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07/14/2008 - 6163� _ , r �. . � CRY OF FRIDI.EY FRIDLEY CITY COUNCIL MEETING OF JULY 14, 2008 7:30 p.m. - City Council Chambers Attendance Sheet ALFASF AR/NT NAMF, AaflRFSS ANU /1'FM NUMBFR YaU AR� /Ni'FRFSTFD /N. Print Name (Clearly) Address Item No. ' �\��•��,:��e��e-L (�� G' U "� � 7 � .! ^ ` r v ql 4 ��T � L, -F � � G _ � � � �� ` ._ . `� a -- .. FRIDLEY CITY COUNCIL MEETING OF JULY 14, 2008 T — ' �' : ..'� CffY OF FRIDLEY The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or otlaer 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. APPROVAL OF PROPOSED CONSENT AGENDA: ��}�W BUSINESS (CONTINUED): J-;�-_., APPROVAL OF PROPOSED CONSENT AGENDA: ;'"�5. ; Receive Bids and Award Contract for the 2008 �. _.�� Quiet Zone Project No. ST2007-3 APPROVAL OF MINUTES: �('fi� .v� (Ward 3) ................................... 26 - 27 �L�' � � City Council Meeting of June 23, 2008 '� ��. }�`� Q`'��` � � �/�s��- � � l� ` � 6. Receive Bids and Award Contract for the Elevated OLD BUSINESS: Water Tower No. 2 Rehabilitation Project No. 378 (NVard 1) .................................. 28 - 31 Second 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 .. .. . .. .................. 1 - 8 C� � �ti5� NEW BUSINESS: r-.. �i�` �` 4.; i Receive the Minutes from the Planning Commission Meeting of June 18, 2008 ................................... 9 - 13 Special Use Permit Request, SP #08-09, by Alisa Gutierrez, to Allow a Cat and Dog Grooming Business, Generally Located at 6501 Central Avenue N.E. (Ward 2) .. 14 - 18 �-' � ��-1; P .�� -1 Variance Request, VAR #08-05, by Jay Thorson of Daily Companies on Behalf of Miller Funeral Home, to Reduce the Side Yard Setback on the North Side of the Building from 15 Feet to 3.7 Feet to Allow an Expansion of the Existing Garage; and to Increase the Encroachment of a Canopy into the Required Side Yard from 3 Feet to 7 Feet, Generally Located at 6210 Highway 65 N.E. (Ward 2) . .............. ................ 1 � - 25 iT' � G ✓�P'� �'1 LL� ��. � � � �� _`, %%�'� P� 2 � � �/ �:S' % f� `.� .'�- � 7. Claims (137321 -137610) ................ 32 �� - -. . , ` 8. ;{ Licenses �� ::..: :t. 4� ....................... 33 - 40 �..... .,_.- � � �J� 5��5�� ,-, � ,2 :��rns �.; ., ,.>. E��_� �� e� i �.. k e�� Z � 9. Estimates ................................... 41 � a �� ,J �il� ` c� � �� ADOPTION OF AGENDA.J�� OPEN FORUM (VISITORS): Consideration of Items Not on Agenda -15 Minutes �� -�' `��" ` ��v� ti PUBLIC HEARING: �- �.�� jZ g�� S(�,- 10. Consideration of a Special Use Permit, SP #06-04, by Brent Anderson for BDA Development Co., to Allow Limited Outdoor Storage in an M-1, Light Industrial Zoning District, Generally Located at 7600 Highway 65 N.E. (Ward 2) {Continued January 7, 2008) .. . ..a..: . �- ..... 42 - 45 � r ��........... C�r�-�S� — `�� / `�'f �'��3� ��' ( � � _ �� . - t 4 - , $ _ __ � FRIDLEY CITY COUNCIL MEETING OF JULY 14 2008 PAGE 2 OLD BUSINESS: 11. Resolution Revoking Special Use Permit, SP #06-04, for BDA Development to Allow Limited Outdoor Storage in an M-1 Zoning District, Generally Located at 7600 Highway 65 N.E. (Ward 2) (Tabled January 7, 2008) ..........................;........ 46 - 49 f�>�,��(IL �� /�� NEW BUSINESS: 12. First Reading of an Ordinance Under Section 12.06 of the Fridley City Charter Declaring Certain Real Estate to be Surplus and Authorizing the Sale Thereof (Generally Located on Springbrook Creek Near the Intersection of Broad Avenue and 79th Way) (Ward 3) ................................... 50 - 51 � �I�S/ �,s�- l 13. Informal Status Reports ..................... 52 ADJOURN. ��j ��I � � � � � �S I � �,v �O � � � CITY COUNCIL MEETING OF JULY 14, 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. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of June 23, 2008 OLD BUSINESS: 1. Second 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 ....................................................... 1- 8 NEW BUSINESS: 2. Receive the Minutes from the Planning Commission Meeting of June 18, 2008 ......................................................... 9- 13 FRIDLEY CITY COUNCIL MEETING OF JULY 14, 2008 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 3. Special Use Permit Request, SP #08-09, by Alisa Gutierrez, to Allow a Cat and Dog Grooming Business, Generally Located at 6501 Central Avenue N. E. (Ward 2) .............................................................. 14 - 18 4. Variance Request, VAR #08-05, by Jay Thorson of Daily Companies on Behalf of Miller Funeral Home, to Reduce the Side Yard Setback on the North Side of the Building from 15 Feet to 3.7 Feet to Allow an Expansion of the Existing Garage; and to Increase the Encroachment of a Canopy into the Required Side Yard from 3 Feet to 7 Feet, Generally Located at 6210 Highway 65 N.E. (Ward 2) .................................................. 19 - 25 5. Receive Bids and Award Contract for the 2008 Quiet Zone Project No. ST2007-3 (Ward 3) .................................................. 26 - 27 6. Receive Bids and Award Contract for the Elevated Water Tower No. 2 Rehabilitation Project No. 378 (Ward 1) .................................................................................................. 28 - 31 7. Claims (137321 — 137610) ............................................................................ 32 8. Licenses ................................................................................................... 33 - 40 9. Estimates ................................................................................................... 41 FRIDLEY CITY COUNCIL MEETING OF JULY 14, 2008 PAGE 3 ADOPTION OF AGENDA. OPEN FORUM (VISITORS): Consideration of Items Not on Agenda — 15 Minutes PUBLIC HEARINGS: 10. Consideration of a Special Use Permit, SP #06-04, by Brent Anderson for BDA Development Co., to Allow Limited Outdoor Storage in an M-1, Light Industrial Zoning District, Generally Located at 7600 Highway 65 N.E. (Ward 2) (Continued January 7, 2008) ........................................................................................... 42 - 45 OLD BUSINESS: 11. Resolution Revoking Special Use Permit, SP #06-04, for BDA Development to Allow Limited Outdoor Storage in an M-1 Zoning District, Generally Located at 7600 Highway 65 N. E. (Ward 2) (Tabled January 7, 2008) .................................................. 46 - 49 NEW BUSINESS: 12. First Reading of an Ordinance Under Section 12.06 of the Fridley 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) (Ward 3) ................................................................................................... 50 - 51 13. Informal Status Reports ................................................................................ 52 ADJOURN. CITY COUNCIL MEETING CITY OF FRIDLEY JUNE 23, 2008 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 732 p.m. ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmember-at-Large Barnette Councilmember Saefke Councilmember Varichak Councilmember Bolkcom OTHERS PRESENT: William Burns, City Manager Richard Pribyl, Finance Director James Kosluchar, Public Works Director Scott Hickok, Community Development Director Fritz Knaak, City Attorney PRESENTATIONS: A1 Swintek, CenterPoint Energy — Presentation to Fire Department A1 Swintek, CenterPoint Energy presented a check to Fire Chief Berg in the amount of $2,500 to help purchase protective clothing for the firefighters. Mayor Lund thanked CenterPoint Energy for their generous gift. STATE LEGISLATIVE UPDATE: Senator pon Betzold said that this year's legislative session started on February 12 and ended on May 18. This was not a budget year but the constitution requires the budget to balance. The current budget had a$3.0 million deficit from one year ago. The spending funds were close to accurate but the revenues came in lower than projected. The budget did balance, but they may have the same problem next year. Representative Carolyn Laine said she is very optimistic that the Fridley Northstar Station will be built because of the sales tax increase. This extra sales tax expense must go to the County fund but whatever money is left over may be applied towards the Fridley station. The Fridley station is on the top of the wish list and grants will also be applied for to seek additional funding. Representative Tom Tillberry said the best thing about this year's session was the transportation bill that was passed. It will help fix bridges and roads so they are safe for everyone. FRIDLEY CITY COUNCIL MEETING OF JUNE 23, 2008 PAGE 2 Representative Kate Knuth said this year the focus was on a lot of basic items like the transportation bill, education and health care. The bonding bill request was over $4.0 billion but ended at $800.0 million, and the central corridor is a major piece of this bill. Senator Betzold said that the tax bill was vetoed last year but passed this year. Local government aid was sought and Fridley will benefit with an 84% increase. Legislative limits came along with LGA increases. Mayor Lund said that it does not matter about the levy limits for Fridley because of the Charter restrictions. The validity of the LGA sounds good but is difficult to budget. Some communities do not rely on LGA at all because it is not a guarantee. Councilmember Barnette thanked Representative Laine for her enthusiasm for the Fridley Northstar station. Councilmember Bolkcom said she appreciated all the efforts on the TIF district, as this will help develop the area and make Fridley a better community. Mayor Lund asked if the revenues for next year would be better. Senator Betzold said it appears that there will be at least a$1.0 billion deficit next year not including inflation, so next year will most likely be a brutal session. Giacomo Greco from Cagliari, Sardinia (Foreign Exchange Student) Sue Davis introduced Giacomo Greco and said he has been a foreign exchange student at Totino Grace and soon will be leaving to go back home. Giacomo presented a plaque from the City of Cagliari to Mayor Lund and the Councilmembers. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of June 9, 2008. APPROVED. NEW BUSINESS: 1. Receive the Minutes from the Planning Commission Meeting of May 21, 2008. RECEIVED. FRIDLEY CITY COUNCIL MEETING OF JUNE 23, 2008 PAGE 3 2. Resolution Providing for the Sale of $1,915,000 General Obligation Improvement Bonds, Series 2008A. William Burns, City Manager, said the bond proceeds will be used to cover the City's portion of the 2008 Neighborhood Street Improvement Project. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2008 — 26. 3. Resolution Providing for the Sale of $3,725,000 General Obligation Water Revenue Bonds, Series 2008B. William Burns, City Manager, said the proceeds from this large bond issue will be used to cover the costs of our 2008 and 2009 water system improvement projects. They include the following proj ects: 1. Well Redevelopment - $130,000 2. Commons Park filter media replacement -$500,000 3. Repair and painting of Highway 65 water storage tank -$1,100,000 4. Replacement of Gardena Avenue water main -$150,000 5. Distribution system replacement - $620,000 6. Installation of variable frequency drives (soft starters) at two wells -$100,000 7. Repair and painting of the Commons Park elevated storage tank -$360,000 8. Repair and painting of the Commons Park reservoir -$70,000 Dr. Burns said we are bonding for two years of improvement costs in order to reduce overhead for the bond issue. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2008 — 27. 4. Receive Bids and Award Contract for the 2008 Gardena Avenue Rehabilitation Project ST 2008-2. William Burns, City Manager, said we opened bids from eight contractors on June 19. The low bid is from North Valley Paving, of Nowthen, Minnesota in the amount of $323,858.35. The low bid is lower than our budgeted amount of $337,400. Assuming a final cost of $330,000, including construction engineering and testing, the revenues for this street overlay and water main replacement proj ect will be drawn from the following sources: 1. MSAS Funding - $74,000 2. Water Fund - $136,000 3. Special Assessments - $120,000 Dr. Burns said staff recommends the award of the contract to the low bidder, North Valley Paving, Inc. FRIDLEY CITY COUNCIL MEETING OF JUNE 23, 2008 PAGE 4 RECEIVED BIDS AND AWARDED CONTRACT TO NORTH VALLEY PAVING, INC., IN THE AMOUNT OF $323,858.35. 5. Appointments to Commissions. William Burns, City Manager, said that Staff recommends the following commission appointments: 1. Denise Milks — Environmental Quality & Energy Commission 2. Christopher Anderson - Appeals Commission 3. Del Jenkins - Appeals Commission APPROVED. 6. Claims (137107 —137318). APPROVED. 7. Licenses. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. APPROVAL OF PROPOSED CONSENT AGENDA: Councilmember Bolkcom asked to amend the City Council minutes of June 9, 2008, on Page 11, by changing "shore" to "short." MOTION by Councilmember Bolkcom to approve the consent agenda with the minutes as amended. Seconded by Councilmember Saefke. UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF AGENDA: MOTION by Councilmember Bolkcom to adopt the agenda as presented. