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FRIDLEY
FRIDLEY CITY COUNCIL MEETING
OF JUNE 9, 2008
7:30 p.m. - City Council Chambers
Attendance Sheet
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FRIDLEY CITY COUNCIL MEETING OF JUNE 9, 2008
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CffY OF
FRIDLEY
The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or
employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability,
age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be
provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing
impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact
Roberta Collins at 763-572-3500 at least one week in advance. (TTD/763-572-3534)
PLEDGE OF ALLEGIANCE. � � � � �
PRESENTATIONS:
2008 Values First Community Recognition Awards:
Business: Mojo's Pizza
Youth: Lindsey Paradise
Fridley `49er Days Royalty
ADOPTION OF AGENDA.
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APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of May 19, 2008
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS:
�1.. Resolution Approving Special Legislation
�� (Northstar Transit Station Project) ..... 1- 9
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n� � Special Use Permit Request, SP #08-07, by
� Michael Jackson (Franklin Builders) to Allow
. Limited Outdoor Storage on the Property
Generally Located at 7865-69 Beech Street
N.E. (Ward 3) .�........�...��.�.'.. 10 - 15
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a� Special Use Permit Ftequest, SP #08-08, by
�� Amsum & Ash, Inc., to Allow Limited Outdoor
Storage on the Property Generally Located at
30 - 52"d Way N.E. (Ward 3) ..... ....... 1-20
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APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUED):
4. Receive Plans and Authorize Advertisement for
Bids for Water Tower No. 2 Rehabilitation,
City of Fridley Project No. 377 ........... 21
5. Claims
6. Licenses
7. Estimates
22
23 - 24
25
ADOPTION OF AGENDA. � / A ��,�
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OPEN FORUM fVISITORSI: Consideration of Items Not
on Agenda -15 Minutes
PUBLIC HEARINGS: �ih 1� S i � g�!� �%q--�
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8. Consider an Ordinance Amending the Fridley Home
Rule Charter, Chapter 2. City Council Organization,
Chapter 3. Procedure of Council, Chapter 4.
Nominations and Elections, Chapter 5. Initiative,
Referendum and Recall and Chapter 6. Administration
of City Affairs ................................... 26 - 32
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9. Consider Special Use Permit, SP #06-11, for
Central Auto Parts, to Operate a Salvage Yard,
Generally Located at 1201 - 73'/z Avenue
N.E. (Ward 2) (Continued November 5,
2007) ................................... 33 - 34
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FRI[�LE�(�ITY COUNCIL MEETING OF JUNE 9, 2008 PAGE 2
OLD BUSINESS:
10. Resolution Revoking Special Use Permit, SP #06-11,
for Central Auto Parts, to Operate a Junkyard in an
M-1 Zoning District, Generally Located at 1201
73'/z Avenue N.E. (Ward 2) (Tabled November 5,
2007) ................................... 35 - 37
NEW BUSINESS:
11. Resolution Receiving Revised Plans and
Specifications and Reauthorizing the
Advertisement for Bids of Street Improvement
Project No. ST. 2007-3 (Quiet Zone
Project) .................................. 38 - 40
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12. Informal Status Reports ..................... 41
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ADJOURN. � I � � ��`��
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CffY OF
FRIaLEi'
CITY COUNCIL MEETING OF JUNE 9, 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.
PRESENTATIONS:
2008 Values First Community Recognition Awards:
Business: Mojo's Pizza
Youth: Lindsey Paradise
Fridley `49er Days Royalty
ADOPTION OF AGENDA.
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of May 19, 2008
FRIDLEY CITY COUNCIL MEETING OF JUNE 9, 2008 PAGE 2
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS:
1. Resolution Approving Special Legislation
(Northstar Transit Station Project) ................................................................. 1- 9
2. Special Use Permit Request, SP #08-07, by
Michael Jackson (Franklin Builders) to Allow
Limited Outdoor Storage on the Property
Generally Located at 7865-69 Beech Street
N. E. (Ward 3) ................................................................................................ 10 - 15
3. Special Use Permit Request, SP #08-08, by
Amsum & Ash, Inc., to Allow Limited Outdoor
Storage on the Property Generally Located at
30 — 52nd Way N. E. (Ward 3) ........................................................................ 16 -20
4. Receive Plans and Authorize Advertisement for
Bids for Water Tower No. 2 Rehabilitation,
City of Fridley Project No. 377 ....................................................................... 21
5. Claims ................................................................................................... 22
6. Licenses ................................................................................................... 23 - 24
7. Estimates ................................................................................................... 25
ADOPTION OF AGENDA.
OPEN FORUM (VISITORS): Consideration of Items Not on Agenda — 15 Minutes
FRIDLEY CITY COUNCIL MEETING OF JUNE 9, 2008 PAGE 3
PUBLIC HEARINGS:
8. Consider an Ordinance Amending the Fridley Home
Rule Charter, Chapter 2. City Council Organization,
Chapter 3. Procedure of Council, Chapter 4. Nominations
and Elections, Chapter 5. Initiative, Referendum and
Recall and Chapter 6. Administration of City Affairs ...................................... 26 - 32
9. Consider Special Use Permit, SP #06-11, for
Central Auto Parts, to Operate a Salvage Yard,
Generally Located at 1201 — 73'/ Avenue
N.E. (Ward 2) (Continued November 5, 2007) .............................................. 33 - 34
OLD BUSINESS:
10. Resolution Revoking Special Use Permit, SP #06-11,
for Central Auto Parts, to Operate a Junkyard in an
M-1 Zoning District, Generally Located at 1201
73'/ Avenue N.E. (Ward 2) (Tabled November 5,
2007) ................................................................................................... 35 - 37
NEW BUSINESS:
11. Resolution Receiving Revised Plans and
Specifications and Reauthorizing the
Advertisement for Bids of Street Improvement
Project No. ST. 2007-3 (Quiet Zone Project) ................................................ 38 - 40
12. Informal Status Reports ................................................................................ 41
ADJOURN.
CITY COUNCIL MEETING
CITY OF FRIDLEY
MAY 19, 2008
The City Council meeting for the City of Fridley was called to order by Mayor Lund at 730 p.m.
PLEDGE OF ALLEGIANCE:
Mayor Lund led the Council and audience in the Pledge of Allegiance to the flag.
ROLL CALL:
MEMBERS PRESENT: Mayor Lund
Councilmember-at-Large Barnette
Councilmember Saefke
Councilmember Varichak
Councilmember Bolkcom
OTHERS PRESENT: William Burns, City Manager
Scott Hickok, Community Development Director
James Kosluchar, Public Works Director
Fritz Knaak, City Attorney
ADOPTION OF AGENDA:
MOTION by Councilmember Bolkcom to the consent agenda. Seconded by Councilmember
Saefke.
UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
OPEN FORUM:
Ken Hughes, 6424 Ashton Avenue, had questions regarding his assessment. He attended the
November 19, 2007, assessment hearing. He received a letter after the hearing, and the details
were different than what Council had said. He has spoken to Councilmember Bolkcom, Mr.
Kosluchar, Mayor Lund and Councilmember Barnette about this issue. He asked where to go
from here because he is not getting a response.
Mayor Lund advised Mr. Hughes to give Council his concern and the Council would discuss
this matter and respond at the next meeting.
Mr. Hughes asked if Mayor Lund would bring the viewing audience up to date on what was
discussed in a meeting regarding this issue this afternoon.
FRIDLEY CITY COUNCIL MEETING OF MAY 19, 2008 PAGE 2
Mayor Lund said that he misspoke at the assessment hearing. He thought that Mr. Hughes
would only be assessed on the front curb and not on the side street. This was not correct. He
said he made a mistake and apologized. Everyone is assessed in the same way if they have this
type of lot and this is consistent with how things have been assessed for years.
Mr. Kosluchar said that the assessment is correct and it states in detail what is included in the
assessment.
Mr. Hughes asked if Council would be fair and give him the same rate as last year.
Mayor Lund said he would take it under advisement.
Mr. Hughes asked Councilmember Bolkcom if she could comment on the sod issue.
Councilmember Bolkcom said that she remembers the conversation and that Mr. Kosluchar was
new to the City and was pretty clear what was included. To reduce the assessment cost at this
time would cause her concerns. She asked they legally needed to have another public hearing.
Fritz Knaak, City Attorney, said they just need to be sure to ask the questions now.
Councilmember Bolkcom said that another hearing would not clear up things but they could
send out another letter to residents to clarify things.
Mr. Hughes said that he did not think he would be assessed for the sod and topsoil. A two foot
strip of sod was installed behind the curb and he was assessed for '/z of the sod and topsoil. He
stated that his street was "all the leftovers" and thinks that the assessment should be reduced to
make it fair.
Mayor Lund replied that in all fairness, Council will get back to him on these issues.
Mr. Hughes said he would appreciate a response and asked if he should be talking to someone
else on this issue.
Councilmember Saefke said that the comment that his streets were "all the leftovers" was just a
phrase, the leftovers included all the remaining streets that needed curb and gutter. The City
starts at one spot and works until all the streets was finished. The ones that were completed first,
will be first on the list when it comes time to redo the streets again.
William Burns, City Manager, said that typically an assessment is not finalized until the project
is completed. The figures Mr. Hughes currently has may change to a lower (or higher) number
so it would not be fair to cut a deal at this time. It would also be unfair to the others.
Mr. Kosluchar agreed that it would be improper to set the final assessment numbers tonight.
Mayor Lund said regardless, the project will move forward and right now the estimate is $21.00
per linear foot. The final assessment could come in at $17.00 but $21.00 is more realistic. He
FRIDLEY CITY COUNCIL MEETING OF MAY 19, 2008 PAGE 3
said that the City is not trying to be unfair to Mr. Hughes. He can bring these issues to the
assessment hearing when the final assessment is received.
Tom Myhra, 6360 Able Street, said he had some information on the Comprehensive Plan he
wanted to discuss but would come back in August. He distributed some information for Council
to review.
Patricia Shade, 7866 Alden Way, said she received a letter Saturday saying the tennis courts
were being removed in her neighborhood because they are not being used. She came to state that
the courts are used quite a bit. The current condition is playable and a lot of young families are
using the tennis courts. She has a petition that was signed by several neighbors that use the
courts. She asked if they would reconsider removing the courts until they are not useful
anymore. The nearest tennis courts that are available for use require people to cross a busy road
and the next one is over a mile away.
Councilmember Bolkcom asked who signed the letter.
Ms. Shade answered Jack Kirk.
Councilmember Barnette said this was brought up at the Park and Recreation meeting. They
are looking at closing nine tennis courts. After the meeting tonight Council will look into this
issue and get back to Ms. Shade.
Councilmember Bolkcom said that this is not a decision made by the City Council. She asked
Dr. Burns what it would cost to resurface the courts.
