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05/05/2008 - 6159. ,. _ � � � CffY OF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF MARCH 10, 2008 7:30 p.m. - City Council Chambers Attendance Sheet ALFASF AR/NT NAMF, ADflRFSS ANU /TFM NUMBFR YOU ARF /N7'FRFSTFD /M. Print Name (Clearlp) Address Item; Na. � - �� C. � � �, _ . ' �-�� .1�� . �. �� .�1/i � . r ,,,, FRIDLEY CITY COUNCIL MEETING OF MAY 5, 2008 � C�JIYUF �� 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) ��,U� �� v�-Uv��..� PLEDGE OF ALLEGIANCE. n`�' �� PUBLIC HEARINGS: {� 61 2 P� I/-t�} ( N- C) � 35 t�aset�f PROCLAMATIONS: National Police Week: May 12-18, 2008 Peace Officers Memorial Day: May 15, 2008 Public Works Week: May 19-25, 2008 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: � �' � �J / �5 � Receive the Minutes of the Planning Commission Meeting of April 16, 2008 ................ 1- 5 Resolution Approving Special Legislation (2008 Fridley Northstar Transit TIF Bill) ................................. 6 - 8 3. Claims ....... 4. Licenses ....... ADOPTION OF AGENDA. �7 .. 10 - 11 f��% �S�/�5/-�- 5. Consider an Ordinance under Section 12.06 of the City Charter Declaring Certain Real Estate to be Surplus and Authorizing the Sale Thereof, Generally Located on Springbrook Creek near the Intersection of Broad Avenue and 79th Way (Continued April 28, 2008) .................................. 12 - 13..��- LC7 ✓1 f i fi� `�i�. yv��(�� -P�'v,fir�S �� q�-t l o w {� q�vt fi�-F- ��31�.S�i4Sf'�— � 6. Consider Revocation of Special Use Permit, SP #06-08, for Fridley Shop and Stop, to Operate a Service Station with Fuel Sales in a C-2, General Business Zoning District, Generally Located at 6071 University Avenue NE (Vl/ard 1) (Continued February 25, � J� �/ 2008) , ...................... ........... 14 � : � D 2e_ ✓vi.�vv--� � w� -� (o � �F C;v v� ki wu...�.. -f -r� (o ( 2 3( U S' <c, K-[ � fis�►�c�I��- OLD BUSINESS: 7. Resolution Revoking Special Use Permit, SP #06-08, for Fridley Shop and Stop, to Operate a Service Station with Fuel Sales in a C-2, General Business Zoning District, Generally Located at 6071 University Avenue NE (V11ard 1) (Tabled February 25, 2008) ................... ............... 15 - 17 —�-a e � -t� � ( z 3 %o� cc �-c -E-� . �-�-5/��>� �+ NEW BUSINESS: 8. Resolution Receiving the Feasibility Report, Ordering Preparation of Plans and Calling for a Public Hearing on the Matter of Construction of Certain Improvements: Gardena Avenue Rehabilitation Project No. ST 2008-2 18 - 27 �� P�-�- c��Il2 B �ia � ;� 9. Informal Status Reports OPEN FORUM (VISITORS): Consideration of Items not on Agenda — 15 Minutes ADJOURN. � � �� 28 �''<- �3 / o v / �I �,�-. � � CffY OF FRIaLEi' CITY COUNCIL MEETING OF MAY 5, 2008 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. PROCLAMATIONS: National Police Week: May 12-18, 2008 Peace Officers Memorial Day: May 15, 2008 Public Works Week: May 19-25, 2008 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: 1 �� Receive the Minutes of the Planning Commission Meeting of April 16, 2008 ............................................................................ 1- 5 Resolution Approving Special Legislation (2008 Fridley Northstar Transit TIF Bill) ...................................................... 6- 8 3. Claims ................................................................................................... 9 FRIDLEY CITY COUNCIL MEETING OF MAY 5, 2008 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: 4. Licenses ................................................................................................... 10 - 11 ADOPTION OF AGENDA. OPEN FORUM (VISITORS): Consideration of Items not on Agenda — 15 Minutes PUBLIC HEARINGS: 5. Consider an Ordinance under Section 12.06 of the City Charter Declaring Certain Real Estate to be Surplus and Authorizing the Sale Thereof, Generally Located on Springbrook Creek near the Intersection of Broad Avenue and 79t" Way (Continued April 28, 2008) ............................................................................................. 12 - 13 6. Consider Revocation of Special Use Permit, SP #06-08, for Fridley Shop and Stop, to Operate a Service Station with Fuel Sales in a C-2, General Business Zoning District, Generally Located at 6071 University Avenue NE (Ward 1) (Continued February 25, 2008) ...................................................... 14 OLD BUSINESS: 7. Resolution Revoking Special Use Permit, SP #06-08, for Fridley Shop and Stop, to Operate a Service Station with Fuel Sales in a C-2, General Business Zoning District, Generally Located at 6071 University Avenue NE (Ward 1) (Tabled February 25, 2008) ................................................................................................... 15 - 17 FRIDLEY CITY COUNCIL MEETING OF MAY 5, 2008 PAGE 3 NEW BUSINESS: 8. Resolution Receiving the Feasibility Report, Ordering Preparation of Plans and Calling for a Public Hearing on the Matter of Construction of Certain Improvements: Gardena Avenue Rehabilitation Project No. ST 2008-2 ............................................................ 18 - 27 9. Informal Status Reports ................................................................................ 