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM (VISITORS): No one from the audience spoke. FRIDLEY CITY COUNCIL MEETING OF JUNE 23, 2008 PAGE 6 Councilmember Bolkcom asked who would bear the cost for the transfer of title, lot survey, etc. Mr. Hickok said that all costs would be paid by the new owner of the property. Councilmember Bolkcom said that the first step in this process is to declare the property as surplus, not to decide who will buy the property. Mr. Hickok said that is correct. Utility easement and other pertinent issues will also need to be worked out. Councilmember Bolkcom asked if the property needed to be owned by the City to maintain the easement. Mr. Hickok said that if we sell the property, the City will still maintain the utility and drainage easements. Fritz Knaak, City Attorney, said that the issue tonight is to determine the lots surplus property. In order to sell the property it first must be determined if the property is needed by the City. If the property is not needed by the City for any useful purpose, the city may sell the property but is not required to sell the property. Councilmember Bolkcom asked if this process was the standard procedure. Mr. Hickok answered that this is the same process that has been done in the past., but the City has never experienced two buyers. Mayor Lund said that on the map, these lots look big enough to build a home on the property. Mr. Hickok said that the map is very deceiving. Buffalo Street appears to go through but it is a right of way. There are also issues with the setback to the site, creek preservation and shore land overlay. If the land is not able to be built on and has no use to the City, the land may as well be owned by the adj acent property owners. Justin Chapweske, 530 Dover Street, said this area could not have any development on it. He said he is an environmentalist and would intend to keep the property in its natural state. His property is on the top of a hill and the grade of the hill is about a 45 degree slope. Erosion prevention is an issue and he feels it is his personal responsibility to maintain this property to protect his home. The property does not have sufficient vegetation, erosion problems are present and deterioration of trees is an issue. Currently a lot of trees have fallen which creates hazards in the area. The debris on this site is also choking out the growth of new vegetation. Mr. Chapweske said there is not access to this lot. The marketability of this lot is only of interest to adjacent land owners. He is interested in buying all 5 lots or splitting and sharing the responsibility with Mr. LaGesse. FRIDLEY CITY COUNCIL MEETING OF JUNE 23, 2008 PAGE 7 Mayor Lund asked how long Mr. Chapweske has lived on the property. Mr. Chapweske answered two years. Mayor Lund asked if he currently mows or keeps up the property. Mr. Chapweske answered no. Mayor Lund asked Mr. Chapweske if he understood that there will be limited use of the property. Mr. Chapweske answered yes. Mayor Lund asked if the restrictions for usage of this property would be in place for any future owners of the property and if that would be a problem. Mr. Chapweske said he would want the restrictions in place for future owners in order to keep the land in its natural state. Mayor Lund asked if the property was split, if the owners would be able to put up a fence to define the split. Mr. Hickok said they could put up a rail fence, but not a privacy fence. Mr. LaGesse, 7951 Broad Avenue, said he has lived on the property for 30 plus years. At the last meeting he did not have enough information to make a decision. After meeting with staff and his neighbor, he would want the City not to sell the lots, sell Mr. Chapweske 3 lots and do not sell the other 21ots, or sell Mr. Chapweske 3 lots and the other two lots to him. He asked if they could all meet to discuss the details. Mayor Lund said that he was sensitive to Mr. LaGesse's and Mr. Chapweske's needs but tonight's focus is to determine if the property is surplus property. The next step would be to decide to sell or not to sell and work out the split. Councilmember Saefke asked for clarification that tonight is to decide if the property is surplus and if it is, whether a time could be set for the adjacent property owners to meet with staff to come to an agreement to work out the details on a split. Mayor Lund said that is correct. MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 8:36 P.M. FRIDLEY CITY COUNCIL MEETING OF JUNE 23, 2008 PAGE 8 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). MOTION by Councilmember Saefke to remove this item from the table and open the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED AT 8:37 P.M. Scott Hickok, Community Development Director, said that on May 5, 2008, the City Council continued a public hearing from February regarding the revocation of Special Use Permit, SP #06-08, for the property located at 6071 University Avenue NE. The hearing was continued because the Fridley HRA was possibly going to purchase 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. Mr. Hickok said the sale of the property has 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 the public hearing open again for several months. Mr. Hickok said 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. In a separate action, staff recommends that the City Council not approve the previously prepared resolution to revoke Special Use Permit, 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. Councilmember Saefke asked why there is a delay in purchasing the property. Mr. Hickok said the HRA wants to make sure there is no contamination on the site. MOTION by Councilmember Saefke to close the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 8:40 P.M. FRIDLEY CITY COUNCIL MEETING OF JUNE 23, 2008 PAGE 9 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). MOTION by Councilmember Saefke to deny the resolution revoking Special Use Permit, SP #06-08. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY 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. Richard Pribyl, Finance Director, said at the Council meeting of June 9, a public hearing was held to review the changes suggested by the Charter Commission. These changes were seen as keeping the Charter in compliance with State Statutes and also modifying some language to keep it consistent throughout the document. Mr. Pribyl said during the public hearing, Councilmember Bolkcom asked about the existing language in "Section 3.02 SECRETARY OF COLJNCIL." She asked whether the current language implied that a secretary was required to be in attendance at Council conference meetings and that minutes be taken. After discussing this issue with the City Attorney, it was determined that the current language is still appropriate and does not imply that a secretary be present at conference meetings or that minutes are required. This conclusion continues to be based on the fact that no action is being taken by Council at any of these types of ineetings. Based on the review with the City Attorney and since there were no suggested changes as a result of the public hearing held on June 9, 2008, staff recommends the approval of the first reading of the ordinance making the changes. MOTION by Councilmember Bolkcom to waive the reading of the ordinance and approve the ordinance on first reading. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY FRIDLEY CITY COUNCIL MEETING OF JUNE 23, 2008 PAGE 10 12. Receive Bids and Award Contract to Provide a Comprehensive Water and Sewer Rate Study for the City of Fridley. Richard Pribyl, Finance Director, said staff developed a request for proposal that was sent to three engineering firms that specialize in rate studies. Two firms replied. Staff reviewed each of the two proposals and found them to be very similar including pricing. One of the firms seemed to have more specialization with rate studies. Staff contacted the references and again found them to be very complementary on both firms. The study will analyze both the water rates and sewer rates and consumption histories will be developed by customer type. Three different water rate structures will be developed for the water utility: a base line structure that associates cost of water by customer class will be developed, an Increasing block structure with a fixed cost component will also be analyzed and water conservation rates will be also be reviewed as a part of this study. Mr. Pribyl said the aging meter inventory will also be reviewed to determine whether a meter change-out would provide additional revenues to possibly support an Automated Meter Reading Program. The sewer rate structure will be reviewed to determine the best rate structure given the current self-read metering program. After review of the two proposals and follow up reference checks, staff recommends Council make a motion to approve Progressive Consulting Engineers, Inc. as the City's consultant provide a"Comprehensive Water and Sewer Rate Study" at a cost not to exceed $30,000. MOTION by Councilmember Saefke to receive the bids and award the contract for a Comprehensive Water and Sewer Rate Study for the City of Fridley to Progressive Consulting Engineers, Inc., in an amount not to exceed $30,000. Seconded by Councilmember Barnette. UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY Presentation of Retirement Plaques to Robert Bennek and Clint Coppicus. Mayor Lund presented retirement plaques to Robert Bennek (20 years) and Clint Coppicus (30 years) and thanked them for their years of service. 13. Informal Status Reports. Councilmember Bolkcom said she had a chance to work at the recycling drop-off event and was amazed with the number of electronics people had to drop off. It was a successful event. She also mentioned that the `49er Days parade was great. Councilmember Saefke said he thought the fireworks were spectacular. A lot of people came to see them. Councilmember Varichak congratulated Mayor Lund and his wife on their daughter's new title of Miss Fridley 2008. FRIDLEY CITY COUNCIL MEETING OF JUNE 23, 2008 PAGE 11 Mayor Lund thanked Pete Borman for coordinating the `49er Days events. ADJOURN: MOTION by Councilmember Barnette to adjourn. Seconded by Councilmember Varichak. UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 9:00 P.M. Respectfully Submitted, Krista Monsrud Scott J. Lund Recording Secretary Mayor � � �ffY �F FRIDLEY To: From Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF July 14, 2008 William W. Burns, City Manager Richard D. Pribyl, Finance Director Debra A. Skogen, City Clerk June 26, 2008 Second 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. A public hearing was held on June 9, 2008, to review the proposed charter changes recommended by the Fridley Charter Commission. These proposed changes to the City charter were deemed necessary to maintain consistency with state statutes and to update terminology 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 during their deliberations in making these recommended changes. Councilmember Ann Bolkcom questioned whether the existing language in Section 3.02. Secretary of the Council implied a secretary was required to be present and take minutes at each Council conference meeting. After reviewing Councilmember Bolkcom's question with the City Attorney, it was determined the existing language did not imply or require the Secretary be present or take minutes at conference meetings. The first reading of the ordinance was held on June 23, 2008. Staff recommends holding the second reading of an Ordinance Proposing to Amend Fridley City Charter Chapters 2-6. The Charter Commission recommends the following changes: Chapter 1— the Commission reviewed the chapter and found there was no need for any changes at this time. Chapter 2 Section 2.02.1 - added language for further clarification; Section 202.6 — changed language to make it consistent with state language Chapter 3 - Section 3.01 — since most conference meetings are done at the same time as the city council meetings, the Commission felt the language in the charter should be changed to reflect that activity. It also does not limit the Council from adding additional conference meetings. Section 3.02 — changed choose to approve as the secretary is usually recommended by the City Manager. 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. INITIATIVE, 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 HOME RULE CHARTER BE HEREBY AMENDED AS FOLLOWS: CHAPTER 2. CITY COUNCIL ORGANIZATION SECTION 2.02. ELECTIVE OFFICERS. 1. The Council shall be composed of a Mayor and four (4) Councilmembers 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. COUNCIL MEETINGS 3. From time to time the Council may hold conference meetings at which matters are discussed but no formal action is taken. Most conference meetin�s should be scheduled at the same time as the Citv Council schedule is made bv resolution. Section 3.02. SECRETARY OF COLTNCIL. The Council shall e�eese approve a Secretary to serve at its meetings. The Secretary shall prepare the journal of minutes of proceedings. The Secretary shall also prepare other records and perform other duties as may be required by this Charter or by vote of the Council. The Council may designate any official or employee of the City, except the City Manager or a member of the Council, to act as Secretary of the Council. . . Ordinance No. Section 3.04. ORDINANCES, RESOLUTIONS AND MOTIONS. Page 2 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�� Section 3.06. EMERGENCY ORDINANCES. 