09/15/2008 - 6175'�
FRmLEY
FRIDLEY CITY COUNCIL MEETING
OF September 15, 2008
7:30 p.m. - City Council Chambers
Attendance Sheet
ACFASE PR/NT NAMF AD�R�SS AND /TFM NUMBFR YOU ARS /NTFRFSTFD /N.
Priat Name (Cleaxly) ' Address l I#em �1Ta.
�2�t- , c- �� e-t_. � il g�o t`�e �
r�, �e t�-,, e � �
l A. �wc s2r� f� �L _
tv. ��-���--R,- S �-� 'La� Pc-�-�^��hat� ( ��d:
�v ya� Ho�t�S�roe-,� 5Z UI ierce St, N�
� D S i�, .v /� ,
�� �
�� �'� SQ/z,�,�.,-, 3 z r r s=- �,� � �
--S �l�i I�vi'�K-- /7� / ?3 %z A-v'� �3
! ov� 'S� olo� � 32- l � 5 � v�, N, /�'� ) s f y
• � --_ ,w
�!�IDLEY CITY COUNCIL MEETING �JF SEPTE�ER 15, 2008
� = �
_
�
CIiYOF
FRIDL.E,Y
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, �r activities because of race, color, creed, religion, national origin, sex,
disability, age, marital status, sexual orientation or staius with regard to put�ii�c assi�ta-r�-ce. Upon request,
accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services,
programs, and a��v��ies. _Hearing impaired per��n�who need an interpreter or other persons with disabilities who
require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534)
PLEDGE OF ALLEGtANCE.
PROCLAMATION:
Constitution Week: September 17 — 23, 2008
PRESENTATION:
Superintendent Don Helmstetter - Independent
School District No. 16
Captain Robert Rewitzer — Report on Republican
Nationa{ Convention
APPROVAL OF PROPOSED CONSENT AGENDA:
APPR�VAL OF MINUTES:
City Council Meeting of August 25, 2008
4LD BUSINESS:
1. Second Reading of an Ordinance Recodifying the
Fridley City Code by Amending Appendix F to
Provide for the Adjustment of Salaries for the
Mayor and Councilmembers in Accordance with
Section 2.07 of the Charter of th City of
Fridley ......� .................. .......... 1 - 2
'� � ��' c��
� .��� :�
s..
NEW BUSINESS:
2. Resolution Consenting to the Housing and
Redevelopment Authority in and for the City of
Fridley, Minnesota, Adopting a 2008 Tax Levy
Collectible in 2009 ................................. 3- 6
,
J �
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINU�D):
3. Resolution Regarding the Potential Counties
Transit Board Grant Funding of the Fridley
Northstar Commuter Rail Station .......... 7- 8
- ��� Q �
4. Resolution Declaring Costs to be Assessed and
Ordering Preparation of Proposed Assessment for
the Street Improvement Project No. ST.
2008 — 2 ....................................... .... 10
,: �� ♦
- •�_,��
5. Reso{ution Directing Publication of the Hearing on�
the Proposed Assessment for the Street Improvement
Project No. ST. 2008 — 2.... ... .. 11 - 12
� _ �
_� . G
6. Motion to Approve Req uest by Medtron ic, I nc.,
to do Construction Work at Night on the
Parking Structure Located at the Medtronic
World Headquarters, Generally Located at
710 Medtronic Parkway N.E. (Ward 1) . 13 - 14
7. Set a Public Hearing Date for November 10,
2008, to Review Comments on the City of
Fridley's Draft Wellhead Protection
Plan....................................................... 15 - 16
8. Claims .................................................. 17
9. Licenses ................................................ 18 - 24
10. Estimates ............1 ................................. 25
C� - _ J�
�► � <
FRIDLEY CITY COUNCtL MEETING OF SEPTEMBER 15, 2008 PAGE 2"
.-,-.
ADOPTlON OF AGENDA.
