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FRIDLEY CITY COUNCIL MEETING
OF JUNE 23, 2008
7:30 p.m. - City Council Chambers
Attendance Sheet
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� CITY COUNCIL MEETING OF JUNE 23, 2008
CffY OF
FRIaLEi'
The City of Fridley will not discriminate against or harass anyone in the admission or access
to, or treatment, or employment in its services, programs, or activities because of race,
color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or
status with regard to public assistance. Upon request, accommodation will be provided to
allow individuals with disabilities to participate in any of Fridley's services, programs, and
activities. Hearing impaired persons who need an interpreter or other persons with
disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 at
least one week in advance. (TTD/763-572-3534)
PLEDGE OF ALLEGIANCE.
PRESENTATIONS:
Presentation of Retirement Plaques to
Robert Bennek and Clint Coppicus
Al Swintek, CenterPoint Energy — Presentation to
Fire Department
Giacomo Greco from Cagliari, Sardinia
(Foreign Exchange Student)
STATE LEGISLATIVE UPDATE.
FRIDLEY CITY COUNCIL MEETING OF JUNE 23, 2008 PAGE 2
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of June 9, 2008
NEW BUSINESS:
1. Receive the Minutes from the Planning
Commission Meeting of May 21, 2008 .......................................................... 1- 7
2. Resolution Providing for the Sale of
$1,915,000 General Obligation Improvement
Bonds, Series 2008A .................................................................................... 8- 9
3. Resolution Providing for the Sale of
$3,725,000 General Obligation Water
Revenue Bonds, Series 2008B ..................................................................... 10 - 11
4. Receive Bids and Award Contract for
the 2008 Gardena Avenue Rehabilitation
Project ST2008-2 .......................................................................................... 12 - 13
5. Appointments to Commissions ...................................................................... 14
6. Claims ................................................................................................... 15
7. Licenses ................................................................................................... 16 - 17
FRIDLEY CITY COUNCIL MEETING OF JUNE 23, 2008 PAGE 3
ADOPTION OF AGENDA.
OPEN FORUM (VISITORS): Consideration of Items Not on Agenda — 15 Minutes
PUBLIC HEARINGS:
8. Consider an Ordinance under Section 12.06
of the City Charter Declaring Certain Real
Estate to be Surplus and Authorizing the Sale
Thereof, Generally Located on Springbrook Creek
Near the Intersection of Broad Avenue and 79t" Way
(Continued May 19, 2008) ........................................................................... 18
9. Consider Revocation of Special Use Permit,
SP #06-08, for Fridley Shop and Stop (Formerly
Sinclair Fridley), to Operate a Service Station with
Fuel Sales in a C-2, General Business Zoning
District, Generally Located at 6071 University
Avenue NE (Ward 1) (Continued May 5, 2008) ............................................. 19
OLD BUSINESS:
10. Resolution Revoking Special Use Permit,
SP #06-08, for Fridley Shop and Stop, to
Operate a Service Station with Fuel Sales
in a C-2, General Business Zoning District,
Generally Located at 6071 University
Avenue NE (Ward 1) (Tabled May 5, 2008) ................................................... 20 - 22
NEW BUSINESS:
11. First Reading of 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 ....................................................... 23 - 29
FRIDLEY CITY COUNCIL MEETING OF JUNE 23, 2008 PAGE 4
NEW BUSINESS (CONTINUED):
12. Receive Bids and Award Contract to
Provide a Comprehensive Water and
Sewer Rate Study for the City of Fridley ....................................................... 30
13. Informal Status Reports ................................................................................ 31
ADJOURN.
CITY COUNCIL MEETING
CITY OF FRIDLEY
JUNE 9, 2008
The City Council meeting for the City of Fridley was called to order by Mayor Lund at 730 p.m.
ROLL CALL:
MEMBERS PRESENT: Mayor Lund
Councilmember-at-Large Barnette
Councilmember Saefke
Councilmember Varichak
Councilmember Bolkcom
OTHERS PRESENT: William Burns, City Manager
Fritz Knaak, City Attorney
Scott Hickok, Community Development Director
Don Abbott, Director of Public Safety
John Berg, Fire Chief
Richard Pribyl, Finance Director
PRESENTATION:
2008 Values First Community Recognition Awards:
Business: Mojo's Pizza
Youth: Lindsey Paradise
Fridley `49er Days Royalty.
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of May 19, 2008
APPROVED.
NEW BUSINESS:
1. Resolution Approving Special Legislation (Northstar Transit Station Project).
Williams Burns, City Manager, stated Council approved a similar resolution on May 5. The
earlier legislation provided Council's approval of State legislation that gave the City authority to
use funds from three post-1990 TIF districts for Northstar Rail Station related expenses.
Additionally it allowed the City to create a Northstar Transit TIF district to aid in the
FRIDLEY CITY COUNCIL MEETING OF JUNE 9, 2008 PAGE 2
development of the station. The current resolution approves a second Fridley bill that was
passed in the final days of the 2008 session. The second bill clarifies the number of parcels that
can be included in our transit TIF district. It also clarifies eligible expenses and gives us the
ability to create an unlimited number of TIF districts through 2017 in the approximately 150-acre
area that is recognized as having TIF district authority. Staff recommends Council's approval.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
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).
William Burns, City Manager, stated petitioner asks that he be allowed to use a 24-foot by 50-
foot fenced-in area for storage of building materials. Staff concludes that the request is within
the bounds of permitted outdoor storage in the S-3, Heavy Industrial Onaway zoning district.
Staff recommends Council's approval subject to five stipulations.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
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).
William Burns, City Manager, stated the petitioner, Zachary Hallberg, is requesting that he be
allowed granite slabs outdoors in two separate fenced-in areas. Since the amount of square
footage within each of the two areas is cumulatively much less than the amount of space allowed
by the City Code, staff recommends approval of the request subject to four stipulations.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
4. Receive Plans and Authorize Advertisement for Bids for Water Tower No. 2
Rehabilitation, City of Fridley Project No. 377.
William Burns, City Manager, stated the project consists of repair and repainting of inside and
outside surfaces of the 1.5 million gallon storage tank The bids will be open on July 2 and the
work will begin in late August after the peak water demand has ended. The estimated project
cost is $1,175,000. The item is included in the 2008 water capital improvements budget. Staff
recommends Council's approval.
APPROVED.
FRIDLEY CITY COUNCIL MEETING OF JUNE 9, 2008 PAGE 3
5. Claims (136831-137104).
APPROVED.
6. Licenses.
APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE.
7. Estimates.
APPROVED THE FOLLOWING ESTIMATES:
Standard Sidewalk
10841 Mankato Street N.E.
Blaine, NIN 55434
2008 Miscellaneous Concrete Repairs No. 375
Estimate No. 1 ................................................$ 7,812.45
Midwest Asphalt
5929 Baker Road
Suite 420
Minnetonka, MN 55345
2008-1 Street Improvement Project
Estimate No. 1 ................................................$127,594.26
APPROVAL OF PROPOSED CONSENT AGENDA:
Councilmember Bolkcom asked that Item Nos. 1, 2 and 3 be removed.
MOTION by Councilmember Barnette to approve the consent agenda as presented with the
removal of Item Nos. 1, 2 and 3. Seconded by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
ADOPTION OF THE AGENDA:
MOTION by Councilmember Bolkcom to approve the agenda with the addition of Item Nos. 1,
2 and 3 from the consent agenda. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
FRIDLEY CITY COUNCIL MEETING OF JUNE 9, 2008 PAGE 4
OPEN FORUM:
Patty Halverson, Development Specialist for Central Center, stated based on all the budget
cutbacks at the various levels, they are really struggling as a non-profit. They are moving from
Spring Lake Park to Fridley next year. They will be challenging the Mayor to spearhead their
roof-raiser next year in Fridley.
Kathy Samilo, Executive Director for Central Center, stated they are a non-profit mental health
agency and are moving to 79th Avenue and University in Fridley. They have been around for
almost 30 years. They are a full-service children's mental health agency. In 2007, they saw 419
people from Fridley. Of that they saw 88 at-risk kids from Fridley High School and Fridley
Middle School at no charge to their families. Their agency has child psychiatry and a number of
day treatment programs. They have 251icensed staff who work with kids. The reason they came
tonight is because they are struggling a lot. She said she knows money is very tight this year, but
she is hoping that next year the City could possibly provide them with some funding. They are
asking basically for a$10 contribution per family. They saw over 3,000 people last year for
Anoka County.
Ms. Halverson stated their goal is to raise $20,000 through July from business and individual
donations. They are at about $6,000 right now. They will be sending out a mailing.
Councilmember Barnette asked what their address would be.
Ms. Halverson stated their new address is 7954 University Avenue NE.
John Berg, Fire Chief, stated he is responding to comments at a previous Council meeting in
regards to the Columbia Heights moratorium on rental housing licenses. On May 12, the City
Council for the City of Columbia Heights declared a rental license moratorium for a period of six
months, so they could further study the issues in their city. He had the opportunity to speak with
Fridley staff, Columbia Heights staff, and also our City Attorney in the last two weeks. The City
staff and City Attorney recommended that we not pursue a moratorium on rental licenses. There
are a number of reasons for doing that. The City of Fridley has taken the initiative to seek out
unlicensed properties, and Columbia Heights has not had the opportunity to do that at this point.