William Burns, City Manager, said $18,000 to $20,000.
Councilmember Bolkcom said that Mr. Kirk will have to see if the courts are safe and if it
would be possible to keep the courts open.
Mayor Lund said he agreed the surface is playable and not in A+ condition. The green seal
court is peeling and it is not pretty. Mr. Kirk and the Commission will have to revisit this issue.
Councilmember Bolkcom said the Park and Recreation Commission meet the first week in
June.
Mayor Lund said there are 19 courts in the middle school and high school area. He realizes it is
a safety issue crossing the busy highway or driving nearly a mile to the next tennis court. He
agreed this is a valid argument and would ask Mr. Kirk to revisit removing the tennis court.
A1 Stahlberg, 8099 Riverview Trail, brought up a Star & Tribune article dated May 16, 2008,
regarding a rental license moratorium in Columbia Heights.
Councilmember Bolkcom said she saw the article and agreed it would be a good idea to look at
it.
FRIDLEY CITY COUNCIL MEETING OF MAY 19, 2008 PAGE 4
APPROVAL OF MINUTES:
Board of Appeal and Equalization Meeting of April 28, 2008.
APPROVED.
City Council Meeting of Apri128, 2008
APPROVED.
City Council Meeting of May 5, 2008
APPROVED.
PUBLIC HEARING:
1. Consideration of 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
May 5, 2008).
MOTION by Councilmember Bolkcom to remove the item from the table. Seconded by
Councilmember Barnette.
UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
Scott Hickok, Community Development Director, said there are five 25' wide lots owned by the
City likely for drainage purposes. The location is near pover and Broad in the Riverview
Heights area. Springbrook Creek weaves through the five lots. The terrain is wooded on
Springbrook Creek with steep grades. These are land-locked parcels. One PIN number would
be used. The lots are in the shoreland overlay district and entirely in the flood fringe.
Mr. Hickok said there are two people interested in purchasing this property. Justin Chapweske,
530 Dover, asked to purchase property from the City about a year ago. Staff discussed a
purchase agreement with tentative terms of the buyer incurring all costs of land sale. A public
hearing noticed was published. A second interested buyer came forward when notices were
mailed to surrounding property owners. Garland Lagesse, 7951 Broad, has expressed interest in
purchasing part of the five lots. Staff has been unable to coordinate a meeting with both parties
interested.
Mr. Hickok said the City Council must declare the property excess by ordinance and authorize a
sale. There is an ongoing debate on who the City should sell the property to. Staff is working on
a proposed sale transaction which is agreeable to both interested parties.
FRIDLEY CITY COUNCIL MEETING OF MAY 19, 2008 PAGE 5
Mr. Hickok said the City could sell the property for $1 per square foot (each lot is
approximately 2,750 square feet). The buyer would have to pay the $1,500 fee for the public
hearing process and all closing costs related to the sale.
Mr. Hickok said the vacant lots are not needed by City, and the City only has access. There are
downed trees on these lots and adding lots to adjacent properties will increase private land values
and therefore generate tax revenues. The owner of 530 Dover may need this property to stabilize
a slope.
Mr. Hickok said that the complication of a sale to two parties would include five lots that would
fall under one PIN number. The lots can be sold separately, but only after a lot split process.
Staff recommends that the public hearing be kept open because both interested buyers could not
be present tonight. Staff will work towards agreeable terms of sale for the next Council meeting
on June 9.
Councilmember Bolkcom asked how long this item can go on as it has been going on for over a
year.
Mr. Hickok said that land negotiations can go on for a long time.
Councilmember Bolkcom asked if this is part of the Six Cities Watershed District.
Mr. Hickok answered yes.
Councilmember Bolkcom asked if the interested parties could take down the trees.
Mr. Hickok said that they could just remove the trees that were already down. There has been
no discussion about taking down additional trees.
Councilmember Bolkcom asked about the stream bank and if the homeowners would need
flood insurance.
Mr. Hickok said that he hesitated to answer that question and the homeowner should check with
their insurance agent.
Councilmember Bolkcom asked about cost of the lot split and who would be responsible for the
fees.
Mr. Hickok said all costs are taken care of by those who would benefit from the sale. There
would be no cost to the City.
Councilmember Bolkcom asked how the price of the lot would be decided.
Fritz Knaak, City Attorney, said that the price of the lot split would be whatever the City
considers to be reasonable and fair priced. The City is not required to take the highest bid if the
City decides to sell the land. The City would just have to take the price that is most reasonable.
FRIDLEY CITY COUNCIL MEETING OF MAY 19, 2008 PAGE 6
Councilmember Bolkcom said that in the past the price was $1.00 per square foot but asked if
the City would have to take that price.
Attorney Knaak said that the City would not have to take that price.
Garland Lagesse, 7951 Broadway, said he has lived on the property for 32 years.
Mayor Lund asked if Mr. Lagesse has had a discussion with the other interested party.
Mr. Lagesse said that they spoke briefly and the other party was interested in buying the land
because he was concerned about erosion. Mr. Lagesse's main reason for wanting to buy the lots
was to secure the privacy he currently has on his lot. He is looking forward to sitting down and
talking with the other party.
Mayor Lund asked if Mr. Lagesse preferred the City to retain ownership of the lots or make the
split between the homeowners.
Mr. Lagesse said that he would go for nothing to happen to his property but said he needs to
discuss this issue with his neighbor in detail.
Mayor Lund said if the two property owners cannot agree on the split, the City will continue to
hold ownership.
Councilmember Bolkcom suggested continuing this public hearing until the second meeting in
June.
Mr. Hickok said the other neighbor plans to make this issue a priority and work out the details
and have decisions ready for the June 9 meeting. He said it would be okay to wait and the
additional time may be good to work out the details.
Mayor Lund asked if another 30 days would be sufficient time to work out the details.
Mr. Lagesse said the extension would be a good idea.
MOTION by Councilmember Bolkcom to continue the public hearing until June 23, 2008.
Seconded by Councilmember Saefke.
UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY
2. Consideration of Gardena Avenue Rehabilitation Project No. ST. 2008-02.
MOTION by Councilmember Barnette to waive the reading of the public hearing notice and
open the public hearing. Seconded by Councilmember Varichak.
FRIDLEY CITY COUNCIL MEETING OF MAY 19, 2008 PAGE 8
Mr. Kosluchar said that some of the properties will have unique property assessments. Al-
Amal School is a"flag" lot which historically has been assessed the width of property, not the
narrow portion at the curb. 5895 Central Avenue is a corner lot on a County road. The property
has not paid a street rehabilitation assessment to the County or City, but receives benefit. This
scenario has historically been assessed the lot width on the City street side. 1578 Gardena
Avenue is a City Park City park frontage has historically been shared by the project
participants.
Mr. Kosluchar reviewed the assessment options. Option 1 is a lump sum paid within 30 days of
the final assessment hearing (after construction). Option 2 would be to add the amount to
property taxes that are paid over 10 years with an interest rate to be determined (typically 6.5 to
7.0%). Option 3 is for senior citizens meeting certain criteria. They may request to have the
assessment deferred until the future sale of the property. Interest accrues until the sale, per City
Resolution No. 14-1995.
Councilmember Saefke asked if the 1,100 feet of water main would be accessed to the property
owners.
Mr. Kosluchar said that the homeowners would not be assessed for the water main.
Councilmember Bolkcom asked if this is any different than policies in the past.
Mr. Kosluchar said that this is the same method as used in the past. Council could access a flat
rate to each property, but it is difficult to equalize the assessment.
Councilmember Bolkcom asked if the cost included sod. We have not done a lot of rehab
projects and the homeowners are not sure they understand the assessment.
Councilmember Saefke said that the assessment is typical of a 32 foot width street. The
residents are getting a deal because they are only being assessed for'/z of the street, and the width
is 44' wide, a savings of 12'.
Councilmember Varichak said that this is just an estimate and when the final project is done, a
new assessment will be made.
Mr. Kosluchar said that is correct. This is just to give the property owner an idea of what the
cost might be.
Councilmember Bolkcom said that the assessment could be more, this is just an estimate.
Mr. Kosluchar said that this is based on the best information available. The estimate is a little
conservative. If the actual cost comes out a lot higher than this estimate, it might be decided that
the proj ect is not feasible.
Councilmember Bolkcom asked how a homeowner could find out what the cost may be.
Usually the assessments would say it would not exceed a certain amount.
FRIDLEY CITY COUNCIL MEETING OF MAY 19, 2008 PAGE 9
Mr. Kosluchar said he could not guarantee what the bids will come in at.
Councilmember Bolkcom said the homeowners should be reassured that the assessment would
not go much over the estimate. If the actual cost came in at twice the estimate, the proj ect would
probably be cancelled.
Richard Pribyl, Finance Director, said that in the past he thought the assessment would say it
would not exceed a certain amount. The assessment is usually estimated at the high end so the
actual figures may come in lower.
Mayor Lund suggested that residents stay tuned at the close of the bidding process.
Councilmember Bolkcom asked that if the figures come in a lot higher than the assessment, a
letter be sent to the homeowners saying that the proj ect would be cancelled.
Mayor Lund said that sometimes proj ects come in much lower than proj ected. Currently
construction business is down so bids are lower because contractors are looking for work.
Bill Simm, 1494 Gardena Avenue, asked if this was tax deductible.
Mr. Pribyl answered that the homeowners are receiving goods and services so it would not be
tax deductible.
Mr. Simm said that he is a senior and was interested in option three. He asked if interest was
built in that loan.
Mayor Lund answered yes, interest accumulates for the length of the time and this option is
truly for those not able to pay on normal terms.
Mr. Simm said that he was assessed for $1,700 and others use the road as much as he does and
asked why he had to pay more.
Mayor Lund said that there is no perfect way to assess properties. He said that the lot is
measured 35 feet from the curb line so the estimate is a little less.
Councilmember Bolkcom asked Mr. Kosluchar to look at Mr. Simms property to address his
concern.
Mr. Simm said he is in favor of the project but the roads take a beating from the school buses
and garbage trucks.
Mayor Lund said that because Fridley does not have a common garbage hauler, we do have a
problem with multiple garbage trucks on the roads during the week.
FRIDLEY CITY COUNCIL MEETING OF MAY 19, 2008 PAGE 10
John Biner, 1499 Gardena, said he did not understand the process. He asked for clarification
that this is just an estimate and what the next steps were with the project.
Mr. Kosluchar said the complete design will be done in three to four weeks. Bids will come in
from the end of July until the beginning of August. A contract will be awarded and the project
will be completed by fall. A letter will be sent to homeowners in October for a final assessment.
The final costs will be discussed and another public hearing will be held.
Mr. Biner asked if the assessment would be due in 2008 or 2009.