OPEN FORUM (VISIT�RS). Consideration of Items Not
-
on Agenda — 15 Minutes
PUBLIC HEARINGS:
NEW BUSINESS:
15. Approv� Six-Month Extension of Rezoning
Request, ZOA #05-03, by JLT Group,
Generally Located at 5601 East River
Road (Ward 3) ....................... �
................ 34 - 37
16. I nformal Status Report .... ............. ..... .... 38
11. Consider the Revocation of the I ntoxicating
Liquor License Issued to William J. Bisek of JWBB,
Inc., d/b/a Baggan's Pub, Located at 3720 East
River Road (Ward 3) (Continued August 11, ADJOURN.
2008) ...................................................... 26 - 27
12. Consider Special Use Permit, SP #06-11, for
Central Auto Parts, to Operate a Salvage Yard,
Generally Located at 1201 — 73�/2 Avenue
N.E. (Ward 2) (CQntinued June 9,
2008) . ..� ................................. 28
OLD BUSINESS: �
13. Resolution Revoking Special Use Permit, SP #06-11,
for Central Auto Parts, to Operate a Junkyard in an -
M-1 Zoning District, Generally Located at 1201
73 �/2 Avenue N.E. (Ward 2) (Tabled June�9,
20�8} ..................................................... 29 — 31 .
� ~ ��. ���..
���..�?�� -�� -,�
� �
�
14. Variance Request, VAR #08-06, by John
Allen and Jeff Salzbrun on behalf of
Industrial Equities, LLP, for Three Variances:
To Allow a Second Free-Standing Monument
Sign instead of the Code �Required Sign; to
Allow the South Monument Sign to be Within
25 Feet of a Driveway and within the Vision
Safety Zone; and to Reduce the North Sign
Setback from 10 Feet to 9.2 Feet from the
Property Line, Generally Located at
5140 - 5110 Main Street N. E. (VVard 3)
(Tabled August 25, 2008) ...................... 32 - 33
�
� CITY COUNCIL MEETING OF SEPTEMBER 15, 2008
�ffY �F
FRIDLEY
The City of Fridley will not discriminate against or harass anyone in the admission or
access to, or treatment, or employment in its services, programs, or activities because of
race, color, creed, religion, national origin, sex, disability, age, marital status, sexual
orientation or status with regard to public assistance. Upon request, accommodation will
be provided to allow individuals with disabilities to participate in any of Fridley's services,
programs, and activities. Hearing impaired persons who need an interpreter or other
persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-
3500 at least one week in advance. (TTD/572-3534)
PLEDGE OF ALLEGIANCE.
PROCLAMATION:
Constitution Week: September 17 — 23, 2008
PRESENTATION:
Superintendent Don Helmstetter - Independent School District No. 16
Captain Robert Rewitzer — Report on Republican National Convention
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of August 25, 2008
OLD BUSINESS:
1. Second Reading of an Ordinance Recodifying the
Fridley City Code by Amending Appendix F to
Provide for the Adjustment of Salaries for the
Mayor and Councilmembers in Accordance with
Section 2.07 of the Charter of the City of Fridley ..................................... 1- 2
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 15, 2008 PAGE 2
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS:
2. Resolution Consenting to the Housing and
Redevelopment Authority in and for the City of
Fridley, Minnesota, Adopting a 2008 Tax Levy
Collectible in 2009 ................................................................................... 3- 6
3. Resolution Regarding the Potential Counties
Transit Board Grant Funding of the Fridley
Northstar Commuter Rail Station ............................................................. 7- 8
4. Resolution Declaring Costs to be Assessed and
Ordering Preparation of Proposed Assessment for
the Street Improvement Project No. ST. 2008 — 2 ................................... 9- 10
5. Resolution Directing Publication of the Hearing on
the Proposed Assessment for the Street Improvement
Project No. ST. 2008 — 2 ......................................................................... 11 - 12
6. Motion to Approve Request by Medtronic, Inc.,
to do Construction Work at Night on the
Parking Structure Located at the Medtronic
World Headquarters, Generally Located at
710 Medtronic Parkway N.E. (Ward 1) .................................................... 13 - 14
7. Set a Public Hearing Date for November 10,
2008, to Review Comments on the City of
Fridley's Draft Wellhead Protection Plan ................................................. 15 - 16
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 15, 2008 PAGE 3
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUED):
8. Claims .................................................................................................... 17
9. Licenses .................................................................................................. 18 - 24
10. Estimates ................................................................................................ 25
ADOPTION OF AGENDA.