We have been very successful in seeking out single-family home licenses and by doing that, we
are able to enforce the codes of the City. By continuing to license properties, we have the ability
to enforce the codes that have been active in our City; and we also have the opportunity to
conduct programs similar to those Columbia Heights is suggesting in terms of education and
regulation. We also believe that some of the alternatives would have a very negative impact.
Those alternatives are basically property owners potentially losing their property and having
vacant buildings which would also be problematic in terms of abatements and staff time. Staff's
recommendation is not to impose a moratorium on rental housing licenses in the City of Fridley.
Mayor Lund asked if there would be legalities involved.
Fritz Knaak, City Attorney, replied, yes, it does. Whenever you enforce a moratorium you are
allowed to conduct a study city-wide for purposes of health, safety, and those kinds of things.
FRIDLEY CITY COUNCIL MEETING OF JUNE 9, 2008 PAGE 5
This works if you are dealing with something new. For example, Fridley did it when there were
cell towers. That was a relatively new phenomenon. There were not a lot of them up, and there
were some concerns about how that would impact the City at large and whether the City could
respond in time and plan, etc. In this case, you are eliminating a use that is already in existence.
Basically what you are limiting is the expansion of a use and you may run into the possible legal
argument that you are treating somebody unfairly.
Mayor Lund said staff has been pretty diligent in getting a number of non-compliant rental
property under the umbrella of our rental licensing program. He asked if they had any idea of
how many are not in compliance.
Chief Berg stated he does not have a specific figure. They have licensed over 100 new
properties. Some have come forward. Some through our process of seeking them out. We
suspect that there are more properties with the economy and housing market. In some cases, it is
people who do not know they have to have a license. In some cases it is people who are just
blatantly avoiding us. They suspect there are probably another 100 to 200 properties that they
have not had the opportunity to seek out. They have looked at the non-homesteaded properties
and now they are looking at the homesteaded and going through the utility billing.
Mayor Lund stated so there are some resources they are using to search. At one point he
thought staff was going door to door.
Chief Berg replied that was in response to people who did not answer letters they sent out. They
have sent out several notices to non-homesteaded properties, and some people just did not
answer.
Mayor Lund said so it is staffs' opinion that we do not do this because they feel they have a
pretty good handle on the rental license program.
Chief Berg stated he agrees.
Councilmember Bolkcom asked Mr. Pribyl when he gets a change of address does they send it
to the Fire Department to check or do they check to see if it is homesteaded or non-homesteaded.
Richard Pribyl, Finance Director, replied, they have not in the past, but at this point in time
there actually is coordination between departments with the utility billing changes.
Councilmember Bolkcom asked "coordination" meaning what?
Mr. Pribyl replied, comparing who has what name in conjunction with these addresses. There
definitely has been a concerted effort to actually compare the databases we have so if there is a
red flag, they follow up on it.
Councilmember Bolkcom stated she was a little surprised when he said they are doing it now
because she thought about a year ago when they got a new rental inspector in personnel they
were talking about coordinating that. She asked if it has been ongoing.
FRIDLEY CITY COUNCIL MEETING OF JUNE 9, 2008 PAGE 6
Mr. Pribyl replied it probably started about a year ago.
Councilmember Bolkcom asked if they had a good process in place now.
Mr. Pribyl replied, yes.
Councilmember Bolkcom stated going back to when Chief Berg said there have been 100
properties, she asked if there have been a lot of problems when they have done inspections.
Chief Berg said they are following their procedure which is the property obtains a license and
then they inspect the property. With the single-family dwellings that they have sought out, they
have not seen a lot of code issues.
Councilmember Bolkcom said they get inspected once every four years after that.
Chief Berg replied, correct. Complete inspections are done once every four years. They do
exterior inspections every other year.
Councilmember Bolkcom said with respect to the memorandum, it states that staff continues to
study the issues and will make recommendations for code changes. She asked what they were
thinking along those lines. When she read about the moratorium it seemed like a good thing but,
now that she hears some of the other reasons, she is wondering what other things they will be
getting at.
Chief Berg replied, in terms of enforcement, there are some other things they are looking at in
terms of possibly registering tenants. If they go to a property, most likely a single-family one,
they would have a registry of who lives there at any time. That helps them in their enforcement
of properties where they have posted buildings. They have had some problems with that in the
past. They have also had some issues with hazardous buildings in terms of asking people to
leave or protecting those people. They are also looking very hard at education for new property
owners. He has spoken with Don Abbott and Scott Hickok about offering programs through an
organization for new rental property owners. He thinks it is important to note that this is not just
a Fridley issue. This is certainly a metro Twin Cities issue, a statewide issue, and even possibly
a national issue. He thinks our staff is tuning in now with the other programs available and
trying to work with property owners to help them succeed.
Councilmember Bolkcom asked if they were thinking about going back to a renters coalition or
something like what they used to have in the past.
Chief Berg said they have talked about that, but he is not sure where they will go at this point.
They have worked with members of the Minnesota Multi-Housing Association. They offer
programs, and they are watching very closely what the other cities are doing. They believe that
by continuing to enforce the codes, educate owners, and bring them into our program, they will
have the best chance for success.
FRIDLEY CITY COUNCIL MEETING OF JUNE 9, 2008 PAGE 7
Councilmember Bolkcom asked what kind of coordination there is with the Police Department.
Chief Berg stated they have an investigator who is assigned to rental housing. The rental
housing assistant and inspectors work very closely with that detective. They do have
communication, and he thinks Don Abbott would agree that they have not directly tied crime and
these issues to rental housing. It happens in private residences as well. He thinks the issues tend
to be more associated with the multiple dwellings vs. the single-family dwellings.
Councilmember Bolkcom asked Chief Abbott when they go out on police calls are they able to
determine if it is a rental property.
Don Abbott, Director of Public Safety, replied, yes. It is actually incorporated into their police
reporting system that when an officer responds to certain types of calls as specified by our code
(examples are drug, assault, and disorderly conduct which are the most common) there is a
checkbox right into the reporting system and it is automatically routed to Detective Nick Kaufer.
Detective Kaufer reviews it and they send out warning letters. If a tenant has three specified
violations, they can actually by code prevent the landlord from renting that apartment for a short
period of time. They have not had to do that because after the second call of one of those types,
when they notify the landlord, they are not going to take a chance on the third one and they go
ahead and move for eviction.
Councilmember Barnette stated it would be very helpful for people to keep their eyes open to
let the City know if a home appears to be rented so they can stay on top of it.
Mayor Lund asked Chief Abbott to give an update on an incident that occurred recently in the
neighborhood surrounding the LivInn Suites.
Chief Abbott stated the incident occurred last Wednesday evening, shortly after midnight.
There were a lot of police officers assisted by two bail bondsmen. The bail bondsmen had
determined that a person wanted on a warrant and on whom their contract person held a bond on,
was currently visiting a registered guest at the LivInn Suites, 5201 Central Avenue NE. The bail
bondsmen and two police officers went and tried to contact the person and make the arrest. The
person jumped out the back of the unit, and ran from the building, encountered another bail
bondsperson. The individual pointed what was reported to be a handgun at the bail bondsman,
and ran east into the neighborhood. Several Fridley officers, assisted by the Coon Rapids canine
unit, basically formed a perimeter around that neighborhood, searched through the backyards,
and looked in any open garages, sheds. Ultimately after about a two and one-half hour search,
the person was not located.
Chief Abbott stated overall, the situation down LivInn Suites has improved. The calls to LivInn
Suites at this time of year compared to last year are down about 8 percent. The more serious
crimes dropped from 16 reported calls last year between April 15 and June 9 to 11 this year.
Also, they have had no reports of assaults. The calls are mostly thefts, fraud, and disorderly
conduct. They have had no reports related to drugs and no reports related to prostitution. Their
next regularly-scheduled monthly meeting is tomorrow morning when they meet with the
management.
FRIDLEY CITY COUNCIL MEETING OF JUNE 9, 2008 PAGE 8
Councilmember Saefke asked if Chief Abbott thought there was cause for alarm for the safety
in that neighborhood.
Chief Abbott replied, what they have not seen is a spillover of any type of violent conduct into
that neighborhood. There is a potential. This is not the only neighborhood in the City where
they have chased armed people.
Councilmember Saefke stated he knows that
neighborhood has been robbed a number of times
robbers.
Chief Abbott replied, yes.
Twin City Federal which is in the same
. He asked if any of those were by armed
Councilmember Saefke stated and the potential for the perpetrator to run up into that
neighborhood is no more or no less than someone at the LivInn Suites.
Chief Abbott replied, that is correct. That is fleeing east from the TCF Bank It has been a
fairly common escape route for robbers through the years.
NEW BUSINESS:
1. Resolution Approving Special Legislation (Northstar Transit Station Project).
Councilmember Bolkcom asked Mr. Hickok to go through the map of the proposed transit and
also go through some of the TIF districts that are expiring that they are going to be using.
Scott Hickok, Community Development Director, stated in their staff report, there was mention
of 45 parcels in the district. There has been discussion of developing the Holiday/Cub Foods site
and the 7LT site that is on the verge of redeveloping at I-694 and East River Road. With the
advent of the station in this neighborhood, there is also potential for other development. This
district was created to allow the City to capture increment and make improvements to enhance
the area, to provide access to the station site, to make it more sustainable and commerce friendly
and provide better transportation routes.