Mayor Lund said that when residents get the final assessment, they will have 30 days to pay the
bill. If the bill is paid right away, the amount would be due November 30. If the homeowner
chooses to put the assessment on their taxes, it would go on 2009 taxes.
Councilmember Saefke said that after the project is finished, a public hearing will be held in
October to set the final cost per property. Once the bill is received, the homeowner has 30 days
to pay.
Mayor Lund said that if bids are much higher than the estimate, the project may be cancelled.
Currently the estimate is $9.85 and if the bid comes in too high, they will put it out for bid again
or not do the proj ect.
Mr. Biner asked why just that section of the water main will be replaced. He said there are
other areas that have had trouble with water main breaks.
Mayor Lund said that they can do an inspection to make sure the City does not need to do more
water main reconstruction.
Charlie Coming, 1120 Gardena, said that water builds up at the intersection at Central and
wanted the City to look at that intersection.
Mr. Kosluchar said they could look at that corner.
Councilmember Saefke asked if Central was a County road and if the County owns that storm
water system.
Mayor Lund said they can look at it and contact the County to make sure they are aware of the
situation.
Robert Burnham, 1100 Gardena, asked when they replace the water main, would the street be
torn up or would they just install an in-line pipe.
Mr. Kosluchar said they were still weighing out the options on that issue.
Spencer Minear, 1291 Gardena, asked when the street was last done.
FRIDLEY CITY COUNCIL MEETING OF MAY 19, 2008 PAGE 11
Mr. Kosluchar said that a seal coat was done in 1991. He wasn't sure if that amount was
assessed to the homeowners. The base was installed in 1971.
Mr. Minear asked about the water collection at the bottom of the hill. The last time there was a
water main break, there was tension between where the County and City divide. The contractor
did a bad job connecting Gardena to Highway 65. He asked if they could try to do a better job
connecting the roads.
MOTION by Councilmember Barnette to close the public hearing. Seconded by
Councilmember Varichak.
UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 9:15 P.M.
NEW BUSINESS:
3. Resolution Ordering Final Plans, Specifications and Calling for Bids: 2008 Gardena
Avenue Rehabilitation Project No. ST. 2008-02.
MOTION by Councilmember Varichak to adopt Resolution No. 2008-22. Seconded by
Councilmember Barnette.
UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
4. Resolution Authorizing Final Changes in Appropriations for the General Fund, Special
Revenue Funds, and the Capital Improvement Fund for the Year Ended 2007.
Richard Pribyl, Finance Director, submitted the final changes in appropriations for the year
ended December 31, 2007. These changes are the final budgetary adjustments similar to those of
past years. The changes are in keeping with Chapter 7 of the City Code requiring total obj ect
categories to be within budget. The audit is coming to a close and these changes are also part of
the requirements to submit the Comprehensive Annual Financial Report to the awards program
of GFOA.
Mr. Pribyl said that a few of the more significant adjustments to the General Fund were due to a
special election that was not anticipated in the budget, various departments where employees
ended the year with higher leave balances than they started with or sold annual leave. We are
required to fund any additional balances. Also Special Revenue Fund Adjustments due to their
nature are unknown at the time the budget is created. Capital Improvement Fund adjustments
were made due to items budgeted that were actually coded to supplies and charges vs. capital
outlay accounts. Staff recommends approval of the attached resolution.
MOTION by Councilmember Saefke to adopt Resolution No. 2008-23. Seconded by
Councilmember Bolkcom.
FRIDLEY CITY COUNCIL MEETING OF MAY 19, 2008 PAGE 12
UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
5. Claims (136647 —136828).
MOTION by Councilmember Bolkcom to approve the claims as submitted. Seconded by
Councilmember Saefke.
UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY
6. Licenses.
MOTION by Councilmember Bolkcom to approve the licenses as submitted and as on file.
Seconded by Councilmember Varichak.
UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
7. Informal Status Reports.
Councilmember Varichak said that she attended the Police Department open house and there
were a lot of kids and people attending. It was a great day and very good.
Mayor Lund wanted to thank the Lions Club for the grilling and groceries supplied by
Wal*Mart, Sam's Club, Holiday, Super Target and McDonald's.
Scott Hickok, Community Development Director, said that there will be a paper shredding event
on Saturday, June 7. To date this event has shredded 10,700 pounds of paper. This is a great
event and is free. He mentioned that there will be a drop-off recycling event on June 14.
ADJOURN:
MOTION by Councilmember Barnette to adjourn. Seconded by Councilmember Varichak.
UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 9:25 P.M.
Respectfully Submitted,
Krista Monsrud Scott J. Lund
Recording Secretary Mayor
� AGENDA ITEM
� CITY COUNCIL MEETING OF JUNE 9, 2008
�ff1' 4F
FRIULE7`
To: William Burns, City Manager
From: Paul Bolin, HRA Assistant Director
Date: June 6, 2008
Re: Enactment of Special Legislation Part 2— 2008 Fridley Northstar Transit TIF Bill
During its 2008 regular session, the Minnesota Legislature adopted two separate tax bills
containing special legislation to assist with the City of Fridley's Northstar Transit Station project.
The first tax bill provided special legislation allowing 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 the special legislation in the first tax bill, is the fact that it allowed the City
to transfer funds from the soon to expire TIF Districts 11, 12, & 13 for Northstar related
expenses. These three TIF districts had a cash balance of $900,000 and will generate an
additional $1.8M that can be spent in the Northstar proj ect area. The Council approved a
resolution making this special legislation effective at their May 5, 2008 meeting.
The second tax bill, approved in the waning hours of this year's session contained language that
further clarifies the bill approved earlier in the session. In short, the second tax bill clarified the
number of parcels that could be included in the Northstar Transit TIF District, clarified and
expanded eligible expenses to include access to the Northstar Commuter Rail tunnel, and gave us
the ability to create TIF Districts through 2017 and pool those funds at a higher percentage.
A memorandum, a copy of the tax bill, and a resolution prepared by the HRA's legal counsel has
been provided to give you more detail on the bill. As you will recall from May, special
legislation requires Council action and filing with the Secretary of State prior to the Law
becoming effective.
Staff recommends Council approve the attached resolution. Adoption of the attached resolution
will make the special legislation from the 2"d tax bill effective.
n1�1 M� ROE _
James R. Casseriy
jcasserl y@krassm on roe. com
Direct 952.885.1296
Mary E. Molzahn
mmolzahn@krassmonroe.com
Direct 952.885.4382
MEMORANDUM
To: City of Fridley
Attn: Mayor and City Council
William Burns, City Manager
From: James R. Casserly, Esq.
Mary E. Molzahn, Senior Development Analyst
Date: June 5, 2008
Re: 2008 Special Legislation — Second Tax Bill (HF 3149)
Our File No. 9571-71
During its 2008 regular session, the Minnesota Legislature adopted iwo tax bills, both of
which contain language affecting Fridley's tax increment activities. The First Tax Bill
provided special rules for the creatian of the Northstar Transit Station District (the
"District"). This District would consist of the 40 identified parcels which have been
determined to meet the requirements for inclusion in a redevelopment tax increment
district. Tax increment generated from Tax Increment Districts Nos. 11, 12 and 13 may
be pooled for eligible expenses, including the costs necessary to acquire land and
construct a tunnel under the BNSF railroad tracks, within this District. Additionally, the 5
year rule and the use of revenues`for decertification do not apply to the District.
The Second Tax Bill accomplished the following:
1. Sec. 23 (a) clarified that the District did not have to include all the parcels but
could consist of a single parcel, all 40 parcels, or any number of parcels in-
between.
2. Sec. 23 (c) clarified that tax increment efigible expenses include those activities
which would allow access to the Northstar Commuter Rail.
B00� Norman Center Drive, Suite 1000
Minneapolis, Minnesota 55437-If78
TE� 952.885.5999 FAx 952.885.5969
2 www.krassmonroe.com
3. Sec. 23 (g) added language which would allow additional tax increment districts
to be created, through December 30, 2017, consisting of any parcel(s) identified
but which are not included in the District. These districts would be subject ta
general tax increment law and item 2 above, but would not benefit from the
special rules adopted relating to redevelopment district qualifications, pooling
from Districts No. 11, 12 and 13, elimination of the 5-year rule or use of revenues
for decerti�cation. The amended language does, however, increase the pooling
percentage from 25% up to 30% and appears to not limit pooling only to the
District, but allows pooling anywhere within Redevelopment Project No. 1.
The Second Tax Bill is included in Laws of Minnesota 2008, chapter 366, article 5,
section 24 and is effective upon adoption of an approval resolution and compliance with
Minnesota Statutes, section 645.021, subdivision 3, a copy of which is attached. This
subdivision requires filing an approval resolution and certificate of approval with the
Secretary of State, copies of which are also attached for City execution and adoption.
After execution, please provide us with two originally signed and certified copies of the
Resolution and Certificate and we will file them with the Secretary of State.
Attachments: � :
Special Legislation � '
Minnesota Statutes, Section 645.0�21
Resolution Approving Special Legislation
Certificate of Approval of Special Law
cc: Paul Bolin, HRA Assistant Executive Director
Scott Hickok, Communify Development Director
G:\WPDATAIFIFRIDLEY 95711711COR1COUNCIL JRC MEM 1.DOC
C•J
H.F. No. 3149B, Conference Committee Report - SSth Legislative Session (2007-2008)
66.12
66.13
68.14
68.15
68.16
68.17
68.16
6s.i9
68.20
66.21
68.22
68.23
68.24
68.25
68.26
68.27
68.28
68.29
68.30
68.31
68.32
68.33
68.34
68.35
69.1
69.2
69.3
69.4
64.5
69.6
69.7
69.8
69.9
69.10
69.11
69.12
69.13
69.14
69.15
69.16
69.17
69.18
69.19
69.20
69.21
Sec. 23. Laws 2008, chapter 154, article 9, section 23, is amended to read;
Sec. 23. CITY OF FRIDLEY; TAX INCREMENT �'INANCING DISTRICT;
SPECIAL RULES.
(a) If the city elects upon the adoption of a tax increment fnancing plan for a district,
the niles under this section apply to a redeve[opment tax increment financing district
established by the city of Fridley or the housing and redevelopment authority of the city.
.�e ,,.,,,.____,...�...,.. : .� �:-}-:-� =-+-•�-- �ity may,include one or more of the
r
following parcels and adjacent railroad properiy at� in the redevelopment tax increment
district. which shall be referred to as the Northstar Transit Station District: parcel
numbers 223024120010, 223024120009, 223024120017, 223024120016, 223024120018,
223024120012,223024120011,223024120005,223024120004,223024120003,
223024120013,223024120008,223024120007,223024120006,223024130005,
223024130010,223024130011,223024130003,153024440039,153024440037,
153024440041,15302444Q042,223024110013,2230241I0016,223024110017,
223024140008,223024130002,223024420004,223024410002,223024410003,
223024110008,223024110007,223024110019,223024110018,223024110003,
223024140003,223024140009,223024140002,223024140010,and 223024410007.