1. An emergency ordinance is an ordinance necessary for the immediate preservation of the public peace, health, morals, safety or welfare in which the emergency is defined and declared, and which is passed by a vote of at least three (3) members of the Council, as recorded by ayes and �ees navs. Section 3.10. CODIFICATION OF ORDINANCES. The ordinances of the City shall, at intervals of not more than €r�e-(5� ten 10 years, be rearranged and codified with such additions and deletions as may be deemed necessary by the Council. The codification shall be published in book or continuously revised loose-leaf form or stored by electronic means such as a computer. Copies of the Code of City Ordinances or any portion of it shall be made available by the Council at the office of the City Clerk for general distribution to the public at a reasonable charge. Each copy shall contain a printed certificate attested to by the City Clerk, that the publication is correct, and each copy so published shall be received in evidence in all courts for the purpose of providing the ordinances contained in it, the same as if the original ordinances were produced in court. . . SECTION 3: THAT CHAPTER 4 OF THE FRIDLEY HOME RULE CHARTER BE HEREBY AMENDED AS FOLLOWS: CHAPTER 4. NOMINATIONS AND ELECTIONS Section 4.02. REGLTLAR MUNICIPAL ELECTIONS. p°�„'�r m„„;�;„�' °'°�*;�„� �'��"'�°'�°'�' Oen the first Tuesday after the first Monday in November municipal �eneral elections shall be held, at such place or places as the City Council may designate by resolution. � General municipal elections shall be held every even numbered year. The Council may divide the City into as many voting precincts as it may from time to time deem necessary. Each ward shall constitute at least one (1) voting precinct and no precinct shall be in more than one (1) ward. At least fifteen (15) days' notice shall be given by the City Clerk of the time and places of holding such election, and 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 Ordinance No. Page 3 least once in the official newspaper of the City, but failure to give such notice shall not invalidate such election. � °�. r'r�� 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 hi�hest number of votes shall be nominees for the office named. Their names shall be certified bv the citv clerk to the Countv Auditor who shall place them on the municipal �eneral election ballot without partisan desi�nation. The Council shall meet and canvass the �eneral (re�ular) election or special election returns within seven (7) calendar days after any regular or special election, shall make full declaration of the results, and file a statement thereof with the City Clerk Said statement shall be made a part of the minutes. This statement shall include: (a) the total number of good ballots cast; (b) the total number of spoiled or defective ballots; (c) the vote for each candidate, with a declaration of those who are elected; (d) a true copy of the ballots used; (e) the names of the judges of election; and (� such other information as may seem pertinent. The City Clerk shall forthwith notify all persons elected of the fact of their election, and the persons elected shall take office at the time provided for by Section 3.01, upon taking subscribing and filing with the City Clerk the required oath of office. �e�,��; SECTION 4: THAT CHAPTER 5 OF THE FRIDLEY HOME RULE CHARTER BE HEREBY AMENDED AS FOLLOWS: CHAPTER 5. INITIATIVE, REFERENDUM AND RECALL Section 5.02. Expenditures by Petitioners No member of any initiative, referendum, or recall committee, no circulator of a signature paper, and no signer of any such paper, or any other person, shall accept or offer any reward, �ee� monetarv or otherwise, for service rendered in connection with the circulation thereof_�T�his shall not prevent the committee from paying for legal advice� and from incurring an expense not to exceed $200 for stationery, copying, printing, and notaries fees..." Section 5.07. Action of the Council on Petitions When the completed petition is found to be sufficient, the City Clerk shall transmit the initiative petition to the Council at its next meeting, stating the number of petitioners and the percentage of the total number of registered voters which they constitute, and the Council shall at once read the ordinance and refer it to an appropriate committee, which may be a committee of the 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 Ordinance No. Page 4 registered voters, the Council shall call a special election upon 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 Council or after the expiration of sixty-five (65) days from the date of submission 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 proposed ordinance with amendments and at least four-fifths (4/5) of the committee of petitioners do not express their dissatisfaction with such amended form by a statement filed with the City Clerk within ten (10) days of the passage thereof by the Council, the ordinance need not be submitted to the electorate. (Re£ Ord. 857, 1142) Section 5.12. FILING OF REFERENDUM PETITIONS 1. REFERENDUM PETITION PROPOSING REPEAL OF CHARTER AMENDMENT The requirements for the purpose of petitionin� for a referendum repealin� a charter 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 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 at the next regular Council meeting. The Council shall thereupon reconsider the ordinance and either repeal it or by aye and �e � vote re-affirm its adherence to the ordinance as passed. If the Council votes to reaffirm the Ordinance No. Page 5 ordinance, the Council shall immediately order a special election to be held thereon, not less than ro•-*�, �;�° �n°` 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 Council 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) days after such meeting, 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 RECALL BALLOT. L If the officer sou�ht to be recalled resi�ns within ten (10) davs after the receipt bv the Council of the completed recall petition, the Council shall declare the office vacant and shall then fill the vacancv for the unexpired term in accordance with the Citv Charter, Section 2.06. 2. TT�'°�� *'�° ��°r T-�'��° r° ��' ; �'�+ r° � If the officer sou�ht to be recalled does not resi�n within 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. � , . . 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, ^*'�°n-��°° rr��'°, the City Manager shall advertise for bids by at least ten (10) days published Ordinance No. Page 6 notice in the official newspaper or other means authorized bv state statute. In accordance with Section 3.06 of the citv charter the citv council has the authoritv to for �o this requirement to advertise for bids. When a bid is required, it shall be let to the lowest responsible bidder who is qualified in accordance with Minnesota State Statutes as determined by the Council. The Council may, however, reject any and all bids. Nothing contained in this Section shall prevent the council from contracting for the doing of work with patented processes, or from the purchasing of patented appliances. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 14t'' DAY OF JULY 2008. SCOTT J. LUND, MAYOR ATTEST: DEBRA A. SKOGEN, CITY CLERK Public Hearing: June 9, 2008 First Reading: June 23, 2008 Second Reading: July 14, 2008 Published: PLANNING COMMISSION MEETING JUNE 18, 2008 Chairperson Savage called the Planning Commission Meeting to order at 7:01 p.m. MEMBERS PRESENT: Brad Sielaff, David Kondrick, Dean Saba, Diane Savage, Brad Dunham, Jack Velin, and Leroy Oquist MEMBERS ABSENT: None OTHERS PRESENT: Stacy Stromberg, City Planner APPROVAL OF PLANNING COMMISSION MEETING MINUTES: May 21, 2008 MOTION by Commissioner Kondrick to approve the minutes as presented. Seconded by Commissioner Saba. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING Consideration of Special Use Permit SP #08-09, by Alisa Gutierrez, to allow a cat and dog grooming business, legally described as Tract A Registered Land Survey No. 27, subject to easement of record, generally located at 6501 Central Avenue NE. MOTION by Commissioner Kondrick to open the public hearing. Seconded by Commissioner Sielaff. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE HEARING OPENED AT 7:04 P.M. Stacy Stromberg, City Planner, stated the petitioner is requesting a special use permit to allow a dog and cat grooming business within one of the tenant spaces of the stipmall located at 6501 Central Avenue. Ms. Stromberg stated the subject property is located at the northeast corner of Central Avenue and Mississippi Street. The property is zoned G2, General Business. According to building permit records, a building existed on the site prior to 1949, however; that structure burned down. The existing building and gasoline pumps were then constructed in 1969. Over the years the attached strip mall has been leased to various small commercial businesses. Ms. Stromberg stated the existing building is 4,640 square feet. The building is currently occupied by a convenience/gas station, with a few separate tenant spaces that are leased to individual businesses. The petitioner plans to lease an 18 ft. by 40 ft. (720 sq. ft.) space for her business. Ms. Stromberg stated the City Code allows animal clinics, veterinary clinics, animal hospitals, public kennels, obedience schools and training services in the G2, General Business zoning district, with a special use permit. City Code does not specifically list pet grooming as a permitted special use; however, the above listed uses are similar enough to require the petitioner to apply for a special use permit for the grooming use in this zoning district, to ensure compatibility. Ms. Stromberg stated based on the square footage the petitioner will be leasing for her business, two parking stalls will be required. The property owner has dedicated two parking stalls in front of the building to the petitioner's business and is also providing three additional stalls for her business on the east side of the building. As a result, the proposed use will meet the parking code requirements. Ms. Stromberg stated with any type of animal facility there may be questions and concerns related to odor and noise. The petitioner has articulated in her narrative to City staff that there really should not be any issues related to odor because any waste on site will be double bagged and properly disposed of in a dumpster. The animals will only be in her facility for a short period of time and as a result, pet waste should be minimaL If a pet needed to relieve themselves while in her care, the petitioner would bring the animal to the grassy area on the corner of the lot and the pet waste would be picked-up from that location. Ms. Stromberg stated the petitioner realizes that noise may be generated by barking dogs. She has stated that she is very concerned about being a good neighbor and will defuse any noise as quickly as she can. She also plans to insulate the space she is leasing to help relieve any potential noise from the business. Ms. Stromberg stated the City's Animal Control ordinance deems any animal that barks, howls, cries, yelps, or makes any other noise habitually and/or repetitively that the person who owns, keeps, or harbors the animal knows, or has reasonable grounds to know that it will, or tend to, alarm, anger or disturb other persons residing in the vicinity thereof a nuisance. If noise were to become a concern for a neighboring property owner, staff will monitor the property for violations of the animal control ordinance and handle them accordingly. Ms. Stromberg stated the petitioner has stated that it is difficult for her to answer how many animals will be serviced at her business in a typical day. She has stated that personally she can only groom four dogs or cats in one day. She plans to have an employee, who will groom up to five dog or cats in one day. As a result, it appears that a maximum of nine pets will be groomed in one day at this facility. Ms. Stromberg stated City staff has not heard any comments from neighboring property owners. Ms. Stromberg stated City Staff recommends approval of the special use permit request, subject to stipulations as an animal grooming facility is a similar use as an animal clinic, veterinary clinic, and animal hospital, which are a permitted special use in the G2 zoning district. Ms. Stromberg stated staff recommends that if the special use permit is granted, the following stipulations be attached: 1. The petitioner shall obtain a building permit prior to interior modifications if required by the Minnesota State Building code. 2. The petitioner shall comply with Minnesota State Building code requirements. 3. The petitioner shall obtain a sign permit prior to installation of any new signage. 