Mr. Hickok said legislation reviewed earlier this year was relative to three tax increment
districts that were expiring. They were pre-1990 districts and were districts that could not
otherwise be pooled. If the City wants to use funds like this, it is an act of the legislature that
makes that happen and not something Council can do. They have said that we can use the
increment from three expiring districts. District 11, which is the University-Osborne District,
was created around the area of the intersection at 250 Osborne Road. At the time this district
was created, it was a 25-year district, with the idea that the former Cub Foods store would be
redeveloped into a new commercial entity and there would be other development that could
occur around that area. That district has nearly run its course and was about to be decertified.
There were funds in that district that could be used now in our transit district thanks to the
legislative action at the Capitol this year.
FRIDLEY CITY COUNCIL MEETING OF JUNE 9, 2008 PAGE 9
Mr. Hickok stated also, District 12, the McGlynn's Bakeries District, was created to help the
former Pillsbury-Totino factory which then became McGlynn's Bakery and to allow them to do
other development that would help our industrial commerce package and also bring tax
increment dollars to the City. Thanks to the legislature, by passing the resolution in April, we
were able to take what would eventually be $2.7 million from these two districts plus a third
district called the Satellite Lane District. It is a small four-acre piece of property on Satellite
Lane immediately adj acent to the Rottlund Development across the street. That district was
created to further enhance the Rottlund redevelopment. Again the district is to be decertified and
those funds could be captured for use around our Northstar station site.
Councilmember Bolkcom asked Mr. Hickok would it be fair to say that right now there are no
City plans for any redevelopment in the area near the Northstar station site.
Mr. Hickok replied, yes, that is true. There is no formal application on any one of those 45
parcels at this time.
MOTION by Councilmember Bolkcom to adopt Resolution No. 2008-24. Seconded by
Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
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).
Councilmember Bolkcom said she had a question about Stipulation No. 4. Is it our normal
routine to allow them 30 days within the issuance of the special use permit. Why is it not
provided before the actual issuance of the special use permit?
Mr. Hickok replied, part of it is the type of use that is there. They have a combination building.
On one side is a body shop and on the other side are building materials. This was really a safety
net so they are aware that it is not going to just be a catchall, it is going to be outdoor storage the
City is going to be critical of.
Councilmember Bolkcom asked whether he thinks the petitioner is pretty clear on that and also
to the storage of vehicles.
Mr. Hickok replied, certainly, Mr. Jackson is here tonight. Ms. Stromberg and Mr. Jackson
have worked closely on this matter. Staff is comfortable with the outcome of this process.
Councilmember Bolkcom asked why Stipulation No. 2 regarding the number of parking stalls
was there.
FRIDLEY CITY COUNCIL MEETING OF JUNE 9, 2008 PAGE 10
Mr. Hickok replied there have been issues with vehicles parked on the street. There have been
times where there have been vehicles out on the street that have been dropped off for repair.
They are less than operable. Any use that spills its vehicles onto the street around it is subject to
scrutiny, because it should be self-sustaining. This stipulation helps makes sure they have the
number of stalls they are supposed to have on their site.
Councilmember Bolkcom said and any time after this special use permit is issued, if they are
not compliant with the stipulations, it can be reviewed by the City Council.
Mr. Hickok replied that is the beauty of a special use permit. They need to review special use
permits annually.
Councilmember Bolkcom asked Mr. Jackson if he was aware of the stipulations.
Mike Jackson, Franklin Builders, stated they were aware of the stipulations. Sometimes they
get a lumber truck, etc. and they will have to take cars out of the driveway and put them on the
street. He asked if that would be an issue.
Mayor Lund said but it is for a relatively short period of time? For 20-30 minutes?
Mr. Jackson replied yes.
Councilmember Bolkcom stated but the history has not been that it was not something that was
just dropped off and then brought in to be serviced. It sat there for some length of time.
MOTION by Councilmember Bolkcom to approve Special Use Permit Request, SP #08-07, by
Michael Jackson (Franklin Builders), with the following six stipulations:
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 compliant parking stalls.
2. Nine code compliant parking stalls shall be striped within 60 days of issuance of this
special use permit.
3. No outdoor storage other than the existing enclosed area in the rear yard shall exist on the
sit without an additional special use permit being approved.
4. The petitioner shall receive approval from the Fire Marshall for the types of materials
stored outside within 30 days of issuance of this special use permit.
5. No junk (inoperable or unlicensed) vehicles shall be stored on site.
6. All vehicles shall be parked in designated parking stalls.
Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
FRIDLEY CITY COUNCIL MEETING OF JUNE 9, 2008 PAGE 11
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).
Councilmember Bolkcom asked if Petitioner could request additional storage space in the
future.
Mr. Hickok replied our special use permit provisions in a heavy industrial district allow for up
to 50 percent of the floor area of the principal building. They have two smaller areas that they
are using that is not quite up to 50 percent of the floor area they are building. If they chose to in
the future, they have a little room to expand. However, the City is very specific about the areas
they can use.
Councilmember Bolkcom stated in the reviewing the number of parking stalls, they are one
shore, but City staff feels there is enough parking at that site.
Mr. Hickok said they have proven they do not need the parking stalls that they have.
MOTION by Councilmember Bolkcom to approve Special Use Permit Request, SP #08-08, by
Amsum & Ash, Inc., with the following four 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.
Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
PUBLIC HEARINGS:
8. Consideration of 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.
MOTION by Councilmember Barnette to waive the reading of the public hearing notice and
open the public hearing. Seconded by Councilmember Bolkcom.
FRIDLEY CITY COUNCIL MEETING OF JUNE 9, 2008 PAGE 12
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
PUBLIC HEARING OPENED AT 8:51 P.M.
Mr. Pribyl stated over the past few years, the Fridley Charter Commission has been reviewing
the City's Charter chapter by chapter. This is one of the roles of the Commission to review and
recommend changes to the document to ensure consistent terminology throughout this document.
Also, its role is to ensure that new State Statute changes are incorporated so we are in
compliance with the law. In this process our charter was compared to a number of other charters
throughout the state. The Charter Commission has completed their review of Chapters 1 through
6. Generally these changes are non-substantive in nature. In January, Council was provided
with a list of recommended changes for review and comment. Based on their review, the Charter
Commission is recommending a number of changes to the Charter by ordinance.
Mr. Pribyl said there were no recommended changes for Chapter 1. In Chapter 2, Section
2.02.1, language was added to provide further reader clarification. Section 2.02.6, changed the
language to make it consistent with State statute language. In Chapter 3.01, the Charter
Commission felt that the practice for setting Council conference meetings has been done when
regular Council meetings are set and formalized this practice. In Section 3.02, a one-word
change was made that has Council approving a secretary for their meetings that has been selected
by the City Manager. In Sections 3.04 and 3.06 the word "noes" was changed to "nays." In
Section 3.10 a change was made to the codification requirements from 5 to 10 years due to the
nature of technology and the ability to maintain all ordinances in a recodified format on a regular
basis.
Mr. Pribyl stated in Section 4.02 they cleaned up the language a little bit in this area, changing it
from "regular" to "general" which is statutory wording. Regarding Section 4.08, they changed
the language to be consistent with State law regarding procedures pertaining to primary and
general elections. In Chapter 5.02, a wording change was made for clarification in that section.
In Section 5.07 the number of days in this section was changed to be consistent with State law.
In Section 5.12.1, language was inserted to clarify requirements for referendum petitions
proposing repeal of Charter amendment. The sections were also renumbered. In Section 5.13.4
a slight language change was made to clarify meaning. In Sections 5.14 and 5.19, the number of
days was changed from 49 to 53 to be consistent with State law. Section 5.21 changes the order
of the paragraphs in order to clarify the meaning and intent related to a recall ballot.
Mr. Pribyl said in Section 6.06 "rental or lease" was added. The Charter Commission has taken
these recommendations and now formalized them into ordinance form.
Councilmember Bolkcom asked Mayor Lund and Attorney Knaak if they had reviewed the
ordinance changes and feel comfortable with them.
Fritz Knaak, City Attorney, replied, he has and he does.
Councilmember Bolkcom asked if they needed to have a secretary at the conference meetings.
Dr. Burns replied, no, they do not have a secretary at the conference meetings.
FRIDLEY CITY COUNCIL MEETING OF JUNE 9, 2008 PAGE 13
Councilmember Bolkcom stated she felt they should have the City Attorney review that and see
if they are in compliance.
Mayor Lund asked William Holm from the Charter Commission if these changes were
unanimously approved by the Charter Commission members.
Mr. Holm replied, yes.
MOTION by Councilmember Barnette to close the public hearing. Seconded by
Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC
HEARING OPENED AT 8:57 P.M.
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).
MOTION by Councilmember Varichak to remove the item from the table. Seconded by
Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE ITEM
REMOVED FROM THE TABLE AT 8:58 P.M.
Scott Hickok, Community Development Director, stated several years ago this item was before
Council. There was a pre-1973 special use permit and there were issues of compliance. The
item was called back in 2003, and a new special use permit was assigned with a five-year
timeline to bring into compliance all those things that should have happened in or around 1973
that did not.