(b) The requirements for qualifying a redevelopment tax increment district under
Minnesota Statutes, section 469.174, subdivision 10, do not apply to the parcels located
within the Northstar Transit Station District, which are deemed eligible for inclusion
in a redevelopment tax increment district.
(c) In addition to the costs permitted by Minnesota Statutes, section 469.176,
subdivision 4j , eligible expenditures within the Northstar Transit Station District include
those costs necessary to provide for the construction and land acquisition for a tunnel
under the Burlington Northern Santa Fe railroad tracks to allow access to the Northstar
Commuter RaiL
(d) Notwithstanding the provisions of Miimesota Statutes, section 469.1763,
subdivision 2, the city of Fridley may expend increments generated from its tax increment
financing districts Nos. 11, 12, and 13 for costs permitted by paragraph (c) and Minnesota
Statutes, section 469.176, subdivision 4j, outside the boundaries of tax increment financing
districts Nos. 1 l, 12, and 13, but only within the Northstar Transit Station District.
(e} The five-year rule under Minnesota Statutes, section 469.1763, subdivision 3,
does not apply to the Northstar Transit Station District or to tax increraent financing
disn•icts Nos. 11, 12, and 13.
( fl The use of revenues for decertification under Minnesota Statutes, section
469.1763, subdivision 4, does not apply to taac increment financing districts Nos. 1 I,
12, and 13.
�g) The city may establish additiona] tax increment financin� districts consistin�
of parcels identified ii�ara��h (ai which it does not include in the Northstar Transit
District under �eneral law The provisions of para r�aph (c) applYto these districts and the
permitted �oolin�percentage for the districts under Minnesota Statutes, section 469.1763,
subdivision 2 is increased to 30 percent The provisions of �aragraphs (b) !d� and
�f do not �plv to these disiricts The authoriil! to create districts under this authoritv
ex�res on December 30 2017.
EFFECTTVE DATE This section is effective upon approval bv the �overnin� bodv
Page 1 of 2
https://www.revisor.leg.state.mn.us/binlbldbill.php?bill=cci�'f3149B.html&session=1s85 5/20/2008
H.F. No. 3149B, Conference Committee Report - 85th Legislative Session (2007-2008) Page 2 of 2
69 • 22 of the city_of Fridle a� nd upon compliance bv the citv with Minnesota Statutes, section
69 . z3 645.021, subdivision 3.
https://www.revisor.leg.state.mn.us/bin/bldbill.php?bi1l=c�f3149B.html&session=1s85 . 5/20/2008
645.021, Minnesota Statute
200� Minnesota Statutes
645.021 SPECIAL LAWS.
Subdivision 1. Name required. A special law as defined in the Minn.esota. Constitution,
article XII, section 2, shall name the local government urut to which it applies. If a special law
applies to a group of local government units in a single coturty or in a number of contiguous
counties, it shall be su�cient if the law names the county or counties where the affected units
are situated.
Subd. 2. Local approval required. A special law shaI] not be effective without approvai of
the local government unit or units affected, except as provided in section 645.023. Approval shall
be by resolution adopted by a majority vote of all members of the governing body of the unit
unless another method of approval is specified by the particular special law.
Subd. 3. Filing required. The chief clerical officer of a local governrnent unit shall, as soon
as the unit has approved a special law, file with the secretary of state a certificate stating the
essential facts necessary to valid approval, including a copy of the resolution of approval or, if
submitted to the voters, the number of votes cast for and against approval at the election. The
form of the certificate shall be prescribed by the attorney general and copies shall be furnished by
the secretary of state. If a local government unit fails to file a certificate of approval before the
first day of the next regular session of the legislature, the law is deemed to be disapproved by such
unit unless otherwise provided in the special law.
Subd. 4. Previously enacted law. Laws 1959, chapter 368, does not apply to any speciallaw
heretofore enacted, whether or not it has been approved by the local government unit affected, but
such unit shall file with the secretary of state a certificate of approval for such law as required in
subdivision 3.
History: 1959 c 368 s 1,2; 1979 c 176 s 1�
https://www.revisor.leg. state. mn.us/statutes/?id=645.0216
Page 1 of 1
6/3/2008
RESOLUTION NO.
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 366, Article 5, Section 24 (the "Special
Law") was enacted by the Legislature of the State of Minnesota and signed into law by Governor
Timothy Pawlenty on May 29, 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 that upon 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 next regular session of the Legislature.
WHEREAS, the first day of the ne�t regular session of the Legislature is Tuesday, 7anuary
6, 2009.
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 Skogen, the duly qualified Clerk of the City of Fridley, County of Anoka, Minnesota,
hereby certify that the foregoing is a true and correct copy of Resolution No. passed by
the City Council on the day of , 2008.
DEBRA A. SKOGEN - CITY CLERK
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 chief clerical officer of the City of
Fridley, Minnesota DOES HEREBY CERTIFY, that in compliance with the provisions of Laws
of Minnesota 2008, Chapter 366, Article 5, Section 24 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 day of , 2008, by resolution did
approve said Laws of Minnesota 2008, Chapter 366, Article 5, Section 24 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.
Signed
(Official designation of officer)
(This form prescribed by the Attorney General and furnished by the Secretary of State as required in Minnesota Statutes 645.021.)
* If eatraordinary majority is required by the special law, insert fraction or percentage here.
�
�
CfTY OF
FRIDLEY
Date:
To:
From:
Subject:
AGENDA ITEM
CITY COUNCIL MEETING OF JUNE 9, 2008
June 4, 2008
Wlliam Burns, City Manager
Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Stacy Stromberg, Planner
Special Use Permit Request, SP #08-07, Michael Jackson (Franklin Builders)
M-08-14
INTRODUCTION
The petitioner, Michael Jackson, of Franklin Builders Inc., is seeking a special use permit to
allow limited outdoor storage of construction materials and equipment and vehicles within a
fenced in area in the rear yard of the property at 7865-69 Beech Street. The enclosed storage
area is approximately 24 ft. by 61 ft.
City Code allows limited outdoor storage in the S-3, Heavy Industrial Onaway zoning district that
is up to 50% of the building footprint with a special use permit. The buildings square footage is
4,503 square feet, so City code would allow up to 2,251 sq. ft. of outdoor storage on this site. A
24 ft. by 61 ft. (1,464 sq. ft.) fenced in area already exists in the rear of the lot that is screened
from the public right-of-way. This area is where the petitioner currently has the outdoor storage
of construction materials and equipment. Vehicle storage for the business the property owner
leases to is also located in this area.
Since the staff report was written for the Planning Commission, the petitioner has submitted a
survey of the property showing how he plans to meet the code requirements for 9 parking stalls.
In order to accomplish this, the outdoor space will need to be reduced to accommodate 1
parking stall. As a result the new storage area will be approximately 24 ft. by 50 ft., which is
1,200 sq. ft. Staff has determined that this is an acceptable solution and as a result stipulation
one can be removed.
PLANNING COMMISSION RECOMMENDATION
At the May 21, 2008, Planning Commission meeting, a public hearing was held for SP #08-07.
After a brief discussion, the Planning Commission recommended approval of special use permit,
SP #08-07, with the stipulations as presented by staff at the meeting.
THE MOTION CARRIED UNANIMOUSLY.
PLANNING STAFF RECOMMNEDATION
City Staff recommends concurrence with the Planning Commission.
STIPULATIONS
1. Nine code complaint parking stalls shall be striped within 60 days of issuance of this
special use permit.
2. No outdoor storage other than the existing enclosed area in the rear yard shall exist on
the site without an additional special use permit being approved.
3. The petitioner shall receive approval from the Fire Marshal for the types of materials
stored outside within 30 days of issuance of this special use permit.
4. No junk (inoperable or unlicensed) vehicles shall be stored on site.
5. All vehicles shall be parked in designated parking stalls.
City of Fridley Land Use Application
SP #08-07 May 21, 2008
GENERAL INFORMATION
Applicant:
Michael Jackson
16100 Andrie Street NW
Ramsey MN 55303
Requested Action:
Special Use Permit to allow exterior
storage of materials in the S-3, Heavy
Industrial Onaway Addition zoning
district.
Existing Zoning:
S-3 (Heavy Industrial Onaway Addition)
Location:
7865-69 Beech Street
Size:
10,849 sq. ft. .25 acres
Existing Land Use:
Industrial building
Surrounding Land Use & Zoning:
N: Industrial & S-3
E: Industrial & S-3
S: Industrial & S-3
W: Industrial & S-3
Comprehensive Plan Conformance:
Consistent with Plan
Zoning Ordinance Conformance:
Sec. 205.25.01.C.12 requires a special
use permit to allow limited outdoor
storage.
Zoning History:
1911 — Lot is platted.
1969 — Building constructed.
1989 — Entry constructed.
Legal Description of Property:
Lots 20 & 21, Block 2, Onaway Addition
Public Utilities:
Building is connected.
Transportation:
Beech Street and the alley behind the
building provide access to the property.
Physical Characteristics:
Lot consists of building, hard surface
parking areas, and a small grassy area
in front of the building.
SU M MARY OF PROJECT
SPECIAL INFORMATION
The petitioner, Mr. Jackson is seeking a special
use permit to allow limited outdoor storage of
construction materials and equipment and
vehicles within a fenced in area in the rear yard
of the property located at 7865-69 Beech
Street.
SU M MARY OF ANALYSIS
City Staff recommends approval of this special
use permit, with stipulations.
Limited outdoor storage is a permitted special
use in the S-3, Heavy Industrial Onaway
Addition zoning district, provided specific code
requirements are met, subject to stipulations.
CITY COUNCIL ACTION/ 60 DAY DATE
City Council — June 9, 2008
Existing Building
Staff Report Prepared by: Stacy Stromberg
SP #08-07
REQUEST
The petitioner, Michael Jackson, of Franklin Builders Inc., is seeking a special use permit to
allow limited outdoor storage of construction materials and equipment and vehicles within a
fenced in area in the rear yard of the property at 7865-69 Beech Street. The enclosed storage
area is approximately 24 ft. by 61 ft.
HISTORY AND ANALYSIS
The subject property is zoned S-3, Heavy Industrial,
Onaway Addition as are all surrounding properties. It is
located on Beech Street, south of 79th Avenue. The
existing building was constructed in 1969 and an entry was
added in 1989. In 1998, the City created a new zoning
district for industrial lots below one and one half acres in
size, with special attention to the Onaway Addition. The
creation of this zoning district allowed lots in the Onaway
Addition to become in-compliance with the code as it
recognized the small lot sizes. In 2004, the property was
granted three variances. Two of them were to recognize
existing non-conforming setbacks on the north and west
sides. The third variance was granted to allow an addition
to the south side of the building. That addition was never
constructed and as a result that portion of the variance is
null and void.