28 ADJOURN. �� i i � t NATIONAL POLICE WEEK: May 1Z-18, Zoo8 �� PEACE OFFICERS MEMORIAL DAY: May 1s, Zoo8 WHEREAS, Congress and the President of the United States have designated May 1 S as Peace Offzcers Memorial Day, and the week in which May 1 S falls as National Police Week,� and WHEREAS, Fridley's police officers plan an essential role in safeguarding the rights and freedoms of the citizens ofFridley; and WHEREAS, the men and women of the Fridley Police Department provide a vital public service every hour of every day; and WHEREAS, it is important that all citizens know and understand the hazards and sacrifices of peace officers; and WHEREAS, during 2007, one Minnesota peace offzcer gave his life while serving the people of our great state; and WHEREAS, 191 American law enforcement officers were killed in 2007; and WHEREAS, there are an average of 57,558 assaults on peace officers resulting in 16,219 injuries every year; NOW, THEREFORE, BE IT RESOLVED, that I, Scott J. Luna', Mayor of the City of Fridley, hereby proclaim May 12 through 18, 2008, as National Police Week, and that it be a time of reflection upon the service and sacrifice of our peace officer; both past and present. BE IT FURTHER RESOLVED, that I hereby proclaim Thursday, May 1 S, 2008, as Peace Officers Memorial Day in the City of Fridley and call upon all citizens to display their flags at half staff throughout the day, in honor of our Nation's fallen offzcers. IN WITNESS WHEREOF, I have set my hand and caused the seal of the City of Fridley to be affixed this S"' day ofMay, 2008. Scott J. Lund, Mayor % / .!� < <��/L./.1 � .! LI PUBLIC WORKS WEEK May Iq - ZS, Zoo8 WHEREAS, public works services provided in our community are an integral part of the every day lives of our citizens; and, WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation of public works systems and programs such as water; sewers, streets and highways, public buildings, and snow removal; and WHEREAS, the health, safety and comfort of this community greatly depends on these facilities and services; and, WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design, maintenance, and construction are vitally dependent upon the efforts and skills of Public Works personnel; and WHEREAS, the efficiency of the qualifzed and dedicatedpersonnel who staffpublic works departments is materially influenced by the people's attitude and understanding of the importance of the work they perform. NOW, THEREFORE, BE IT RESOLVED, that I, Scott J. Luna', Mayor of the City of Fridley, hereby proclaim May 19 through 25, 2008, as: PUBLIC WORKS WEEK in the City of Fridley, and call upon all citizens and civic organizations to acquaint themselves with the problems involved inprovidingpublic works services, and to recognize the contributions the City's Public Works Department personnel make every day to our health, safety, comfort and quality of life. IN WITNESS WHEREOF, I have set my hand and caused the seal of the City of Fridley to be affixed this S"' day ofMay, 2008. Scott J. Lund, Mayor PLANNING COMMISSION MEETING April 16, 2008 Chairperson Savage called the Planning Commission Meeting to order at 7:38 p.m. MEMBERS PRESENT: Dean Saba, Diane Savage, Brad Sielaff , Jack Velin, Brad Dunham, David Kondrick, and Leroy Oquist OTHERS PRESENT: Stacy Stromberg, City Planner APPROVAL OF PLANNING COMMISSION MEETING MINUTES: Apri12, 2008 MOTION by Commissioner Saba 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 HEARING Consideration of a Special Use Permit, SP #08-06, by Joe Papa, on behalf of Hitching Post Real Estate, LLC, to allow a repair garage (service use) for the motorcycles and recreational vehicles that are sold as part of the business, generally located at 7651 Highway 65 NE. MOTION by Commissioner Kondrick 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 7:40 P.M. Stacy Stromberg, City Planner, the petitioner is seeking a special use permit to allow for a repair garage within the existing building (service use) for the motorcycles and recreational vehicles that are sold as part of the Hitching Post Motorsports business which is located at 7651 Hwy 65 NE. Ms. Stromberg, stated the subject property is zoned C-3, General Business, and is located on the Highway 65 Service Drive, south of Osborne Road. The existing building was constructed in 1998 as a restaurant with indoor volleyball courts. The property remained as a restaurant with volleyball courts until 2005 when the Hitching Post purchased the property. Recently City staff discovered there were several recreational 1 vehicles being stored in a fenced in area north of the existing building. After discussions with the petitioner, it was determined this area is primarily used for customers to drop off their recreational vehicles while they were waiting to be serviced. Once the vehicles are serviced, then the customers typically picks them up. The petitioner has also articulated that this area is used to store seasonal Jet Ski's that the Hitching Post has winterized for their customers. Ms. Stromberg stated the City Code allow repair garages as a permitted special use in the C-3, General Shopping zoning district. Repair garages are defined as a place where major repair of motor vehicles is conducted, including engine rebuilding or reconditioning. Though this business does not repair motor vehicles, it repairs recreational vehicles which are similar enough to allow the use through a special use permit. Ms. Stromberg stated as a result of this special use permit request, staff took a field trip to analyze what other communities require for similar type uses. Though Fridley has a few small businesses that sell recreational vehicles, there is not one that is that close of a comparison. Tousley Motorsports in Gem Lake would be considered a close comparison as it is a similar type business in that