Mr. Hickok stated in 2006 we took a look because there were some steps in that five-year
process that should have been completed, and we were concerned that we were not seeing that
process. They brought the item back before Council, reported about the lack of progress, the
special use permit was revoked, and a new one was then put in place that gave a tighter timeline
for completion of items.
Mr. Hickok stated as of June 2007, the business was not in full compliance but had Rice Creek
Watershed approval which is a big accomplishment. This meant their pond/storm water runoff
was designed so it could now be managed on-site. By November 2007 half the yard had been
paved, but the contractor could not finish because of seasonal issues. The business was given
until June 1, 2008, to finish everything.
Mr. Hickok stated the paving is now complete but other items have not been completed yet.
Right now they are seeing new curb and gutter, asphalt, and storm water management. There are
striped parking stalls and parking lot management that has people not parking on the street. The
FRIDLEY CITY COUNCIL MEETING OF JUNE 9, 2008 PAGE 14
remaining stipulations are to complete a site plan; complete landscape and irrigation plan needs,
and to install a screening fence inside the south property line. The survey has showed the fence
is actually on public right-of-way and not on private property. That does get to be problematic.
He has spoken to Mr. Haluptzok and he is concerned because some of the posts are actually
anchored in concrete with the new curb and gutter. He is working with his brother who is an
architect and staff is confident there is a solution. Finally, they also need to install landscaping
and irrigation and comply with all the City codes relative to storage, parking, screening, and
drainage.
Mr. Hickok stated the fence is not in great condition although the owner has replaced slats and
made attempts to clean it up and block the view into the yard. The storm water treatment
improvements do not need the approval of the Rice Creek Watershed District right now.
Currently, the site does not fully comply with their plan. So they are in the midst of working on
that. The District is offering 30 days to correct water flow complications and 14 days to install a
rain garden in the front yard. The water quality concerns have been temporarily averted by
blocking the pond outlets.
Mr. Hickok stated an incredible amount of expense has been taken on by the property owner.
He thinks there really is a willingness and ambition to comply, and a lot of money spent to make
that compliance happen. The business owner is now getting assistance to complete the
remaining stipulations from his brother who is not only an architect but also an experienced
developer. His brother has spoken with staff and they are very confident that he, too, is aligned
with staff on this and is on a mission to get this done during the planting season.
Mr. Hickok stated they are recommending continuing this public hearing until September 15
with a September 1 deadline to meet all of the City's remaining stipulations.
Mayor Lund asked how much is the fence on the right-of-way.
Mr. Hickok replied, he believes it varies between one foot in some locations to as much as three
feet.
Mayor Lund asked Mr. Haluptzok if he had any problems with the remaining stipulations and
the timeline that staff has suggested.
Jerry Haluptzok, Central Auto Parts, stated, no.
Mr. Hickok stated regarding the fence, it is not the only property where that has happened. He
said he thought part of the problem is one of the other properties' fence was off the property line
first. The neighboring property to the east is under that same situation. They have a metal
building now inside their fence that they are going to need to take down, and they are going to
need to move their fence in also.
Councilmember Bolkcom stated it looks great and Mr. Haluptzok has done a lot of work She
asked if staff felt confident that the rest of the stipulations can be accomplished by September.
FRIDLEY CITY COUNCIL MEETING OF JUNE 9, 2008 PAGE 15
Mr. Hickok replied after talking to Mr. Haluptzok and his brother, he is confident they will get it
done.
Councilmember Varichak asked why was it was not done previously.
Mr. Haluptzok replied none of that could be completed until all the other stuff was done. He
could not have them come in and put the irrigation in until they are done. The two ponds in front
of the building, Rice Creek just came out last week and they did not approve that. So now they
have to come in and dig those out again. Once the people are in there and do everything the right
way and Rice Creek approves everything, then the rest of it will be easy.
Councilmember Varichak stated it has to be done in September.
MOTION by Councilmember Varichak to continue the public hearing to September 15, 2008.
Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC
HEARING CONTINUED AT 9:16 P.M.
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).
MOTION by Councilmember Varichak to table this item to September 15, 2008. Seconded by
Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
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).
Don Abbott, Director of Public Safety, stated Federal law requires an engineer of railroad
locomotives upon approach to every grade-level crossing to sound a horn. Federal law provides
for a process whereby local jurisdictions can designate a quiet zone wherein the Federal Railroad
Administration or the FRA would order engineers to not routinely sound their horns. Residences
in close proximity to the Burlington Northern Santa Fe or BNSF railway crossings at Osborne
Road and 77th Avenue have voiced a desire to implement a quiet zone covering these two
crossings to improve their quality of life. Council directed staff to proceed with quiet zone
development at its August 28, 2006, meeting.
FRIDLEY CITY COUNCIL MEETING OF JUNE 9, 2008 PAGE 16
Chief Abbott stated regarding rail traffic on the BSNF inain line, there are two tracks there
currently. Traffic has doubled in the past 15 to 20 years and increased from about 30 trains a day
to 60 trains a day now. Northstar Commuter Rail is expected to add 12 trains per day once it is
up and running. Quiet zones require implementation or construction. Oftentimes, supplemental
safety measures or SSM's at the crossings are included in the quiet zone to maintain or enhance
the safety in the absence of train horns. Quiet zone approval requires that any and all crossings
within one half mile of each must be considered together as one quiet zone. In other words they
cannot just treat 77th or Osborne and get the whistle shut off at one crossin�u or the other, we have
to do both or neither one. For Fridley this requires us to upgrade both 77t Avenue and Osborne
Way with barrier medians. This is the most cost effective and most effective method from a
safety standpoint. These barrier medians would be approximately 100 feet in both directions
from the tracks in order to qualify. Concrete medians will be at least 4 feet in width. At times,
they will flair out wide and will be 6 inches in height. There is evidence showing an increase in
traffic safety with these medians absent train horns. So it is an overall improvement for safety to
do this as well.
Chief Abbott stated throughout the past few years, staff has met with representatives of FRA,
BNSF, MnDOT, and Anoka County. We have also worked extensively with private properties
whose driveway accesses will be affected. Staff submitted plans to all required entities in 2007
and opened the project for bids based on preliminary plan reviews at that time. That plan
submission was in August/September of last fall. During that period, we were advised of
significant comments on the project, specifically on Osborne Road. Staff recommended
rej ection of those bids in October 2007. Significant plan modifications were made.
Chief Abbott stated also property owners have been contacted, and we continue to work with
them as they develop their plans and updating them on where we are going. We submitted all
the plans that were required by notification of intent to create a quiet zone in the Federal rule.
There is a 60-day comment period which will expire July 26. During that time, we will either
receive written notification back from the entities, BNSF, FRA, MnDOT, that they have
accepted our plans. They can simply not respond in which case the 60-day window has to expire
before we can then assume that they have no comments on our plan or they could comment back
and request modification to our plans. Assuming approvals are received from all required
entities, construction is anticipated to begin by late summer of this year. Following construction,
the involved entities have a period of time to inspect construction for adherence to the plans
before the FRA issues the actual quiet zone order. That is a 21-day review period window. Staff
has prepared a resolution for Council designating the Public Works Director as the engineer for
this improvement and authorizing the advertisement for and receipt of bids. Staff recommends
approval of the resolution.
Mayor Lund stated so the big thing is now during this comment period that they do not come up
once again with some modifications or changes.
Chief Abbott stated, correct. They do know we are very interested in moving this project along
and we are going to be communicating with them during the 60-day period from time to time to
see if we cannot bring this to an earlier conclusion.
FRIDLEY CITY COUNCIL MEETING OF JUNE 9, 2008 PAGE 17
Chief Abbott stated they have met so much with these entities over the last couple of years on
site showing them plans that there should not be any surprises. If there are modifications, they
would expect them to be minor.
Councilmember Bolkcom asked if Anoka County has the funds to pay for the median to extend
out to East River Road.
Chief Abbott replied the County Engineer indicated they would pay for the median in excess of
what is required. He believed about 4 to 6 weeks ago it was actually designated with a project
code number at the County.
Councilmember Varichak asked from start to finish, how long has this been going on?
Chief Abbott replied they have been working on this for just over four years. There was a
moratorium initially on any new quiet zone application while the Federal government reviewed
its rules and adopted new rules on quiet zones. We held off even a slight period of time after the
new rule came into effect anticipating that the Northstar Commuter Rail would have an impact
on our rail corridor. At that time, we were expecting a third main line to be added. As soon as
we found out that the third line option had been dropped, we started pursuing the quiet zone
plans.
MOTION by Councilmember Bolkcom to adopt Resolution No. 2008-25. Seconded by
Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
12. Informal Status Reports.
Mr. Hickok said there will be a cleanup event this weekend at the Public Works facility.
Mayor Lund encouraged everyone to attend `49er Days. The parade will be on Thursday.
ADJOURN.
MOTION by Councilmember Barnette, seconded by Councilmember Varichak, to adjourn.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MEETING ADJOURNED AT 9:30 P.M.
Respectfully submitted by,
Denise M. Johnson Scott J. Lund
Recording Secretary Mayor
PLANNING COMMISSION MEETING
MAY 21, 2008
Acting Chairperson Kondrick called the Planning Commission Meeting to order at 7:03 p.m.