���H �,�`�
��a�� a�,��
In June 2006, staff notified the owners of the subject
property that there were code violations on their property, which is used for the Franklin Builders
business on the south end of the building and leased to an auto body business on the north end
of the building. The outside storage violations came to staff's attention when the auto body
business failed to apply for their annual license and the City Clerk asked that Planning staff
investigate. An auto body business of a different name then later applied for an annual auto
body repair license. Because of outside storage violations, Planning staff was reluctant to
approve the annual permit. Under advisement from our City Attorney, staff did eventually
approve the license and we continued to send letters to the property owner and the auto body
business owner that code violations at the property needed to be resolved. Staff had called and
written several letters trying to get the violations resolved. About one year ago, the property
owners were asked one more time to meet with staff to discuss the violations at the site. Staff
was able to meet with Michael Jackson, one of the owners, to explain that the property owner
needed to apply for a special use permit if they were going to continue to have outside storage
at this facility. When no special use permit was received several months later, staff issued
citations to all of the owners of the property.
The owners of the property and the owner of the auto body business have not had a clear
understanding throughout this process about how the auto body business can be compliant with
City codes. The auto body business only has room to store two vehicles inside the building at
night. Staff has tried to communicate the code requirements that state the business cannot use
on-street parking for the storage and delivery of customer vehicles. Staff has also tried to
communicate that the business cannot store any vehicles outside the front of the building
overnight, yet unlicensed and inoperable vehicles are often stored outside overnight.
When this code enforcement case began, the rear yard of the property along the alley was
fenced in with a chain link fence without screening. Sometime between May and November
2007, the owner has added slats to the chain link fence, but no special use permit allowing
outside storage was obtained.
The arraignment for this court case occurred Nov. 26, 2007. A pre-trial date occurred on
December 11, 2007. The pre-trial date was postponed to February 29, 2008 to allow Mr.
Jackson time to evict the auto body repair tenant. At pre-trial, Mr. Jackson indicated that he
instead planned to apply for a special use permit for outside storage. A trial date is set for May
5, but staff will likely advise our attorney to request a postponement of the trial until later to allow
time for the special use permit application process to unfold.
As a result of the court action, the petitioner
has applied for a special use permit to allow
limited outdoor storage on the site. City
Code allows limited outdoor storage in the S-
3, Heavy Industrial Onaway zoning district
that is up to 50% of the building footprint with
a special use permit. The buildings square
footage is 4,503 square feet, so City code
would allow up to 2,251 sq. ft. of outdoor
storage on this site. A 24 ft. by 61 ft. (1,464
sq. ft.) fenced in area already exists in the
rear of the lot that is screened from the
public right-of-way. This area is where the
petitioner currently has the outdoor storage
of construction materials and equipment.
Vehicle storage for the business the property
owner leases to is also located in this area.
Before the special use permit can be issued
there are additional requirements that need
to be met. Those specific requirements
relate to height, screening, parking, and the
types of materials allowed to be stored
outside. City code requires the existing
businesses to have 9 parking stalls based on
the breakdown of uses within the building. City code also states that each parcel shall provide
enough off-street parking for the businesses located on site. The petitioner has submitted a
survey of the property; however the location of parking stalls and the amount of parking stalls on
the site hasn't been identified. As a result, City staff will stipulate that a site plan identifying
code complaint parking stalls be submitted and approved within 30 days of issuance of this
special use permit. While the businesses located in the building may not need a lot of parking
stalls for employees, it is apparent to staff that several stalls need to be designated as customer
parking for the auto body business. If code compliant stalls can't be acquired along the west
and south sides of the property, the petitioner will have to reduce the size of the outdoor storage
area in the rear of the lot to make room for additional parking stalls.
The proposed site plan will be in compliance with all other code requirements for outdoor
storage.
City staff hasn't heard from any neighboring property owners.
RECOMMENDATIONS
City Staff recommends approval of this special use permit, with stipulations.
Limited outdoor storage is a permitted special use in the S-3, Heavy Industrial Onaway Addition
zoning district, provided specific code requirements are met, subject to stipulations.
STIPULATIONS
Staff recommends that if the special use permit is granted, the following stipulations be
attached.
1. The petitioner shall submit a site plan to City staff within 30 days of issuance of this
special use permit identifying the location of 9 code complaint parking stalls.
2. Nine code complaint parking stalls shall be striped within 60 days of issuance oft this
special use permit.
3. No outdoor storage other than the existing enclosed area in the rear yard shall exist on
the site without an additional special use permit being approved.
4. The petitioner shall receive approval from the Fire Marshal for the types of materials
stored outside within 30 days of issuance of this special use permit.
S. No junk (inoperable or unlicensed) vehicles shall be stored on site.
6. All vehicles shall be parked in designated parking stalls.
�
�
CfTY OF
FRIDLEY
Date:
To:
From:
Subject:
AGENDA ITEM
CITY COUNCIL MEETING OF JUNE 9, 2008
June 4, 2008
Wlliam Burns, City Manager
Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Stacy Stromberg, Planner
Special Use Permit Request, SP #08-08, Amsum & Ash Inc.
M-08-13
INTRODUCTION
The petitioner, Zachary Hallberg, on behalf of Amsum & Ash, is seeking a special use permit to
allow limited outdoor storage of granite slabs on metal racking within a fenced in area in the
side yard of the property at 30 52nd Way. The petitioner is requesting to store granite slabs in
two designated storage areas, one of which will be 10 ft. by 150 ft. (1,500 sq. ft.) and the
second is 42 ft. by 60 ft. (2,520 sq. ft.).
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 buildings square footage is 38,493 square feet,
so City code would allow up to 19,246 sq. ft. of outdoor storage on this site. The petitioner is
requesting to store granite slabs in two designated storage areas, one of which will be 10 ft. by
150 ft. (1,500 sq. ft.) and the second is 42 ft. by 60 ft. (2,520 sq. ft.). Total outdoor storage area
proposed is 4,020, which is 15,226 square feet less than what is allowed by code for this
property.
PLANNING COMMISSION RECOMMENDATION
At the May 21, 2008, Planning Commission meeting, a public hearing was held for SP #08-08.
After a brief discussion, the Planning Commission recommended approval of special use permit,
SP #08-08, with the stipulations as presented by staff.
THE MOTION CARRIED UNANIMOUSLY.
PLANNING STAFF RECOMMNEDATION
City Staff recommends concurrence with the Planning Commission.
STIPULATIONS
1. No outdoor storage other than the proposed two designed areas shall exist on the site
without an additional special use permit being approved.
2. Screening gate to outdoor storage area shall remain closed to allow proper screening
unless in use.
3. All of the business' unauthorized signs need to be removed from the site and
surrounding neighborhood.
4. Free-standing signage on site requires sign permit approval.
City of Fridley Land Use Application
SP #08-08 May 21, 2008
GENERAL INFORMATION
Applicant:
Amsum & Ash Inc
Zachary Hallberg
30 52nd Way NE
Fridley MN 55421
Requested Action:
Special Use Permit to allow exterior
storage of materials in an M-2, Heavy
Industrial zonina district.
Existing Zoning:
M-2 (Heavy Industrial)
Location:
30 52nd Way NE
Size:
101,350 sq. ft. 2.33 acres
Existing Land Use:
Industrial
Surrounding Land Use & Zoning:
N: Industrial & M-2
E: Industrial & M-2
S: Industrial & M-2
W: Industrial & M-2
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:
1985 — Lot is platted.
1995 — Building constructed.
1997 — Building addition constructed.
1999 — Building addition constructed.
Legal Description of Property:
Outlots I I and JJ and that Part of Lot 1,
Block 10, lying east of the west 39 feet
thereof, all in the Great Northern
Industrial Center, subject to easement of
record.
Public Utilities:
Building is connected.
Transportation:
The property is accessed from 52na
Physical Characteristics:
Building, hard surface parking areas and
landscaping.
SPECIAL INFORMATION
SU M MARY OF PROJECT
The petitioner, Mr. Hallberg, on behalf of
Amsum & Ash Inc., is seeking a special use
permit to allow limited outdoor storage of slabs
of granite within a fenced in area in the side
yard of the property located at 30 52nd Way.
SU M MARY OF ANALYSIS
City Staff recommends approval of this special
use permit, with stipulations.
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 — June 9, 2008
60 Day — June 16, 2008
Existing Building
Staff Report Prepared by: Stacy Stromberg
SP #08-08
REQUEST
The petitioner, Zachary Hallberg, on behalf of Amsum & Ash, is seeking a special use permit to
allow limited outdoor storage of granite slabs on metal racking within a fenced in area in the
side yard of the property at 30 52nd Way. The petitioner is requesting to store granite slabs in
two designated storage areas, one of which will be 10 ft. by 150 ft. (1,500 sq. ft.) and the
second is 42 ft. by 60 ft. (2,520 sq. ft.).
HISTORY AND ANALYSIS
The property is zoned M-2, Heavy Industrial as
are all surrounding properties. It is located on
the corner of 52nd Way and Ashton Avenue.
The property was developed in 1995, with the
construction of a 17,760 square foot building.
Two additions have since been constructed to
the original building in 1997 and 1999.
While doing code enforcement inspections in
this neighborhood, it came to staff's attention
that this property is in noncompliance with
outdoor storage requirements as are several
other businesses in this neighborhood. As a
result, a letter was sent to the 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. As a
result, the petitioner has requested a special use permit.
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 buildings square footage is 38,493 square feet,
so City code would allow up to 19,246 sq. ft. of outdoor storage on this site. The petitioner is
requesting to store granite slabs in two designated storage areas, one of which will be 10 ft. by
150 ft. (1,500 sq. ft.) and the second is 42 ft. by 60 ft. (2,520 sq. ft.). Total outdoor storage area
proposed is 4,020, which is 15,226 square feet less than what is allowed by code for this
property.
Before the special use permit can be issued, several additional requirements need to be met.
Those specific requirements relate to height, screening, parking, and the types of materials
allowed to be stored outside. According to the site plan submitted, the existing building is
42,467 sq. ft. with the second floor office space. Of which, 2,160 sq. ft. is office space and the
remaining in warehouse space. Based on these numbers, 29 parking stalls would be required.
The site plan submitted shows 28 parking stalls left after the outdoor storage areas have been
identified. As a result, the subject property with be short by one parking stall. City staff would
consider this appropriate based on the existing needs of the business. If those needs were to
change, the proof of parking area would need to be striped and maintained for vehicle parking.