it has a service/repair/storage business that is associated with their retail sales of recreational vehicles. In order to mitigate any negative impacts that may occur as a result of the storage area on the particular site, staff is recommending that the petitioner screen the area in a similar fashion as Tousley Motorsports has at their location in Gem Lake. Ms. Stromberg showed a picture of the screened-in area at Tousley Motorsports. There is a screened fence that already exists on the subject property with a gate which will be required to be screened so the vehicles cannot be seen from the public right-of-way. Ms. Stromberg stated the Hitching Post does have enough parking to meets its required parking located to the west of the subject building. Due to the fact that this parking is not going to be used for storage, it is not hindering the ability for customers to park outside of the building. Ms. Stromberg stated the commercial zoning code requires that all materials and commercial equipment stored outside is screened so as to not be viewed from the public right-of-way or neighboring properties of different zonings. By requiring the Hitching Post to screen their outdoor service area, they will be meeting City Code requirements. Similar examples of Fridley properties that received special use permit approvals for a use that allowed them to have an outdoor use or storage area are Chopper City Sports located just south of this property, Wal-Mart, and Menards. In the cases of Wal-Mart and Menards, those businesses were required to build screening walls that were architecturally compatible with their existing buildings to ensure proper screening. Ms. Stromberg stated staff recommends approval of the special use permit request with stipulations as repair garages are a permitted special use in the C-3 zoning district. Staff recommends that if the special use permit is granted, the following stipulations be attached: � 1. Fenced-in area shall be screened in order to comply with code requirements by December 31, 2008. Gate shall also be screened and remain closed, except when being used for access to the yard, to ensure proper screening. 2. Site shall remain free of debris, vehicle parts, and junk (inoperable) motor vehicles, motorcycles and recreational vehicles. 3. Items in the outdoor storage area shall not exceed the height of the fence. 4. Refuse container shall be screened and located in the side or rear yard. 5. Fence material shall be reviewed and approved by City staff prior to installation. Chairperson Savage asked the petitioner if he had any problem with the stipulations including the screening which has to be obviously more than a chain link fence and not visible to the outside? Joe Papa, General Manager of Hitching Post, stated he know he needs to do it. His only question is what sides of the storage area would need to be screened? They have owned the property for two years. Ms. Stromberg replied the west side and the north side of the storage area would be required to be screened. Mr. Papa stated but it was not like that in the past. Ms. Stromberg replied, correct, however it was not used as a storage area by the previous owner. Chairperson Savage asked Mr. Papa whether he understands that the screening requirement is part of the Fridley Code? She asked whether he had any idea what kind of material will be compatible with the building? Mr. Papa replied he assumes it would be a vinyl. Commissioner Kondrick asked regarding the petitioner was planning to refabricating the chain link fence to shield the view from the public right-of-way or would they be constructing a solid wall that would be similar to the existing building? Ms. Stromberg replied, the City is telling the petitioner that they have to build a mansory wall that is compatible with the existing building like they did in the cases of Menards and Wal-Mart. However, the petitioner will have to decide if they'd like to install slats within the existing fence or slats with some type of landscaping around the front. In the example from Tousely Motor Sports, they have a chain link fence and it has vinyl fencing over that. It is up to the petitioner as to what he would like to see and what he would like to do. The last stipulation, however; is that staff would approve it before installation. 3 Commissioner Oquist stated he read about a repair garage. Are they going to build a garage? Mr. Papa replied, no, they do the repairs inside the building itself. It holds a service bay. Ms. Stromberg stated the Code specifically states that repair garages are allowed in this district with a special use permit. This category best describes the use proposed. So basically it is just a service use within the existing building, which is categorized as a repair garage due to the language in the City code. Chairperson Savage asked whether there have been any complaints from the public? Ms. Stromberg replied, no. MOTION by Commissioner Saba to close the public hearing. Seconded by Commissioner Kondrick. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE HEARING CLOSED AT 7:50 P.M. Commissioner Saba stated he did not have any problem with this. Chairperson Savage stated she agrees. Commissioner Kondrick stated he drove by there and he did not see any problem with it at all. MOTION by Commissioner Kondrick approving Special Use Permit, SP #08-06, by Joe Papa, on behalf of Hitching Post Real Estate, LLC, to allow a repair garage (service use) for the motorcycles and recreational vehicles that are sold as part of the business, generally located at 7651 Highway 65 NE with the following stipulations: 1. Fenced-in area shall be screened in order to comply with code requirements by December 31, 2008. Gate shall also be screened and remain closed, except when being used for access to the yard, to ensure proper screening. 