OPEN FORUM (VISITORS). Consideration of Items Not on Agenda — 15 Minutes
PUBLIC HEARINGS:
11. Consider the Revocation of the Intoxicating
Liquor License Issued to William J. Bisek of JWBB,
Inc., d/b/a Baggan's Pub, Located at 3720 East
River Road (Ward 3) (Continued August 11, 2008) .................................. 26 - 27
12. Consider Special Use Permit, SP #06-11, for
Central Auto Parts, to Operate a Salvage Yard,
Generally Located at 1201 — 73'/ Avenue
N.E. (Ward 2) (Continued June 9, 2008) ................................................. 28
OLD BUSINESS:
13. Resolution Revoking Special Use Permit, SP #06-11,
for Central Auto Parts, to Operate a Junkyard in an
M-1 Zoning District, Generally Located at 1201
73'/ Avenue N.E. (Ward 2) (Tabled June 9, 2008 .................................. 29 - 31
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 15, 2008 PAGE 4
OLD BUSINESS (CONTINUED):
14. Variance Request, VAR #08-06, by John
Allen and Jeff Salzbrun on behalf of
Industrial Equities, LLP, for Three Variances:
To Allow a Second Free-Standing Monument
Sign instead of the Code Required Sign; to
Allow the South Monument Sign to be Within
25 Feet of a Driveway and within the Vision
Safety Zone; and to Reduce the North Sign
Setback from 10 Feet to 9.2 Feet from the
Property Line, Generally Located at
5100 — 5110 Main Street N. E. (Ward 3)
(Tabled August 25, 2008) ........................................................................... 32 - 33
NEW BUSINESS:
15. Approve Six-Month Extension of Rezoning
Request, ZOA #05-03, by JLT Group,
Generally Located at 5601 East River
Road (Ward 3) ......................................................................................... 34 - 37
16. Informal Status Report ............................................................................ 38
ADJOURN.
% /
.!� < <��/L./.1 � .! LI
C01VS'?'l?'l1�'101V �I�EEJ�C
SEPTF.�IIBF.� �y - Z3, Zo�
��
WHEREAS, our Founding Fathers, in order to secure the blessings of liberty for themselves and
their posterity, did ordain and establish a Constitution for the United States; and
WHEREAS, it is important that all citizens fully understand the provisions and principles
contained in the Constitution in order to effectively support, preserve and defend against all
enemies; and
WHEREAS, September 17, 2008, marks the 221s` anniversary of the drafting of the Constitution
of the United States ofAmerica by the Constitutional Convention; and
WHEREAS, it is fztting and proper to accord o�cial recognition of this magnificent document
and its memorable anniversary; and,
WHEREAS, the independence guaranteed to American citizens, whether by birth or
naturalization, should be celebrated during Constitution Week, as designated by proclamation of
the President of the United States ofAmerica in accordance with Public Law 915;
NOW, THEREFORE, BE IT RESOLVED, that I, Scott J. Lund, Mayor of the City of Fridley,
do hereby proclaim the week of September 17 through 23, 2008, as
CONSTITUTION WEEK
in the City of Fridley, Minnesota.
IN WITNESS WHEREOF, I have set my
hand and caused the seal of the City of
Fridley to be affixed this 1 S`h day of
September, 2008.