The petitioner plans to enclose the entire outdoor storage area with a chain link fence with slats,
which will allow for proper screening. The gate to access the yard will also be required to be
screened and will have to
remain closed unless it's being
used to ensure proper screening
of the outdoor storage area.
The proposed site plan meets all
other code requirements.
City staff hasn't heard from any
neighboring property owners.
RECOMMENDATIONS
City Staff recommends approval
of this special use permit, with
stipulations.
Limited outdoor storage is a
permitted special use in the M-2,
Heavy Industrial zoning district,
provided specific code
requirements are met, subject to
stipulations.
STIPULATIUNS
Staff recommends that if the special use permit is granted, the following stipulations be
attached.
1. No outdoor storage other than the proposed two designed areas shall exist on the site
without an additional special use permit being approved.
2. Screening gate to outdoor storage area shall remain closed to allow proper screening
unless in use.
3. All of the business' unauthorized signs need to be removed from the site and
surrounding neighborhood.
4. Free-standing signage on site requires sign permit approval.
�
�
CffY OF
FRIDLEY
TO:
FROM:
DATE:
SUBJECT
AGENDA ITEM
CITY COUNCIL MEETING OF JUNE 9, 2008
William W. Burns, City Manager
James P. Kosluchar, Public Works Director
Layne R. Otteson, Assistant Public Works Director
June 9, 2008
PW08-022
Receive Plans and Authorize Advertisement for Bids for Water Tower No. 2
Rehabilitation, City of Fridley Project No. 377.
Water Tower No. 2, located on Trunk Highway 65 is in need of maintenance to its coating system. The
coating system on a tank is an integral part of maintaining the tank's structural integrity. An internal and
external inspection of the tank, completed last month, revealed the following:
1. The Interior wet coating is failing due to poor adhesion and poor surface prep.
2. Interior dry coating is failing in certain areas only.
3. Exterior needs to be recoated.
4. Miscellaneous structural and weld repairs are needed (which is typical) on the interior and
exterior.
5. Upgrades are required, including three (3) new 24" manways and handrail modifications to
meet new OSHA code interpretations.
6. There is no lead paint detected on the existing paint systems.
In general, the project consists of repainting the existing 1.5 Million Gallon Hydropillar Elevated
Reservoir, and provide miscellaneous structural repairs, related work, containment, and all associated
work to address the needs listed above.
We have considered bidding Rehabilitation of Water Tower No. 1, at the Commons Plant with this
project, but have concluded that there would be no advantage in bidding these projects together, as the
Commons Tower will have to be worked on in the spring, and contractors are likely to bid less
aggressively for work that is nine or more months away.
We are intending to receive bids on July 2, and work will commence in August 2008. The estimated
cost of the project is $1,175,000, including engineering and inspections. The project will be financed
through a Water Fund Bond issue, paid by water rates that now support this project.
Engineering staff recommends authorization to advertise for bids for the work above.
J PK: LO
� AGENDA ITEM
� COUNCIL MEETING OF JUNE 9, 2008
�ffY �F
FRIDLEY
CLAIMS
136831 -137104
� AGENDA ITEM
� CITY COUNCIL MEETING OF JUNE 9, 2008
��F LICENSES
FRIDLEY
License T e' Name ' A roved b``:
Junk Yard Central Auto Parts Communit Develo ment
Jerr A. Halu tzok Fire De artment
Police De artment
Buildin Ins ector
Street Vending A& B City Clerk
Ahmed Jasim Al-Sudani Police De artment
Parks Director
Tree Removal/Treatment Co 's Oak Hill Tree & Public Works Su erintendent
Landsca in
Core Treb
Li uor On-Sale Tem ora Fridle Columbia Hei hts Police De artment
Rota
Gerald Mrosla
� AGENDA ITEM
� CITY COUNCIL MEETING OF JUNE 9, 2008
��F LICENSES
FRIDLEY
Contractor T e A licant A roved B
Allina Health Systems Commercial or Denis Marek Ron Julkowski, CBO
S ecialt
Anderson Burner Service Inc Heatin Howard Anderson Ron Julkowski, CBO
Anderson Heatin & A/C Inc Heatin Che 1 Whittenber er Ron Julkowski, CBO
Arrow Desi ns Inc Si n Erector Bruce Cardinal Ron Julkowski, CBO
B& B Hardwood Flooring/ Commercial or Brian Stanlaski Ron Julkowski, CBO
DBA Mastiff S ecialt
Delly Construction Inc Commercial or Andrew Delly Ron Julkowski, CBO
S ecialt
Donnell Brothers Construction Plasterin Mark Donnell Ron Julkowski, CBO
Fireside Hearth & Home Gas John Sachen Ron Julkowski, CBO
G& G Roofin Roofin Wa ne Gehrke Ron Julkowski, CBO
Hamlin Mechanical Heatin Jeren Hamlin Ron Julkowski, CBO
Heatin & Coolin Solutions Inc Heatin Brian R chl Ron Julkowski, CBO
John A Dalsin & Sons Inc Roofin Brian Bar sten Ron Julkowski, CBO
Newmech Com anies Inc Heatin Pamela Fa Johnson Ron Julkowski, CBO
Newmech Com anies Inc Gas Pamela Fa Johnson Ron Julkowski, CBO
Newmech Companies Inc Commercial or Pamela Fay Johnson Ron Julkowski, CBO
S ecialt
Riad Dzaferovic Commercial or Riad Dzaferovic Ron Julkowski, CBO
S ecialt
Sedgwick Heating & A/C Gas Paul Heisler Ron Julkowski, CBO
Sed wick Heatin & A/C Gas Paul Heisler Ron Julkowski, CBO
Si ns b Tomorrow Si n Erector Jim Kaczrowski Ron Julkowski, CBO
Suburban A/C Co Inc Heatin Krisandra French Ron Julkowski, CBO
Swenson Heatin & A/C Inc Gas Gre Swenson Ron Julkowski, CBO
Swenson Heating & A/C Inc Heating Gregg Swenson Ron Julkowski, CBO
�
�
�ffY �F
FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF JUNE 9, 2008
ESTI MATES
Standard Sidewalk
10841 Mankato Street N.E.
Blaine, NIN 55434
2008 Miscellaneous Concrete Repairs No. 375
EstimateNo. 1 .............................................................................................. $ 7,812.45
Midwest Asphalt
5929 Baker Road
Suite 420
Minnetonka, MN 55345
2008-1 Street Improvement Project
Estimate No. 1 ...............................
.. $127, 594.26
�
�
�ffY �F
FRIDLEY
To:
From:
AGENDA ITEM
CITY COUNCIL MEETING OF
June 9, 2008
William W. Burns, City Manager
Richard D. Pribyl, Finance Director
Debra A. Skogen, City Clerk
Date: June 4, 2008
Re: Public Hearing on Ordinance Proposing to Amend Fridley City Charter
Chapters 2-6
During the past several years the Fridley Charter Commission has been reviewing the City
Charter Chapter by Chapter for consistency and terminology to bring the Charter into the 21st
century and make it easier for citizens to understand. Staff provided examples of other city
charters as well as pertinent state statute citations or language to help the Commissioners in their
decision-making process. The Commission completed their review of Chapters 1 through 6 and
provided the information to the City Council in January for their review and comment. After
hearing from the Council, the Charter Commissioner recommended the Charter be amended by
ordinance.
Chapter 410.12, subd. 7, of the Minnesota Statutes allows an amendment by ordinance upon
recommendation of the Charter Commission. It requires publication of the proposed amendment
at least two weeks before the public hearing before the City Council, and the ordinance must be
adopted within one month of the public hearing requiring a unanimous vote of the City Council.
The legal notice was published in the May 22nd, 29th and June Sth editions of the Fridley Sun
Focus.
The Charter Commission recommends the following changes:
Chapter 1— the Commission reviewed the chapter and found there was no need for any changes
at this time.
Chapter 2
Section 2.02.1 - added language for further clarification;
Section 202.6 — changed language to make it consistent with state language
Chapter 3 -
Section 3.01 — since most conference meetings are done at the same time as the city
council meetings, the Commission felt the language in the charter should be changed to reflect
that activity. It also does not limit the Council from adding additional conference meetings.
Section 3.02 — changed choose to approve as the secretary is usually recommended by the
City Manager.
June 9, 2009 Council Memo Page 2
Chapter 3 continued�
Section 3.04 — changed noes to nays
Section 3.06 — changed noes to nays
Section 3.10 — due to the advanced technology and the city clerks role to maintain the
city code in electronic form, the Commission agreed to change codification from 5 to 10 years.
Chapter 4
Section 4.02 — language remains basically the same, with the exception of changing
regular to general, as to keep the terminology consistent with the state statute.
Section 4.08 — changed the language to reflect current state law or procedures pertaining
to primary and general elections.
Chapter 5
Section 5.02 — change the word pecuniary to monetary and changing the sentence
structure.
Section 5.07 — changing 49 days to 53 days to make it consistent with state law
Section 5.12.1 —new language to clarify referendum repealing charter amendment is set
forth in MN statutes
Section 5.12.2 — just renumbered and new title
Section 5.13.4 — slight language change without changing meaning
Section 5.14 - changing 49 days to 53 days to make it consistent with state law
Section 5.19 - changing 49 days to 53 days to make it consistent with state law
Section 5.21 — this section was changed by removing language at the bottom of the
paragraph and bringing it to the top of the paragraph. This will hopefully clarify what to do if an
officer resigns or what to do if an officer does not resign.
Chapter 6
Section 6.06 — inclusion of rental or lease language and change or restructuring of
language pertaining to emergency ordinance.
Staff recommends holding the public hearing to amended Fridley City Charter Chapters 2
through 6.
ORDINANCE NO.
AN ORDINANCE AMENDING THE FRIDLEY HOME RULE CHARTER, CHAPTER 2.
CITY COUNCIL ORGANIZATION, CHAPTER 3. PROCEDURE OF COUNCIL, CHAPTER
4. NOMINATIONS AND ELECTIONS, CHAPTER 5. 1NITIATIVE, REFERENDUM AND
RECALL AND CHAPTER 6. ADMINISTRATION OF CITY AFFAIRS
After consideration and recommendation of the Fridley Charter Commission, the Fridley City
Council hereby ordains, after findings, review, and examination, that the Fridley Home Rule
Charter be hereby amended as follows:
SECTION 1: THAT CHAPTER 2 OF THE FRIDLEY
HEREBY AMENDED AS FOLLOWS:
CHAPTER 2. CITY COUNCIL
SECTION 2.02. ELECTIVE OFFICERS.