2. Site shall remain free of debris, vehicle parts, and junk (inoperable) motor vehicles, motorcycles and recreational vehicles. 3. Items in the outdoor storage area shall not exceed the height of the fence. 4. Refuse container shall be screened and located in the side or rear yard. 5. Fence material shall be reviewed and approved by City staff prior to installation. Seconded by Commissioner Saba. � UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. Receive the Minutes of the March 3, 2008, Parks & Recreation Commission Meeting. MOTION by Commissioner Kondrick to receive the Minutes. Seconded by Commissioner Oquist. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. Receive the Minutes of the March 6, 2008, Housing and 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 stated the next meeting is May 7 and starting in May all our meetings will begin at 7 p.m. ADJOURN MOTION by Commissioner Kondrick adjourning the meeting. Seconded by Commissioner Velin. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNAMOUSLY AND THE MEETING ADJOURNED AT 7:53 P.M. Respectfully submitted, Denise M. Johnson Recording Secretary E � AGENDA ITEM � CITY COUNCIL MEETING OF MAY 5, 2008 �ff1' 4F FRIULE7` To: William Burns, City Manager From: Paul Bolin, HRA Assistant Director Date: Apri130, 2008 Re: Enactment of Special Legislation — 2008 Fridley Northstar Transit TIF Bill During its 2008 regular session, the Minnesota Legislature adopted the attached special legislation to assist with the City of Fridley's Northstar Transit Station project. This legislation is only effective upon adoption of an approval resolution by the City Council, a copy of which is attached hereto. Upon execution of the resolution, staff will make the filing with the Secretary of State. In essence, this special legislation allows the City to create a"Northstar Transit TIF District" to aid in development of the station and redevelopment of the surrounding area. Another key piece to this legislation is the fact that it allows the City to transfer funds from the soon to expire TIF Districts 11, 12, & 13 for Northstar related expenses. These three TIF districts currently have a cash balance of $900,000 and will generate an additional $1.8M that can be spent in the Northstar proj ect area. Below is a brief synopsis of the special legislation approved: provides for the creation of a redevelopment tax increment district, referred to as the Northstar Transit Station District 2. the requirements for qualifying a redevelopment tax increment district do not apply to the Northstar Transit Station District tax increments generated from Districts Nos. 11, 12 and 13 may be pooled and expended for land acquisition and other Northstar expenses Staff recommends Council approve the attached resolution. Adoption of the attached resolution will make the special legislation effective immediately, and the funds from TIF Districts 11, 12, & 13 can be transferred for the land acquisition. RESOLUTION NO. 2008- A RESOLUTION APPROVING SPECIAL LEGISLATION BE IT RESOLVED by the City Council (the "Council") of the City of Fridley, Minnesota (the "City"), as follows: WHEREAS, Laws of Minnesota 2008, Chapter 154, Article 9, Section 23 (the "Special Law") was enacted by the Legislature of the State of Minnesota and signed into law by Governor Timothy Pawlenty on March 7, 2008 and relates to special rules governing the use of tax increment financing by the City within a designated area of the City. WHEREAS, the Special Law is effective upon approval by the governing body of the City and upon compliance by the City with Minnesota Statutes, Section 645.021, Subdivision 3. WHEREAS, Minnesota Statutes, Section 645.021, Subdivision 3, requires thatupon approval of the Special Law by the City, that the City file a certificate of approval, as proscribed by the attorney general, and a copy of its resolution of approval with the Secretary of State prior to the first day of the ne� regular session of the Legislature. 2009. WHEREAS, the first day of the next regular session of the Legislature is Tuesday, 7anuary 6, NOW, THEREFORE, BE IT RESOLVED by the Council of the City as follows: 1. The Special Law is hereby approved. 2. The City Clerk is hereby directed to file a certificate of approval and a certified copy of the City's resolution of approval with the Secretary of State prior to the first day of the ne�t regular session of the Legislature. 3. The Special Law is effective upon compliance with the above requirements. PASSED AND ADOPTED BY THE COUNCIL OF THE CITY THIS DAY OF , 2008. SCOTT J. LUND - MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK CERTIFICATION I, Debra A. Skogen, the duly qualified Clerk of the City of Fridley, County of Anoka, Mimlesota, hereby certify that the foregoing is a true and correct copy of Resolution No. passed by the City Council on the day of . 2008. I�] � I.3 .7e�:� :� i Zf f� I� Q f J � r Y f J I l� I.