MEMBERS PRESENT: Brad Sielaff, Matthew Brown (substitute from the Appeals
Commission), David Kondrick, and Dean Saba
MEMBERS ABSENT: Diane Savage, Brad Dunham, Jack Velin, and Leroy Oquist
OTHERS PRESENT: Stacy Stromberg, City Planner
APPROVAL OF PLANNING COMMISSION MEETING MINUTES:
April 16, 2008
MOTION by Commissioner Saba to approve the minutes as presented. Seconded by
Commissioner Sielaff
UPON A VOICE VOTE, ALL VOTING AYE, ACTING CHAIRPERSON KONDRICK
DECLARED THE MOTION CARRIED UNANIMOUSLY.
1. PUBLIC HEARING
Consideration of Special Use Permit SP #08-07, by Michael Jackson (Franklin
Builders), to allow limited outside storage on the property, generally located at
7865-69 Beech Street NE.
MOTION by Commissioner Sielaff to open the public hearing. Seconded by Commissioner
Saba.
UPON A VOICE VOTE, ALL VOTING AYE, ACTING CHAIRPERSON KONDRICK
DECLARED THE MOTION CARRIED AND THE HEARING OPENED AT 7:06 P.M.
Stacy Stromberg, City Planner, stated 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.
Ms. Stromberg stated the subject properiy is zoned S-3, Heavy Industrial, Onaway Addition as
are all surrounding properties. It is located on Beech Street, south of 79t'' Avenue. The existing
building was constructed in 1969 and an entry was added in 1989.
Ms. Stromberg stated 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.
1
Ms. Stromberg stated 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.
Ms. Stromberg stated 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.
Ms. Stromberg stated a trial date on the court case has been postponed to July 21, 2008 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.
Ms. Stromberg stated 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.
Ms. Stromberg stated 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. Since the staff report was written, the petitioner has submitted a survey of the property
showing how he plans to meet the requirements for nine parking stalls. In order for the parking
requirements to be met the outdoor storage area will need to be reduced to make room for an
additional parking stall. This will reduce the outdoor storage area to approximately 24 ft. by 50
ft.
Ms. Stromberg stated 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.
�
Ms. Stromberg stated 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.
Ms. Stromberg stated staff recommends that if the special use permit is granted, the following
stipulations be attached:
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.
Commissioner Sielaff asked what was the basis for the attorney's advice on the licensing?
Ms. Stromberg replied, unfortunately, she is not able to answer that because she was not
involved with the court case. Julie Jones was involved with the court case with this property
owner. Ms. Stromberg has only been handling it as far as the special use permit is concerned.
She would assume though that the City Attorney recommended that the license be separate from
the outdoor storage case.
Acting Chairperson Kondrick asked the petitioner if he was okay with the stipulations?
Mike Jackson, Franklin Builders, Inc., replied, yes, he is. What was happening before is they
were kind of in the middle of actually selling the building and then they ended up buying it
themselves and he bought his partner out. That was one reason why they did not go for the
special use permit right away because they really did not know what they were going to do.
However, in the meantime they did get rid of a lot of the outdoor storage. He would like to store
his bobcat and other construction equipment on site. The body shop next door was probably
causing most of their grief as far as storing cars, etc.
Acting Chairperson Kondrick asked if he pretty much has a grip on that? As far as keeping
those guys from having cars on the street, etc.?
Mr. Jackson stated they had been getting better.
Acting Chairperson Kondrick asked whether the nine parking stalls would be a hassle for
them?
Mr. Jackson replied they are going to take off that one part of the fence and make room for one
parking stall behind the building.
Mr. Jackson asked if perhaps they can have a spot in front of the dumpster?
Ms. Stromberg replied, if there is room to adequately have the dumpster serviced, then there
shouldn't be a problem.
Mr. Jackson asked if they need like 10 x 20 feet for a parking stall?
Ms. Stromberg replied, yes.
Acting Chairperson Kondrick asked the petitioner, again, whether he had any problem with the
stipulations?
Mr. Jackson replied, no. They want to keep the place looking decent.
MOTION by Commissioner Saba to close the public hearing. Seconded by Commissioner
Sielaff.
UPON A VOICE VOTE, ALL VOTING AYE, ACTING CHAIRPERSON KONDRICK
DECLARED THE MOTION CARRIED AND THE HEARING CLOSED AT 7:21 P.M.
Commissioner Saba stated he did not have a problem with this at all.
Commissioner Sielaff replied, he did not either and it will be in compliance.
MOTION by Commissioner Saba approving Special Use Permit SP #08-07, by Michael Jackson
(Franklin Builders), to allow limited outside storage on the property, generally located at 7865-69
Beech Street NE with the following stipulations:
1. Nine code compliant 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 sit without an additional special use permit being approved.
3. The petitioner shall receive approval from the Fire Marshall 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.
Seconded by Commissioner Brown.
UPON A VOICE VOTE, ALL VOTING AYE, ACTING CHAIRPERSON KONDRICK
DECLARED THE MOTION CARRIED UNANIMOUSLY.
Acting Chairperson Kondrick informed petitioner this will come back before the City Council
on June 9, 2008, at 7:30 p.m.
2. PUBLIC HEARING
Consideration of Special Use Permit SP #08-08, by Amsum & Ash Inc., to allow
limited outdoor storage on their property, generally located at 30 — 52°d Way NE.
MOTION by Commissioner Saba to open the public hearing. Seconded by Commissioner
Sielaff.
UPON A VOICE VOTE, ALL VOTING AYE, ACTING CHAIRPERSON KONDRICK
DECLARED THE MOTION CARRIED AND THE HEARING OPENED AT 7:22 P.M.
�
Ms. Stromberg stated 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.).
Ms. Stromberg stated the properiy 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.
Ms. Stromberg stated 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.
Ms. Stromberg stated 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.). Tota1
outdoor storage area proposed is 4,020, which is 15,226 square feet less than what is allowed by
code for this property.
Ms. Stromberg stated 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.
Ms. Stromberg stated 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.
Ms. Stromberg stated 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.
Ms. Stromberg stated 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.
E
2. Screening gate to outdoor storage area shall remain closed to allow proper
screening unlessin 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.
Commissioner Sielaff asked where are the unauthorized signs that are out there now?
Ms. Stromberg stated while staff was out doing inspections we noticed there were directional
signs advertising the business on corners of the streets throughout the industrial park and those
are illegal.
Acting Chairperson Kondrick asked the petitioner if he was aware of the stipulations and if he
has any problems with them?
Zachary Hallberg, General Manager of Amsum & Ash Inc., replied he is aware of the
stipulations and he does not think there is a problem with them. The outdoor directional signs
have been removed from around the neighborhood. There were a couple on their property, for
customer and employee parking and those have been removed as well. Also, they will apply for
any sign permits they feel necessary.
Acting Chairperson Kondrick informed Mr. Hallberg they do have sign ordinances in the City
and he should check with the staff if he needs any help.
MOTION by Commissioner Saba to close the public hearing. Seconded by Commissioner
Brown.
UPON A VOICE VOTE, ALL VOTING AYE, ACTING CHAIRPERSON KONDRICK
DECLARED THE MOTION CARRIED AND THE HEARING CLOSED AT 7:30 P.M.
Commissioner Saba stated he did not have any problem with this.
Acting Chairperson Kondrick stated he did not either and the signs have been taken care of.
MOTION by Commissioner Saba approving Special Use Permit SP #08-08, by Amsum & Ash
Inc., to allow limited outdoor storage on their property, generally located at 30 — 52"d Way NE
with the following 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 unlessin 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.
Seconded by Commissioner Brown.
UPON A VOICE VOTE, ALL VOTING AYE, ACTING CHAIRPERSON KONDRICK
DECLARED THE MOTION CARRIED UNANIMOUSLY.
C�
Acting Chairperson Kondrick informed petitioner this will come back before the City Council
on June 9, 2008.
3. Receive the Minutes of the March 6, 2008, Housing and Redevelopment Authority
Commission.
MOTION by Commissioner Sielaff to receive the Minutes. Seconded by Commissioner Saba.
UPON A VOICE VOTE, ALL VOTING AYE, ACTING CHAIRPERSON KONDRICK
DECLARED THE MOTION CARRIED UNANIMOUSLY.
Receive the Minutes of the Apri17, 2008, Parks & Recreation Commission Meeting.
MOTION by Commissioner Saba to receive the Minutes. Seconded by Commissioner Sielaff.
UPON A VOICE VOTE, ALL VOTING AYE, ACTING CHAIRPERSON KONDRICK
DECLARED THE MOTION CARRIED UNANIMOUSLY.
OTHER BUSINESS
Information regarding electronic reader board signs.
Ms. Stromberg stated there is a short memo in their packet on electronic reader board signs.
Chairperson Savage had asked staff to do some research on those types of signs as to what other
communities are doing and that information is provided in your packet.
Ms. Stromberg reminded the Commission that their next meeting is June 18, 2008 at 7:00 p.m.
and they have one item for that agenda.
ADJOURN
MOTION by Commissioner Saba adjourning the meeting. Seconded by Commissioner Sielaff.
UPON A VOICE VOTE, ALL VOTING AYE, ACTING CHAIRPERSON KONDRICK
DECLARED THE MOTION CARRIED UNAMOUSLY AND THE MEETING
ADJOURNED AT 7:32 P.M.
