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03/24/2008 - 6154_ , � .. _ .. � CffY OF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF MARCH 24, 2008 7:30 p.m. - City Council Chambers Attendance Sheet ALFASF AR/NT NAMF, At?flR�SS ANfl /TFM NUMB�'R YaU ARF /NTFRFSTFD /N. Print Name (Clearly) Address Item No. ' �' V(� N�. �..7 c9 �3 r� �- ��_ 2G t�' (� n�e.Q � t l S � � CITY COUNCIL MEETING OF MARCH 24, 2008 CffY OF FRIaLEi' 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 763-572-3500 at least one week in advance. (TTD/763-572-3534) PLEDGE OF ALLEGIANCE. PRESENTATION: Recreation Sports and Fitness Programs APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of March 10, 2008 NEW BUSINESS: Special Use Permit Request, SP #08-04, by Amtech Lighting Services for Holiday Gas Station, to Allow an Electronic Message Sign to be Incorporated into the Existing Free-Standing Sign, Generally Located at 5695 Hackmann Avenue N.E. (Ward 2) ................................................................................ 1- 4 2. Resolution for a Special Use Permit for Limited Outdoor Storage at 7765 and 7775 Main Street (Special Use Permit Request, SP #08-05, by Michael and Patrick Lawrance) ................................................................... 5- 17 FRIDLEY CITY COUNCIL MEETING OF MARCH 24, 2008 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 3. Approve 2008 Reappointments to City Commissions.............................................................................................. 18 - 19 4. Claims (135971-136135) ............................................................................ 20 5. Licenses ................................................................................................... 21 6. Estimates ................................................................................................... 22 ADOPTION OF AGENDA. OPEN FORUM (VISITORS): Consideration of Items not on Agenda — 15 Minutes NEW BUSINESS: 7. Receive Bids and Award Contract for the 2008 Street Improvement Project No. ST. 2008 — 1 .................................................................................................. 23 - 26 8. Informal Status Reports ................................................................................ 27 ADJOURN. CITY COUNCIL MEETING CITY OF FRIDLEY MARC�I 10, 2008 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:34 p.m. ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmember Barnette Councilmember Saefke MEMBERS ABSENT: Councilmember Bolkcom Councilmember Varichak OTHERS PRESENT: William Burns, City Manager Fritz Knaak, City Attorney Scott Hickok, Community Development Director James Kosluchar, Public Works Director PRESENTATION: Springbrook Nature Center Day Camps APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of February 25, 2008 APPROVED. NEW BUSINESS: 1. Special Use Permit Request, SP #08-02, by Mondi Minneapolis, to Allow Limited Outdoor Storage of Pallets Within a Fenced in Area in the Rear Yard of the Property Generally Located at 5261 Ashton Avenue (Ward 3). William Burns, City Manager, stated the pallets at this location would be stored in a 9' x 75' fenced in area in an industrial district. The request is well within the limits of the City's provisions for outdoor storage in industrials districts. The Planning Commission unanimously approved the request at their February 20 meeting. Staff recommends Council's approval. APPROVED. FRIDLEY CITY COUNCIL MEETING OF MARCH 10 2008 PAGE 2 2. Approve Extension of Rezoning Request, ZOA #OS-03, by JLT Group, Inc., for the Property Generally Located at 5601 East River Road (Ward 3). William Burns, City Manager, stated this property is on the east side of East River Road and borders I-694. It is a 25-acre site. Council originally approved the first reading for rezoning of this property to C-3 on September 12, 2005. The JLT Group was to return to Council with a site plan within two years. In July 2007 staff did receive a proposal for a big box commercial development that in staff's view had many limitations and shortcomings. Since then JLT has been working with the adjoining landowner to the north to negotiate access issues. Since these issues have not yet been resolved, JLT is asking for an additional extension of time for bringing a development proposal to Council. Staff recommends they be given an additional six months or until September 12, 2008, to resolve their access issues and submit a proposal. APPROVED. 3. Resolution Ordering Advertisement for Bids: 2008 Miscellaneous Concrete Repair Project No. 375. William Burns, City Manager, stated this is an annual project that covers the remedial sidewalk, pavement and curb repairs that are made necessary due to utility repairs, deterioration or driveway entrance permits. We have budgeted $55,000 for this work in 2008. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2008-16. 4. Receive Bids and Award Contract for the Repair of Wells 8, 9, and 12. William Burns, City Manager, said this is another annual project. This year we plan to pull the pumps and the motors for Wells 8, 9, and 12. In additional to examining and repairing pumps and motors, we also look at the casings, the screens, and the cables that are associated with these wells. Once all of the repairs are made and the pumps and motors have been restored to the wells, we will know the ultimate cost of this project. Typically the actual cost is considerably less than the total amount budgeted. In bidding the project, we assumed there are certa.in basic repairs that will occur no matter what, with the expectation that once the pumps and motors are pulled there could be additional expenses. The low bidder for this year's base bid was Bergerson-Caswell of Maple Plain, Minnesota. The base bid for the three wells is $60,090. We have budgeted $90,000. Staff recommends Council . receive the bids and award the contract to Bergerson-Caswell of Maple Plain, Minnesota. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. FRIDLEY CITY COUNCIL MEETING OF MARCH 10. 2008 PAGE 3 5. Approve Change Order No. 4 for the 2007 Street Improvement Project No. ST. 2007-L William Burns, City Manager, stated the final change order for this project is $56,657.80 for a total cost of $2,497,974.33 for this project. This is only 1 percent more than the original contract amount of $2,429,062.50. Most of the change order, $46,080 is for additional boulevard - excavation that was completed throughout the project area. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 6. Award 2008 Street Maintenance Contracts. William Burns, City Manager, stated Fridley has for several years been enteririg into a joint contract for various street ma.intenance services with Coon Rapids, Andover, Brooklyn Center, Columbia Heights, and Ham Lake. Under this joint powers arrangement, Coon Rapids does the bidding and administers the contract. The 2008 contractual work under this agreement includes $165,751.80 for seal coating of streets; $12,158.40 for contract street sweeping; and $6,592 for pavement markings. The pavement markings and street sweeping are budgeted in the Public Works section of the general fund budget. The seal coating is budgeted in the general capital improvements plan. The amount budgeted is a little short of the bid, $25,751.89. Public Works Director, Jim Kosluchar, believes he can make up for the overage through other operational savings. Staff recommends Council's approval. 7. Appointment — City Employee. Dr. Burns stated staff recommends the appointment of Brad Furlong to the position of Public Services Worker — Sewer. APPROVED. 8. Claims (135773-135968). APPROVED. 9. Licenses. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. APPROVAL OF PROPOSED CONSENT AGENDA: Mayor Lund asked to remove Item Nos. 4 and 5. FRIDLEY CITY COUNCIL MEETING OF MARCH 10 2008 PAGE 4 MOTION by Councilmember Barnette to approve the consent agenda as presented with the removal of Items 4 and 5. 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 Barnette to approve the agenda with the addition of Items 4 and 5. Saconded by Councilmember Saeflce. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORM (VISITORS): No one from the audience spoke. NEW BUSINESS: 4. Receive Bids and Award Contract for the Repair of Wells 8, 9, and 12. Mayor Lund stated he was a little confused between what it says in his packet and the presentation by Dr. Burns. It says the low bid was $60,090. In looking at the charts in the agenda materials, the low bid of Bergerson-Caswell amounts to about $125,000. He asked if they were approving the low bid of $60,900 or the high bid. James Kosluchar, Public Works Director, stated they would be approving the low bid, which includes removal and inspection of the pumps and motors and some minor repairs. Mayor Lund stated if they are going to approve this tonight, it is for $60,090. He assuxnes it specifies exactly in the contract what they are paying that amount for, so there is no dispute. He asked what happens if the cost exceeds $90,000. Mr. Kosluchar stated if it exceeds $90,000 for necessary repairs, he would be back before Council explaining those needs and requirements. Their goal is to atta.ck the worst of the three - wells. The likelihood of overage is highest at the beginning. Mayor Lund asked if there was something in the bid that tells them they are giving us a base bid for $60,090. Mr. Kosluchar said the potential repairs they commonly encounter are itemized ahead of time so they have a fixed price to work with, including fixed labor rates for any other additional labor charges. FRIDLEY CITY COUNCIL MEETING OF MARCH 10i2008 PAGE 6 _ Mr. Kosluchar said it would not. Mayor Lund said the City would pay the added expense. Mr. Kosluchar replied in this case, yes. Mayor Lund asked if they were possibly certifying the assessments too soon. William Burns, City Manager, stated we are required by the County to have our levies and ` assessments in by a certain date in November. He did not think they could avoid that deadline unless they want to put the assessment off for an entire additional year. They lose money by _ doing that. MOTION by Mayor Lund to approve Change Order No. 4 for the 2007 Street Improvement Project No. ST. 2007-1. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 10. Informal Status Reports William Burns, City Manager, said the newsletter is finished and will be out the first week in ApriL - ADJOURN. MOTION by Councilmember Barnette, seconded by Saefke, to adjourn. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MEETING ADJOURNED AT 8:05 P.M. Respectfully submitted by, Denise M. Johnson Scott J. Lund Recording Secretary Mayor �t PLANNING COMMISSION MEETING February 20, 2008 Acting Chairperson Kondrick called the Planning Commission Meeting to order at 7:30 p.m. MEMBERS PRESENT: MEMBERS ABSENT: OTHERS PRESENT: Approval of Minutes: Leroy Oquist, David Kondrick, Brad Sielaff, and Brad Dunham Dean Saba, Diane Savage, and 3ack Velin Stacy Stromberg, City Planner Steve Lieb, Mondi Minneapolis January 16, 2008 MOTION by Commissioner Oquist to approve the minutes as presented. Seconded by Commissioner Sielaff. . UPON A VOICE VOTE, ALL VOTING AYE, ACTING CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING Consideration of a Special Use Permit, SP #08-02, by Mondi Minneapolis, to allow limited outdoor storage on their property, generally located at 5261 Ashton Avenue. MOTION by Commissioner Dunham to open the public hearing. Seconded by Commissioner Sielaf£ UPON A VOICE VOTE, ALL VOTING AYE, ACTING CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED AND THE HEARING OPENED AT 7:32 P.M. Ms. Stromberg stated Steve Lieb of Mondi Minneapolis is seeking a special use permit to allow limited outdoor storage of pallets within a fenced-in area in the rear yard of the property at 5261 Ashton Avenue. The petitioner is requesting to store pallets required for their business in a 9-foot by 75-foot enclosed storage area. The property is zoned M-2, Heavy Industrial, as are all surrounding properties. It is on the corner of 52"d Way and Ashton Avenue. The property was developed in 1999 with a 53,952 square foot building. Ms. Stromberg stated while doing code enforcement inspections in this neighborhood, it came to staf�s attention this property was in non-compliance with outdoor storage requirements as are several other businesses in this neighborhood. As a result letters were sent to those property owners notifying them of the violation and the need for them to apply for a special use permit if they wish to continue to have outdoor storage on their sites. As a result the petitioner has requested the special use permit tonight. Ms. Stromberg stated City Code allows limited outdoor storage in the industrial districts that is up to 50 percent of the building footprint with a special use permit. The building is 53,952 square feet, so City Code would allow up to 26,976 square feet of outdoor storage on this site. The petitioner is proposing to construct a 675 square foot fenced-in area to allow for the storage of pallets which is 2.5 percent of the allowable outdoor storage space for this property. Ms. Stromberg stated additional requirements also need to be met before a special use permit can be issued. Those requirements relate to height, screening of the materials, making sure the subject property is meeting parking requirements, and ensuring the types of materials stored outside are approved by the Fire Mazshal. City Code requires that the existing business has 34 parking stalls based on the breakdown of the usage within the building. The petitioner has . articulated to staff that the existing business only has five employees, and the parking area is really needed more for semi-truck parking and semi-truck maneuvering to and from their existing loading dock. Ms. Stromberg stated the site plan submitted by the petitioner shows 22 parking stalis; however, they are proposing to proof an additional 23 parking stalls. Staff will consider the proof of parking appropriate based on the existing needs of this business; however, if those needs were to change, the proof of parking area would need to be striped and maintained for vehicle parking. The petitioner is meeting or exceedin� all other code requirements for limited outdoor storage. Ms. Stromberg stated City staff has heard from only one neighboring property owner who was simply inquiring about what types of items were going to be stored outside on this property. After Ms. Stromberg explained it to them, they did not have any problems with the request. Ms. Stromberg sta.ted City staff recommends approval of this special use permit with stipulations as limited outdoor storage is a permitted special use in the M-2, Heavy Industrial zoning district. Staff recommends that if the special use permit is granted, the following stipulations be attached: l. No outdoor storage other than the proposed enclosed area for pallet storage shall exist on the site without an additional special use permit being approved. 2. The petitioner shall receive approval from the Fire Marshal prior to construction of the enclosed area. Acting Chairperson Kondrick asked Mr. Lieb whether he had anything to add to the presentation? Steve Lieb, Chief Operating Officer and Vice President of Mondi Minneapolis, stated, no, not at all. Acting Chairperson Kondrick asked Mr. Lieb whether he was in agreement v►ri�a>-the stipulations as proposed by staff? Mr. Lieb replied, yes, absolutely. � � Acting Chairperson Kondrick asked him whether there would be any problems with the trucks going back and forth and will they still be able to maneuver in the parking lot? Mr. Lieb replied, yes, they can. Acting Chairperson Kondrick asked Mr. Lieb what type of business do they do there? Mr. Lieb replied they do warehousing distribution for a European paper manufacturer. MOTION by Commissioner Sielaff to close the public hearing. Seconded by Commissioner Dunham. UPON A VOICE VOTE, ALL VOTING AYE, ACTING CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED AND THE HEARING CLOSED AT 7:38 P.M. Commissioner Oquist commented that this is pretty straightforward. Acting Chairperson Kondrick asked whether the outdoor storage will be screened? Ms. Stromberg replied, it will be fenced in with a solid. screening fence. MOTION by Commissioner Oquist approving Special Use Permit, SP #08-02, by Mondi Minneapolis, to allow limited outdoor storage on their property, generally located at 261 Asthton Avenue with the following stipulations: 1. No outdoor storage other than the proposed enclosed azea for pallet storage shall exist on the site without an additional special use permit being approved. 2. The petitioner shall receive approval from the Fire Marshall prior to construction of the enclosed area. Seconded by Commissioner Sielaff. UPON A VOICE VOTE, ALL VOTING AYE, ACTING CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. Acting Chairperson Kondrick informed Mr. Lieb this will now go before the City Council at their March 10, 2008, meeting. 2. PUBLIC HEARING Consideration of a Special Use Permit, SP #08-04, by Amtech Lighting on behalf of Holiday �as Station, to allow an electronic message sign to be incorporated into the existing free-st�nding sign, generally located at 5695 Hackman Avenue NE. (Petitioner not present.) , MOTION by Commissioner Sielaff to table this item to the next Planning Commission meeting, March 5, 2008. Seconded by Commissioner Dunham. UPON A VOICE VOTE, ALL VOTING AYE, ACTING CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. Receive the Minutes of the January 20, 2008, Housing & Redevelopment Authority Meeting. MOTION by Commissioner Oquist to receive the Minutes. Seconded by Commissioner Dunham. UPON A VOICE VOTE, ALL VOTING AYE, ACTING CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. Receive the Minutes of the January 7, 2008, Parks & Recreation Commission Meeting. MOTION by Commissioner Sielaff to receive the Minutes. Seconded by Commissioner Oquist. UPON A VOICE VOTE, ALL VOTING AYE, ACTING CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. OTHER BUSINESS Ms. Stromberg reminded the Commission that their next meeting is March 5, 2008 and there will be two special use permits that night. ADJOURN MOTION by Commission Oquist adjourning the meeting. Seconded by Commissioner Dunham. UPON A VOICE VOTE, ALL VOTING AYE, ACTING CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNAMOUSLY AND THE MEETING ADJOURNED AT 7:43 P.M. Respectfully submitted, � , � �"1� r� Denise M. Johnson Recording Secretary . 4 0 PLANNING COMMISSION MEETING March 5, 2008 Chairperson Savage called the Planning Commission Meeting to order at 7:29 p.m. MEMBERS PRESENT: MEMBERS ABSENT: OTHERS PRESENT: Dean Saba, Diane Savage, Brad Sielaff; Jack Velin, and Leroy Oquist David Kondrick and Brad Dunham Stacy Stromberg, City Planner Pat Lawrance, Signcrafter's Duane Downey, Amtech Lighting APPROVAL OF PLANNING COMMISSION MEETING MINUTES: February 20, 20008 MOTION by Cornmissioner Oquist to approve the minutes as presented. Seconded by Commissioner Sielaff. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEA.RING Consideration of a Special Use Permit, SP #08-04 by Amtech Lighting on behalf of Holiday Gas Station, to allow an electronic message sign to be incorporated into the existing freestanding sign, generally located at 5695 Hackman Avenue NE. MOTION by Commissioner Sielaff to open the public hearing. Seconded by Commissioner Velin. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE HEARING OPENED AT 7:32 P.M. Stacy Stromberg, CiTy Planner, stated the petitioner is requesting a special use permit to allow an electronic reader board to replace the existing numeral reader board on an existing pylon sign at the Holiday Gas Station located at 5695 Hackman Avenue. A freestanding sign already exists on the subject property. In 2006 the property received a special use permit approval to allow an L.E.D gas pricing sign. At this time the petitioner is seeking to change out the existing 21.5 square foot manual reader board sign with the same size electronic reader board sign. 1 Ms. Stromberg stated the subject property is located on Hackman Avenue, just east of Highway 65 and is zoned C-2 General Business. The property has been used as a service station since the 1950's, and in 1975 the property was rezoned from C-1 Local Business to C-2 General Business. In 1999 a special use permit was issued to allow the motor vehicle fuel station store and, as a result, the existing Holiday station was constructed. Four fueling stations covered by a canopy were also constructed on this site, and a sign permit was also issued for the existing pylon sign in 1999. Ms. Stromberg stated electronic changeable signs are an approved special use in any zoning district except residential, provided the message does not change more often than once every 45 seconds. The sign also needs to be in conformance with the sign requirements for the zoning districts in which the property is located. The property is zoned C-2 General Business which requires a freestanding sign cannot exceed 80 square feet in size. The total sign area of the existing sign is 78 square feet and the proposed electronic piece is 21.5 square feet. After zeplacing the old sign with the new sign, there will be 44 square feet of electronic sign area that will exist on this sign. Ms. Stromberg stated after further review of the existing sign, it appears that it is deficient in meeting two code requirements related to freestanding signage on commercial properties. City Code requires that all freestanding signs be 10 feet from a property line or driveway. The existing sign is 10 feet from the west property line; however, it is only 2 feet from the driveway coming into the lot. City Code also requires a minimum of 10 feet from the bottom of the sign to the finished ground grade when the sign is within 25 feet from a driveway or a corner vision safety zone. As a result of these findings, it will be necessary to stipulate that the sign is either moved to be 10 feet from the driveway or a variance shall be obtained. It is also necessary to stipulate that either the height of the sign is increased or the size of the proposed electronic reader board sign be reduced so the distance between the ground and the bottom of the sign is 10 feet. In no case shall the sign exceed the maximum code required height of 25 feet. Ms. Stromberg stated City staff recommends approval of this special use permit as electronic changeable signs are an approved special use in a commercial zoning district. If the special use permit is approved, it will repeal and replace Special Use Permit #06- 10. City staff recommends if the special use permit is granted, the following stipulations be attached: 1. The petitioner shall obtain sign permit and current sign erector license prior to insta.11ing any signage on site. 2. The petitioner shall submit plans to City staff showing how the 10 foot requirement from the ground to the bottom of the sign will be met prior to issuance of a sign permit. 3. The petitioner shall move the existing freestanding sign to be 10 feet from the property line and driveway or a variance shall be obtained to recognize the existing setback prior to installation of the proposed electronic sign. 4. Message on L.E.D. sign shall not change more often than authorized under Section 214.07 of the Fridley City Code. � 5. Message on L.E.D. sign sha11 never flash or have motion that may distract vehicular tr�c in the area. Chairperson Savage asked whether the City has had any contact with Jan Rautio, Manager of the Moore Lake Apartments, who submitted a letter opposing the sign? Ms. Stromberg replied Julie Jones did have a discussion with her explaining the details of the sign. Ms. Rautio stated she would not be able to attend the meeting tonight, so Julie Jones encouraged her to send a letter instead. The petitioner can address some of the concerns stated in her letter. Commissioner Sielaff asked about the deficiencies in the sign right now, were they there when it was originally approved? Ms. Stromberg replied, yes, they were. Commissioner Sielaff asked what is the reason for it not being taken care of up until now? Ms. Stromberg replied, she cannot answer that. She is not sure why that was not more closely looked at when it was originally installed. Therefore, they are recognizing that it exists now and asking them to comply. Commissioner Sielaff asked, in other words the Code has not changed? Ms. Stromberg replied, no, it has not. Duane Downey, Amtech Lighting, stated those footings have been there a long time for the sign. He thinks when Holiday purchased the property, they got permits to redo the driveway and that actually moved the driveway closer to where the existing sign is. Mr. Downey stated regarding Ms. Rautio's letter, she states she thought the sign would be too bright. L.E.D. signs generally do not put out more light than an existing fluorescent sign. If you had a flashing L.E.D. sign it could definitely be an annoyance, but since Fridley's code doesn't allow the sign to flash, there shouldn't be a problem. Chairperson Savage asked Mr. Downey if he had any problems with the stipulations? Mr. Downey replied, no, those are not going to be any problem. There is room to move it to get it to the 10-foot setback. The only problem he had was it being directly under the high power lines but they can work around that. MOTION by Commissioner Saba to close the public hearing. Seconded by Commissioner Oquist. 3 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE HEARING CLOSED AT 7:42 P.M. Commissioner Saba sta.ted he thinks it the best situation. It is more convenient. Commissioner Oquist sta.ted it is important at the intersection the sign does not flash because it is a bad intersection to begin with. Commissioner Sielaff stated he believed it was an improvement over what they have now because they wiTl be in compliance. Chairperson Savage stated the City did do a study of electronic signs about five years ago in other cities. She just has a concern, not necessarily about this particular sign, but that we are getting kind of an explosion of these signs. She wandered if it would be possible for the City to take another look at the ordinances covering these signs in comparable cities. She certainly does not have a problem with this sign. It would not be fair to deny this petitioner when it is a permitted similar request. MOTION by Commissioner Saba approving Special Use Permit, SP #08-04 by Amtech Lighting on behalf of Holiday Gas Station, to allow an electronic message sign to be incorporated into the existing freestanding sign, generally located at 5695 Hackman Avenue NE with the following stipulations: 1. The petitioner sha11 obta.in sign permit and current sign erector license prior to installing any signage on site. 2. The petitioner shall submit plans to City staff showing how the 10 foot requirement from the ground to the bottom of the sign will be met prior to issuance of a sign perniit. 3. The petitioner shall move the existing freestanding sign to be 10 feet from the property line and driveway or a variance shall be obtained to recognize the existing setback prior to installation of the proposed electronic sign. 4. Message on L.E.D. sign shall not change more often than authorized under Section 214.07 of the Fridley City Code. 5. Message on L.E.D. sign shall never flash or have motion that may distract vehicular traffic in the area. Seconded by Commissioner Oquist. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Chairperson Savage informed the petitioner he will need to be at the City Council meeting on March 24 because they are the ones who will make the final decision. 2. PUBLIC HEARING 4 Consideration of a Special Use Permit, SP #08-05, by Michael & Patrick Lawrance to allow limited outdoor storage on the property, generally located at 7765-77751Vfain Street NE. MOTION by Commissioner Oquist to open the public hearing. Seconded by Commissioner Sielaff. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE HEARING OPENED AT 7:43 P.M. Stacy Stromberg, City Planner, stated the petitioners, the owners of Signcrafters, are seeking a special use permit to allow limited outdoor storage on their property located at 7775 Main Street NE. The property is zoned M-2, Heavy Industrial and is located on Main Street, north of 77�' Avenue. The petitioner plans to use the outdoor storage area for storage of motor vehicles and signs. The outdoor storage area is proposed to be 3,991 square feet and will be located on the north and east sides of the existing building. Ms. Stromberg stated in October 2005 the petitioners had placed a temporary sign in the public right-of-way advertising the availability of outdoor storage space if somebody wanted to rent industrial outdoor storage space. It was at that time that staff notified the petitioner that outdoor storage areas in the industrial district require a special use permit. After repeated letters and telephone conversations, the owners of Signcrafters were given a deadline of March 3, 2006, to submit an application for a special use permit for outdoor storage. On March 8, 2006, when no application had been received and negotiations had been broken down, staff issued a cita.tion to Patrick Lawrance, owner of the property, for having outdoor storage on an industrial property without a special use permit. Ms. Stromberg stated in response to the criminal citation, the owners of Signcrafters filed a civil case against the City arguing that they were allowed to have outdoor storage on the property because they had a legal nonconforming condition. The civil case needed to be resolved before the criminal case because if Signcrafters prevailed in their position on being legally non-conforming, no crime was committed by having their outdoor storage. Consequently, the City's criminal case was put on hold. The civil case, as well as the criminal case, was finally resolved in a settlement agreement by the Fridley City Council on January 7, 2008. The settlement agreement required the owners of Signcrafters to apply for a special use permit by February 1, 2008 which they have and is what we are discussing tonight. Ms. Stromberg stated this case is not like a typical process for outdoor storage special use permits. It is different because there is a settlement agreement that has already been approved and agreed upon by the City Council and the petitioners as to what is going to be allowed for outdoor storage on this site. Ms. Stromberg stated after submitting the special use permit report to our legal staff at the end of last week, the City's legal staff advised us that instead of approving the stipulations that staff had placed on the special use permit that are in the Planning Commission packet, the Planning Commission should instead recommend to the City Council approval of the resolution that is part of the settlement agreement. Commissioner Oquist asked if they are going to be setting some sort of a precedent, that they are going to be seeing more of this rather than stipulations on the special use permits? Ms. Stromberg replied, no. This is a very unique case. Chairperson Savage asked Mr. Lawrance if he had anything to add? Pat Lawrance, President of Signcrafters, replied it has gone on for several years and he thinks they are finally in agreement of where everything is at. He received a copy of the resolution and difference in calculations is due to a survey being obtained. He thinks that everybody is on board both at his office and here at the City. They axe okay with everything. Commissioner Oquist asked Mr. Lawrance whether they plan on leasing out this area for outdoor storage? Mr. Lawrance replied, no, they are in agreement that the auto body business that they Iease part of the building to will have cars and Signcrafters will have signs in the area that they aze allowed to have outdoor storage. Commissioner Oquist asked whether he would be putting signs out on the right-of-way again. Mr. Lawrance replied, no, they cannot do that except if their tenant they rent their building to as said in his contract after three years should go away, they may put a small "For Lease" sign out just to attract a new tenant within the City guidelines. MOTION by Commissioner Saba to close the public heazing. Seconded by Commissioner Sielaff. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE HEARING CLOSED AT 7:52 P.M. MOTION by Commissioner Saba approving Special Use Permit, SP #08-05, by Michael & Patrick Lawrance to allow limited outdoor storage on the property, generally located at 7765-7775 Main Street NE with the following Resolution No. • CITY OF FRIDLEY RESOLUTION NO. 0 SPECIAL USE PERMIT FOR OUTDOOR STORAGE AT 7765 MAIN STREET AND 7775 MA1N STREET, FRIDLEY, MINNESOTA. The above matter came before the City Council of the City of Fridley and was heard on the day of , 2008, on a petition for a special use permit for outdoor storage pursuant to the City of Fridley Zoning Ordinance, for the following described property: ' 7765 Main Street and 7775 Main Street, Fridley, Minnesota IT IS ORDERED that a speeial use permit be granted as upon the following conditions or reasons: 1. As depicted on the atta.ched site plan (Exhibit 1), the existing outdoor storage area is limited to a maximum of 3,195 square feet, exclusive of the area occupied by a single waste dumpster on the premises. [note: the sign plan will reflect that the outdoor storage area will be located on the pavement, loading dock or trailers along the east side of the property, and will not be located on the 21' by 19' space at the north end of the trailers or elsewhere, however, the dumpster may be moved to this area.] To reduce the likelihood that open areas outside the lawful outdoor storage area paxking area, and driving or turnaround areas are inadvertently used for the purpose of outdoor storage, those open areas outside of the areas designated in the site plan for outdoor storage, parking or driving or turnaround areas shall be landscaped with black dirt and then seeded with grass that becomes established, is then cut regularly and otherwise maintained. 2. Other areas of the property will not be used for outdoor storage unless the property owner or owners have first come into full compliance with those portions of the state and local law then in effect that regulate outdoor storage-related activities including, but not limited to, curbing requirements, paving requirements, drainage requirements, and storm water management requirements. 3. As depicted on the attached site plan, the outdoor storage area is limited to a side or rear yard. 4. The materials and equipment kept in the designated outdoor storage area must be fully screened so as to not be visible from any of the public rights- of-way adjacent to the site, or from either of the commercial uses adjacent to the site. Satisfaction of this condition will require the addition of opaque screening that encompasses the north, east and west sides of the outdoor storage area, including on the gate or gates. 7 5. Screening of the outdoor storage area shall be achieved through a combination of masonry walls, fencing, berming, or landscaping in accordance with Fridley City Code § 105.17.06G.(1)(a). Compliance with conditions 4 and 5 may be achieved through either (1) installation and maintenance of a combination of slatting from top to bottom of chain-link fencing and gates and Engleman ivy planted along the fencing every two feet on center, or (2) installation and maintenance on all fencing and gating surfaces of 90 percent black privacy screening material. For purposes of this provision, "maintenance" includes replacement of broken or deteriorated slats or other materials, care of all ivy plans and replacement through replanting of any diseased or dead ivy plants. 6. Materials and equipment stored outside must not exceed 12 feet in height. 7. If any of the trailers currently used for outdoor storage are moved or replaced, the property owners shall then be required to pave the area beneath the trailers and extend the curbing to the entire east side and the entire north side of the outdoor storage area as depicted on the attached site plan. In the interim, the property owners must install or keep a solid wood floor in each such trailer. 8. This permit does not authorize the outdoor storage of semi-trucks, semi- trailers, or heavy construction equipment. This condition does not prohibit the use of up to three units for the outdoor storage of parts so long as those units are within the area permitted for outdoor storage, and their height does not exceed the 12-foot requirement of condition (6) above. 9. Hazardous chemicals and materials may not be stored outside. 10. Except as otherwise specified above, Petitioners must fully comply with these requirements no later than June 1, 2008. Adopted by the City Council of the City of Fridley this day of , 2008. * * * Seconded by Commissioner Oquist. Scott Lund, Mayor UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CAR1tIED UNANIMOUSLY. 8 0 Chairperson Savage stated this does go to City Council on March 24 at 7:30 p.m. 2. Receive the Minutes of the February 7, 2008, Housing & Redevelopment Authority Meeting. MOTION by Commissioner Oquist to receive the Minutes. Seconded by Commissioner Saba. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. OTHER BUSINESS Ms. Stromberg reminded the Commission they have one item at their next meeting on March 19, 2008. ADJOURN MOTION by Commissioner Saba adjourning the meeting. Seconded by Commissioner Sielaff. UPON A VOICE VOTE, ALL VOTING AYE, ACTING CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNAMOUSLY AND THE MEETING ADJOURNED AT 7:48 P.M. Respectfully submitted, i�rr�' � �� Denise M. Johnson Recording Secretary 0 � � �ffY �F FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF MAR. 24, 2008 Date: March 20, 2008 To: William Burns, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Manager Stacy Stromberg, Planner Subject: Special Use Permit request SP #08-04 for an Electronic Changeable Sign at the Holiday Gas Station located at 5695 Hackmann Avenue Background The City has received a special use permit request for a second electronic changeable sign segment on the existing pylon sign at the Holiday Gas Station located at 5695 Hackmann Avenue from Amtech Lighting, the properiy's sign contractor. In 2006, the City granted this properiy a special use permit for an LED sign for the gas pricing portion of the sign. The petitioner's current request is to change out the existing manual reader board, which is the lower portion of their free standing sign, with an electronic reader board sign of the same size. Commission Recommendation The Planning Commission held a public hearing on this matter on March 5, 2008. No one from the public appeared to address the request, but the Commission had received one letter from the adjacent apartment building expressing concerns. Following discussion, the Commission voted unanimously to recommend Council approval of SP #08-04. Chair Savage did request, however, that staff conduct another study as to what other cities have for code requirements on electronic signs. Staff Recommendation Staff concurs with Planning Commission's recommendation. City of Fridley Land Use Application SP #08-04 March 5, 2008 GENERAL INFORMATION Applicant: Amtech Lighting Services for Holiday Station Stores 6077 Lake Elmo Ave N Stillwater, MN 55082 Requested Action: Special Use Permit for an automatic changeable sign Purpose: To replace existing manual reader board with an electronic reader board. Existing Zoning: C-2 (General Business) Location: 5695 Hackmann Ave. Size: 60,220 sq. ft. 1.38 acres Existing Land Use: Gasoline Station Store Surrounding Land Use & Zoning: N: Single Family & R-1 E: Single Family & R-1 S: Multi-Family & R-3 W: Hwy 65 & ROW Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Section 214.07 of the City of Fridley sign code requires a special use permit for an automatic changeable sign. Zoning History: 1959 — Lot is platted 1959 — Gas station constructed 1975 — Lot re zoned from C-1 to C-2 1999 — Demo of original gas station 1999 — Current station built and pylon sign permit issued 2006 — SUP issued for an electronic gas pricing sign. Legal Description of Property: Part of Lot 1. Auditors Subdivision No. 25. Public Utilities: The building is connected. Transportation: Hackmann Avenue provides access to the property. SPECIAL INFORMATION Physical Characteristics: Lot contains the Gas station store building, fueling pumps, hard surface parking and driving areas and landscaped areas. SU M MARY OF PROJECT The petitioner, Amtech Lighting Services, who is representing Holiday Companies, is requesting a special use permit to allow an electronic reader board to replace the existing manual reader board on the existing pylon sign at the Holiday gas station which is located at 5695 Hackmann Avenue. SU M MARY OF ANALYSIS City Staff recommends approval of this special use permit, with stipulations. Electronic changeable signs are an approved special use in the commercial zoning district, provided the sign complies with Code requirements. Special Use Permit #06-10 will be repealed and replaced with Special Use Permit #08-04 if this Existing Sign CITY COUNCIL ACTION/60 DAY SCHEDULE City Council — March 24, 2008 60 Day Date — March 17, 2008 Staff Report Prepared by: Stacy Stromberg SP #08-04 REQUEST The petitioner, Amtech Lighting, who is representing Holiday Companies, is requesting a special use permit to allow an electronic reader board to replace the existing manual reader board on the existing pylon sign at the Holiday Gas Station which is located at 5695 Hackmann Avenue. A free-standing sign already exists on the subject property, which is located on the west side of the property along the Service Drive. In 2006, the property received Special Use Permit approval to allow an LED gas pricing sign. At this time, the petitioner is seeking to change out the existing 21.5 square foot manual reader board sign with a 21.5 square foot electronic reader board sign. The total square footage of the pylon sign is 78 square feet. HISTORY AND ANALYSIS The subject property is located on Hackmann Avenue, just east of Hwy 65. The property is zoned C-2, General Business. This property has been used as a service station since the 1950's. In 1975, the property was rezoned from C-1, Local Business to C-2, General Business. In 1999, a special use permit was issued to allow a motor vehicle fuel station store and as a result the existing Holiday Station Store was constructed. Four fueling stations covered by a canopy were also constructed on the site. A sign permit for the existing pylon sign was also �� :;:, f �� ,. r r r ,. ,�5� � , �,4� ,�� ,�`� obtained in 1999. As stated above, in 2006, a special use permit was granted to allow an electronic gas pricing sign, which exists on the sign today. �� 'r ' ' ' ` �" CODE REQUIREMENTS , `,, ��, �. j ` , .'; ��,;-,- �' �__l Electronic changeable signs are an approved special �-��,�r�`� ;� �_ �; �, -, use in any zoning district, except residential, provided �1~-� �' '�� the message doesn't change more often than once 1 ��` � '�� '�� every 45 seconds. The sign also needs to be in � � `�'' ��' � conformance with the sign requirements for the zoning f ° E`� �'�� district, in which the property is located. The subject property is zoned, C-2 General Business, which �, ��= u� �'�=�° i�� requires that free standing signage can not exceed 80 � 1'3-= ' square feet in size. The existing sign meets that size ,�� °A5� ' requirement as will the re-face of the existing manual �'� i=' ' reader board sign with an electronic reader board sign. " '-J" The total sign area is approximately 78 square feet, with the new electronic portion being 21.5 square feet. The existing LED gas pricing sign is 22.5 square feet. After the replacement of the reader board sign, 44 square feet of electronic sign area will exist on the 78 square foot sign. After further review of the existing sign, it appears that it is deficient in meeting two code requirements related to free-standing signage on commercial properties. City code requires that all free-standing signs be 10 ft. from a property line or driveway. The existing sign is 10 ft. from the west property line; however it is approximately 2 ft. from the driveway into the lot. City code also requires a minimum height of 10 ft. from the bottom of the sign to the finished ground grade when the sign is within 25 ft. of a driveway or a corner vision safety zone. This sign is within 25 ft. of a driveway. As a result of the above findings, it will be necessary to stipulate that the sign is either moved to be 10 ft. from the driveway or a variance shall be sought. It will also be necessary to stipulate that either the height of the sign is increased or the size of the proposed electronic reader board sign shall be reduced, so the distance between the ground and the bottom of the sign meets the code required 10 ft. In no case shall the sign exceed the maximum code required height of 25 feet. City staff hasn't heard from any neighboring property owners. STAFF RECOMMENDATION City Staff recommends approval of the special use permit as electronic changeable signs are an approved special use in the commercial zoning district, provided the sign complies with Code requirements, subject to stipulations. Special Use Permit #06-10 will be repealed and replaced with Special Use Permit #08-04 if this Special Use Permit is approved. STIPULATIONS City Staff recommends that if the special use permit is granted, the following stipulations be attached. 1. The petitioner shall obtain sign permit and current sign erector license prior to installing any signage on site. 2. The petitioner shall submit plans to City staff showing how the 10 ft. requirement from the ground to the bottom of the sign is being met prior to issuance of a sign permit. 3. The petitioner shall move the existing free-standing sign to be 10 ft. from the property line and driveway or a variance shall be obtained to recognize the existing setback prior to installation of the proposed electronic sign. 4. Message on L.E.D. sign shall not change more often than authorized under Section 214.07 of the Fridley City Code. 5. Message on L.E.D. sign shall never flash or have motion that may distract vehicular traffic in the area. � � �ffY �F FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF MAR. 24, 2008 Date: March 19, 2008 To: From: Subj ect: William Burns, City Manager Scott Hickok, Community Development Director Julie Jones, Planning Manager Resolution Regarding SP #08-05, a Special Use Permit to Allow Limited Outdoor Storage in an M-2 Zoning District at 7775 Main Street Background In October 2005, staff began encouraging the owners of 7775 Main Street to bring their property into compliance by applying for a special use permit for limited outside storage. By March of 2006, it was clear that staff was not going to obtain voluntary compliance with this code requirement on this property, so a citation was issued to the owner of the property. As our criminal case proceeded, the defendant filed a civil case against the City, claiming that their outside storage was legal nonconforming. In January of this year, the City Council approved a settlement agreement resolving both cases. The result of that settlement agreement is the attached SUP application. The petitioners, Michael and Patrick Lawrance of Signcrafter's, are seeking a special use permit to allow limited outdoor storage on the property that they own at 7775 Main Street. Three tenants occupy the building and will utilize the outdoor storage area. The petitioners plan to use the outdoor storage area for the storage of motor vehicles and signs. The outdoor storage area is proposed to be 3,991 square feet and will be located on the north and east sides of the existing building. City Code allows limited