�:� CERTIFICATE OF APPROVAL OF SPECIAL LAW BY GOVERNING BODY (Pursuant to Minnesota Statutes, 645.021) STATE OF MINNESOTA County of Anoka TO THE SECRETARY OF STATE OF MINNESOTA: PLEASE TAKE NOTICE, that the undersigned City Clerk of the City of Fridley, Minnesota DOES HEREBY CERTIFY, that in compliance with the provisions of Laws, 2003, Chapter 21, Article 10, Section 10 requiring approval by a majority* of the governing body of said local governmental unit before it becomes effective, the City Council at a meeting duly held on the Sth day of May, 2008, by resolution No. 2008- did approve said Laws, 2008, Chapter 154, Article 9, Section 23 by a majority* vote of all of the members thereof (Ayes _; Noes _; Absent or not voting _) and the following additional steps, if any required by statute or charter were taken: A copy of the City resolution is hereto annexed and made a part of this certificate by reference. Debra A. Skogen, Fridley City Clerk � AGENDA ITEM � COUNCIL MEETING OF MAY 5, 2008 �ffY �F FRIDLEY CLAIMS 136540 -136644 � AGENDA ITEM � CITY COUNCIL MEETING OF MAY 5, 2008 ��F LICENSES FRIDLEY Type of License Applicant Approved By: MASSAGE THERAPY Tae Briski Police De artment FOOD, TOBACCO & GAS Fridle Gas & Sho Communit Develo ment Abdi Mahamud Jama Fire Inspector Police De artment TEMPORARYFOOD SALES Fridle 49'er Da s Fire De artment Peter Borman Police De artment Plannin Assistant MZISICFESTIVAL/PUBLIC Fridle 49'er Da s Fire De artment DANCE Peter Borman Communit Develo ment Fire Inspector Public Safet Chi Poker TournamentLLP Chi Poker Tournament Police De artment Jerome Gloe Rec clin & Solid Waste WTI — WASTE TECHNOLOG Rec clin Coordinator INC Police De artment � AGENDA ITEM � CITY COUNCIL MEETING OF MAY 5, 2008 ��F LICENSES FRIDLEY Contractor T e A licant A roved B Dave's Heatin , Air and Electric Heatin Dave Roberts Ron Julkowski, CBO Elias Plumbin Gas Marlon Elias Ron Julkowski, CBO FCA Construction Co LLC Commercial/S ecialt Martin Aschenbrener Ron Julkowski, CBO MWJ Heatin & Coolin LLC Heatin Mark Johnson Ron Julkowski, CBO Neiderquill Contracting Inc Commercial/Specialty Mark Neiderquill Ron Julkowski, CBO R an Com anies US, Inc. Commercial/S ecial Ma E. Wawro Ron Julkowski, CBO Wenzel Heating & Air Heating Gregory L. Preusse Ron Julkowski, CBO Conditionin White Bear Mechanical Heatin Dave Reiland Ron Julkowski, CBO Yale Mechanical Gas Jennifer Martindale Ron Julkowski, CBO Yale Mechanical Heatin Jennifer Martindale Ron Julkowski, CBO � � �ffY �F FRIDLEY Date: To: From: Subj ect: AGENDA ITEM CITY COUNCIL MEETING OF MAY 5, 2008 May 1, 2008 William Burns, City Manager Scott Hickok, Community Development Director Julie Jones, Planning Manager Public Hearing on an Ordinance Declaring Certain Property along Springbrook Creek Surplus and Authorizing the Sale Thereof Background At their last meeting, the City Council passed a motion to continue the public hearing regarding the attached ordinance until their May 5 meeting. The purpose of the delay was to conduct a mailing to all property owners within 350' of the five vacant lots in question. This would allow the City to inform the neighborhood of the impending land sale and also offer assurance that there were no other parties interested in purchasing the City-owned property. As of today, one other property owner (their letter is attached) has contacted staff to voice interest in purchasing two of the five lots, which abut their property. The complication, however, is that they will be out of town on May St'' and have asked that the City Council delay any action on the ordinance until the next Council meeting on May 19, 2008. Recommendation Staff recommends that the City Council continue the public hearing until the May 19 City Council meeting, allowing the parties interested in purchasing this property to negotiate a solution which is agreeable to all involved. �� S�1�G,�� s rL��,;�.�-��-��-.� ��.�,�.. , C�.�� ,-�.�,��,�,�.— �� ' � ��.� � .� ;.. ` ,�—�P�,, =-��:-,.��:;_..._ �` �� t r��--a -�' ��-,� �Z�� i`�.--�-�� %�? rv` �J� � � �-- . 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J�j �%� �' - _ ,, `/�� 4 �a �,/��jT.1,�„!" /L _ .°� /� ��` �%"� � � „��,a-� C' � � R � � ` �nZ,�.,��Li, .[��' �u� � �n_ ��. �� _ '.; ��---�--�..�.� �_ �' _ .e-�.�-�-��-„-,_ W �� '� ��,-� C-�-�.y � � � �, �%��..�,,,.:�, ��-°�.� — C . � �` /�i� �,., C ! � -%wf-,,� �} »'�`. =.i�� ;.^-�/°�"`'�`'"'U �, -`ri..Y.� ` C% �""( �"`" / `�' � � � � � � �lTY �F FRIDLEY Date To AGENDA ITEM CITY COUNCIL MEETING OF MAY 5, 2008 May 1, 2008 William Burns, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Manager Rachel Harris, Environmental Planner Subject: Resolution Regarding Revocation of Special Use Permit #06-08 for Fridley Shop and Stop (formerly Sinclair Fridley), located at 6071 University Avenue NE Background At their February 25, 2008 meeting, the Council held a public hearing regarding the Fridley Shop and Stop, located at 6071 University Ave NE. The purpose of the hearing was to consider revocation of the Special Use Permit (SP) #06-08 related to the current use of the site as an automobile repair business. The public hearing was continued and the resolution to revoke the special use permit was tabled until the May 5, 2008 City Council meeting. The delay was established to allow the property owner time to demonstrate long term compliance. While the property owner has demonstrated compliance, the Fridley Housing and Redevelopment Authority is negotiating to purchase this property as part of their Gateway Northeast redevelopment project. Ifthe HRA is successful in their purchase, there will be no need to maintain the special use permit on the property. Recommendation Staff recommends that the City Council continue the tabling of the resolution to revoke Special Use Permit #06-08 for Fridley Shop and Stop, located at 