Scott J. Lund, Mayor
CITY COUNCIL MEETING
CITY OF FRIDLEY
AUGUST 25, 2008
The City Council meeting for the City of Fridley was called to order by Mayor Lund at 730 p.m.
ROLL CALL:
MEMBERS PRESENT: Mayor Lund
Councilmember-at-Large Barnette
Councilmember Saefke
Councilmember Varichak
Councilmember Bolkcom
OTHERS PRESENT: William Burns, City Manager
Richard Pribyl, Finance Director
James Kosluchar, Public Works Director
Fritz Knaak, City Attorney
Scott Hickok, Community Development Director
Don Abbott, Public Safety Director
Jeffrey Salzbrun, 321 First Avenue North, Minneapolis
PRESENTATIONS:
Systematic Code Enforcement and Housing Code Enforcement 2008 - Katie Meyer and
Kevin Knock, Summer Interns for Housing Maintenance Program.
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of July 28, 2008 (Tabled from August 11, 2008).
APPROVED.
City Council Meeting of August 11, 2008.
APPROVED.
OLD BUSINESS:
1. Receive Plans and Authorize Advertisement for Bids for the 85t'' Avenue Trail Project,
City of Fridley Project Number ST2008-03 (Tabled August 11, 2008).
FRIDLEY CITY COUNCIL MEETING OF AUGUST 25, 2008 PAGE 2
William Burns, City Manager, said this item was tabled on August 11 to give Council a chance
to review plans and visit the project site. The City has been attempting to complete its portion of
the 85th Avenue bikeway since 2001. Upon completion of the Coon Rapids' portion of this
bikeway, residents will enjoy a bikeway link between the Mississippi River Regional Trail,
which extends along East River Road, and the Northtown transit hub. The project will e�tend
from the current terminus of the University Avenue bikeway to the west side of the BNSF tracks
along 85th Avenue. It has been designed so as not to interfere with future widening of 85tn
Avenue by Anoka County. This means that much of the project will be built through wetlands
on the north side of the SNC on pile-supported bridge sections.
Dr. Burns said bikeway amenities will include bicycle racks, rest areas and refuse containers.
The project has been delayed for various reasons including negotiations with both BNSF and
Anoka County. While we had hoped to construct it in 2007, the MSAS funding needed for the
20% match on the bikeway had to be used for the 2007 and 2008 street reconstruction projects.
Since we have been warned by MnDOT that we are in danger of losing our Federal
Transportation Enhancement Funding, staff has determined to use better than expected 2008
funding together with 2009 MSAS funding to cover the $250,000 local match. We estimate that
the total project cost will be $1,150,000. The use of 2009 MSAS funds for the bikeway may
require that we consider reducing the scope of the 2009 mill and overlay proj ect.
Dr. Burns said since we are in a use it or lose it situation with the Federal trail funding, staff
recommends that Council authorize staff to seek bids. Staff expects that bids would be opened in
October and that work on the bike trail would begin in November and be completed in July of
2009. Since many of the difficult construction areas are in wetlands, winter construction will be
to our advantage. Staff's recommendation was reviewed and endorsed by the Fridley Parks and
Recreation Commission at their August meeting. Staff also recommends that Council move to
receive plans for the 85th Avenue bikeway proj ect and authorize staff to start the bidding process.
RECEIVED PLANS AND AUTHORIZED ADVERTISEMENT FOR BIDS FOR THE
85TH AVENUE TRAIL PROJECT, CITY OF FRIDLEY PROJECT NUMBER ST2008-03.
NEW BUSINESS:
2. Resolution Certifying the Proposed Tax Levy Requirements for 2009 to the County of
Anoka.
William Burns, City Manager, said since we are required by the State to certify the proposed tax
levy to the County by September 15, we are seeking Council's approval of the proposed 2009 tax
levy tonight. The proposed levy is $9,472,787. The amount is $56,646, or .57% less than the
2008 levy. The reduction is attributable to an increase in LGA. Staff recommends Council's
approval.