1
�
The Council shall be composed of a
eligible voters as defined bv Section l
The Council shall �e�ke
canvassing board for ci
SECTION 2: THAT CHAPTER 3 OF
HEREBY AMENDED AS FOLLOWS:
CHAl'TER 3. PR
TI
OF COUNCIL
RULE CHARTER BE
who shall be
serve as the
RULE CHARTER BE
SECTION 3.01. COUNCIL MEETINGS
3. From time to time the Council may hold con�erence meetings at which matters are discussed
but no formal action is taken. Most conference meetin�s should be scheduled at the same time
as the Citv Council schedule is made bv resolution.
Section 3.02. SECRETARY OF COLTNCIL.
The Council shall e�eese approve a Secretary to serve at its meetings. The Secretary shall prepare
the journal of minutes of proceedings. The Secretary shall also prepare other records and perform
other duties as may be required by this Charter or by vote of the Council. The Council may
designate any official c�� emp�oyee of the City, except the City Manager or a member of the Council,
to act as Secretary of the Council. . .
Section 3.04. ORDINANCES, RESOLUTIONS AND MOTIONS.
Except as otherwise provided in this Charter, all legislation shall be by ordinance. Every ordinance
and resolution shall be presented in writing and read in full at a Council meeting. All administrative
business may be transacted by ordinary motion. Upon the vote on ordinances, motions, and
resolutions the ayes and �ees navs shall be recorded unless the vote is declared unanimous. An
affirmative vote of at least three (3) members of the Council is required for the passage of all
ordinances, except as otherwise provided in this Charter. Resolutions and motions require a
majority vote of the Councilmembers in attendance at the meeting except as otherwise provided in
this Charter. «°� n,-,a , n���
Ordinance No.
Section 3.06. EMERGENCY ORDINANCES.
Page 2
An emergency ordinance is an ordinance necessary for the immediate preservation of the
public peace, health, morals, safety or welfare in which the emergency is defined and
declared, and which is passed by a vote of at least three (3) members of the Council, as
recorded by ayes and �ees navs.
Section 3.10. CODIFICATION OF ORDINANCES.
The ordinances of the City shall, at intervals of not more than €r�e-(5� ten 10 years, be rearranged
and codified with such additions and deletions as may be deemed necessary by the Council. The
codification shall be published in book or continuously revised loose-leaf form or stored by
electronic means such as a computer. Copies of the Code of City Ordinarices or any portion of it
shall be made available by the Council at the office of the City Clerk.for general distribution to the
public at a reasonable charge. Each copy shall contain a printed certificate attested to by the City
Clerk, that the publication is correct, and each copy so published shall be received in evidence in all
courts for the purpose of providing the ordinances contained in it, the same as if the original
ordinances were produced in court. �p °� n,-,a , n�n�
SECTION 3: THAT CHAPTER 4 OF THE FRIDLEY HOME RULE C�IARTER BE
HEREBY AMENDED AS FOLLOWS:
CHAPTER 4. NOMINATIONS AND ELECTIONS
Section 4.02. REGLTLAR MUNICIPAL ELECTIONS.
p°�„'�r m„„;�;„�' °'°�*;�„� �'��"'�°'�°'�' Oen the first Tuesday after the first Monday in November
municipal �eneral elections shall be held, at such place �r �laces as the City Council may
designate by resolution. � General municipal elections shall be held every even numbered
year. The Council may divide the City into as many voting p�recincts as it may from time to time
deem necessary. Eac�i ward shall c�stitute at least one (1) voting precinct and no precinct shall be
in more than one (1) ward. At least f'ifteen (15) days' notice shall be given by the City Clerk of the
time and places of holding s��h elec�on,; and of �he officers to be elected, by posting a notice
thereof in at 1
least once in `
such election.
Section 4.08. �:
If more than ;1
election returns
ASS
in each vc��ing precinct and by publishing a notice thereof at
� the City, �but failure to give such notice shall not invalidate
AND TAKING OF OFFICE.
the Council shall meet and canvass the primarv
Their names shall be certified bv the citv clerk to the Countv Auditor who shall place them on
the municipal �eneral election ballot without partisan desi�nation. The Council shall meet
and canvass the �eneral (re�ular) election or special election returns within seven (7) calendar
days after any regular or special election, shall make full declaration of the results, and file a
statement thereof with the City Clerk Said statement shall be made a part of the minutes. This
statement shall include: (a) the total number of good ballots cast; (b) the total number of spoiled or
defective ballots; (c) the vote for each candidate, with a declaration of those who are elected; (d) a
true copy of the ballots used; (e) the names of the judges of election; and (� such other information
as may seem pertinent. The City Clerk shall forthwith notify all persons elected of the fact of their
election, and the persons elected shall take office at the time provided for by Section 3.01, upon
taking subscribing and filing with the City Clerk the required oath of office. �°�.�� �
Ordinance No. Page 3
SECTION 4: THAT CHAPTER 5 OF THE FRIDLEY HOME RULE CHARTER BE
HEREBY AMENDED AS FOLLOWS:
CHAPTER 5. INITIATIVE, REFERENDUM AND RECALL
Section 5.02. Expenditures by Petitioners
No member of any initiative, referendum, or recall committee, no circulator of a signature paper,
and no signer of any such paper, or any other person, shall accept or offer any reward, �ee�
monetarv or otherwise, for service rendered in connection with the circulation thereof.�T�his
shall not prevent the committee from paying for legal advice� and from incurring an expense not
to exceed $200 for stationery, copying, printing, and notaries fees..."
Section 5.07. Action of the Council on Petitions ���������������
When the completed petition is found to be sufficient, the City Clerk shall transmit the initiative
petition to the Council at its next meeting, stating the number of petitioners and the percentage of
the total number of registered voters which they constitute, and the Council shall at once read the
ordinance and refer it to an appropriate committee, which may be a committee of t��e whole. The
committee or Council shall thereupon provide for pu�lic hearings upon the ordinance; after the
holding of which the ordinance shall be finally ac�ed aupon by;a the Council not later than
sixty-five (65) days after the date upon which it was submitted �to the Council by�the City Clerk.
If the Council fails to pass the proposed ordinance, or passes it in a form different from that set
forth in the petition and unsatisfactory ���� to the petitioner,� the ;proposed ordinance shall be
submitted by the Council to the electorate at the next regular municipal election; but if the
number of signers of the petition is equal to at least fifteen percent �����(15%) of the total number of
registered voters, the Council shall call a s�ecial electic�� upon� the measure. Such special
election shall be held not les� than fiftv-three (53) nor more than sixty (60) days
from the date of final ac�ion on the �ordinance by the Council or after the expiration of sixty-five
(65) days from the date of submissic�n to the Councal when there has been no final action; but if a
regular election is to occur within three (3) months, the'�Council may submit the ordinance at that
election. If the Council passes the proposed ordin�nce with amendments and at least four-fifths
(4/5) of the committee of petitioners do not express their dissatisfaction with such amended form
by a statement filed with the City Clerk within ten (10) days of the passage thereof by the
Council, the ordinance need not be submitted to the electorate. (Re£ Ord. 857, 1142)
Section 5.12. FILING OF REFERENDUM PETITIONS
1. REFERENDUM PETITION PROPOSING REPEAL OF CHARTER
AMENDMENT
2. REFERENDUM PETITION PROPOSING REPEAL OF AN ORDINANCE
Within five (5) days after the filing of the completed referendum petition, the City Clerk
shall ascertain by examination the number of signatures appended thereto and whether this
number is at least fifteen percent (15%) of the total number of registered voters, as of
January lst of that year. If the City Clerk finds the petition insufficient or irregular, the City
Clerk shall at once notify one (1) or more of the committee of sponsors of that fact, stating
the reasons for the insufficiency or irregularity. The committee shall then be given thirty
(30) days in which to file additional signature papers and to correct the petition in all other
particulars. If at the end of that period the petition is found to be still insufficient or
irregular, the petition shall be filed in the City Clerk's office, no further action shall be
Ordinance No.
Page 4
taken, and the ordinance will become effective immediately or on the date specified. The
City Clerk shall notify each member of the committee of that fact. (Re£ Ord. 1142)
Section 5.13. REFERENDUM PETITIONS; SUSPENSION OF EFFECT ON ORDINANCE
When a referendum petition is filed with the City Clerk, the ordinance sought to be reconsidered
shall be suspended from taking effect. Such suspension shall terminate when:
1. There is a final determination of insufficiency of the petition; or
2. The petitioner's committee withdraws the petition; or
3. The council repeals the ordinance; or
4. Upon seven days after canvass of election is completed when a majority of those
voting � on anv such ordinance vote in favor of it.
Section 5.14. ACTION OF THE COLTNCIL ON REFERENDUM PETI'�IONS
If the referendum petition or amended referendum petition' is found ta be sufficient, the City
Clerk shall transmit the referendum petition to the Council at th�e next regular Council meeting.
The Council shall thereupon reconsider the ordinance and either repeal it or by� aye and �e �
vote re-affirm its adherence to the ordinance as passed. If the Council vote� to reaffirm the
ordinance, the Council shall immediately order a special election to be held thereon, not less than
fiftv-three (53) nor more than 60 days after �i�ch meeting, or submit the
ordinance at the next regular municipal election. (Ref. Ord, 1142)
Section. 5.19. RECALL ELECTION.
If the petition or amended petition is found s�
Council without delay, and shall also officia�lly
sufficiency of the petition and of the pending ��
resolution, provide for the hc�ldin� of a special t
three 53 nor more thar� sixty (60}����� days after si
within sixty (60) days after such rileeting, the
holding of the recall election at that time. (Re£ �
Section 5.21. FORM OF RECALL BALLOT.
the City �lerk shall transmit it to the
�e person �'�� sou�ht to be recalled of the
r�. The ',Council shall at its next meeting, by
ll election not less than ��*�� r�r° �^°` fiftv-
meeting, but if any other election is to occur
�uncil may in its discretion provide for the
1142)
1. If the officer sou�ht to be recalled resi�ns within ten (10) davs after the receipt bv
the Council of the completed recall petition, the Council shall declare the office vacant and
shall then fill the vacancv for the unexpired term in accordance with the Citv Charter,
Section 2.06.
2. If the officer sou�ht to be recalled
does not resi�n wii�rin ten "(10) days after the receipt by the Council of the completed recall
petition, the €e�re€ question to be placed on the ballot at � the recall election referenced
in Section 5.19 of the� Charter, shall be: "Shall be recalled?", the name of the
officer whose recall is sought being inserted in the blank, and those voting shall be permitted to
vote "Yes" or "No" upon this question. If a majority of those voting on the question of recall
vote in favor of recall (a majority voting_"Yes"), the officer shall be promptly removed from
office. The Council shall then fill the vacancy for the unexpired term in accordance with the
City Charter, Section 2.06. If a majority of those voting on the question of recall vote against
recall (a maj ority voting "No"), the officer shall continue in office with no further action
required.
�
, . .