6071 University Avenue NE, to the June 23, 2008 Council meeting. This will save the City advertising expenses for a separate public hearing notice in just a few weeks. � � �lTY �F FRIDLEY Date To AGENDA ITEM CITY COUNCIL MEETING OF MAY 5, 2008 May 1, 2008 William Burns, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Manager Rachel Harris, Environmental Planner Subject: Resolution Regarding Revocation of Special Use Permit #06-08 for Fridley Shop and Stop (formerly Sinclair Fridley), located at 6071 University Avenue NE Background At their February 25, 2008 meeting, the Council held a public hearing regarding the Fridley Shop and Stop, located at 6071 University Ave NE. The purpose of the hearing was to consider revocation of the Special Use Permit (SP) #06-08 related to the current use of the site as an automobile repair business. The public hearing was continued and the resolution to revoke the special use permit was tabled until the May 5, 2008 City Council meeting. The delay was established to allow the property owner time to demonstrate long term compliance. While the property owner has demonstrated compliance, the Fridley Housing and Redevelopment Authority is negotiating to purchase this property as part of their Gateway Northeast redevelopment project. Ifthe HRA is successful in their purchase, there will be no need to maintain the special use permit on the property. Recommendation Staff recommends that the City Council continue the tabling of the resolution to revoke Special Use Permit #06-08 for Fridley Shop and Stop, located at 6071 University Avenue NE, to the June 23, 2008 Council meeting. This will save the City advertising expenses for a separate public hearing notice in just a few weeks. RESOLUTION NO. _ A RESOLUTION REVOKING SPECIAL USE PERMIT #06-08 FOR FRIDLEY SHOP AND STOP TO OPERATE A SERVICE STATIONWITH FUEL SALES IN A C-2, GENERAL BUSINESS ZONING DISTRICT, LOCATED AT 6071 UNIVERSITY AVENUE NE WHEREAS, Chapter 462 of Minnesota Statutes authorizes the City of Fridley to create zoning ordinances that regulate the use of land in order to protect the public's health, safety, morals, and general welfare; and WHEREAS, City Zoning Code Section 205.05.5.G requires the City Council to revoke a special use permit, following a public hearing, when there is failure to comply with any and all conditions and stipulation of the issued permit; and WHEREAS, the Fridley City Council held a public hearing on February 25, 2008, regarding the special use permit SP #06-08, setting forth service vehicle and parking criteria to allow light duty repair at a gas station in a C-2, General Business zoning district at Fridley Shop and Stop, located at 6071 University Avenue NE WHEREAS, an July 10, 2006 approval of SP #06-08 included 12 stipulations; and WHEREAS, City staff conducted an inspection of the site on May 25, 2006, October 12, 2006, January 22, 2007, and November 5, 2007 to determine compliance with the stipulations of SP #06-08; and WHEREAS, City staff found that compliance of several of the stipulations have been repeatedly violated; and WHEREAS, the City Council held a public hearing on November 20, 2006 to consider revocation of SP #06-08; and WHEREAS, an inspection of the site on December 28, 2007 determined that several of the stipulations continue to be violated; and WHEREAS, by all measures staff believes the stipulations will continue to be violated, based on irregular compliance history; and WHEREAS, inactivity on the City's part, in light of these violations could arguably constitute a waiver of the SUP stipulations; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Fridley, after listening to all the facts presented at the public hearing, makes the following FINDINGS OF FACT: 1. That the City of Fridley and its staff have acted within the parameters of Fridley Zoning Code; and 2. That the City of Fridley staff accurately represented the condition of the property when they inspected it, finding several items of noncompliance of the stipulations of the special use permit; and 3. That the City of Fridley staff communicated the points of noncompliance to the property owner in writing prior to the public hearing; and 4. The property owner was notified by mail of the non-compliance and the public hearing date; and 5. That as of December 28, 2007, the property continues to be in violation of the special use permit action taken by the City Council on July 10, 2006. BE IT FURTHER RESOLVED THAT the City Council, having heard and reviewed the evidence before it, expressly finds that the foregoing recitation is true and correct and incorporates it as part of its Findings of Fact. BE IT FURTHER RESOLVED THAT, based on these findings, the City Council of the City of Fridley hereby revokes the special use permit SP #06-08 to operate a service station with fuel sales in a C-2, General Business zoning district at Fridley Shop and Stop, located at 6071 University Avenue NE. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 2008. Scott J. Lund, Mayor ATTEST: Debra A. Skogen, City Clerk � � CffY OF FRIDLEI' TO: FROM: DATE: SUBJECT AGENDA ITEM CITY COUNCIL MEETING OF MAY 5, 2008 William W. Burns, City Manager James P. Kosluchar, Public Works Director Layne R. Otteson, P.E. Assistant Public Works Director May 5, 2008 ST 2008-2 Gardena Avenue Rehabilitation Project P W08-016 The attached resolution accepts the Feasibility Report, orders Plans and Specifications for the 2008 Gardena Avenue Rehabilitation Project prepared by City staff. The Feasibility Report proposes to: • Mill and overlay 0.7 miles of asphalt pavement from Central Avenue to Stinson Boulevard and, • Replace 1100 feet of water main from Central Avenue to Matterhorn Drive and, • Fund the project using special assessments, water fund, and State-Aid account. The resolution also establishes a public hearing for the project before the City Council at its May 19, 2008 meeting. At the public hearing, staff will provide a presentation of the project before the City Council along with the preliminary assessment list based on existing City policy. Recommend the City Council adopt the resolution to receive the feasibility report, ordering plans and specifications, and establish a public hearing for the 2008 Gardena Avenue Rehabilitation Project to be held on May 19, 2008. JPK:Io Attachment RESOLUTION NO. 2008 - RESOLUTION RECEIVING THE FEASIBILITY REPORT, ORDERING PREPARATION OF PLANS AND CALLING FOR A PUBLIC HEARING ON THE MATTER OF CONSTRUCTION OF CERTAIN IMPROVEMENTS: GARDENA AVENUE REHABILITATION PROJECT NO. ST 2008 - 2 WHEREAS, the construction of certain improvements is deemed to be in the interest of the City of Fridley and the property owners affected thereby, and WHEREAS, the City of Fridley has prepared a Capital Improvement Plan to systematically rehabilitate streets in the City. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley as follows: 1. That the feasibility report prepared by the Engineering Department, is hereby received and accepted. Street and water main improvements, including milling, bituminous asphalt overlay, water main replacement, and miscellaneous repairs as follows: Gardena Avenue NE Central Avenue to Stinson Boulevard 2. That the City Clerk shall act to ascertain the name and address of the owner of each parcel of land directly affected or within the area of lands as may be proposed to be assessed for said improvements, and calculate estimates of assessments as may be proposed relative thereto against each of said lands. 3. That the area proposed to be assessed for said improvements and each of them as noted in said notice are all the lands and areas as noted in said notice: All of the same to be assessed proportionately according to the benefits received. 4. That the estimates of assessments of the Clerk shall be available for inspection to the owner of any parcel of land as may be affected thereby at any public hearing held relative thereto, as well as at any prior time reasonable and convenient. 5. That a public hearing be scheduled for May 19, 2008, and that all property owners whose property is liable to be assessed with the making of the improvements and constitute 100 percent of the property owners who will benefit from the improvement be notified of the public hearing under the normal procedures set forth in Minnesota Statutes Chapter 429. 6. That the Director of Public Works, James P. Kosluchar, is hereby designated as the engineer for this improvement. He shall prepare plans and specifications thereof for making of such improvements. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 5th DAY OF MAY 2008. SCOTT J. LUND - MAYOR ATTESTED: DEBRA A. SKOGEN - CITY CLERK PRELIMINARY REPORT FOR 2008 GARDENA AVENUE REHABILITATION PROJECT NO. ST2008-2 FRIDLEY, MINNESOTA I hereby certify that this plan, specifications, or report was prepared by me or under my direct supervision and that I am a duly licensed Professional Engineer with the laws of the State of Minnesota. Date Layne R. Otteson, P.E. Registration No. 42079 May 2008 1 TABLE OF CONTENTS Description Table of Contents Introduction Proposed Improvements Background Estimated Costs Funding Sources Summary Appendix Figure A Figure B Figure C Project Map Opinion of Probable Cost Funding Sources 2 Paqe No. 2 3 3 3 3 4 4 5 6 7 INTRODUCTION The Engineering Department has proposed to City Council the 2008 Gardena Avenue Rehabilitation Project. The work would take place on Gardena Avenue from Central Avenue to Stinson Boulevard. Please refer to Figure A for a location map. The 2008 Gardena Avenue Rehabilitation Project is a public improvement project and will include asphalt milling, water main replacement, asphalt paving, striping, and concrete curb repairs. The length of the project is approximately 3,800 feet. The mill and overlay portion of the project is budgeted in the 2008 Capital Improvement Program. The water main portion requires a budget amendment, please refer to the "Funding Sources" section of this report. The work involved of said improvements listed above shall here after be designated as: 2008 Gardena Avenue Rehabilitation Project No. ST2008-2. PROPOSEDIMPROVEMENTS The improvement considered by this report would consist of milling the top two inches of existing deteriorated asphalt and laying down new bituminous pavement. Damaged or settled concrete curbs will be replaced. Adjustments will be made to water valve tops and sewer manholes as required. The street will also receive new pavement markings. Water main replacement should also be considered from Central Avenue to Matterhorn Drive. Several water breaks have occurred in this area. One break in particular lifted the roadway about one foot and resulted in differential settlement. The water main is located in the east bound lane and is approximately 15 feet from the curbline. Reconstruction of the pavement area adjacent to the south curbline would be required to perform the water main replacement. BACKGROUND The City has been monitoring Gardena Avenue for several years. The amount of street maintenance