4. The ventilation system needs to be designed so that no odors or organisms will spread between wards or to the outside air. 5. There shall be no outside pens or holding areas for the animals. 6. City staff to review special use permits within one year to ensure compatibility. Commissioner Oquist asked if there was any issue such as public health since there is a convenience store next door? Ms. Stromberg replied, any public health concerns would be addressed through the building permit and the Anoka County health department if a license is required. Commissioner Velin asked regarding Stipulation No. 3, if the petitioner wants to put up a sign, would she have to apply again to put up a sign? Ms. Stromberg replied she would need to get a sign permit. Commissioner Velin asked could they not approve the sign so the petitioner would not have to come back again for a sign permit? Ms. Stromberg replied a sign permit does not require Planning Commission approval but just an approval from City staff. Commission Dunham asked, does the business allow for dual occupancy? Ms. Stromberg stated, yes. Commissioner Sielaff stated he assumed there are no other grooming facilities in Fridley? Ms. Stromberg replied, there are veterinary clinics in Fridley and some do offer grooming as a part oftheir services. Commissioner Saba stated he assumes they have not heard any problems with this? Ms. Stromberg replied no they have not heard any complaints regarding this. Chairperson Savage asked the petitioner if she had any problems with the stipulations? Alisa Guiterrez, Petitioner, replied, no. Commissioner Sielaff asked whether she was in this business now? Ms. Guiterrez replied, she has been around animals all her life. She is also a vet tech. To be honest she does not know any other kind of work. She has been grooming horses since she was 17. She has been looking since January for the perfect location and currently does not have a business. She will put in a ventilation system to suck the moisture out. Commissioner Dunham asked if she was planning on doing the insulation work? Ms. Guiterrez replied, yes she is. Also she wants the walls to go to the ceiling to better control odor and sound. The owner said that would probably be better. That is how a lot of clinics have it, but she thinks she would want it sealed. Commissioner Dunham stated, yes, he thinks that would need to be sealed. MOTION by Commissioner Saba to close the public hearing. Seconded by Commissioner Oquist. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE HEARING CLOSED AT 7:13 P.M. Commissioner Oquist asked Ms. Stromberg whether the owner of the property is going to designate two stalls in front of the place and actually put signs up for her? Ms. Stromberg replied, she could talk to the owner about that. The petitioner has spoken with the property owner and he has stated to her that there would be two spots for her business. Whether he is going to post it that way she is not sure. Commissioner Oquist stated that the barbershop gets busy and he has seen the parking overlap. Commissioner Dunham stated the only thing he would like to see, as far as the recommendation since the petitioner is agreeable to insulating and sealing up to the ceiling, he wondered if that should not be added as a stipulation stating it is going to be done. Because currently the tenants spaces are sealed to the ceiling and he thinks that should be done. MOTION by Commissioner Saba approving Special Use Permit SP #08-09, by Alisa Gutierrez, to allow a cat and dog grooming business, legally described as Tract A Registered Land Survey No. 27, subject to easement of record, generally located at 6501 Central Avenue NE with the following stipulations: 1. The petitioner shall obtain a building permit prior to interior modifications if required by the Minnesota State Building code. 2. The petitioner shall comply with Minnesota State Building code requirements. 3. The petitioner shall obtain a sign permit prior to installation of any new signage. 4. The ventilation system needs to be designed so that no odors or organisms will spread between wards or to the outside air. 5. There shall be no outside pens or holding areas for the animals. 6. City staff to review special use permits within one year to ensure compatibility. 7. The petitioner shall properly seal and insulate walls between her tenant space to the ceiling. Seconded by Commissioner Sielaff. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Chairperson Savage pointed out this will go to City Council on July 14, and the petitioner needs to be there. 2. Receive the Minutes of the May 5, 2008, Parks & Recreation Commission Meeting. MOTION by Commissioner Kondrick to receive the Minutes. Seconded by Commissioner Saba. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. OTHER BUSINESS Ms. Stromberg stated the next meeting is July 16, 2008. ADJOURN MOTION by Commissioner Kondrick adjourning the meeting. Seconded by Commissioner Saba. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 7:17 P.M. Respectfully submitted, Denise M. Johnson Recording Secretary � � CffY OF FRIaLEI' Date To AGENDA ITEM CITY COUNCIL MEETING OF JULY 14, 2008 July 7, 2008 Wlliam Burns, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Manager Stacy Stromberg, Planner Subject: Special Use Permit Request, SP #08-09, Alisa Gutierrez M-08-16 INTRODUCTION The petitioner is seeking a special use permit to allow a dog and cat grooming facility within the stripmall, which is located at 6501 Central Avenue. The existing building is 4,640 square feet. The building is currently occupied by a convenience/gas station, with a few separate tenant spaces that are leased to individual businesses. The petitioner plans to lease an 18 ft. by 40 ft. (720 sq. ft.) space for her business. The City Code allows animal clinics, veterinary clinics, animal hospitals, public kennels, obedience schools and training services in the C-2, General Business zoning district, with a special use permit. City code doesn't specifically list pet grooming as a permitted special use however, the above listed uses are similar enough to require the petitioner to apply for a special use permit for the grooming use in this zoning district, to ensure compatibility. PLANNING COMMISSION RECOMMENDATION At the June 18, 2008, Planning Commission meeting, a public hearing was held for SP #08-09. After a brief discussion, the Planning Commission recommended approval of special use permit, SP #08-09, with the stipulations as presented by staff. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMENDATION City Staff recommends concurrence with the Planning Commission. STIPULATIONS 1. The petitioner shall obtain a building permit prior to interior modifications if required by the Minnesota State Building code. 2. The petitioner shall comply with Minnesota State Building code requirements. 3. The petitioner shall obtain a sign permit prior to installation of any new signage. 4. The ventilation system needs to be designed so that no odors or organisms will spread between wards or to the outside air. 5. There shall be no outside pens or holding areas for the animals. 6. City staff to review special use permit within one year to ensure compatibility. City of Fridley Land Use Application SP #08-09 June 18, 2008 GENERAL INFORMATION Applicant: Alisa Gutierrez 7436 McKinley Street NE Fridley MN 55432 Requested Action: Special Use Permit to allow an animal grooming facility. Existing Zoning: C-2 (General Business) Location: 6501 Central Avenue Size: 23,970 sq. ft. .55 acres Existing Land Use: Gasoline Station Store & Retail Stripmall Surrounding Land Use & Zoning: N: Gary's Automotive/Northeast Towing & C-2 E: Single Family & R-1 S: Small commercial bldg. & Single Family & S-2 W: Commercial Building & C-2 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Sec. 205.14.01.C.(10) requires a special use permit to allow animal clinics, veterinary clinics, animal hospitals, public kennels, obedience schools and training services. Zoning History: Property has never been platted. 1969 — Current bldg. constructed. Legal Description of Property: Tract 1, Registered Land Survey No. 27, subiect to easement of record. Public Utilities: Building is connected. Transportation: The property receives access from Mississippi Street and Central Avenue. Physical Characteristics: Lot is flat and is contained by the building, parking areas, gasoline pumps and a few landscaped areas. SPECIAL INFORMATION SU M MARY OF PROJECT The petitioner, Ms. Gutierrez, is seeking a special use permit to allow a dog and cat grooming business within one of the tenant spaces of the stripmall located at 6501 Central Avenue SU M MARY OF ANALYSIS City Staff recommends approval of the special use permit, with stipulations. An animal grooming facility is a similar use as an animal clinic, veterinary clinic, and animal hospital, which are a permitted special use in the C-2 zoning district. CITY COUNCIL ACTION/ 60 DAY DATE City Council — July 14, 2008 60 Day — July 14, 2008 (Subject Property) Staff Report Prepared by: Stacy Stromberg SP #08-09 REQUESTS The petitioner, Alisa Gutierrez, is requesting a special use permit to allow a dog and cat grooming business within one of the tenant spaces of the stipmall located at 6501 Central Avenue. HISTORY The subject property is located at the northeast corner of Central Avenue and Mississippi Street. The property is zoned C-2, General Business. According to building permit records, a building existed on the site prior to 1949, however; that structure burned down. In 1968, the City Council reviewed plans for a convenience/grocery store and they separately reviewed plans to allow for the construction of gasoline pumps in conjunction with the store. While modern code standards require a special use permit to be obtained for motor vehicle fuel and oil dispensing services, the 1963 zoning code allowed gasoline service stations as a permitted use. The existing building and gasoline pumps were then constructed in 1969. Over the years the attached stripmall has been leased to various small commercial businesses. �—� �� ..�,.. .;w�. e��, � - ��_� 1:� . L.: ANALYSIS The petitioner is seeking a special use permit to allow a dog and cat grooming facility within the stripmall, which is located at 6501 Central Avenue. The existing building is 4,640 square feet. The building is currently occupied by a convenience/ gas station, with a few separate tenant spaces that are leased to individual businesses. The petitioner plans to lease an 18 ft. by 40 ft. (720 sq. ft.) space for her business. The City Code allows animal clinics, veterinary clinics, animal hospitals, public kennels, obedience schools and training services in the C-2, General Business zoning district, with a special use permit. City code doesn't specifically list pet grooming as a permitted special use however, the above listed uses are similar enough to require the petitioner to apply for a special use permit for the grooming use in this zoning district, to ensure compatibility. Based on the square footage the petitioner will be leasing for her business, two parking stalls will be required. The property owner has dedicated two parking stalls in front of the building to the petitioner's business and is also providing three additional stalls for her business on the east side of the building. As a result, the proposed use will meet the parking code requirements. Wth any type of animal facility there may be questions and concerns related to odor and noise. The petitioner has articulated in her narrative to City staff that there really shouldn't be any issues related to odor because any waste on site will be double bagged and properly disposed of in a dumpster. The animals will only be in her facility for a short period of time and as a result, pet waste should be minimal. If a pet needed to relieve themselves while in her care, the petitioner would bring the animal to the grassy area on the corner of the lot and the pet waste would be picked-up from that location. The petitioner realizes that noise may be generated by barking dogs. She has stated that she is very concerned about being a good neighbor and will defuse any noise as quickly as she can. She also plans to insulate the space she is leasing to help relieve any potential noise from the business. The City's Animal Control ordinance deems any animal that barks, howls, cries, yelps, or makes any other noise habitually and/or repetitively that the person who owns, keeps, or harbors the animal knows, or has reasonable grounds to know that it will, or tend to, alarm, anger or disturb other persons residing in the vicinity thereof a nuisance. If noise were to become a concern for a neighboring property owner, staff will monitor the property for violations of the animal control ordinance and handle them accordingly. The petitioner has stated that it is difficult for her to answer how many animals will be serviced at her business in a typical day. She has stated that personally she can only groom four dogs or cats in one day. She plans to have an employee, who will groom up to 5 dog or cats in one day. As a result, it appears that a maximum of nine pets will be groomed in one day at this faci I ity. City staff hasn't heard any comments from neighboring property owners. RECOMMENDATIONS City Staff recommends approval of the special use permit request, subject to stipulations. • An animal grooming facility is a similar use as an animal clinic, veterinary clinic, and animal hospital, which are a permitted special use in the C-2 zoning district. STIPULATIONS Staff recommends that if the special use permit is granted, the following stipulations be attached. 