outdoor storage in the industrial districts that is up to 50% of the building footprint with a special use permit. The building's square footage is 11,039 square feet, so City code would allow up to 5,519 sq. ft. of outdoor storage on this site. Note that the settlement agreement between the City and the petitioners states that the outdoor storage area will be 3,195 sq. ft. At the time of the settlement agreement, the petitioners didn't have a to-scale survey of their property. As a result, the square footage amount in the settlement agreement differs from what the petitioners state in the letter they submitted with this special use permit request. Since the settlement agreement, a certificate of survey has been completed for the property showing a more accurate measurement of the outdoor storage area. Since, it is well within the allowable 5,519 square footage allotment for this property, staff is agreeable to allowing 3,991 sq. ft. of outdoor storage. This SUP review is different than our normal process in that the terms established in the resolution attached to the settlement agreement serve as the stipulations for the SUP. Commission Action On March 5, 2008, the Planning Commission held a public hearing regarding SP #08-05. The Commission unanimously approved the special use permit request for 7775 Main Street per the terms set forth in the resolution, which is E�ibit A to the Settlement Agreement approved by Council on January 7, 2008. No one from the public appeared to testify in opposition to the special use permit request. Staff Recommendation Staff concurs with the action taken by the Planning Commission and recommends Council approval of the attached resolution, approving SP #08-05, a Special Use Permit to allow limited outdoor storage on the property generally located at 7775 Main Street. City of Fridley Land Use Application SP #08-05 March 5, 2008 GENERAL INFORMATION Applicant: Michael and Patrick Lawrance 7775 Main Street NE Fridley MN 55432 Requested Action: Special Use Permit to allow exterior storage in an M-2, Heavy Industrial zoning district. Existing Zoning: M-2 (Heavy Industrial) Location: 7775 Main Street NE Size: 55,839 sq. ft. 1.28 acres Existing Land Use: Industrial Surrounding Land Use & Zoning: N: Industrial & M-2 E: Industrial & M-2 S: Industrial & M-2 W: Industrial & S-3 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Sec. 205.18.01.C.12 requires a special use permit to allow limited outdoor storage. Zoning History: 1972 — Lot is platted. 1976 — Building is constructed. Legal Description of Property: Lot 6, Block 3, East Ranch Estates 2na Addition, subject to easement of record. Public Utilities: Building is connected. Transportation: Main Street provides access to the property. Physical Characteristics: Building, gravel yard, hard surface parking area with very little landscaping. SPECIAL INFORMATION SU M MARY OF PROJECT The petitioners, Mike and Patrick Lawrance are seeking a special use permit to allow limited outdoor storage on their property, which is located at 7775 Main Street NE. SU M MARY OF ANALYSIS City Staff recommends approval of this special use permit, by resolution (Exhibit A of Settlement Agreement). Limited outdoor storage is a permitted special use in the M-2, Heavy Industrial zoning district, provided specific code requirements are met, subiect to stiqulations. CITY COUNCIL ACTION/ 60 DAY DATE City Council — March 24, 2008 60 Day — March 31, 2008 Existing Building Staff Report Prepared by: Stacy Stromberg SETTLEMENT AGREEMENT ANll LTMITED MUTUAL RELEASE Lawrance Properties, Signcrafters Outdoor Display Inc., Patrick Lawrance, and Michael Lawrance (collectively "the Plaintifis" or "Signcrafters"), and the City of Frid�ey ("the City"), hereby agree and covenant as fallows: A. The parties to this Agreernent r�vish to avoid the time, expense, inconvenience and uncertainties of litigation regarding vvhether Flaintiffs' outdoor-storage-related acti�ities comp�y with the laws of the City o� Fridley. Accordingly, without any of the parties admitting any liability or admitting the validity of any claim, counterclaim, cause of a.ction, or defense asserted in this action, the paz�Cies wish to resalve and settle the claims and counterclaims, and defenses asserted thereto, relating to the ovtdoor-storage�related activities of the Plaintiffs. B. The parties to this Agreement desire to dismiss witn prejud'rce the lawsuit entitled "Lawrance Properties Inc., a Minnesota corporation; Signcrafters Outdoor- Display Inc., a Minnesota corporation; Patrick Lawrance, an individual, and Michael Lawrance, an individual, Plaintiffs-Counterclaim Defendants, v. City of Fridley, a Minnesota municipal corporation, Defendant-Counterclaim Praintiff, " Case No.C4-06-656Q, in the District Court of the Tenth Judicial District in Anoka County ("the CiviI Action"). C. The parties iurther desire to disnaiss with prejudice the charges in a proceeding entitled City of Fridley v. Patrick Anthony Lawrance, TCIS No. T2-Ob-10073, in the District Court af the Tenth Judicial Dzstrict in Anoka Connty ("the Crirninal Action"). THEREFORE, in consideration of the foregoing, and the mutual covenants and conditions contained zn this AgreemEnt, the parties agre� as fol�ows: A. This Agreement is entered into in good faith for the p�rpose of settling those disputes of the parties to this AgreemenC wzth regard to whether Plaintiffs' outdaor-storage-related activities comply with the laws af the City of Fridley. B. This Agreement does not resol�e, and is not intended to affect, a�y ather present or potential dzsagreements between the parties other than the disagreement as to whether Plaintiffs' outdoor-storage-reIated activities comply with the laws of the City of Fridley. It c�oes not release, anc� it not intended �o affect, the obligation of any Plaintiff to compiy with any laws other than the laws of the City of Fridley that govem outdoor-storage-related activities. The sub�ects that are beyond the scoge of this Agreement include, but are not limited ta, the follovving: 1. Whether the parking available at Plaintiffs' premises, incIuding the number of off- street spaces, their size, the surface of the areas used or available for parking (including the type and condition of it), the curbing of the areas used or available for parking or the lack thereof, campZies with the laws of the City oi Fridley. �. 2. Whether the dra.inage areas at Plaintiffs' premises or lack thereof, compl�r ovith the laws of the City of FridIey. 3. Whether the stor�n wa�er management plan or practices or lack thereof, cornply �c�vith the laws of the City of Fridle�+. C. No later than February 1, 2008, Plaintiffs shall submit a complete application for a Special Use Perrnit for Outdoor Storage that matches the terms set forth in Exhibi� A attached hereto. This application shail include, but not b� �imited to, an accurate and professionally- prepared site plan (including a scaleable certificate of survey) of all o� the proper�y that is the subject matter af the CiviI Action. Wh�n recei�ed, this appiication shall b� processed by the Ciiy, including presentation to the Planning Commission and tY�ereafter to the City Council, according to tl�e Council's regular timetables and internal dEadlines. The City agrees Co vvaive all fees with resgect to the processing and issuance of the Special Use Pezmit. D. As a conditron to the ei%ctiveness to this Settlement, the parties agree that the City may adopt and approve the attached Special Use Pern�it, with the te�ns in Exhibit A attached hereto, and that the Plarnti�s will abide by the condit�ons of that Special Use P�rmit if approved. If the City does not adopt and approve tl�e Sgecial Use Pernr�it, the a�tcoz�e shall be governed by Paragraph I oi this Agreement. E. Except only for the representations or obligations oi the parties under this Agreement and the Special Us� Permit, the Plaintiffs and an�r and all of their bene�iciaries, ernployees, agents, representati�es, successors, assignees, transferees, joint ventures, attorneys, and insurers, hereby release and discharge the City, and its past and present officers, elected of�icials, emplayees, agents, represen�atives, �liates, divisions, successors, assignees, transferees, joint ventures, attorr�eys, insurers, and rislc pools (including the League of Minnesota Citaes Tnsurance Trust} frarn all manner of cIairz�s, demands, actions, causes oi actions, suits, debts, dt�es, sums of money, accounts, bills, covenants, contracts, rights, obligations, contraversies, agreements, promises, and demands whatsoever, wh�ther in law or equity, the PIarntrffs ever had, or now have, or hereafter may have, vvhether known or unknovvn, regarding whether the Plaintiffs ontdoar-storage-related activities comply with the laws af the City ai Fridley. F. Except only for the representations or obligations of the parties under this Agreement and thE Special Use Permit, the City, and any and all of their and their past and present officers, elected ofiicials, empla�ees, agents, representatives, af�liates, divisions, successors, assignees, trans%rees, joint ventures, attorneys, insurers, and risk paols hereby release aria discharge the PZaintiffs and their beneficiaries, employees, agents, representatives, successors, assignees, t�ansferees, joint ventures, attorneys, and insurers, fron� all �nanner af claims, dernands, actions, causes of actions, suits, debts, dues, sums of money, accaunts, bills, covenants, contracts, rights, obligations, controversies, agreements, promises, and demands whatsoever, whether in law or equity, the City ever had, or now has, or hereafter may have, whether krtown or unknown, against the Plaintiffs, with regard to whether �e Plaintiffs' outdoor-storage-related activities comply with the laws of the City of Fridley_ G. EacY� party wiIi bear its own costs, expenses and attorneys' fees that it has incurrEd in connection witn ar arising out of the Action. 