ADOPTED RESOLUTION NO. 2008- 33.
FRIDLEY CITY COUNCIL MEETING OF AUGUST 25, 2008 PAGE 3
3. Resolution Adopting Proposed Budget for Fiscal Year 2009.
William Burns, City Manager, said we are also required by State law to submit the proposed
budget to the County Auditor prior to September 15. The proposed General Fund budget for
2009 is $14,952,920, or 4.1% more than the amount budgeted for 2008. The total budget for all
budgeted funds (excluding enterprise funds) is $17,653,074, or 8.0% less than the amount
budgeted for 2008. Staff recommends Council's approval. The public hearing for the 2009
budget and tax levy is scheduled for December 8, 2008. The continuation date is December 15.
ADOPTED RESOLUTION NO. 2008-34.
4. Resolution Authorizing changes in Appropriations for the 2008 Budget for January
through July 2008.
William Burns, City Manager, said there were $48,025 in expenditures attributable to the
Police, Fire and Recreation Departments between January and the end of July. These
expenditures are all offset by reimbursements and donations for various projects and programs.
Staff recommends Council's approval.
ADOPTED RESOLUTION NO. 2008-35.
5. Approve City of Fridley Draft Wellhead Protection Plan.
William Burns, City Manager, said Part I of the Fridley Well Head Protection Plan was
completed in 2002. It delineated wellhead protection areas and drinking water source monitoring
areas. It also included a vulnerability assessment. Part II focuses on assessment of the quantities
and quality of water available to Fridley residents. Work has included conducting a contaminant
source inventory. It has also involved forecasting changes in water resources.
Dr. Burns said additionally, we have been developing lists of potential issues and opportunities
associated with the City's water supply. Part II also involves identifying strategies for future
evaluation of the effectiveness of our wellhead protection measures. The work for Part II was
completed by our former Public Works Director, Jon Haukaas, in consultation with Anoka
County Environmental Services and the Minnesota Department of Health. The Minnesota
Department of Public Health is completing a preliminary review of our Wellhead Protection Plan
at this time. Our next step is to distribute the plan to provide an opportunity for public and local
government comment. Staff recommends Council's authorization to distribute the plan.
APPROVED DRAFT WELLHEAD PROTECTION PLAN AND AUTHORIZED
DISTRIBUTION OF THE PLAN.
6. Resolution Determining that Certain Parcels are Occupied by Structurally
Substandard Buildings and are to be Included in a Tax Increment Financing District.
FRIDLEY CITY COUNCIL MEETING OF AUGUST 25, 2008 PAGE 4
William Burns, City Manager, said due to a variety of problems and costs associated with the
structures acquired for the Gateway Northeast project, the HRA is recommending that the
buildings be razed yet this fall. In order to raze them, however, the HRA and Council must first
declare that the buildings are substandard. This qualifies the area to be established as a Tax
Increment Financing District. The HRA has certified that the buildings are substandard. Staff is
recommending the Council's approval.
ADOPTED RESOLUTION NO. 2008-36.
7. First Reading of an Ordinance Re-codifying the Fridley City Code by Amending
Appendix F to Provide for the Adjustment of Salaries for the Mayor and
Councilmembers in Accordance with Section 2.07 of the Charter of the City of Fridley.
William Burns, City Manager, said Council declined to raise their salaries in 2007 for 2008.
Based on our review of the salaries for mayors and councils in comparably sized cities, staff is
recommending a 3% salary adjustment. The new salaries would be:
Mayor $10,530.57
Councilmember at-Large $ 8,649.68
Ward Councilmember $ 7,647.15
WAIVED THE READING OF THE ORDINANCE AND ADOPTED THE ORDINANCE
ON FIRST READING.
8. Claims.
APPROVED.