Ordinance No. Page 5
SECTION 5: THAT CHAPTER 6 OF THE FRIDLEY HOME RULE CHARTER BE
HEREBY AMENDED AS FOLLOWS:
CHAPTER 6. ADMINISTRATION OF CITY AFFAIRS
Section. 6.06. CONTRACTS, HOW LET.
In all cases of contracts for the purchase, rental, or lease of inerchandise, materials or equipment�
or for any kind of construction work undertaken by the City, which require an expenditure of more
than that which is set by the State Statutes, ��'°°° *'�° r������' °'��" '��� �°°° �r�'�����°
' ', the City Manager shall advertise for bids by at least ��n (10) days published
notice in the official newspaper or other means authorized bv state statute. �' In accordance with
Section 3.06 of the citv charter the citv council has the authoritv to for �o this requirement
to advertise for bids. When a bid is required, it shall be let to the lowest responsible bidder who is
qualified in accordance with Minnesota State Statutes as det�rmined by the Council. The Council
may, however, reject any and all bids. Nothing contain�d in �his Section shall prevent the council
from contracting for the doing of work with patented processes, or from the purcha��ng of patented
appliances.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF 200_.
SCOTT J. LUND, MAYOR
ATTEST:
DEBRA A. SKOGEN, CITY �����, GJ
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FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF JUNE 9, 2008
Date: June 5, 2008
To:
From:
Subj ect:
William Burns, City Manager
Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Continued Public Hearing Regarding Special Use Permit SP #06-11 for Central Auto Parts
to Operate a Salvage Yard, Generally Located at 1201 — 73 '/2 Avenue NE
Background
On November 5, 2007, the City Council continued a public hearing to June 9, 2008 regarding the special use
permit (SUP) for Central Auto Parts. This public hearing originally began on June 25, 2007. The purpose of
the public hearing was to consider revocation of SP #06-01 since the stipulations tied to the business's
special use permit had not been met.
Central Auto Parts in an auto recycling business located on 73 '/2 Avenue just west of Central Avenue. In
2003, the business was found to not be in compliance and the stipulations from two previous special use
permits. These stipulations were combined into one new special use permit in 2003 in an effort to bring the
business into compliance with current code requirements. The business owner was given five years, with
benchmarks to meet each year, to demonstrate progress. In 2006, none of the benchmarks had been met, so
action to revoke the SUP began. The City Council then revoked SP #03-14 and issued a new SUP with a
revised timeline to bring the property into compliance by June 1, 2008.
On June 25, 2007, a public hearing was held to consider revocation of SP #06-11 because the business owner
had not met any of the stipulations. Because the owner demonstrated progress of obtaining RCWD approvals
the day of the public hearing, he was given additional time to demonstrate progress. The public hearing was
continued to November 5, 2007. Some progress had been made by the November continuance, but the
business was still behind schedule in completing the stipulations, so the public hearing was continued again
to June 9, 2008.
At a June 2, 2008 inspection, staff found that the business is not meeting four of the seven stipulations. Staff
still needs to approve a site plan, a landscape plan, an irrigation plan, and a screening/fence plan. In addition,
we understand from a Rice Creek Watershed District inspector that there are several items that they are
noncompliant on related to the storm water management system installed.
On a positive note, the business owner is working with RCWD and his contractor to address the watershed
district's concerns. Mr. Haluptzok is also getting assistance from his brother, Dick Haluptzok, who is an
architect, to develop the plans required in the stipulations.
Recommendation
Staff is confident that the business owner is attempting to become compliant due to the significant
investment made to date with the paving and pond construction on site. Therefore, staff recommends that the
City Council give the business owner this growing season to complete the site plan, landscape plan, irrigation
plan, and screening/fence plan, obtain staff approval of these plans and implement the related improvements
by September 1, 2008. The Council could then continue the public hearing until the next meeting after that
deadline, which is September 15, 2008.
�
�
�ffY �F
FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF JUNE 9, 2008
Date: June 5, 2008
To
From
Subj ect
William Burns, City Manager
Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Resolution Revoking Special Use Permit #06-11 for Central Auto Parts, generally located at
1201-73 '/2 Avenue NE
Background
On June 25, 2007, the Fridley City Council began a public hearing regarding revocation of Central Auto Parts'
special use permit SP #06-11. This SUP allows operation of an auto recycling business in an M-1 zoning district.
By June 1, 2008, the property was to be in compliance with all seven stipulations of the SUP. While the property
is not in compliance with all of the benchmarks prescribed in the Special Use Permit, the business owner has
made great progress in finishing the paving of the site and installation of storm water management features. In
addition, he appears to be making progress in developing plans to complete the remaining stipulations.
Recommendation
Staff recommends that the City Council table consideration of the attached resolution until their September 15
meeting, giving the business owner the current growing season (until September 1, 2008) to complete the
remaining stipulations. If the remaining stipulations are not completed by the business owner by September 1,
2008, the City Council can consider the resolution to revoke SP#06-11 at that time.
RESOLUTION NO. -2008
A RESOLUTION REVOKING SPECIAL USE PERMIT #06-11 FOR CENTRAL AUTO
PARTS TO OPERATE A JUNKYARD IN AN M-1 ZONING DISTRICT, GENERALLY
LOCATED AT 1201 73'/2 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 regarding the special use
permit SP #06-11, allowing a junkyard in an M-1 zoning district at Central Auto Parts,
generally located at 1201 73'/ Avenue NE on June 25, 2007; and
WHEREAS, an October 9, 2006 approval of SP #06-11 included several stipulations,
which were required to be met in order to continue to operate the Central Auto Parts
business located at 1201 73'/ Avenue; and
WHEREAS, City staff conducted an inspection of the site on June 1, 2008 to determine
compliance with the stipulations of SP #06-11; and
WHEREAS, City staff found that several stipulations have not been met; and
WHEREAS, The City of Fridley has offered a three — year timeframe for completing all
work on this site, and the three — year program is predicated on reaching certain
benchmarks by certain dates; and
WHEREAS, the benchmarks were prescribed to stretch out the tasks and required
accomplishments of the owner and allow a reasonable time for his completion; and
WHEREAS, by all measures staff believes the remaining portions of the three-year plan
are critical to protecting the storm water system and erosion onto surrounding
properties; and
WHEREAS, Inactivity on the City's part, in light of this violation 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:
That the City of Fridley and its staff have acted within the 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 perm it; and
3. That the City of Fridley staff communicated the points of noncompliance verbally
to the business owner in writing prior to the public hearing; and
4. The business owner and property owner were notified by mail of the June 25,
2007 public hearing; and
5. That a public hearing was held on June 25, 2007, allowing the City Council to
take testimony on this property; and
6. That as of June 9, 2008, the property continues to be in violation of the special
use permit action taken by the City Council on October 9, 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 #06-11 to operate a junkyard in
an M-1 district at Central Auto Parts, generally located at 1201 73'/ 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
�
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CffY OF
FRIDLEY
TO:
FROM:
DATE:
SUBJECT
AGENDA ITEM
CITY COUNCIL MEETING OF JUNE 9, 2008
William W. Burns, City Manager
James P. Kosluchar, Public Works Director
Layne R. Otteson, Assistant Public Works Director
June 9, 2008
PW08-021
Receive Revised Plans and Reauthorize the Advertisement for Bids for the
Quiet Zone Project ST 2007-3.
The attached resolution is to receive the revised final plans and reauthorize staff to advertise
for bids for the proposed Quiet Zone Project No. ST. 2007 — 3. The railroad crossings
locations are on 77t" Avenue and Osborne Road.
The redesign of the project was due to the County requiring a concrete median extension on
the west side of the railroad tracks on Osborne Road. The new design results in a concrete
median from the railroad tracks westerly to the existing median near East River Road.
Throughout the design process, City staff has been coordinating with adjacent property
owners, BNSF, Anoka County, Federal Railroad Administration, and MNDOT. Last year staff
mailed 494 information letters to the adjacent residential neighborhood and business district
and established a web page for additional information and updates.
The design includes concrete medians, signage, driveway entrance realignments, and striping.
The Schmidt-Osborne building on Osborne Road will have the entrance move easterly to allow
for a fully accessible driveway entrance. Both driveways on 77t" Avenue will be limited to right
in, right out entrances. These driveways will require widening to provide a proper turning
radius for semi-trailer vehicle access. All property owners have approved of the entrance
changes as proposed.
The Engineer's opinion of probable cost is $85,000, including construction engineering. This
project is intended to be funded using Minnesota State Aid System (MSAS) funds.
Recommend the City Council adopt the attached resolution to proceed with the project and
receive bids for the Quiet Zone Project No. ST. 2007 - 3.
JPK:Io
Attachment
RESOLUTION NO. 2008 -
A RESOLUTION RECEIVING REVISED PLANS AND SPECIFICATIONS AND
REAUTHORIZING THE ADVERTISEMENT FOR BIDS OF STREET IMPROVEMENT
PROJECT NO. ST. 2007-3
WHEREAS, residents of the City of Fridley have expressed concern over the volume of railroad locomotive
horns being sounded within the City; and
WHEREAS, the City of Fridley desires to apply for and establish a Quiet Zone including two railroad grade
crossings as Osborne Road and 77th Avenue; and
WHEREAS, Resolution No. 2006-52 authorized staff to proceed with the process of establishing a quiet
zone in the City of Fridley; and
WHEREAS, Resolution No. 2007-34 ordered the preparation of preliminary plans, specifications, and
feasibility report; and
WHEREAS, Resolution No. 2007-37 received the plans, specifications, feasibility report, and authorized
advertisement for bids; and
WHEREAS, project was let in October 2007, but not awarded due to changes required by reviewing
agencies, including a median closure required on Osborne Road by Anoka County; and
WHEREAS, plans have been revised to conform to the reviewing agency comments received;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley as follows:
That it appears in the interests of the City and of the property owners affected that there be
constructed certain improvements to-wit:
Street improvements, including concrete median, signage, driveway realignment, and striping, located as
follows:
Osborne Road East River Road to 400' west of Main Street
77th Avenue NE East River Road to 500' west of Main Street
That the work involved in said improvements listed above shall hereafter be designated as:
STREET IMPROVEMENT PROJECT NO. ST 2007-3
2. That the Public Works Director, City Hall, Fridley, MN, is hereby designated as the engineer for this
improvement. The engineer shall oversee the administration of such improvements.
3. That the work may be performed under this proj ect may be performed under one or more contracts as
me be deemed advisable upon receipt of bids.
PASSED AND ADOPTED BY TI� CITY COUNCIL OF TI� CITY OF FRIDLEY THIS DAY OF
_ 2008.
SCOTT J. LUND - MAYOR
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
� AGENDA ITEM
� CITY COUNCIL MEETING OF JUNE 9, 2008
�ffY �F
FRIDLEY
INFORMAL STATUS REPORTS