Respectfully submitted,
Denise M. Johnson
Recording Secretary
7
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i'�:
FROM.•
SUBJECT.•
DATE:
AGENDA ITEM
COUNCIL MEETING OF JUNE 23, 2008
WILLIAM W. BURNS, CITYMANAGER
RICHARD D. PRIBYL, FINANCE DIRECTOR
RESOL UTION PRO VIDING FOR THE SALE OF $1, 915, 000 GENERAL
OBLIGATION IMPROVEMENT BONDS 2008A
June 18, 2008
Attached is the resolution prepared by the City's Financial Advisor, Ehlers & Associates. This
resolution is required to be passed by Council to proceed with the above mentioned bond issue. This
action will start the process for the competitive sale of the General Obligation Bonds, and provide an
appropriate time frame for advertisement and review of the bids. It is the recommendation from
Ehlers to proceed with this bond issue.
This is a new bond issue that will provide the financing for the 2008 Street Project. These projects
have been previously reviewed with Council as part of the 2008 Budget.
This improvement bond issue is designed to be repaid from a general tax levy that will be certified to
the County this fall for tax collection next year.
It is anticipated that the bond sale will take place on July 28, 2008. Shelly Eldridge will be present at
the Council Meeting on June 23, 2008, for any questions Council may have regarding the sale.
RDP/me
Attachment(s)
RESOLUTION NO. 2008 -
RESOLUTION PROVIDING FOR THE SALE OF $1,915,000
GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2008A
WHEREAS, the City Council of the City of Fridley, Minnesota, has heretofore determined that it is
necessary and expedient to issue the City's $1,915,000 General Obligation Improvement Bonds
Series 2008A (the "Bonds"), to finance improvements in the City; and
WHEREAS, the City has retained Ehlers & Associates, Inc., in Roseville, Minnesota ("Ehlers"), as
its independent financial advisor for the Bonds and is therefore authorized to solicit proposals in
accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9);
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley, Minnesota:
Authorization; Findin�s. The City Council hereby authorizes Ehlers to solicit proposals for the sale
of the Bonds.
Meetin�; Proposal Openin�. The City Council shall meet at 7:30 P.M. on July 28, 2008, for the
purpose of considering sealed proposals for and awarding the sale of the Bonds.
Official Statement. In connection with said sale, the officers or employees of the City are hereby
authorized to cooperate with Ehlers and participate in the preparation of an official statement for the
Bonds and to execute and deliver it on behalf of the City upon its completion.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 23rd
DAY OF JUNE, 2008
SCOTT J. LUND - MAYOR
ATTEST:
DEBRA A. SKOGEN — CITY CLERK
�
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FRIDLEY
i'�:
FROM.•
SUBJECT.•
DATE:
AGENDA ITEM
COUNCIL MEETING OF JUNE 23, 2008
WILLIAM W. BURNS, CITYMANAGER
RICHARD D. PRIBYL, FINANCE DIRECTOR
RESOL UTION PRO VIDING FOR THE SALE OF $3, 725, 000 GENERAL
OBLIGATION WATER REVENUE BONDS, SERIES 2008B
June 18, 2008
Attached is the resolution prepared by the City's Financial Advisor, Ehlers & Associates. This
resolution is required to be passed by Council to proceed with the above mentioned bond issue. This
action will start the process for the competitive sale of the General Obligation Bonds, and provide an
appropriate time frame for advertisement and review of the bids. It is the recommendation from
Ehlers to proceed with this bond issue.
This is a new bond issue that will provide the financing for the 2008 much needed improvements to
the city's municipal water utility. These projects have been previously reviewed with Council as part
of the 2008 Budget process.
This improvement bond issue is designed to be repaid from revenues generated from the Water
Utility Fund.
It is anticipated that the bond sale will take place on July 28, 2008. Shelly Eldridge will be present at
the Council Meeting on June 23, 2008, for any questions Council may have regarding the sale.
RDP/me
Attachment(s)
RESOLUTION NO. 2008 -
RESOLUTION PROVIDING FOR THE SALE OF $3,725,000
GENERAL OBLIGATION WATER REVENUE BONDS, SERIES 2008B
WHEREAS, the City Council of the City of Fridley, Minnesota, has heretofore determined that it is
necessary and expedient to issue the City's $3,725,000 General Obligation Water Revenue Bonds
Series 2008B (the "Bonds"), to finance improvements in the City; and
WHEREAS, the City has retained Ehlers & Associates, Inc., in Roseville, Minnesota ("Ehlers"), as
its independent financial advisor for the Bonds and is therefore authorized to solicit proposals in
accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9);
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley, Minnesota:
Authorization; Findin�s. The City Council hereby authorizes Ehlers to solicit proposals for the sale
of the Bonds.
Meetin�; Proposal Openin�. The City Council shall meet at 7:30 P.M. on July 28, 2008, for the
purpose of considering sealed proposals for and awarding the sale of the Bonds.
Official Statement. In connection with said sale, the officers or employees of the City are hereby
authorized to cooperate with Ehlers and participate in the preparation of an official statement for the
Bonds and to execute and deliver it on behalf of the City upon its completion.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 23rd
DAY OF JULY, 2008.
SCOTT J. LUND - MAYOR
ATTEST:
DEBRA A. SKOGEN — CITY CLERK
�
. .
�r
�
�•
DATE:
� :I ► � � �� 1�) �
CITY COUNCIL MEETING OF JUNE 23, 2008
William W. Burns, Cit Manager ��
Y �
James P. Kosluchar, Public Works Director� ',,�
Layne R. Otteson, Assistant Public Works ' ector ��y`"
June 23, 2008
SUBJECT: Award of 2008 Gardena Avenue Rehabilitation Project ST2008-2
• �: �
On Thursday, June 19, 2008, at 2:00 pm, bids were opened for the 2008 Gardena Avenue
Rehabilitation Project. Thirty sets of plans and specifications were sent out and eight bids were
received.
The low bid was received from North Valley Paving, Inc. of Nowthen, MN, in the amount of
$323,858.35. The high bid received was $380,864.78. The most recent cost estimate
performed by the Engineering Department was $337,400.
It is anticipated that total project costs will be approximately $330,000.00 with material testing
and contingencies. Funding will be provided using the City's MSAS account ($74,000), Water
Fund ($136,000), and special assessrnents ($120,000).
Recommend the City Council receive the bids and award the 2008 Gardena Avenue
Rehabilitation Project No. ST. 2008 - 2, to North Valley, Inc. of Nowthen, MN in the amount of
$323,858.35.
LO/JPK:
Atfiachment
BID FOR PROPOSALS
2008 GARDENA AVENiJE REHABILITATION PROJECT NO. ST 2008 - 2
JI7NE 19, 2008, 2�00 P.M.
PLANHOLDER BID BOND BID ADDENDUM
North Valley Inc. Acknowiedge
20015 Iguana Street NW United Fire & $323,858.35 1&2
Nowthen, MN 55330 Casualty
Hardrives, Inc. Western Sure $324,873.00 Acknowledge
14475 Quiram Drive � 1&2
Rogers, MN 55374
Northwest Asphalt, Inc. West Bend Acknowledge
1451 Stagecoach Road $329,308.90 1&2
Shakopee, MN 55379
Dave Perkins Contracting, Inc. Travelers Acknowledge
7060 143�d Ave. NW $342,618.00 1&2
Ramsey, MN 55303
SR Weidema inc. Western Acknowledge
17600 113th Ave. North $344,201.64 1&2
Maple Grove, MN 55369
Keuchle Underground, Inc. Continental Acknowledge
10998 State Mwy Hwy 55 $344,724.00 1&2
Kimball, MN 55353
Midwest Asphalt, Inc. Granite Re Acknowledge
5929 Baker Road, Suite 420 $345.835.80 1&2
Minnetonka, MN 55345
Park Construction Co. Western Surety $380,864.78 Acknowledge
500 73�d Avenue, NE, Suite 123 1&23
Fridley, MN 55432
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FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF JUNE 23, 2008
APPOINTMENTS - COMMISSIONS
Name
Denise Milks
Christopher Anderson
Del Jenkins
Commission
Environmental Quality and
Energy Commission
Appeals Commission
Appeals Commission
Term Expires
April 1, 2010
April 1, 2011
April 1, 2011
� AGENDA ITEM
� COUNCIL MEETING OF JUNE 23, 2008
�ffY �F
FRIDLEY
CLAIMS
137107 -137318
� /�GEND/� ITEM
CITIf COUNCIL MEETING OF JUNE 23, 200�
� �F LICENSES
FRIDLEY
Type of License Applicant Approved By:
Street Vendin Nathan Hee aard Cit Clerk
Bi Bell Ice Cream Inc Police De artment
Parks Director
� AGENDA ITEM
� CITY COUNCIL MEETING OF JUNE 23, 2008
��F LICENSES
FRIDLEY
Contractor T e A licant A roved B
Advanced Awnin Desi n Si n Erector Crai Simensen Ron Julkowski, CBO
Aircare Heatin Jim Townsend Ron Julkowski, CBO
G& J Awnin & Canvas Si n Erector Beth Brenn Ron Julkowski, CBO
Gavic & Sons Gas Paul Gavic Ron Julkowski, CBO
Industrial Equities LLP Commercial or Jeff Salzbrun Ron Julkowski, CBO
S ecialt
Larson Plumbin Inc Heatin Wend Nelson Ron Julkowski, CBO
Maertens-Brenny Commercial or John Hoffman Ron Julkowski, CBO
Specialty
Mobile Maintenance Inc Heatin Ste hen K Witzel Ron Julkowski, CBO
Modern Heating & Air Heating Mike Renstrom Ron Julkowski, CBO
Conditionin
RJM Construction LLC Commercial or Paul Wade Ron Julkowski, CBO
S ecialt
Standard Heating & Air Gas Kent Lee Ron Julkowski, CBO
Conditionin
Standard Heating & Air Heating Kent Lee Ron Julkowski, CBO
Conditionin
Nor-Ell Inc Commercial or Bob Norris Ron Julkowski, CBO
S ecialt
Nor-El Nor-Ell Inc 1 Inc Heatin Bob Norris Ron Julkowski, CBO
Nor-El Nor-Ell Inc 1 Inc Roofin Bob Norris Ron Julkowski, CBO
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FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF JUNE 23, 2008
Date: June 19, 2008
To:
From:
Subj ect:
William Burns, City Manager
Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Public Hearing Regarding Sale of Lots 4-8, Block M, Riverview Heights
Background
Planning staff was contacted by the owner of a single family home at 530 Dover Street, Justin Chapweske,
over a year ago, who was interested in purchasing the land south of his property, which is owned by the City.