9. Licenses.
APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE.
Councilmember Barnette asked about the buildings that are going to be taken down. It seemed
in the past the buildings had to stay up to show blight. Is that correct?
Scott Hickok, Community Development Director, said that the City has experienced a lot of
illegal dumping, graffiti and trespassing in the past and with the interest in copper and equipment
theft plus the safety issue, it would be a good idea to take the buildings down. The City has
seven years to get the proj ect in the ground from the time the properties are deemed blight. After
three years, the district is formed and then there is four years to get the project in the ground.
One of the reasons thee buildings were purchased was to help the Fridley's image, so the city
would like to take the buildings down.
Councilmember Bolkcom requested a copy of the draft Wellhead Protection Plan. She said
only one copy of the report was needed and Council could pass the report around.
FRIDLEY CITY COUNCIL MEETING OF AUGUST 25, 2008 PAGE 5
APPROVAL OF PROPOSED CONSENT AGENDA:
MOTION by Councilmember Barnette to approve the Consent Agenda with as presented.
Seconded by Councilmember Varichak.
UPON A 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):
Councilmember Bolkcom asked if Dr. Burns wanted to speak about the petition that was
received regarding the little league baseball games.
William Burns, City Manager, said that the City received a petition regarding the little league
baseball games about foul balls and on street parking. The biggest problem is with the high
school and non-high school games that are played on the high school fields. A 24' net was
installed earlier this year to help with the foul ball problem. Since the petition, the net will be
increased to 30' high. The other problem is parking and that may be an issue with the non high
school players. The City is working with the high school Athletic Director to try and resolve the
parking issue. When more information is received on this issue, a letter will be sent to the
petitioners.
Mayor Lund asked if there was something specific the petitioners wanted done.
Dr. Burns answered no.
Councilmember Bolkcom suggested putting up temporary signs saying no parking on the street
to encourage parking in the community parking lots.
NEW BUSINESS:
10. Variance Request, VAR #08-06, by John Allen and Jeff Salzbrun on behalf of Industrial
Equities, LLP, for Three Variances: To Allow a Second Free-Standing Monument Sign
instead of the Code Required Sign; to Allow the South Monument Sign to be Within 25
Feet of a Driveway and within the Vision Safety Zone; and to Reduce the North Sign
Setback from 10 Feet to 9.2 Feet from the Property Line, Generally Located at 5100-
5110 Main Street N.E. (Ward 3)
FRIDLEY CITY COUNCIL MEETING OF AUGUST 25, 2008 PAGE 6
Scott Hickok, Community Development Director, said that the petitioner is seeking three sign
variances in order to allow two free-standing monument signs to continue to exist on the
property located at 5100-5110 Main Street. The first variance is to allow a second free-standing
monument sign instead of the code required sign. The second variance is to allow the south
monument sign to be within twenty-five feet of a driveway and within the vision safety zone.
The third variance is to reduce the north sign setback from 10 feet to 9.2 feet from the property
line.
Mr. Hickok said that the petitioner's hardship statement states that "There is a need for two
monument signs on the property due to the unique North-South orientation for the buildings,
which is a response to the rail access on the Premises. These signs provide crucial information
for any safety response as the 5100 building is not clearly visible from the street."
Mr. Hickok said that the shape of the property had caused the owners to design two buildings
oriented north to south on the property, as a rail spur is located on the western side of the
property to allow Industrial Equities the greatest use of the shipping and receiving materials.
Since the buildings are situated for this purpose, it is only possible to view one of the buildings
from the street, which forms the basis of the variance requests.
Mr. Hickok said that City Code requires one free-standing sign per street frontage. The
petitioner is seeking a variance for a second free-standing sign. City Code requires a free-
standing sign to be a minimum height of 10 feet from the bottom of the sign to the finished
ground grade when within 25 feet of a driveway or a corner vision safety zone. The petitioner is
seeking a variance to locate the south sign 10 feet of the driveway and in the vision safety zone.