1. The petitioner shall obtain a building permit prior to interior modifications if required by the Minnesota State Building code. 2. The petitioner shall comply with Minnesota State Building code requirements. 3. The petitioner shall obtain a sign permit prior to installation of any new signage. 4. The ventilation system needs to be designed so that no odors or organisms will spread between wards or to the outside air. 5. There shall be no outside pens or holding areas for the animals. 6. City staff to review special use permit within one year to ensure compatibility. 2 � � CffY OF FRIaLEI' Date To AGENDA ITEM CITY COUNCIL MEETING OF JULY 14, 2008 July 7, 2008 Wlliam Burns, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Manager Stacy Stromberg, Planner Subject: Variance Request, VAR #08-05, Jay Thorson of Dailey Companies on behalf of Miller Funeral Home M-08-15 INTRODUCTION Jay Thorson of Dailey Companies, on behalf of Miller Funeral Home is seeking two variances: 1. The first variance is to reduce the side yard setback on the north side of the building from 15 feet to 3.7 feet to allow an expansion of the existing garage; 2. The second variance is to increase the encroachment of a canopy into the required side yard from 3 ft to 7 ft. The expansion on the north side of the building will allow the existing garage which is already setback at 3.7 ft., to be extended 60 ft. to the west. The variance on the south side of the building will allow for a 7 ft. canopy over an entrance door to the existing building. In addition to constructing the proposed addition on the north side of the building and the canopy on the south side of the building, the property owner is also planning to remove the existing mansard roof and reface the entire building with a decorative stone veneer, to enhance the buildings appearance. APPEALS COMMISSION RECOMMENDATION At the June 25, 2008, Appeals Commission meeting, a public hearing was held for VAR #08-05. After a brief discussion, the Appeals Commission recommended approval of VAR #08-05, with the stipulations as presented. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMENDATION City Staff recommends concurrence with the Appeals Commission. STIPULATIONS 1. Petitioner shall obtain any required permits prior to beginning construction. 2. The proposed north wall shall meet Minnesota State Building Code requirements for distance to a property line. 3. Parking lot to be restored to Code requirements for paving, curbing, and painting after the addition is completed. 4. Landscaping on the north side of building to be restored to Code requirements after the addition is completed. City of Fridley Land Use Application VAR #08-05 June 25, 2008 GENERAL INFORMATION Applicant: Dailey Companies Jay Thorson 1471 91St Avenue NE Blaine MN 55449 Requested Action: • Variance to reduce the side yard setback on the north side. • Variance to reduce the side yard setback on a corner lot on the south side. Existing Zoning: C-3 (General Shopping) Location: 6210 Highway 65 NE Size: 83,760 sq. ft. 1.92 acres Existing Land Use: Funeral home Surrounding Land Use & Zoning: N: Veterinary Clinic & C-3 E: TH 65 & Right-of-way S: Church & R-3 W: Single Family & R-1 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: • Section 205.15.3.C.(2) requires a 15 foot side yard setback. • Section 205.04.6.A.(3) allows canopies to building entrances to extend not more than three (3) feet into any required side yard setback. Zoning History: See attached staff report. Legal Description of Property: Lots 3-4. Block 1. Herwal 2nd Addition Public Utilities: Building is connected. Transportation: West Moore Lake Drive and the Hwy 65 Service Drive provides access to the building. Physical Characteristics: Lot consists of buildings, parking lot, and landscaqina. SPECIAL INFORMATION SU M MARY OF PROJECT Jay Thorson of Dailey Companies, on behalf of Miller Funeral Home is seeking two variances: • Reduce the side yard setback on the north side of the building from 15 feet to 3.7 feet to allow an expansion of the existing garage; • Reduce the side yard setback on the south side of the building from 80 feet on a corner lot to 30 feet to allow the construction of an entry canopy. SUMMARY OF HARDSHIP "The existing north setback to the building is non- compliant with the current code requiring a 15 ft. setback. Because the existing north setback to the building is non-compliant, we have a hardship to meet the current setback requirements for the proposed garage modi�cation and extension. We feel this slight addition will enhance the building appearance and will not be a significant further encroachment to the north setback." "The proposed canopy addition will be 30 ft. from the right-of-way line. The canopy will provide safety from the elements for our guests when this door is used. We feel the canopy will enhance the appearance of the building and will not cause a hazardous situation with its minor encroachment into the south setback area." Russ Rosa, Architect for Miller Funeral Home SU M MARY OF ANALYSIS City Staff has no recommendation on the north side yard setback variance request, as it is within previously granted dimensions on this site. VAR #93-33 by Miller Funeral Home To reduce the side yard setback from 15 ft. to 3 ft. VAR #01-10 by Miller Funeral Home To reduce the side yard setback from 15 ft. to 3.7 ft. City staff recommends approval of the variance to increase the encroachment of a canopy in the side yard, with stipulations. • The addition of the canopy shouldn't impact any neighboring properties or cause any line of site issues. • The addition of the canopy in this location is unique to this property and shouldn't be precedent setting. CITY COUNCIL ACTION/ 60 DAY DATE City Council — July 14, 2008 60 Day — July 21, 2008 Staff Report Prepared by: Stacy Stromberg VAR #08-05 REQUEST Jay Thorson of Dailey Companies, on behalf of Miller Funeral Home is seeking two variances: 1. The first variance is to reduce the side yard setback on the north side of the building from 15 feet to 3.7 feet to allow an expansion of the existing garage; 2. The second variance is to increase the encroachment of a canopy into the required side yard from 3 ft to 7 ft. The expansion on the north side of the building will allow the existing garage which is already setback at 3.7 ft., to be extended 60 ft. to the west. The variance on the south side of the building will allow for a 7 ft. canopy over an entrance door to the existing building. In addition to constructing the proposed addition on the north side of the building and the canopy on the south side of the building, the property owner is also planning remove the existing mansard roof and reface the entire building with a decorative stone veneer, to enhance the buildings appearance. It should also be noted that the petitioner states in his narrative that he is applying for two additional variances. Variance #2 and #3 in his narrative are not required as the foundation of the building will not change. The stone veneer added to the existing building will add 12 inches to the outside of the building, however since the foundation of the building won't change a variance is not required. HARDSHIP STATEMENT "The existing north setback to the building is non-compliant with the current code requiring a 15 ft. setback. Because the existing north setback to the building is non-compliant, we have a hardship to meet the current setback requirements for the proposed garage modification and extension. We feel this slight addition will enhance the building appearance and will not be a significant further encroachment to the north setback. " "The proposed canopy addition will be 30 ft. from the right-of-way line. The canopy will provide safety from the elements for our guests when this door is used. We feel the canopy will enhance the appearance of the building and will not cause a hazardous situation with its minor encroachment into the south setback area." SITE DESCRIPTION AND HISTORY The property is located in the northwest corner of the intersection of Highway 65 and West Moore Lake Drive. Located on the property are a 6,348 square foot mortuary and a 1,800 square foot garage. The following activities have occurred on the property since 1963: • 1963 — Variances were granted for building setbacks, parking stalls, - Russ Rosa, Architect for Miller Funeral Home �� - _ � 1iv� I -_ —_ ;' ___ � � _ � ; �.._ : and driveway location for a funeral home. • 1967 — Issuance of a building permit for the funeral home. • 1987 — A variance was granted to reduce the side yard setback on a corner lot to 35 feet to allow construction of a building addition on the west end of the funeral home. • 1993 — A variance was granted to reduce the side yard setback to 3 feet to allow a hearse enclosure. • 1994 — A variance was granted to increase the size of a freestanding sign and a 30 ft. by 60 ft. garage was built. • 1996 — A variance to reduce the side yard setback was approved, a variance to reduce the rear yard setback was denied; and additional side and rear yard setback variances were denied. • 1998 — A variance to reduce the south side yard setback to 37 feet was approved. • 2001 — Variances were approved to reduce the front yard setback from 80 ft. to 58.25; reduce the side yard setback on the north side from 15 ft. to 3.7 ft., and a variance to reduce the side yard setback on the south corner lot from 80 ft. to 37.4 ft., to allow construction of additions which total 3,489 sq. ft. — these additions were never constructed. ANALYSIS Side Yard Setback Variance City code requires a side yard setback of not less 15 ft. in our commercial zoning districts. The petitioner is requesting to reduce the side yard setback on the north side of the building from 15 feet to 3.7 feet to allow for the construction of a 17.65 ft. by 60 ft. addition. This expansion will be used for additional storage and garage space. A variance was granted in 2001 for this property to the exact dimension that is being requested today. View of Proposed North Side Yard Addition If this variance request is granted, an 81 ft. 8 in. building wall will be 3.7 ft. from the property line. As a result, just as City staff determined in 2001 and continues to feel today that an addition of this size so close to the north property line would become more intrusive to the adjacent property owner. The Skyline Veterinary Hospital building will be within 46 feet of the proposed expansion. For that reason, staff has asked the petitioner to provide an architectural treatment that is designed to add visual interest and break-up the aesthetics of an approximate 81 ft. featureless wall. The petitioner's plan shows how they are proposing to step the building on the north side to break-up the wall and add visual interest. Staff has determined that this is an adequate solution. Side Yard Canopv Encroachment Variance City code allows canopies and steps to building entrances to extend up to 10 ft. into the required front and rear yard, but only 3 ft. in the required side yard. The subject parcel has street frontage on two sides, however the frontage along the Hwy 65 Service Road is the shorter street frontage, therefore declaring it the front yard. As a result, the south side of the property is considered the side yard. The petitioner would like to construct a 7 ft. canopy over the existing south side entrance to the building. Therefore, the petitioner is seeking a variance to increase an encroachment of a canopy in the side yard from 3 ft. to 7 ft. The purpose of the canopy is to provide safety from the elements for the guests using the south entry door. View of the South Side Canopy Area As stated above, a canopy is allowed to encroach into the front yard setback up to 10 feet. Although the south side of the property is technically the side yard, it is seen from the public right-of-way and could be viewed as the front door to the business. A 5 ft. encroachment into the yard to provide an entry canopy will not have any negative impacts on this property or any neighboring property. The proposed addition will increase the size of the building by 1,059 square feet. The square footage of the proposed, existing, and accessory building is 9,252 square feet and lot coverage on this site is 11 %. The maximum allowed by a one story building and accessory building in the C-3 Zoning District is 40%. This site currently has 83 parking spaces. The existing building requires 42 parking spaces. The 1,059 square foot addition will accommodate storage and garage space. Using the storage/warehouse parking ratio of 1 stall for every 2,000 square feet of space, a%2 stall will be required for the proposed addition. This site requires a minimum of 42.5 parking spaces and it currently has 83 parking spaces, so it meets the City's requirements regarding parking spaces. The Miller Funeral Home also has had a reciprocal parking agreement with St. Phillips Lutheran Church to the south since 1967. NEIGHBHORHOOD COMMENTS City staff has heard from two neighboring properties owners. One was simply asking for additional information and didn't speak for or against the project. The second comment came through facsimile, stating that they were against the variance request and felt that if Miller Funeral Home needed additional space they should purchase other vacant land within the City of Fridley instead of crowing the property lines on the existing site. RECOMMENDATIONS City Staff has no recommendation on the north side yard setback variance request, as it is within previously granted dimensions on this site. VAR #93-33 by Miller Funeral Home To reduce the side yard setback from 15 ft. to 3 ft. VAR #01-10 by Miller Funeral Home To reduce the side yard setback from 15 ft. to 3.7 ft. City staff recommends approval of the variance to increase the encroachment of a canopy in the side yard, with stipulations. ■ The addition of the canopy shouldn't impact any neighboring properties or cause any line of site issues. ■ The addition of the canopy in this location is unique to this property and shouldn't be precedent setting. STIPULATIONS If the Appeals Commission were to recommend that the Council grant these variances, staff recommends that the following stipulations be attached. 