2 H. This Agreement shall be binding upon the successors and assigns of the parties, whether by way of nnerger, consolidation, operation af law, assignment, purchase, or other acquisition. Y. The effectiveness of this Agreement is contingent on the approval of the Special Use Permit in tne form attached as Exhibit A to this Agreement ar a c�ifferent versian of that Perrnit agreeable ta the parties. In Che event that approval af the Special Use Permit is not forthcorning, then within 30 days of a final unappealable or nnappealed action denying an application faz its approva.l, this Agreerrtent shall be �oid, and the parties agree that in that circumstance one or more parties may reinstate the Civil Action, the Criminal Action, or both, or any portion thereof. J'. Within 20 days of the execution of this Agreement, the parties, thraugh their counsel, shall execute az�d file stipulations for dismissal with prejudice of the Civil Action and the C�iminal Actiozt. K. All questions witl� respect to the constn�ction of this Agreement and the �ights and liabilities of �he parties ta this Agreement shall be gaverned by the Iaws of the State of Minnesota. L. Tiiis Agreement eff�cts the settIernent and release of claims arxd defenses, vvhich are deniea and contested by the parties, and nothing contained in this Agreement shall be construed as an admission of liahility by either party. M. Each party represents and warrants that it has not assigned or transferred, or purported to assign or transfer, any oi the claims released pursuant to �his Agreement to any other person and that it is fuIly entitled to compromise and settle such ciaims. Each party shall indemnify the other against a�l costs, expenses, and judgments, including all attorneys' fees incurrEd, in th� event tna� amy third party shall assert any oi the claims released pursuant to this Agreement based on a purported assignrnent or transfer oi rights by a part� to this Agreement. N. 'I'his Agreement and its attachments and addenda represent tl�e entire agreement b�tween Che parties with respect �o t1�e subject matter of the Ag�reerraenC and supersedes alI priar and contemporaneous oral and written agreements and discussians. Each of the parties covenants that it has not entered into this Agreement as a resuit of any representation, agreement, inducernent, or coercion, except to the extent specifically provided in this Agreement. Each party further covenants that the cansideration recited rn this Agreement is the only consideratian far entering into this Agreement, and that no promises or representations of ather or furCl�er consideration have been �nade by any person. This Agreement may be amended onIy by a written agreemEnt executed by all parties. O. This Agreement is the result of arms-length negotiations among the parties. Al� parties ha�e participated in the negotiations, have had an equal opgortunity to participate in the drafting and revision of this Agreement, and ha�e had the opporlunity to review this Agreernent with their counsel. No ambig�ity shall be constraed against any party based upon a claim that the party in questian drafted �e ambiguous language_ P. 'This Agreernent may be executed by the parties by facsimile and in identical counterparts, each of vvhich shaIl constitute an original for all purposes. 3 WHEREFORE, the parties have executed this Settlement Agreement and Limited Mutual Release effective as of the date first above written. Dated: Dated: Dated: Dated: Dated: LAWRANCE PR4PERTIES AND SIGNCRAFTERS OUTDO�R DISPLAY INC_ T'I� CITY OF FRIDLEY BY= Its Mayor By: Its: City Manager P:lAltomcylSAS51 Clienl F]esLSign Crnfters�Selllemenl A�rcemen[ and l,imi[W MuWnl Rcles;e-Auguc[ ckan.DOC f:9 EX�IISIT A C�TY OF FRIDLEY RESOLUTYON NO. SPECYAL USE PERMYT FOR OUTD40R STORAGE AT [ADD ADDRESSES OF ' THE PROPERTIES �N 'TIIE PARCEL] The above matter carc�e beiare the Ciry CounciI of the City of Fridley and was heard on the _ day of �, 2p08, an a petition for a special use permit for outdoor storage pursuant to the City of Fridley's Zoning Ordinance, for the foliowing describea property: 7765 Main Street and 7775 Main Street, Fridley, Nlinnesota. IT IS ORDERED that a special use permit be granted as upon the following conditions or reasons: 1. As depicted on the attached site plan (Exhibit 1), the existing outdoor storage area is limited to a maximum of 3,195 square feet, exclusi�ve of the area occupied by a singie waste dumpster on the prernises. [note: the site plan w%il reflect that the outdoor storage area will be located on the pavement, loading dack or trailers along ��e east side of the �roperty, and wilI not be located on the 21' by 19' space at the no�rth end of the trailers or elsewhere, however, the dnrnpste�r may be moved to this area.� To reduce the likelihood that open areas outside the lawfizl outdoor s�orage area, parking area, and d�iving or turnaround areas are inadvertently used for the purpose of outdoor storage, those apen areas outside of the areas designated in the site plan for ontdoor starage, parking or driving or turnaround areas shall be landscapea with black din and then seeded vvith grass that becomes established, is then cut regularly and otherwise maintained. 2. Other azeas ai the property will not be used for outdoor storage unless the property owner or ovvners have first corne into full comptiance with those portions of the state and local law then in ef%ct that regulate outdaor-storage-related activities, including but not �imited to curbing requirements, paving requirements, drainage reqnirerrzents, and storm water management requirem.ents. 3. As depicted on the attached site glan, the outdaor storage area is limit to a side oz' rear yaz-d. 4. The materials and equipment kept in the designated outdoor storage area znust be fully screened so as to not be visible fram any of the public rights-of-way adjacent to the site, or from eiiher of the commercial ases ad�acent Ea �he site. Satisfaction of this condition vvill require the addition ai opaque screening that encompasses the north, east and west sides of the outdoor storage area, includ"zng on the gate ar gates. 5. Screening of the outdoor storage area shall be achieved through a combination of masanry walls, fencing, berming, ar Iandscaping in accordance with Fridley City Code § 105.17.06.G.(1){a). Compiiance with canditions 4 and 5 rnay be achieved through either { 1) installa.tion and maintenance of a comhination of slatting from top to bottom of chain-link fencing and gates and Englerr�an I�y planted along the fencing every two feet on center, or (2) installation ana maintenance on all fencing and gating suz�aces of 9a percent black privacy screening material. For purposes of this provision, "maintenance" includes repIacement of broken or deteriorated slats or other materials, care of all ivy plants and replacEment Chrough rep�anting of any aiseased or dead ivy plants_ 6. Materials and equipment stored o�tside must not exceed 12 feet in height. 7. If any of the trailers currently used for outdoor storage are mo�ed or replaced, the groperty owners shail then be required to pave the area beneath the trailers and extend the curbing to the entire east side and the entire north side of the outdoor storage area as depicted on the attached site p�an. In the interim, the property owners must install or keep a solid wood floor in each such trailer. S. This permit does not authazize the outdoor starage oi semi-trucks, senu-trail�rs, or heavy construction equipment. This condition does not prohibit the use of up to tl�ree units for the outdoor storage of parts so Iong as those units are within the area perrnitted for outdoor storage, and tI�eir height does not exceed the 12-foot requirement of conditian 6 (above). 9. Hazardous chemicals and rnaterials may not be stored outszde. I0. Except as otherwise specified above, Pe�itioners must fully camply with these requirennents no later than 7une 1, 2008_ Adopted by the City Ca�ncil of the City af Fridley this _'� day of , 2008. ScotC Lund, Mayor 2 ATTFST: Dr. William Burns, City Manager P.1A[[omeyLSA55l Climt I"ikslSi�ClvftaslSUPreIsxm.u�n: (Er A[o Set[kmznt A�cc�rot) (mrir�edxle�n.DOC N � r V] a w � Q � H ou � � � M � .._-...........'-'._......._._..»._._._._._.......�....._.�......_...... ' - . . . . . . . . . . . . . . .� ..............� --.... - . . . . . . � - . . . . . : .."-".-.....:'-'�--"-""-..... . . . . , , - ..._....."-°--..^'_•'.-' ' . . . . . ' . • . ' . � � . • . • . . . . . . _ . . " � ' � • • • C � � . _ . . . � . • � . � . � . � . w'.. � . ' . ' • , af `� . � . ' • ' • ' • ' � • ' • ' � • � � N . : • ; : : � : : � � : : : : . : � m . . . . . . . . . •Q . . . . . . . . , �' M... ... r � , � ' . � � . • . . - . . . � • •.... ...-•• ...: � ¢ � •..�., '� � `� � `� � _ . . � . 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' • . •� '• • . �• Y • , .� .. � '.• . .' . . � ,' •,. � •�!- . .' .: ::.:.... ..:..... :: '� ' �" -� ^ • " ' �'�' � - ' ' - �• '. .