is increasing annually due to the rapid deterioration of the existing pavements. Gardena Avenue was seal coated in 2001, but much of the seal coat has worn away. Gardena Avenue receives heavy bus traffic from AI-Amal School and Totino Grace High School. Gardena Avenue is an east-west through street connecting Fridley and New Brighton neighborhoods. It is identified as a minor collector street with an average daily traffic count of 2200 vehicles. ESTIMATED COSTS The project cost is estimated to be $352,000. The mill and overlay portion costs are approximately $120,000 and the water main replacement is appoxmimately $143,000. �3 A 10% contingency is included due to unforeseen conditions and the potential escalation of asphalt and fuel prices. All costs are preliminary, but are expected to stay within the budgeted amount. Estimated costs of the project can be found on Figure B of the Appendix. FUNDING SOURCES Costs for this project will be paid using special assessments, water fund, and Minnesota State Aid System account. Funding sources breakdown can be found on Figure C. Mill and Overlay Fundinq The cost for the mill and overlay work is approximately $210,000. The City will assess adjacent commercial and residential properties and will account for approximately $120,000. Commercial properties will be assessed $27.63 per lineal front foot and residential properties will be assessed $9.85 per lineal front foot. The remaining $90,000 will be reimbursed from our Minnesota State Aid System account. Water Main Replacement Fundinq The cost for the water main replacement is approximately $143,000. As the water rate restriction was lifted late in 2007, this water work was therefore not included in the 2008 budget. The utility portions of the project can be financially supported through the 2008 General Obligation Water Revenue Bond Issue. The debt would be amortized over a 10 or 15 year period and supported annually by an incremental increase in rates. The portion of the increase would support both the new depreciation and the amortization of the debt. This would require passage of a budget amendment for the current budget year. SUMMARY The work proposed for Gardena Avenue fits within the 2008 Capital Improvement Plan. The project is cost effective, necessary, and feasible from an engineering standpoint as stated in this report. The Engineering Department recommends that the City Council approve this project. APPENDIX FIGURE A PROJECT MAP FIGURE B OPINION OF PROBABLE COST FIGURE C FUNDING SOURCES � 3N Q/��g NOSNIlS l.� Ni�vd��N.��: _______-Z�� Sds 0 ]iv 1J u� n �.L�., � �n� �rr �i�nu�� i W � � � U ww � o `� � � r� w � �' A � C7 �� F � a Z I �--� Z ao GQ �::, � �''�{'i� a � ^ N w � � H o � � N � tt'� Q A . . � � , __ ., � . , ' _ Figure B- Engineer's Opinion of Probable Cost A. Mill & Overlay No. Description 1 Mobilization Replace Concrete Curb 2 Mill 2" Bitumino�as (42' wide) 3 Common Exc 4 CI.S 5 Bit, Patching 6 Tack C;oat 7 2" Wear C�urse 8 Adjust MH Casting 9 Adjust Gate Valves 10 Saw N Seal 11 Striping 12 Traffic Controi 13 Reconstruct MH Rings (extra depth) 14 Misc. B. Water Main 1 Mobilization 2 Remove ex C&G 3 Remove pavement (10" depth x 15' wide) 4 Remove existing 8" water main 5 Remove existing hydrant & gv 6 Remove existing gv 7 Connect to existing water main 8 Connect to existing water service (braze) 9 F&I 4" CI. 5 Aggregate 10 F&I B618 C&G 11 F&I 3" Bit�aminous Base Course 12 F&I c�rporation w/ 1° copper tubing 13 F&I GV 14 F&I 8" �IP CI. 52 w/ 8 Mil Poly 15 F&I Hydrant and Gate Valve 16 F&I Temporary water service 17 Fittings 18 Traffic Control 19 Misc Unit L.S LF SY CY TN TN Gal TN EA EA L.F LF �S LF �S LS LF SY LF EA EA EA EA TN LF TN EA EA LF LS LS LBS LS L.S Unit Cost $10, 000.00 $ 20,00 $ 1.75 $ 25.00 $ 25,00 $ 110.00 $ 3,00 $ 52.00 $ 5DQ.00 � 200,00 $ 1.50 $ 0.12 $ 5,Q00.00 $ 350.00 $ 2,500.00 $10,000.00 $ 5, 00 $ 5.00 $ 5,00 $ 750.00 $ 250.00 $ 6�0.00 $ 750.00 $ 12.00 $ 15.00 $ 55.00 $ 75.00 $ 1,500.00 $ 35,00 $ 4,200.00 $ 2,0�0.00 $ 5.00 $ 5,000,00 $ 5,000.00 Gardena Avenue Central Ave to Matterhorn Dr. 1100' mill and overlay Q�i Total Cost 0.25 $ 2,500.00 20.00 $ 400,00 4,000.00 $ 7,0OO.�Q 20.00 $ 500,00 30.00 $ 750.00 15,00 $ 1,650.00 3D0.00 $ 900.00 600.00 $ 31,200,00 5.00 $ 2,500.00 5.00 $ 1,000.00 1,300.00 $ 1,950.00 3,000.00 $ 36�.00 0.25 $ 1,250.00 5.Q0 $ 1,750.00 1.00 $ 2,500.00 Sub-Total $ 56,210.00 025 $ 2,500,00 100.00 $ 500.00 1,800.00 $ 9,0OO.OQ 1,150.00 $ 5,750,00 1 $ 750.00 5 $ 1,250.0� 5 $ 3,000.00 18,00 $ 13,500.0� 700.�0 $ 8,400,00 10Q.00 $ 1,500.00 350.00 $ 19,250.00 18.00 $ 1,350.00 5 $ 7,500.00 1100 $ 38,500.00 1 $ 4,200.00 1 $ 2,000.00 800 $ 4,000.00 0.25 $ 1,250.�0 1 $ 5,000.00 Sub-Total $ 129,200.00 Total $ 185,410.00 10% Contingency $ 18,541.00 Street Segment Total $ 203,951.00 Grand Total is $ 352,176.00 5-M ay-08 �RO Gardena Avenue llatterhorn Dr. to Stinson Blv� 2700' mill and overlay � 'Total Cost 0,5 $ 5,000.00 80 $ 1,600.00 12600 $ 22,050.00 20 $ 500.00 30 $ 750.00 15 $ 1,650.00 700 $ 2,100.00 1500 $ 78,000.00 10 $ 5,000.00 10 $ 2,000.00 3000 $ 4,500.00 5000 $ 600.00 0.5 $ 2,500.00 10 $ 3,500.00 2 $ 5,000.00 � $ -134,750.00 $ 134,750.00 $ 13,475.00 $ 148,225.00 � � , � �" � ` - I� Description 1 Special Assessments 2 Water Fund 3 Minnnesota State Aid System Account Special Assessment Breakdown 1 Residential 2 Commercial Amount $ 120,000.00 $ 143,000.00 $ 90,000.00 $ 353,000.00 $ 51,000.00 $ 69,000.00 $ 120,000.00 2-May-08 .� � AGENDA ITEM � CITY COUNCIL MEETING OF MAY 5, 2008 �ffY �F FRIDLEY INFORMAL STATUS REPORTS