1. Petitioner shall obtain any required permits prior to beginning construction. 2. The proposed north wall shall meet Minnesota State Building Code requirements for distance to a property line. 3. Parking lot to be restored to Code requirements for paving, curbing, and painting after the addition is completed. 4. Landscaping on the north side of building to be restored to Code requirements after the addition is completed. � � CffY OF FRIDLEI' TO: FROM: DATE: SUBJECT AGENDA ITEM CITY COUNCIL MEETING OF JULY 14, 2008 William W. Burns, City Manager James P. Kosluchar, Public Works Director Layne R. Otteson, Assistant Public Works Director July 14, 2008 Award of 2008 Quiet Zone Project No. ST2007-3 PW08-024 On Thursday, July 10, 2008, at 10:00 am, 4 bids were opened for the 2008 Quiet Zone Project. Eight sets of plans and specifications were sent out and four bids were received. The low bid was received from Hardrives, Inc. of Rogers, MN, in the amount of $128,358.35. The high bid received was $142,137.50. The most recent cost estimate performed by the Engineering Department was $85,000. Escalating oil prices has resulted in significant diesel fuel and asphalt bituminous price increases in recent months. It is anticipated that total project costs will be approximately $135,000.00 with material testing, railroad flagging, and contingencies. Funding will be provided using the City's MSAS account. The City is requesting Anoka County participation. Recommend the City Council receive the bids and award the 2008 Street Improvement Project No. ST. 2007-3, to Hardrives, Inc. of Rogers, MN in the amount of $128,358.35. LO/J P K: � Attachment BID F�R PR�POSI�I,S 20�� STREET I]�+7[P�O�E]M[ENfT P1��JJECT Nf�. ST �0�7 - 3 J�TLx 1�, �00�8 1�� A.]]�a]al[. ' PLANHC?LDER BID BOND BID ADDENDUM ' Hardrives, Inc. Acknowledge 14475 Quiram Drive �Nestern Surety $128,358.35 Addendum1 Rogers, MN 55374 North Valley Inc. Acknowledge 20015 Iguana Street NW United Fire & $135,848.00 Nowthen, MN 55330 Casualty Addendum1 Midwest Asphalt, Inc. Granite Re Acknowledge 5929 Baker Road, Suite 420 $137,255.60 Addendum1 Minnetonka, MN 55345 Thomas & Sons Construction United Fire & $142,137.50 Acknowledge 131925 Northdale Blvd. Casual Addendum1 Rogers, MN 55374 tY � � CffY OF FRIDLEI' � FROM DATE AGENDA ITEM CITY COUNCIL MEETING OF JULY 14, 2008 William W. Burns, City Manager James P. Kosluchar, Public Works Director July 14, 2008 PW08-025 SUBJECT: Award of Elevated Water Tower No. 2 Rehabilitation Project No. 378 On Wednesday, July 2, 2008, 6 bids were opened for the Elevated Water Tower No. 2 Rehabilitation Project. Attached is a bid tabulation and recommendation letter from the City's consultant, Bonestroo. The low base bid was received from Classic Protective Coatings of Menomonie, WI, in the amount of $880,900.00. The high base bid received was $1,787,770.00. The most recent cost estimate performed by the Bonestroo was $1,000,000. The base bid requires completion by November 15, 2008. We also gave the option for contractors to bid with an alternate completion date of June 15, 2009. We had a low bid of $855,750.00 for this alternate from Champion Coatings of Savage, MN. The high alternate bid received was also $1,787,770.00. We recommend award of the base bid, for the following reasons: 1. A significant portion of the difference in cost between the bids will be consumed by additional inspection, construction administration, and staff costs due to the longer alternate bid timeframe. 2. There are additional risks involved in having the elevated tank out of service for an additional time period that are not warranted by the remaining savings. 3. We would like to continue with our rehabilitation work as early as possible in the spring with our other facilities, which may be precluded by the demands of this project. The project is to be funded by a utility bond issue supported by water rates. Recommend the City Council receive the bids and award the Elevated Water Tower No. 2 Rehabilitation Project (No. 378) to Classic Protective Coatings of Menomonie, WI in the amount of $880, 900. 00. JPK/jpk Attachment �U�y %, 2��$ Honorable Mayor and City Council City of Fridley 6431 University Avenue NE Fridley, MN 5543Z-4383 Re: Water Tower No. 2 Rehabilitation Project City Project No. 378 Project No. 000545-08001-0 Bid Results Dear Honorable Mayor and City Council: 2335 Highway 36 W St. Paul, MN 55113 Tel 651-636-4600 Fax 651-636-1311 www.bonestroo.com � Bonestroo Bids were opened for the Project stated above on Wednesday, July 2, 2008. Transmitted herewith is a copy of the Bid Tabulation for your information and file. Copies will also be distributed to each Bidder once the Project has been awarded. There were a total of 6 Bids. The following summarizes the results of the Bids received: Contractor Low Classic Protective Coatings, Inc. #2 Champion Coatings, Inc. #3 TMI Coatings, Inc. #4 Odland Protective Coatings, Inc. #5 LeadCon, Inc. #6 Abhe & Svoboda, Inc. Total Base Bid: Substantia/ Comv/etion Date 11-IS-08 $880,900.00 $913,750.00 $925,750.00 $1,369,600.00 $1,370,000.00 $1,787,770.00 A/ternate No. 1 Deduct Offered $0.04 ($58,000.00) ($50,000.00) ($400,000.00) ($352,245.00) $0.00 Alternate No. 1 Bid: Subs�antia/ Comv/etion Date 6-I5-09 $880,900.00 $855,750.00 $875,750.00 $969,600.00 $1,017,755.00 $1,787,770.00 The low Bidder for the Base Bid on the Project was Classic Protective Coatings, Inc. with a Total Base Bid Amount of $880,900.00. This compares to the Engineer's Estimate of just over $1,000,000. These Bids have been reviewed and found to be in order. The qualifications for the low bidder for the base bid were reviewed and found to demonstrate the ability to complete a project of this size and scope. Discussions with stafF indicated that the potential for increased inspection costs associated with the alternate bid and increased risks to the City associated with having the 1.5 MG elevated tank out of service for approximately 10 — 11 months were not worth the relatively small savings of the Alternate No. 1 bid reduction. If the City Council wishes to award the Project to the low Bidder for the Base Bid, then Classic Protective Coatings, Inc. should be awarded the Project on the Total Base Bid Amount of $880,900.00. Should you have any questions, please feel free to contact me at 651-604-4872. Sincerely, BONESTROO �� Mark R. Rolfs, P.E. 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Q Q O Q�- Z'+' "� d'J a z� `u oa. � a m d ^ m N^Z V1 N V Y Z J m N¢ t~A CG J J J H Q Cp W d W W d W d�� Q � pa.. = 1' Ca F- F- S H F- H d' S Q h- vl = I- V1 1- N� W� LL O W Q� O � O W O O O 1 K� W � t/v1 Z � z � t/~1 � O] F- 1� 1 Vl !� Q I- � 1- I- F-- y Z � rv m c �n �o w� ao . 3 N m N X � m O O O � � � � � � � 0 � AGENDA ITEM � COUNCIL MEETING OF JULY 14, 2008 �ffY �F FRIDLEY CLAIMS 137321 - 137610 � AGENDA ITEM � CITY COUNCIL MEETING OF JULY 14, 2008 ��F LICENSES FRIDLEY Type of License Applicant Approved By: Peddlers/Solicitors License GREAT LAKES Police Department DISTRIBUTORS Barbara Wurm River Falls, WI Food Establishment License LTF CLUB OPERATIONS Communit Develo ment Life Cafe —Life Fire Inspector 1200 E Moore Lake Dr Police De artment Fridley VFW Post TEMPORARY FOOD Fire Inspector LICENSE Police De artment Community Development Fridley Historical Society TEMPORARY FOOD Fire Department LICENSE Police De artment Communit Develo ment � AGENDA ITEM � CITY COUNCIL MEETING OF JULY 14, 2008 ��F LICENSES FRIDLEY Contractor T e A licant A roved B Air Conditionin Associates, Inc Heatin John Mathews Ron Julkowski, CBO Air Conditionin Associates, Inc Gas John Mathews Ron Julkowski, CBO Brookl n Aire Heatin & Coolin Heatin Michael Gl nn Ron Julkowski, CBO Elk Mechanical HVAC Inc Heatin William Kerns Ron Julkowski, CBO Elk Mechanical HVAC Inc Gas William Kerns Ron Julkowski, CBO Emerald Builders Inc Commercial or Nancy Andrews Ron Julkowski, CBO S ecialt Flare Heating and Air Heating Pat Surprison Ron Julkowski, CBO Conditioning Foster Truckin Inc Excavatin Melissa Foster Ron Julkowski, CBO Home Ener Center Heatin Diane Me er Ron Julkowski, CBO Master Mobile Home Serv Gas Bar Fassett Ron Julkowski, CBO Practical S stems Heatin Jeff Kline Ron Julkowski, CBO Sun Mechanical Inc Gas Kell Grotte Ron Julkowski, CBO The Bainey Group Inc Commercial or Gordy Johnson Ron Julkowski, CBO S ecialt Wencl Services Inc Heatin Ken Wencl Ron Julkowski, CBO � � �lTY �F FRIDLEY To: From Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF JULY 14, 2008 William W. Burns, City Manager John Crelly, Assistant Chief July 10, 2008 Annual renewal of rental licenses LICENSES Attached is a list of 213 properties that have completed the license renewal process. Each property listed has submitted a rental license application, paid all fees, and has completed the rental propert�y inspection process. Of the 213 properties, 180 properties are up for renewal during the 2" quarter of 2008, 28 properties were up for renewal during 4th quarter of 2007 and 3 properties were up for renewal during 3 quarter of 2007. Staff recommends that City Council approve the rental license renewal for these properties. Rental Housing License Renewal List (2nd Quarter Properties) ProplD: Property Address 1096 1097 1048 1099 1100 1101 1768 1104 1107 1108 1111 1114 1126 1119 1138 1139 1741 1145 1146 1147 1082 1155 1156 1506 1632 1763 1731 1182 1579 1626 1191 1573 1068 1682 1196 1637 1565 1205 1215 1216 1206 1208 1213 1733 4655 2 1/2 St. N E 5770 2 1/2 St. N E 5783-85 2 1/2 St. N E 5800 2 1/2 St. N E 5810 2 1/2 St. N E 5820 2 1/2 St. N E 5850 2 1/2 St. N E 5901 2 1/2 St. N E 5980 2 1/2 St. N E 6060 2 1/2 St. N E 5761 2nd St. NE 5816 2nd St. NE 5940-42 2nd St. NE 6061 2nd St. NE 5201 3rd St. NE 5230 3rd St. NE 5810 3rd St. NE 5900 3rd St. NE 5974 3rd St. NE 5980 3rd St. NE 6030 3rd St. NE 6051-55 3rd St. NE 6061-65 3rd St. N E 5353 4th St. N E 5645-47 4th St. N E 5710 4th St. N E 5946 4th St. N E 305 53rd Ave. NE 401 53rd Ave. NE 645 57th Ave N E 276-278 58th Ave. N E 641 58th Ave. N E 700 58th Ave. N E 751 58th Ave. N E 5428 5th St. N E 5870 5th St. N E 6161 5th St. N E 6303-05 5th St. N E 6465-83 5th St. N E 6487-89 5th St. N E 6311-29 5th St. N E 6347-65 5th St. N E 6459-61 5th St. N E 7566 5th St. N E Units Owner 1 11 2 4 4 4 1 4 4 4 3 2 2 4 11 11 1 4 4 4 1 3 3 2 2 1 1 7 1 1 1 1 1 1 4 1 1 2 16 2 16 16 2 1 7/10/2008 Inspection Dist Yr Qtr Maynard Nielsen Allen Hoffer Jason Walgrave Trung Duong 5810 2 1/2 St, LLC Midwest Property Rentals JT Land Holdings, LLC Paul Robeck Paul Schulz MCN Properties, LLC Allen Hoffer Eugene Tomas Robert Hosman Kris & Becky Kienzle Helena Bigos Helena Bigos Majed Diad Curt & Pamela Sorum Thomas & Nelia Schaff Thomas & Nelia Schaff Todd Henrikson Emerald Eye Properties, LLC CF Investments Inc Curtis Lindberg Darwin Peterson Enisa Agovic Julian & Sharon Jensen Helena Bigos Waheed Hussain Tom Blomberg Betty Loewen Darlene M Dowling Thomas & Nelia Schaff Gary Bowman, Jr. Kris & Becky Kienzle Dennis Anderson Bob Feldiek Fridley Apartments Fridley Apartments Fridley Apartments Fridley Apartments Fridley Apartments Fridley Apartments Brock Lorentzen 18 9 9 9 9 9 9 9 9 9 9 9 9 9 18 18 9 9 9 9 9 9 9 15 15 13 13 18 15 13 9 13 13 13 15 10 10 10 10 10 10 10 10 10 1 2 2 2 2 2 2 2 2 2 2 2 2 2 1 1 2 2 2 2 2 2 2 1 1 3 3 1 1 3 2 3 3 3 1 3 3 3 3 3 3 3 3 3 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 4 2 2 2 2 2 2 2 2 2 4 2 2 2 2 2 2 2 2 2 4 page 1 of 5 License Renewal List (2nd Quarter Properties) ProplD: Property Address 1217 1539 1537 1538 1515 1729 1218 1219 1220 1221 1224 1225 1227 1228 1229 1230 1231 1232 1233 1234 1235 1236 1237 1238 1239 1240 1241 1242 1247 1248 1255 1609 1271 1267 1268 1272 1534 1533 1529 1273 1528 1282 1624 1284 1285 