He indicated concerns about erosion and wanted to have control of the land in case he needed to build a
retaining wall in the future to protect his home. After months of trying to develop a purchase agreement that
made Mr. Chapweske fully responsible for all costs related to the land sale, our legal counsel advised staff
that the City Council would need to declare the property excess and authorize the land sale before we could
have Mr. Chapweske sign the purchase agreement we developed.
On May 19, 2008, the City Council held a public hearing regarding the potential land sale. Mr. Chapweske
was unable to attend this meeting due to his business travel plans. At the hearing, another property owner
abutting the City-owned lots, Garland Lagesse, testified. Mr. Lagesse, who lives at 7951 Broad Avenue, said
he preferred the City not sell the property. He was willing to meet with his neighbor, however, to determine
if there was a compromise. That hearing was continued to June 23 to allow these two neighbors to meet and
develop a recommendation to the City for a split sale of the five lots.
The Chapweske's and the LaGesse's have met twice since the May 19 Council meeting. Staff has been
unable to coordinate a meeting of all three parties involved, however, as we had hoped, due to Mr.
Chapweske's work schedule. Mr. LaGesse continues to convey to staff that he prefers that the City not sell
this property. Mr. Chapweske has indicated to staff that he is willing to purchase only three of the lots, if that
is more agreeable to the City and his neighbor, or he is willing to purchase all five lots and sell the two
westerly lots, Lots 7 and 8, to Mr. LaGesse at a later date. Retaining two of the five lots is not in the City's
best interests as there will likely be confusion in the future as to properiy boundaries and maintenance of this
wooded area. Since the City needs to retain access to this part of Springbrook Creek through and easement, it
is much more reasonable for the City to sell all five lots or none of them. In addition, by selling these lots, the
City would gain tax revenues, because gaining creek access will increase the private property value of the
Chapweske's property.
Recommendation
Staff recommends that the City Council open the public hearing on June 23 for consideration of declaring
Lots 4-8, Block M, Riverview Heights excess and authorizing the sale, which was continued from May 19.
The first reading of this ordinance related to this item is scheduled for the Council's consideration on July 14,
2008.
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AGENDA ITEM
CITY COUNCIL MEETING OF JUNE 23, 2008
Date: June 19, 2008
To:
From:
Subject:
Wlliam Burns, City Manager
Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Rachel Harris, Environmental Planner
Public Hearing to Consider Revocation of Special Use Permit #06-08 for Fridley
Shop and Stop (formerly Sinclair Fridley), located at 6071 University Avenue NE
Background
On May 5, 2008, the City Council continued a public hearing from February regarding the revocation of SP
#06-08 for the property located at 6071 University Avenue NE. The hearing was continued because the
Fridley HRA was possibly purchasing the property. The HRA would likely be changing the use of the
property, making the SUP unnecessary, giving the City Council reason to revoke the permit under the new
ownership. Sale of the property, however, has now been unexpectedly further delayed, and it may be many
months before negotiations are complete. Since the property owner of the Fridley Shop and Stop (formerly
Sinclair Fridley), has kept the properiy in compliance for several months now and there have been no public
complaints regarding the property's condition, staff believes it is unreasonable to hold the public hearing
open again for several months.
Recommendation
Staff recommends that the City Council open and close the public hearing to consider revocation of Special
Use Permit #06-08 for Fridley Shop and Stop, located at 6071 University Avenue NE, at the June 23, 2008
City Council meeting. In a separate action, staff recommends that the City Council not approve the
previously prepared resolution to revoke SP #06-08.
If the HRA completes its sale of the property at a later date, legal counsel advises that the HRA clear the
special use permit from the record on this property if the intent is that it not be used as an automobile service
station under the current stipulations. Without revocation following a public hearing, a special use permit
will remain on record for this property even after the use discontinues.
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FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF JUNE 23, 2008
Date: June 19, 2008
To:
From:
Subject:
Wlliam Burns, City Manager
Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Rachel Harris, Environmental Planner
Resolution to Revoke Special Use Permit #06-08 for Fridley Shop and Stop
(formerly Sinclair Fridley), located at 6071 University Avenue NE
Background
On May 5, 2008, the City Council tabled consideration of a resolution to revoke special use permit SP #06-
08 for the property located at 6071 University Avenue NE to operate an automobile service station.
Consideration of the matter was tabled until June 23 when it was expected that the Fridley HRA would own
the property and the permit would no longer be needed. Sale of the property, however, has now been
unexpectedly further delayed, and it may be many months before negotiations are complete. Since the
property owner of the Fridley Shop and Stop (formerly Sinclair Fridley), has kept the property in compliance
for several months now and there have been no public complaints regarding the property's condition, staff
believes it is unreasonable to hold this matter open again for several months.
Recommendation
Staff recommends that the City Council deny approval of the attached resolution to revoke SP #06-08 after
holding a public hearing on the matter at the June 23, 2008 City Council meeting.
RESOLUTION NO. _
A RESOLUTION REVOKING SPECIAL USE PERMIT #06-08 FOR FRIDLEY SHOP AND
STOP TO OPERATE A SERVICE STATIONWITH FUEL SALES IN A C-2, GENERAL
BUSINESS ZONING DISTRICT, LOCATED AT 6071 UNIVERSITY AVENUE NE
WHEREAS, Chapter 462 of Minnesota Statutes authorizes the City of Fridley to create zoning
ordinances that regulate the use of land in order to protect the public's health, safety, morals,
and general welfare; and
WHEREAS, City Zoning Code Section 205.05.5.G requires the City Council to revoke a special
use permit, following a public hearing, when there is failure to comply with any and all conditions
and stipulation of the issued permit; and
WHEREAS, the Fridley City Council held a public hearing on February 25, 2008, regarding the
special use permit SP #06-08, setting forth service vehicle and parking criteria to allow light duty
repair at a gas station in a C-2, General Business zoning district at Fridley Shop and Stop,
located at 6071 University Avenue NE
WHEREAS, an July 10, 2006, approval of SP #06-08 included 12 stipulations; and
WHEREAS, City staff conducted an inspection of the site on May 25, 2006, October 12, 2006,
January 22, 2007, and November 5, 2007, to determine compliance with the stipulations of SP
#06-08; and
WHEREAS, City staff found that compliance of several of the stipulations have been repeatedly
violated; and
WHEREAS, the City Council held a public hearing on November 20, 2006, to consider
revocation of SP #06-08; and
WHEREAS, an inspection of the site on December 28, 2007, determined that several of the
stipulations continue to be violated; and
WHEREAS, by all measures staff believes the stipulations will continue to be violated, based on
irregular compliance history; and
WHEREAS, inactivity on the City's part, in light of these violations could arguably constitute a
waiver of the SUP stipulations;
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Fridley, after listening
to all the facts presented at the public hearing, makes the following FINDINGS OF FACT:
1. That the City of Fridley and its staff have acted within the parameters of Fridley Zoning
Code; and
2. That the City of Fridley staff accurately represented the condition of the property when
they inspected it, finding several items of noncompliance of the stipulations of the
special use permit; and
3. That the City of Fridley staff communicated the points of noncompliance to the property
owner in writing prior to the public hearing; and
4. The property owner was notified by mail of the non-compliance and the public hearing
date; and
5. That as of December 28, 2007, the property continues to be in violation of the special
use permit action taken by the City Council on July 10, 2006.
BE IT FURTHER RESOLVED THAT the City Council, having heard and reviewed the evidence
before it, expressly finds that the foregoing recitation is true and correct and incorporates it as
part of its Findings of Fact.
BE IT FURTHER RESOLVED THAT, based on these findings, the City Council of the City of
Fridley hereby revokes the special use permit SP #06-08 to operate a service station with fuel
sales in a C-2, General Business zoning district at Fridley Shop and Stop, located at 6071
University Avenue NE.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF , 2008.