� .. .. r I/30/08 City of Fridley Apptication for speciat use permit for outdaor storage c 0 � Lawrance Properties and its tenants, Signcrafters, The Auto Body S6op, and Albrecht , Sign Company ar+e requesting a special use permit to continne the use of the ovtcloar storage at '7765-7775 Main Street NE. lfiis storage would be limited to the paved areas, loading dock and enclosed trailers along the east side of the property. We also propose to repair the damaged fen+cing and instaU:proper screening on the north side of the property. The attached site plan d�iails all existing conditions and indicates exact�y where all items will be stored on the pro�erey. The totai at�tdoor storage wiU not exceed 399I square feet as noted on the site pla� labeled p�roposed:. Si ely M' e Iawrance . ?775 MAIN STREET MINNEAP�LIS, MN 55432 " (7b3) 571-2995p (763) 571-3588f E-1VIai1: ��y� � �� - www.scou or.cam s€ a r 0 0 0 n D T Z p � � � m 1 O O e �9 � es� s� " �' es� � � ,o �: ��,�,�� y'�-- � '� -ac - ----�,�� -- — sq�g� �` ----aa � r �`�m � , �� -°`� a.� e '�- "�, ---- �- 9 %1 �� `� �� <Oa ' � i' I �� I m��e i'��smol��1� '�.• �' {I' I � I m z � o "' - i _ ��n zm o°, � m X p3� �`o 3 ;n �o d�q <n ". � �o ��+ JJz u�� n & � -- - m "=�'.�' ' < � �� z � 3 j 3 : $ xxv.�i�� $ D � � k � o� 1 A A IA I ^r^L7��T � �° IVIl111 V .: I I\LL I `O �- s�sb° �$m p y9 YYA9yVn �� SE: .3 L� =f° s �� 3a � Z $+� _ �§s :$Q F fi� � aaGg4 ° $' #£$ } 7m.1 e� �8x;8 �� e° Y$;:� �•A �N9° e D r ^ g9"S3 �' � a„ z3. � 4< � z a 18 �� g9 e�° ? a3 s �$ �`g ! m ' i "s ,g j3 ; a � i t � ��a' R'8 � [n A j'n ei � �„ � c � ga 8 e �: i: 'e � ' :s ` ss a� � Y' e: ae � n a s � �n �� s� 3 S ee � _ '; �_ � as s i3 "� � �� L� � �� .a� � � �s �� "�9 s o ffi� H9 ��. -8 �: a O _ a H c � W �� q�� --_ ' D m Z N o? � �DO � IM _ m � � � i a D ; � o o �';� �� a O � m pl ,.'".� D D � - 0 3`° w 2 � � C�-' � Vi j I j m �' A ' "3�� m �' - q� j �¢�o a / -9�� I� / I' , �-. � _ � __ _� , �_�� - �� a ��e e� ,��G �L90 �3 0 �`90 < � ��e 4- a-- f _ Qa �' � gss� �-- —�----- r m � � r � m � c> A � O y n m i 2 G � ii 0 m H 2008 CITY OF FRIDLEY COMMISSION TERMS Term Present Members Ex ires Appointee PLANNING COMMISSION (Chapter 6) (7 Members - 3 Year Term) GENERAL Diane Savage 4-1-09 CHAIR VICE-CHAIR CHAIR David Kondrick 4-1-09 PARKS & REC. CHAIR Jack Velin 4-1-08 ENVIRON. QUALITY CHAIR Brad Sielaff 4-1-09 APPEALS COMM. AT LARGE LeRoy Oquist 4-1-10 AT LARGE Dean Saba 4-1-10 AT LARGE Brad Dunham 4-1-08 APPEALS COMMISSION (Chapter 6)(5 Members - 3 Year Term) CHAIR Brad Sielaff 4-1-09 Blaine Jones 4-1-10 Matthew Brown 4-1-09 VACANT 4-1-08 Kenneth Vos 4-1-08 ENVIRONMENTAL QUALITY (Chapter 6) (7 Members — 3 Year Term) AND ENERGY COMMISSION CHAIR Jack Velin 4-1-08 VICE- Del Jenkins 4-1-10 CHAIR Richard Svanda 4-1-09 Martina Nelson 4-1-09 Paul Westby 4-1-10 Barbara Johns 4-1-10 Anne Andrews 4-1-08 Term Present Members Ex ires Appointee PARKS AND RECREATION COMMISSION (Chapter 6) (5 Members-3 Yr. Term) CHAIR David Kondrick 4-1-09 CHAIR VICE- CHAIR Marcy Sibell Tim Solberg Michael Heintz Michele Barrett 4-1-09 4-1-10 4-1-10 4-1-08 HOUSING AND REDEVELOPMENT AUTHORITY (5 Members - 5 Year Term) Larry Commers 6-9-09 Pat Gabel 6-9-08 John E. Meyer 6-9-11 Steve Billings Wlliam Holm 6-9-10 6-9-12 � AGENDA ITEM � COUNCIL MEETING OF MARCH 24, 2008 �ffY �F FRIDLEY CLAIMS 135971 - 136135 ` + r � � CffY QF FRIDLEY Name Maria Fitz r �.�_ . �� AGENDA ITEM CITY COUNCIL MEETING OF MARCH 24, 2008 Position Permit Technician Non-exempt Appointment Starting Salarv $19.50 per hour Starting Date Ma'r. 31, 2008 Replaces Kristina Beckfeld � AGENDA ITEM � CITY COUNCIL MEETING OF MARCH 24, 2008 ��F LICENSES FRIDLEY Contractor T e A licant A roved B Air Co s, LLC Gas/HVAC Ma Kottman Ron Julkowski, CBO Alan Johnson Commercial/S ecialt Alan Johnson Ron Julkowski, CBO As halt Drivewa Co Blackto Contractor Scott Smith Ron Julkowski, CBO McDowall Com an Heatin Arnold Din man Ron Julkowski, CBO � AGENDA ITEM � CITY COUNCIL MEETING OF MARCH 24, 2008 � �F ESTI MATES FRIDLEY Forest Lake Contracting 14777 Lake Drive Forest Lake, MN 55025 2007-1 Street Improvement Project Estimate No. 10 ............................................................................................ $228,228.42 � � CffY OF FRIDLEI' TO: FROM: DATE: SUBJECT AGENDA ITEM CITY COUNCIL MEETING OF MARCH 24, 2008 William W. Burns, City Manager James P. Kosluchar, Public Works Director Layne Otteson, Assistant Public Works Director March 24, 2008 Award of ST2008 - 1 Street Improvement Project PW08-012 On Thursday, March 11, 2008, at 2:00 pm, bids were opened for the 2008 Street Improvement Project. Twenty five sets of plans and specifications were sent out and nine bids were received. A slow-down in the construction industry has led to a very competitive bidding climate for this season. In addition, during design Engineering staff recognized opportunities for cost savings. Design adjustments were made to reduce costs such as reducing street excavation quantities and minimizing storm sewer requirements. The low bid was received from Midwest Asphalt Corporation, Inc. of Minnetonka, MN, in the amount of $2,359,572.21. The high bid received was $3,139,761.36. The most recent cost estimate performed by Engineering was $2.9 million. Refer to the attached summary sheet for a breakdown of costs and funding sources, which also compares the preliminary budget to the revised budget. Approximately $325,000 will be available from the City's annual State Aid population allocation for off-system use to offset the street improvement costs. An increase in assessment revenue of approximately $150,000 is projected due to the amount of commercial property on the project. Project costs such as surveying, design assistance, and material testing will increase the total project cost an estimated $103,000. At the conclusion of the project, it is anticipated that the project will require approximately $1,250,000.00 to paid through 2008 Street Reconstruction General Obligation bonds. This includes a contingency for budget changes such as assessment adjustments and change orders. Recommend the City Council receive the bids and award the 2008 Street Improvement Project No. ST. 2008 - 1, to Midwest Asphalt Corporation, Inc. of Minnetonka, MN in the amount of $2, 359, 572.21. LO/J P K: Attachments BID FOR PROPOSALS 200� STREET IMPROVEMENT PROJECT NO. ST 2008 - 1 MARCH 14, 2008, 2�00 P.M. ' PLANHC?LDER BID BdND BID ADDENDUM ' Midwest Asphalt, Inc. Travelers �2,359,572.21 Acknowledge 5929 Baker Road, Suite 420 1&2 Minnetonka, MN 55345 Astech Asphalt Technologies Co. EMC Insurance �2,559.659.80 Acknowledge PO Box 1025 1 &2 St. Cloud, MN 56302 Park Construction Co. Western $2,609,202.32 Acknowledge 500 73�d Avenue, NE, Suite 123 1&2 Fridley, MN 55432 C.S. McCrossan Construction Travelers $2,616,955.55 Acknowledge 7865 Jefferson Hwy; Box 1240 1&2 Maple Grove, MN 55311 Palda & Sons, Inc. Western Acknowledge 1462 Dayton Avenue $2,659,528.18 1 &2 St. Paul, MN 55104 Forest Lake Contracting, Inc. Western $2,680,449.60 Acknowledge 14777 Lake Drive 1 &2 Forest Lake, MN 55025 Hardrives, Inc. Western $2,723,121.33 Acknowledge 14475 Quiram Drive 1 &23 Rogers, MN 55374 Northwest Asphalt, Inc. Western $2,776,129.80 Acknowledge 1451 Stagecoach Road 1 &2 Shakopee, MN 55379 Veit & Complany Western $3,139,761.36 Acknowledge 14000 Veit Place 1 &2 Rogers, MN 55374 Bituminous Roadways NO BID Acknowledge 2825 Cedar Ave. South 1&2 Minneapolis, MN 55407 Midwest Concrete Specialties NO BID Acknowledge 13700 Chippendale Ave. 1 &2 Rosemount, MN 55068 Bjorklund Companies NO BID Acknowledge 27072 Polk Street NE 1&2 Isanti, MN 55040 Creative Curb 64358 375th Street NO BID Acknowledge 1&2 Watkins, MN 55389 Final Touch Excavating NO BID Acknowledge 18530 Ulysses St. NE 1&2&3 East Bethel, MN 55011 FPI Paving Contractors, Inc. NO BID Acknowledge 3230 Rice Street 1 &2&3 St. Paul, MN 55126 Geyer Signal of St. Cloud, Inc. 4205 Roosevelt Rd. NO BID Acknowledge 1&2&3 St. Cloud MN 56301 Highway Technologies 4700 Lyndale Ave. North NO BID Acknowledge 1&2&3 Minneapolis, MN 55430 United Rentals-Highway Tech #229 NO BID Acknowledge 4700 Lyndale Avenue North 1&2&3 Minneapolis, MN 55430 Fahner Asphalt Sealers, LLC NO BID Acknowledge P. O. Box 659 1&2&3 Eau Claire, WI North Country Concrete 7040 143�d Ave NW Ramsey, MN 55303 North Pine Aggregate, Inc. 14551 Lake Drive Forest Lake, MN 55025 North Valley 2015 Iguana Street NW, Suite 100 Nowthen, MN 55330 Safety Signs 19784 Kenrick Avenue Rosemount, MN 55068 Standard Sidewalk PO Box 49504 Blaine, MN 55449 Thomas and Sons 13925 Northdale Blvd Rogers, MN 55374 Pro�osed Contract Award Bid Costs The preliminary estimated cost (per the feasibility report) for the entire project and the revised project costs reflecting changes per the bids received are as follows: Component Street Reconstruction Sanitary Sewer Repairs Storm Sewer Extensions/Stormwater Mgmt Water Main & Fire Hydrant Repair/Relocates Community Park Ballfields 11/15/07 Bud�eted Cost $ 2,933,000.00 $ 30,000.00 $ 417,000.00 $ 100,000.00 $ 75,000.00 CenterPoint Energy Pipe Removals Surveying, Material Testing, Design[1] $ 103,000.00 TOTAL $ 3,658,000.00 [1] Construction Surveying and Engineering costs are estimated Funding Sources Similarly, the funding sources are updated as follows: Fundin� Source Special Assessments Street Capital Improvement Fund MSAS Funds Sanitary Sewer Fund Storm Sewer Fund Water Fund Park Fund CenterPoint Energy Reimbursement TOTAL 11/15/07 Fundin� Source $ 600,000.00 $ 2,311,000.00 $ $ $ $ $ $ $ $ Bid Cost 2,084,091.84 40,479.73 90,174.88 48,775.76 72,140.00 23,910.00 103,000.00 2,462,572.21 3/24/08 Revised Fundin� $ 750,000.00 $ 1,112,091.84 $ 325,000.00 $ 325,000.00 $ 30,000.00 $ 40,479.73 $ 217,000.00 $ 90,174.88 $ 100,000.00 $ 48,775.76 $ 75,000.00 $ 72,140.00 $ - $ 23,910.00 $ 3,658,000.00 $ 2,462,572.21 � AGENDA ITEM � CITY COUNCIL MEETING OF MARCH 24, 2008 �ffY �F FRIDLEY INFORMAL STATUS REPORTS