1287 1294 1301 110 61 st Ave. N E 50-60 63 1/2 Way N E 70-80 63 1/2 Way N E 90-100 63 1/2 Way N E 1128 63rd Ave. N E 384 66th Ave. N E 1565-77 68th Ave. N E 1566-76 68th Ave. N E 1578-88 68th Ave. N E 1579-89 68th Ave. N E 1600-10 68th Ave. N E 1601-11 68th Ave. N E 1613-19 68th Ave. N E 1620-30 68th Ave. N E 1621-31 68th Ave. N E 1632-38 68th Ave. N E 1633-39 68th Ave. N E 1640-50 68th Ave. N E 1641-51 68th Ave. N E 1652-58 68th Ave. N E 1653-59 68th Ave. N E 1660-70 68th Ave. N E 1661-71 68th Ave. N E 1672-82 68th Ave. N E 1673-83 68th Ave. N E 1560-70 69th Ave. N E 1590-96 69th Ave. N E 1600-06 69th Ave. N E 5361-63 6th St. N E 5371-73 6th St. N E 1230-36 72nd Ave. NE 1486 73 %2 Ave. N E 380-382 74th Ave. N E 389 74th Ave. N E 415 74th Ave. N E 350 75th Ave. N E 450 75th Ave. N E 476 75th Ave. N E 19 77th Way N E 106 77th Way N E 21 77th Way N E 5400-06 7th St. N E 6380 7th St. N E 101 83rd Ave. NE 121 83rd Ave. NE 141 83rd Ave. NE 6400 Able St. N E 7379-81 Able St. NE Units 8 2 2 2 1 1 6 6 6 6 6 6 4 6 6 4 4 6 6 4 4 6 6 6 6 6 4 4 2 2 4 1 2 11 11 11 11 11 1 4 1 3 1 41 41 36 1 2 Owner Rice Family Partnership Allen Hoffer Allen Hoffer Allen Hoffer Dan Peterson Kenneth W. Johnson Rice Creek Townhouses Rice Creek Townhouses Rice Creek Townhouses Rice Creek Townhouses Rice Creek Townhouses Rice Creek Townhouses Rice Creek Townhouses Rice Creek Townhouses Rice Creek Townhouses Rice Creek Townhouses Rice Creek Townhouses Rice Creek Townhouses Rice Creek Townhouses Rice Creek Townhouses Rice Creek Townhouses Rice Creek Townhouses Rice Creek Townhouses Rice Creek Townhouses Rice Creek Townhouses Rice Creek Townhouses Rice Creek Townhouses Rice Creek Townhouses Gary Wellner Gary Wellner Russell Beck Counselor Realty, Inc. Thomas & Nelia Schaff Mystical Enterprises, Inc. Wlliam A. Shaw Doherty Properties, LLC Roland Stinski Roland Stinski Allen Hoffer David & Jeannette Morisette Allen Hoffer Jeffrey R. Troska Chris S. Johnson University Ave. University Ave. University Ave. Mike Kolodjski Tina & Brian Sorvari Inspection Dist Yr Qtr 9 8 8 8 10 66 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 15 15 7 4 3 3 3 3 3 3 2 2 2 15 13 1 1 1 10 3 2 3 3 3 3 2 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 1 1 4 2 2 2 2 2 2 2 1 1 1 1 3 4 4 4 3 2 4 2 2 2 2 4 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 4 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 4 7/10/2008 page 2 of 5 License Renewal List (2nd Quarter Properties) ProplD: Property Address Units Owner 1061 1566 1621 1734 1495 1319 1323 1325 1326 1322 1328 1329 1602 1049 1051 1755 1752 1605 1746 1633 1486 1513 1600 1339 1340 1341 1342 1343 1344 1345 1351 1625 1354 1356 1357 1358 1359 1771 1794 1361 1362 1367 1635 1053 1370 1058 1783 1767 5960-80 Anna Ave. NE 7601 Arthur St. NE 7129 Ashton Ave. NE 6200 Baker Ave. NE 7786 Beech St. N E 6534 Central Ave. NE 6542-48 Central Ave. 7150-56 Central Ave. 7170-76 Central Ave. 7190 Central Ave. NE 6501 Channel Rd NE 6531 Channel Rd NE 6805 Channel Rd NE 101 Charles St. NE 179 Charles St. NE 6499 Christenson Ln NE 201 Christenson Way 170 Craigbrook Way 5545 E Bavarian Pass 5407 E Brenner Pass 6190-92 East River Rd. 6210-20 East River Rd. 6654 East River Rd. 7673 East River Rd. 7805 East River Rd. 7825 East River Rd. 7845 East River Rd. 7875 East River Rd. 7895 East River Rd. 8191 East River Rd. 7345-47 Evert Ct. N E 590 Fairmont St NE 7857-61 Firwood Way NE 7879-81 Firwood Way NE 7883-85 Firwood Way NE 7889-91 Firwood Way NE 7893-97 Firwood Way NE 1020 Hathaway Ln NE 1235 Hillwind Rd NE 5100-08 Horizon Dr. NE 5101-09 Horizon Dr. NE 6417 Hwy 65 N E 430 Ironton St. NE 190 Island Park Dr. NE 191 Island Park Dr. NE 6330 Jefferson St. NE 5230 Lincoln St NE 129 Logan Pkwy NE 34 1 1 1 1 4 4 4 4 3 4 4 1 12 12 1 1 1 1 1 1 2 1 4 60 60 60 60 60 5 2 1 2 2 2 2 1 1 1 5 5 8 3 12 12 1 1 1 Inspection Dist Yr Qtr Riverwood Rentals, LLC 8 Chris & Tonia Bastyr 4 Mile High Properties, LLC 1 Gregg Hebeisen 10 Humberto Martinez-Suarez 2 Roger & Faye Femrite 7 Roger & Faye Femrite 7 Brown & Schaefer, LLC 7 Keys Management LTD 7 Kevin A. Auge 7 Jack & Karen Kozer 7 Jack & Karen Kozer 7 Todd or Beth Lawver 7 Nathan Schwartz 8 Nathan Schwartz 8 Andrew & Christina McCarthy 9 Billie Jo Erickson 9 Raad Almobarak 2 White Tiger Real Estate 14 Stacy Neudahl 14 Bob & Frankie Fetrow 8 Wayne G. Confair 8 NLR Clyde D Meidinger 55 David & Jeannette Morisette 2 KMS Management, Inc 2 KMS Management, Inc. 2 KMS Management, Inc. 2 KMS Management, Inc. 2 KMS Management, Inc. 2 Ultimate Properties, LLC 1 Tim Olsen 4 Lon & Julie Lane 1 John Schudi 2 Ted Raines 2 Thomas & Nelia Schaff 2 John R. Zielinski 2 Clarence J. Fischer 2 Shane Amundson 14 Joel Homan 16 Helena Bigos 18 Helena Bigos 18 Nicholas Elmquist 11 James Gilbert 1 Serene Homes, LLC 8 Serene Homes, LLC 8 Neal Dasrath 10 Patricia G. Nelson 16 Chance Investments, LLC 5 3 2 4 3 1 4 4 4 4 4 4 4 4 3 3 2 2 1 3 3 3 3 2 1 1 1 1 1 1 4 2 4 1 1 1 1 1 3 1 1 1 4 4 3 3 3 1 2 4 2 2 2 2 2 2 2 2 2 2 2 4 2 2 2 2 4 2 2 2 2 3 2 2 2 2 2 2 2 4 2 2 2 2 2 2 2 2 2 2 4 2 2 2 2 2 2 7/10/2008 page 3 of 5 License Renewal List (2nd Quarter Properties) ProplD: Property Address Units Owner 1376 1388 1377 1381 1382 1628 1390 1551 1383 1384 1385 1386 1747 1711 1549 1059 1514 1762 1564 1629 1395 1742 1704 1702 1745 1402 1694 1761 1754 1705 1675 1751 1758 1738 1757 1737 1603 1715 1422 1424 1425 1427 1426 1428 1769 1601 1797 1634 7400 Lyric Ln. NE 8 4020-22 Main St. NE 1 4030 Main St. NE 3 5835-37 Main St. NE 2 5961 Main St. NE 1 5971-73 Main St. NE 2 5981-83 Main St. NE 2 6007 Main St. NE 1 6011 Main St. NE 4 6019 Main St. NE 4 6021 Main St. NE 4 6035 Main St. NE 4 5500 Matterhorn Dr. NE 1 7524 McKinley St NE 1 117 Mississippi PI. NE 4 140 Mississippi PI. NE 4 157 Mississippi PI. NE 4 1314 Mississippi St. NE 1 1515 Mississippi St. NE 1 365 Mississippi St. NE 1 460 Mississippi St. NE 103 1513 N Innsbruck Dr. 1 1601 N Innsbruck Dr. #154 1 1601 N Innsbruck Dr. #205 1 1601 N Innsbruck Dr. #232 1 1601 N Innsbruck Dr. #254 1 1601 N Innsbruck Dr. #322 1 1601 N Innsbruck Dr. #326 1 1601 N Innsbruck Dr. #371 1 1601 N Innsbruck Dr. #376 1 1601 N Innsbruck Dr. #388 1 1522 N Timberidge NE 1 1124 Norton Ave. NE 1 1136 Norton Ave. NE 1 1140 Norton Ave. NE 1 1150 Norton Ave. NE 1 1171 Norton Ave. NE 1 1651 Onondaga St NE 1 610 Osborne Rd. NE 9 630-650 Osborne Rd. NE 34 670-690 Osborne Rd. NE 34 91 Osborne Rd. NE 1 41 Osborne Way 1 174-176 Pearson Way 2 101 Pilot Ave NE 1 5530 Regis Drive NE 1 1590 Rice Creek Rd NE 1 740 Rice Creek Terrace 1 William A. Shaw Evelyn Cornelius Christopher Kruger Paul Slesar Rhett Trotter Ron & Rene Schroeder Allen Hoffer Nandram Oomrow DDD Investments JTH Properties JTH Properties Thomas & Nelia Schaff Kimberly Nybo Howry Residential Mutombo J. Muvundamina Enes Gluhic Floyd Nelson 1314 Mississippi, LLC Ralph Killings Christine L. Hogan Fridley Apartments PK Investment Properties Sue Schuck Marie Hopper Ross Bleichner Lars & Susan Erickson Brian Tjosvold Rose Reha Chad Walbon Sue Shuck Fountain Oaks Properties Mark Nathanson Azeem Begum Mohamed Said Zaro Azeem Begum Mohamed Said Zaro Mohamed Said Zaro Scott & Lisa Larson Cedar Management Cedar Management Cedar Management Ken Suddard-Bangsund Donald E. Klostreich Juan & Lori Castro Robert Good Crispin Semakula Trung Bui Stephen & Marie Mondy Inspection Dist Yr Qtr 3 18 17 9 9 9 9 9 9 9 9 9 14 4 8 8 8 11 7 66 10 14 14 14 14 14 14 14 14 14 14 7 7 7 7 7 7 4 3 3 3 2 2 2 18 14 11 66 2 1 1 2 2 2 2 2 2 2 2 2 3 2 3 3 3 4 4 2 3 3 3 3 3 3 3 3 3 3 3 4 4 4 4 4 4 2 2 2 2 1 1 1 1 3 4 2 2 2 2 2 2 2 2 2 2 2 2 2 2 4 2 2 2 2 2 2 2 4 4 4 2 3 4 2 2 4 4 2 2 2 2 2 4 4 2 2 2 2 2 2 2 4 2 2 7/10/2008 page 4 of 5 License Renewal List (2nd Quarter Properties) ProplD: Property Address Units Owner 1492 1083 1519 1623 1793 1408 1558 1440 1455 1442 1443 1444 1472 1457 1458 1445 1462 1459 1463 1593 1491 1419 1452 1460 1664 1668 155 Rickard Rd NE 6291 Riverview Terr. NE 6472 Riverview Terr. NE 6496 Riverview Terr. NE 8121 Ruth Circle NE 1556 S Oberlin Circle 1548 S. Timber Ridge 1375 Skywood Ln. N E 6100-02 Star Ln. N E 6110-14 Star Ln. NE 6150-56 Star Ln. N E 6160-64 Star Ln. N E 6170 Starlite Blvd. NE 6412 Starlite Circle NE 6420 Starlite Circle NE 6421-23 Starlite Circle NE 6422 Starlite Circle NE 6430 Starlite Circle NE 6432 Starlite Circle NE 6121 Sunrise Dr. NE 6241 Sunrise Dr. NE 6210 Trinity Dr. NE 7385-87 University Ave. 7397-99 University Ave. 110 Ventura Ave NE 5405 W. Brenner Pass 1 1 2 1 1 1 1 2 2 2 1 2 1 1 1 2 1 1 1 1 1 1 2 2 1 1 Dan Saplis Ray Ellis Narine's Properties, LLC Jamey Viger PK Investments, LLC Bradley & Barbara Shofner Thomas Stuart Wayne S. Johnson Tim & Liz Dold Tom & Janet Dold Mike & LaDawn Severin Jeffrey Harris Mohamed Ali Nor Gary Wellner Steven & Barb Zawadski Gary Wellner Steve & Barb Zawadski Steve & Barb Zawadski Steve & Barb Zawadski Linda Fjeld Marlys Hermansen CART Real Estate Brian P. Manning Vitaly & Tatyana Chernikh Darrell & Anne Kudebeh Jill Riley Total # of Licenses for approval is 213 Inspection Dist Yr Qtr (Break down is: 180 - 2�d Qtr of 2008, 3- 3�d Qtr of 2007, and 28 - 4th Qtr of 2007) 2 8 8 8 1 14 7 16 9 9 9 9 9 9 9 9 9 9 9 9 9 9 3 3 18 14 1 3 3 3 4 3 4 1 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 1 3 2 2 2 3 2 2 2 4 2 2 2 2 2 2 2 2 2 2 2 4 2 2 4 4 4 4 7/10/2008 page 5 of 5 � � �ffY �F FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF JULY 14, 2008 ESTI MATES Midwest Asphalt 5929 Baker Road Suite 420 Minnetonka, MN 55345 2008-1 Street Improvement Proj ect Estimate No. 2 ................................ $ 431, 227.30 � � CfTY OF FRIDLEY Date: To: From: Subject: AGENDA ITEM CITY COUNCIL MEETING OF JULY 14, 2008 July 8, 2008 Wlliam Burns, City Manager Scott Hickok, Community Development Director Julie Jones, Planning Manager Stacy Stromberg, Planner Public Hearing Continued from January 7, 2008 to Consider Revocation of Special Use Permit #06-04 for BDA Development, generally located at 7600 Hwy 65 NE M-08-17 ANALYSIS On January 7, 2008, the City Council continued a public hearing to consider revocation of Special Use Permit #06-04 until July 14, 2008. As you are aware, the special use permit was granted on September 25, 2006, to Brent Anderson to allow limited outdoor storage at his property which is located at 7600 Hwy 65 NE. At the January 7, 2008, City Council meeting, the Council instructed Mr. Anderson to have all outdoor storage issues, including equipment, materials, and vehicles to be stored under a roofed structure or removed from the site by February 15, 2008 and to have the property brought into compliance by this date. On February 15, 2008, Scott Hickok, Community Development Director inspected the subject property and found that all outdoor storage beside and behind the property had been removed. As Mr. Hickok had indicated in his memo dated, February 15, 2008, which is attached, 97% of the outdoor storage on the site was gone and the remaining 3% was being managed on the site as he toured it. Since that inspection that remaining 3% has been removed and the site continues to remain free of any outdoor storage. At the January 7, 2008 City Council meeting, the Council also directed Mr. Anderson to have the lean-to structure for screening of the materials to be constructed by July 1, 2008. Since there is currently nothing being stored on site, construction of the lean-to hasn't been completed nor is it required at this point. RECOMMENDATION Since there is no outdoor storage on the site, staff would recommend that the City Council revoke Special Use Permit, SP #06-04 by BDA Development, to allow limited outdoor storage in a M-1, Light Industrial zoning district, generally located at 7600 Hwy 65 NE. If in the future the petitioner would like to have outdoor storage on the site again, City staff and the Council can evaluate the request at the time. A resolution for revocation of SP #06-04 has been prepared and is attached for Council's signature. RESOLUTION NO. _ A RESOLUTION REVOKING SPECIAL USE PERMIT #06-04 FOR BDA DEVELOPMENT TO ALLOW LIMITED OUTDOOR STORAGE IN AN M-1 ZONING DISTRICT, GENERALLY LOCATED AT 7600 HWY 65 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.OS.S.G requires the City Council to revoke a special use permit, following a public hearing, when there is failure to comply with any and all conditions and stipulation of the issued permit; and WHEREAS, the Fridley City Council held a public hearing regarding the special use permit SP #06-04, to allow limited outdoor storage in an M-1, Light Industrial zoning district at BDA Development, generally located at 7600 Hwy 65 NE on September 25, 2006; and WHEREAS, an September 25, 2006 approval of SP #06-04 included 21 stipulations, of which several stipulations were to have been completed or submitted to City staff for review by December 31, 2006; and WHEREAS, City staff conducted an inspection of the site on January 29, 2007, April 11, 2007, and July 17, 2007 to determine compliance with the stipulations of SP #06-04; and WHEREAS, City staff found that compliance of several of the stipulations have not been met; and WHEREAS, the City Council held a public hearing on July 23, 2007 to consider revocation of SP #06-04; and WHEREAS, the City Council held open the public hearing until January 