Mr. Hickok said that City Code requires that a free-standing sign be a minimum distance of 10
feet from any driveway. The petitioner is seeking a variance to reduce the north sign setback
from 10 feet to 9.2 feet from the property line.
Mr. Hickok said that before Council grants a variance, it is the responsibility of the applicant to
meet the four conditions required to be met in the City Sign Code. The Petitioner is failing to
meet those four conditions in relation to 2 of the sign variance requests. Therefore, by Code,
those sign variances should not be granted.
Mr. Hickok reviewed the four code conditions required for sign variance approval.
1. Exceptional or extraordinary circumstances applicable to the property or to the
intended use that do not apply generally to other properties in the same vicinity and
district. The circumstances surrounding the location of this property are neither
exceptional nor extraordinary to allow for a second sign in the vision safety zone.
The industrial property at 5730 Main Street has a similar building orientation, with
two large warehouse buildings that are facing north and south on the property, with
access to a rail spur. This property does not have a second free-standing sign.
Instead they have one monument sign that identifies all tenants within the buildings.
The petitioner's design decision to orient the buildings in a north/south manner was to
take full advantage of the rail spur, thus creating a self-imposed hardship.
FRIDLEY CITY COUNCIL MEETING OF AUGUST 25, 2008 PAGE 7
2. The variance is necessary for the preservation and enjoyment of substantial property
right possessed by other properties in the same vicinity and district, but which is
denied the property in question. A second free-standing sign and a sign in the vision
safety zone are not property rights possessed by other properties within the same
vicinity and denial of these variances does not eliminate the potential for signage on
the property. Current code requirements allow the petitioner to have one free-
standing sign on the site to identify the tenants within the buildings. City Code also
allows for signage to be placed on the buildings. Placement of the southern sign will
always be an issue. There is no place to locate the sign within this area that will
comply with all setback and vision safety requirements due to the close proximity of
the driveway and the southern property line. It should also be noted that the south
sign is approximately 20 feet from the driveway to Murphy's Warehouse which is the
property south of the subj ect property.
3. The strict application would constitute an unnecessary hardship. City staff has not
been able to identify any hardship for the second free-standing sign request. Strict
application of the code would require removal of the second free-standing monument
sign, presently located in the vision safety zone. One 80 square foot sign is sufficient
to identify the location of the Industrial Equities buildings.
4. The granting of the variance would not be materially detrimental to the public health,
safety or general welfare or detrimental to the property in the vicinity or district in
which the property is located. The purpose of the sign code requirements is to identify
and allocate the size and amount of signage allowed on a property in order to reduce
the visual pollution and distractions for the motoring public. Allowing a free-
standing sign in the vision safety zone has the potential to negatively impact the
health, safety and public welfare of motorists on Main Street and act as a distraction.
The second free-standing sign would also dominate the landscape due to the sign's
location near the driveway and on Main Street.
Mr. Hickok said Planning staff contacted the Police and Fire Departments for their opinion on
the matter. The City's Fire code requires that address signs on each building be visible from the
roadway. John Berg, Fire Chief, inspected the site and determined that each building has an
address on it that is visible from the public right-of-way; therefore, the Fire code requirements
are being met. Don Abbott, Public Safety Director, agrees with the Fire Chief, in that if the Fire
code requirements are being met, it satisfies any public safety concerns.
Mr. Hickok said the Appeals Commission recommended denial of Variance #1 (variance to
allow a second free-standing sign). The motion carried on a three to one vote. The Commission
recommended denial of Variance #2 (variance to allow the south monument sign to be within 25
feet of a driveway and within the vision safety zone). The motion carried unanimously. The
Commission recommended approval of Variance #3 to reduce the setback of the north sign from
10 feet to 9.2 feet from the property line. The motion carried unanimously. Staff recommends
concurrence with the Appeals Commission.