Scott J. Lund, Mayor
ATTEST:
Debra A. Skogen, City Clerk
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To:
From
Date:
Re:
AGENDA ITEM
CITY COUNCIL MEETING OF JUNE 23, 2008
William W. Burns, City Manager
Richard D. Pribyl, Finance Director
Debra A. Skogen, City Clerk
June 19, 2008
First Reading of an Ordinance Proposing to Amend Fridley City Charter Chapters 2-6
On the evening of June 9, 2008, Council conducted a Public Hearing in regards to the proposed
Charter changes suggested by the Fridley Charter Commission. These proposed changes to the City
Charter were deemed necessary by them to maintain both consistency with State Statutes and update
terminology in order to make it easier for our citizens to understand. The Charter Commission
reviewed examples of other city charters as well as pertinent state statute citations in their process of
making these suggested changes.
During the Public Hearing, Councilmember Bolkcom had asked about the existing language on
Section 3.02 SECRETARY OF COLJNCIL. She had asked whether the existing language implied
that a secretary was required at the presence of each Council Conference Meeting and further
implied that minutes were required to be taken at those meetings. After reviewing this issue with the
City Attorney, it was determined that the existing language does not imply or require the attendance
of a"Secretary" at "conference" meetings or that minutes are not required to be taken at these
meetings.
Based on this review and no suggested changes at the Public Hearing held on June 9, 2008, staff
recommends the approval of the First Reading of an Ordinance Proposing to Amend Fridley City
Charter Chapters 2-6.
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.
Memo to City Council
June 19, 2008
Page 2
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.
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.
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 HOlVIE RULE CHARTER BE
HEREBY AMENDED AS FOLLOWS:
CHAPTER 2. CITY COUNCIL OI�C�ANIZATION
SECTION 2.02. ELECTIVE OFFICERS.
1. The Council shall be composed of a Mayor and four (4) Councilmember�,,, Who shall be
eligible voters as defined bv Section 1.04.1 of this Charter. . .
6. The Council shall . . . serve as the
canvassin� board for citv elections.
SECTION 2: THAT CHAPTER 3 OF THE FRIDLEY HOME RULE CHARTER BE
HEREBY AMENDED AS FOLLOWS:
CHAPTER 3. PROCEDURE OF COUNCIL
SECTION 3.01. Ct�UN�IL MEETINGS
3. From time to time the �oun�il may �old cor�ference meetings at which matters are discussed
but no formal ac�iQn is taken. �' M�st conferen�e rneetin�s should be scheduled at the same time
as the Citv Council schedule is made bv resolution.
Section 3,02„ SECRETARY �F COLTNCII,.
The Council shall e�eese ap�rove a Secretary to serve at its meetings. The Secretary shall prepare
the journal ofmi�utes of pro�eedings. 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 or employee 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 €�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 Ordinances or any portion of it
shall be made available by the Council at the office of the City Clerk £or general distribution to the
public at a reasonable charge. Each copy shall contain a print�
Clerk, that the publication is correct, and each copy so publish�c
courts for the purpose of providing the ordinances contained
ordinances were produced in court. �p °�. n,-,a , n�n �
SECTION 3: THAT CHAPTER 4 OF
HEREBY AMENDED AS FOLLOWS:
CHAPTER 4
Section 4.02. REGLTLAR MUNICIPAL ELEC`�
vo,.,,i.,,- ri,,,,,;,.;r.,i oio,.�;,,,,� �i,.,ii �.o i,oi,a Oen tl
TIONS
municipal �eneral elections shall be held, �t �
designate by resolution. �� General munica�
year. The Council may divide th� City into as ma
deem necessary. Each ward shall constitute at leas
in more than one (1) ward. At least fifteen (15) da
time and places of holding such election, and of
it,
attested to by the City
;ived in evidence in all
��e as if the original
LEY HOME RULE
TIONS
TER BE
after the first Monday in November
i place'�� or places as the City Council may
elections shall be held every even numbered
voting precincts as it may from time to time
�e (1) voting precinct and no precinct shall be
notice shall be given by the City Clerk of the
; officers to be elected, by posting a notice
thereof in at least one (1) public place in each voting precinct and by publishing a notice thereof at
least once in the official newspaper of the City, but failure to give such notice shall not invalidate
such election. . .
Section 4.08. CANVASS OF ELECTIONS AND TAKING OF OFFICE.
If more than two candidates filed for office, the Council shall meet and canvass the primarv
election returns within two (2) calendar davs after anv primarv election,. The two candidates
for each office who receive the highest number of votes shall be nominees for the office named.
the municipal �enerai 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 advicei 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 numb�r of petitioners and the percentage of
the total number of registered voters which they constitute, a�id the Council shall at once read the
ordinance and refer it to an appropriate committee, whi'ch may be a committee of t��e whole. The
committee or Council shall thereupon provide for public hearings upon the ordinance; after the
holding of which the ordinance shall be finally acted upon by 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 special election; upQn the measure. Such special
election shall be held not less than ��*�� ���° �^°` fiftv-three,,(53) nor more than sixty (60) days
from the date of final action on the ordinance by the CounciT`� or after the expiration of sixty-five
(65) days from the dat� Qf submissiQn to the Council 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 propc��ed ordir��nce with amendments and at least four-fifths
(4/5) of the committee ;of petitiQners do not express their dissatisfaction with such amended form
by a statement filed with the Gity Clerk within ten (10) days of the passage thereof by the
Council, the ordinance�need not be submit�ed to the electorate. (Re£ Ord. 857, 1142)
Section 5.12. FILING OF REFERENDLTNI PETITIONS
amendment are set forth in Minnesota Statutes.
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 PETITIONS
If the referendum petition or amended referendum petition is found to be sufficient, the City
Clerk shall transmit the referendum petition to the Council �t the next regular Council meeting.
The Council shall thereupon reconsider the ordinance ������nd eit�ier repeal it or by aye and �e �
vote re-affirm its adherence to the ordinance as passed. If the Council votes to re�ffirm 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 such 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 sufficient, the City Clerk shall transmit it to the
Council without delay, and shall also officially notify the person sought to be recalled of the
sufficiency of the petition and of the pending action. The �QUncil shall at its next meeting, by
resolution, provide for the holding of a special recall election not less than ��*�� r�r° �^°` fiftv-
three 53 nor more than sixty (60) days after such meeting,� but if any other election is to occur
within sixty (60) d�y� af�er such i�eeting, the Council may in its discretion provide for the
holding of the recall election at that time. (Ref. Ord. 1142)
Section 5.21. FORM OF
the Council of the comnleted recall neti�ion, the Council shall declare the office vacant and
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 ten (10) days published
notice in the official newspaper or other means authorized bv state statute. In accordance with
to advertise for bids. When a bid is required, it shall be let to the lowest r�
qualified in accordance with Minnesota State Statutes as determined by tihe
may, however, reject any and all bids. Nothing contained in this ��Section sI
from contracting for the doing of work with patented processes, or from the
appliances.
PASSED AND ADOPTED BY THE CITY COUN
DAY OF 200_.
ATTEST:
DEBRA A. SKOGEN, CITY CLERK
Public Hearing: June 9, 2008
First Reading:
Second Reading:
Published:
ible bidder who is
icil. The Council
-event the council
iasing of patented
OF FRIDLEY THIS
SCOTT J. LUND, MAYOR
� AGENDA ITEM
� CITY COUNCIL MEETING OF
�T�` �F June 23, 2008
FRIDLE7`
To: William W. Burns, City Manager
From: Richard D. Pribyl, Finance Director
Jim Kosluchar, Public Works Director
Date: June 19, 2008
Re: Water and Sewer Rate Study
Last month city staff prepared a water and sewer rate study "Request for Proposal" (RFP). The RFP
was sent to 3 engineering firms that specialize in this area. The three firms were:
• Short Elliott Hendrickson, Inc. (SEH)
• Advanced Engineering and Environmental Services, Inc. (AES)
• Progressive Consulting Engineers Inc. (PCE)
Staff received two proposals in response to our RFP. Each of those two firms met with staff prior to
the submission of their proposal to fully understand the background associated with the study to be
done. Each of the proposals were very well defined as to their understanding of the project along
with their defining what city staff would need to provide in order for them to accomplish the study.
Staff has reviewed each of the two proposals and found very similar pricing and staffing
qualifications for the consultants. The one area that seemed to tip the scales as far as our selection
criteria was that of similar studies within the past few years. PCE has worked on 20 studies similar
to the one that we have defined in the RFP within the past 10 years. This one criteria, was the single
item that seemed to differentiate the two consultants. And with that, staff is recommending PCE be
selected as the consultant to provide the "Comprehensive Water and Sewer Rate Study" with an
amount not to exceed $30,000.
As you may recall, this study would provide us with the following:
1. Three different optional water rate structures.
2. Water conservation techniques will be research within the structures.
3. Customer associated costs will be evaluated as associated with at least one structure.
4. Rate structures will analyze fixed costs associated with each customer class and provide a
rate structure incorporating the fixed component.
5. Analyzing the aging meter inventory and provide estimate of revenue loss based on
American Water Works Association (AWWA) data.
6. Analyze the current sewer rate structure and provide alternative structures.
Staff recommends Council make a motion to approve Progressive Consulting Engineers, Inc.
as its consultant to provide its "Comprehensive Water and Sewer Rate Study" in an amount
not to exceed $30,000.
� AGENDA ITEM
� CITY COUNCIL MEETING OF JUNE 23, 2008
�ffY �F
FRIDLEY
INFORMAL STATUS REPORTS