7, 2008 to allow the petitioner to complete a1121 stipulations by December 31, 2007; and WHEREAS, an inspection of the site on December 27, 2007 determined that several of the stipulations still have not been met and no work toward fulfilling those stipulations has been completed on the property; and WHEREAS, the City Council continued the public hearing on January 7, 2008, and instructed the petitioner to have all outdoor storage items on the property under a roofed structure or removed from the site by February 15, 2008; and WHEREAS, an inspection of the site conducted on February 15, 2008, found that 97% of the outdoor storage items have been removed from the site or are properly stored under a roofed structure; and WHEREAS, inspections by City staff since February 15, 2008, determined that the remaining 3% of outdoor storage has been removed from the site; and WHEREAS, all outdoor storage on the site has been removed and there is no longer a need for a Special Use Permit for outdoor storage for this property; NOW, THEREFORE BE IT RESOLVED THAT, based on these findings, the City Council of the City of Fridley hereby revokes the special use permit SP #06-04 to allow limited outdoor storage in an M-1, Light Industrial zoning district at BDA Development, generally located at 7600 Hwy 65 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 , �F COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT DIRECTOR Memorandum DATE: February 15, 2008 TO: William W. Burns, City Manager FROM: Scott J. Hickok, Community Development Director SUBJECT: Brent Anderson Site Clean-up 7600 Hwy 65 Good News! The outdoor storage beside and behind 7600 Highway 65 has been removed! As scheduled; I visited the site this morning at 10:00. I met with Brent Anderson and his assistant "Tim". The two provided a tour of both the inside and the outside of the building. I was pleased to see that 97% of the outdoor storage was gone and the remaining 3% was being managed as we toured. He indicated that that 3% would be gone by the end of the day. I believe that will be true after seeing the progress, a crew, and the equipment that was being used on the site. I will alert you if the 3% does not disappear, since I will to a final inspection before the end of the day. On the south side of the property the snow piles were being removed to assure that there wasn't any junk beneath the snow. Mr. Anderson commented that it was a nerve-wracking week; since none of the heavy work was started until 4 days ago. He let the tenants know that any materials left behind will be removed by the City and he would "back-charge" the tenants for any expense. Crews began working early in the week and today had the final two dumpsters full and ready to be dumped, and all of the bulk storage removed has been removed as well. Mr. Anderson's company moved all of his roofing products below the roofed canopies (behind the building), where they are permitted to go. The inside of the building is boxed and ready to be moved out as well. There are 2 tenants plus Anderson's company that will remain after Adaddula has finished moving out. Anderson indicated that he has a new tenant that will occupy about 50% of the space inside the building and that that tenant will have all of its materials stored inside. I reminded him not to proceed with removing or adding walls and fixtures without obtaining a permit first. All-in-all a very good inspection and a very big victory! Congratulations staff and Council! � � �ffY �F FRIDLEY Date: To: AGENDA ITEM CITY COUNCIL MEETING OF JULY 14, 2008 July 8, 2008 Wlliam Burns, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Manager Stacy Stromberg, Planner Subject: Resolution Revoking Special Use Permit #06-04 for BDA Development, generally located at 7600 Hwy 65 NE M-08-18 ANALYSIS On January 7, 2008, the City Council continued a public hearing to consider revocation of Special Use Permit #06-04 until July 14, 2008. As you are aware, the special use permit was granted on September 25, 2006, to Brent Anderson to allow limited outdoor storage at his property which is located at 7600 Hwy 65 N E. At the January 7, 2008, City Council meeting, the Council instructed Mr. Anderson to have all outdoor storage issues, including equipment, materials, and vehicles to be stored under a roofed structure or removed from the site by February 15, 2008 and to have the property brought into compliance by this date. On February 15, 2008, Scott Hickok, Community Development Director inspected the subject property and found that all outdoor storage beside and behind the property had been removed. As Mr. Hickok had indicated in his memo dated, February 15, 2008, which is attached, 97% of the outdoor storage on the site was gone and the remaining 3% was being managed on the site as he toured it. Since that inspection that remaining 3% has been removed and the site continues to remain free of any outdoor storage. At the January 7, 2008 City Council meeting, the Council also directed Mr. Anderson to have the lean- to structure for screening of the materials to be constructed by July 1, 2008. RECOMMENDATION Since no screening has been built and screening was required to allow outdoor storage on the site, staff would recommend that the City Council revoke Special Use Permit, SP #06-04 by BDA Development, to allow limited outdoor storage in a M-1, Light Industrial zoning district, generally located at 7600 Hwy 65 NE. If in the future the petitioner would like to have outdoor storage on the site again, City staff and the Council can evaluate the request at the time. A resolution for revocation of SP #06-04 has been prepared and is attached for Council's signature. RESOLUTION NO. _ A RESOLUTION REVOKING SPECIAL USE PERMIT #06-04 FOR BDA DEVELOPMENT TO ALLOW LIMITED OUTDOOR STORAGE IN AN M-1 ZONING DISTRICT, GENERALLY LOCATED AT 7600 HWY 65 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.OS.S.G requires the City Council to revoke a special use permit, following a public hearing, when there is failure to comply with any and all conditions and stipulation of the issued permit; and WHEREAS, the Fridley City Council held a public hearing regarding the special use permit SP #06-04, to allow limited outdoor storage in an M-1, Light Industrial zoning district at BDA Development, generally located at 7600 Hwy 65 NE on September 25, 2006; and WHEREAS, an September 25, 2006 approval of SP #06-04 included 21 stipulations, of which several stipulations were to have been completed or submitted to City staff for review by December 31, 2006; and WHEREAS, City staff conducted an inspection of the site on January 29, 2007, April 11, 2007, and July 17, 2007 to determine compliance with the stipulations of SP #06-04; and WHEREAS, City staff found that compliance of several of the stipulations have not been met; and WHEREAS, the City Council held a public hearing on July 23, 2007 to consider revocation of SP #06-04; and WHEREAS, the City Council held open the public hearing until January 7, 2008 to allow the petitioner to complete a1121 stipulations by December 31, 2007; and WHEREAS, an inspection of the site on December 27, 2007 determined that several of the stipulations still have not been met and no work toward fulfilling those stipulations has been completed on the property; and WHEREAS, the City Council continued the public hearing on January 7, 2008, and instructed the petitioner to have all outdoor storage items on the property under a roofed structure or removed from the site by February 15, 2008; and WHEREAS, an inspection of the site conducted on February 15, 2008, found that 97% of the outdoor storage items have been removed from the site or are properly stored under a roofed structure; and WHEREAS, inspections by City staff since February 15, 2008, determined that the remaining 3% of outdoor storage has been removed from the site; and WHEREAS, all outdoor storage on the site has been removed and there is no longer a need for a Special Use Permit for outdoor storage for this property; NOW, THEREFORE BE IT RESOLVED THAT, based on these findings, the City Council of the City of Fridley hereby revokes the special use permit SP #06-04 to allow limited outdoor storage in an M-1, Light Industrial zoning district at BDA Development, generally located at 7600 Hwy 65 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 , �F COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT DIRECTOR Memorandum DATE: February 15, 2008 TO: William W. Burns, City Manager FROM: Scott J. Hickok, Community Development Director SUBJECT: Brent Anderson Site Clean-up 7600 Hwy 65 Good News! The outdoor storage beside and behind 7600 Highway 65 has been removed! As scheduled; I visited the site this morning at 10:00. I met with Brent Anderson and his assistant "Tim". The two provided a tour of both the inside and the outside of the building. I was pleased to see that 97% of the outdoor storage was gone and the remaining 3% was being managed as we toured. He indicated that that 3% would be gone by the end of the day. I believe that will be true after seeing the progress, a crew, and the equipment that was being used on the site. I will alert you if the 3% does not disappear, since I will to a final inspection before the end of the day. On the south side of the property the snow piles were being removed to assure that there wasn't any junk beneath the snow. Mr. Anderson commented that it was a nerve-wracking week; since none of the heavy work was started until 4 days ago. He let the tenants know that any materials left behind will be removed by the City and he would "back-charge" the tenants for any expense. Crews began working early in the week and today had the final two dumpsters full and ready to be dumped, and all of the bulk storage removed has been removed as well. Mr. Anderson's company moved all of his roofing products below the roofed canopies (behind the building), where they are permitted to go. The inside of the building is boxed and ready to be moved out as well. There are 2 tenants plus Anderson's company that will remain after Adaddula has finished moving out. Anderson indicated that he has a new tenant that will occupy about 50% of the space inside the building and that that tenant will have all of its materials stored inside. I reminded him not to proceed with removing or adding walls and fixtures without obtaining a permit first. All-in-all a very good inspection and a very big victory! Congratulations staff and Council! � � �ffY �F FRIDLEY Date: To: From: Subj ect: AGENDA ITEM CITY COUNCIL MEETING OF JULY 14, 2008 7uly 10, 2008 William Burns, City Manager Scott Hickok, Community Development Director Julie Jones, Planning Manager First Reading of Ordinance Declaring Property Excess and Authorizing Sale Background On June 23, 2008, the City Council closed a public hearing regarding the disposition of land owned by the City along Springbrook Creek in the Riverview Heights area. The land is comprised of five 25' x 110' lots and is legally described as Lots 4 through 8, inclusive, of Block M, Riverview Heights. Two adjoining property owners voiced interest at the hearing regarding purchasing the land from the City to combine with their existing property. Staff was directed to meet with these interested property owners after the meeting, negotiate terms, and proceed with the steps necessary to sell the land. Staff has since held a meeting with both parties. Conditions of the land sale were discussed and tentatively agreed upon. A survey of the properiy is in process at this time. Staff plans to wait with the drafting of drainage easement documents and purchase agreements until the City Council has approved the sale of the land by ordinance. Recommendation Staff recommends that the City Council hold the first reading of the attached ordinance on July 14, which describes the distribution of land as desired by the adjoining property owners. ORDINANCE NO. AN ORDINANCE UNDER SECTION 12.06 OF THE CITY CHARTER DECLARING CERTAIN REAL ESTATE TO BE SURPLUS AND AUTHORIZING THE SALE THEREOF. SECTION 1. The City of Fridley is the fee owner of the tract of land within the City of Fridley, Anoka County, State of Minnesota, described as follows: Lots 4 through 8, inclusive, of Block M, Riverview Heights, as recorded in the office of the Anoka County Recorder and subject to an easement of record SECTION 2. It is hereby determined by the City Council that the City no longer has any reason to continue to own said property, and the City Council is hereby authorized to transfer Lots 7 and 8, inclusive, of Block M, Riverview Heights to Garland C. Lagesse, Jr. and Jane M. Lagesse of 7951 Broad Avenue and Lots 4 through 6, inclusive, of Block M, Riverview Heights to Justin F. and Natalie J. Chapweske of 530 Dover Street NE, Fridley, MN for disposal. SECTION 3. The Mayor and City Clerk are hereby authorized to sign the necessary contracts and deeds to affect the transfer of the above-described real estate. 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 Public Hearing: June 23, 2008 First Reading: July 14, 2008 Second Reading: Publication: � AGENDA ITEM � CITY COUNCIL MEETING OF JULY 14, 2008 �ffY �F FRIDLEY INFORMAL STATUS REPORTS