FRIDLEY CITY COUNCIL MEETING OF AUGUST 25, 2008 PAGE 8
Councilmember Bolkcom asked if there were any other signs Mr. Hickok was aware of that
were in the vision safety zone. She asked if there was something in the building permit that
mentions anything about signs and asked when an application is prepared and approved if the
builder was told they would have to apply for a sign permit.
Mr. Hickok said that the code information is available to the builder. When the petitioner
submitted their site plan, there was indication on the plan of the two signs with detail. If the
draftsman had taken the time to go through the sign plan, they would have seen the signs were
not in compliance with code. Only one of the two signs was labeled and staff was in expectation
a permit was on the way. This builder has built in Fridley before so they should have known a
sign permit was necessary.
Councilmember Bolkcom asked if the same contractor built the sign and the building.
Mr. Hickok that is correct.
Mayor Lund said the Appeals Commission allowed a variance on the north monument. He
asked if it was in the vision safety zone.
Mr. Hickok said because the driveway was moved, it was not in the vision safety zone.
Councilmember Bolkcom said Mr. Allen is not new to building in Fridley. This is a beautiful
building, but she was concerned why a monument was put up without a sign permit. She asked
Mr. Hickok if it was typical for most communities to have a sign permit separate from the
building permit.
Mr. Hickok said that is correct.
Councilmember Bolkcom asked if the petitioner was familiar with the requirements and that a
sign permit was needed.
Jeff Salzbrun, representing Industrial Equities, said when the other property that was built, the
sign company took care of the sign permit. On this particular property, because the signs were
indicated on the construction plan, it was a simple mistake on both parties. When the letter was
received that a sign permit was needed, they immediately addressed the situation to see what
could be done. The strategy of this building structure was to hide the docks as much as possible
to make it look better. If it was known only one monument sign would be granted, the
monument would have been placed in the middle. One sign would work on the lot but it will
look odd with it not centered on the property. Recently the landscape plan was approved and
that is even further into the vision safety zone.
Councilmember Bolkcom said that when landscape designs are approved, it has nothing to do
with the signs.
Mr. Salzbrun said that within the signs there are 35 trees also in the vision safety zone. Not
applying for a sign permit was an oversight, not a mistake. A sign permit is in the City Code and
FRIDLEY CITY COUNCIL MEETING OF AUGUST 25, 2008 PAGE 9
was something that was missed. A lot of money has been invested in the signs and the building
is beautiful. He asked how they could get beyond these challenges.
Councilmember Bolkcom said the City should not grant the variance just because it was an
oversight. She asked Mr. Knaak if someone put something up that was not according to city
code if it was a hardship.
Fritz Knaak, City Attorney, answered no.
Councilmember Bolkcom said that if other builders put things in by mistake which were
allowed to stay up without a permit, it would set precedence. The sign permit was never applied
for but it does not qualify as a hardship. The hardship is more in the money lost in the mistake.
Mr. Salzbrun said that he received a call from Pitney Bowes and just tonight there were three
couriers looking for their building and had a difficult time finding them.
Councilmember Bolkcom asked that it was Pitney Bowes responsibility to let their curriers
know where they are located. She suggested a sign with both tenants' names on it like the signs
on other buildings.
Mr. Salzbrun said that would be possible but both monuments would need to be taken down.
The vision safety zone seems to be one of the major problems. The current driveway width is 32
feet, which is the City maximum. If the curb line was moved north, that may help bring the
monument in compliance and out of the vision safety zone.
Councilmember Bolkcom asked what kind of precedence would be set if we allow this
company to have a second sign or even put up a sign and then come back to ask for a variance.
Mr. Knaak said precedence is not exactly how to describe it, but you are required to treat each
applicant equally. If you are going to grant a variance in this case, you have to be real clear on
how this situation is unique. The more unique the situation is, the harder it is to duplicate.
Councilmember Bolkcom said that this is not a unique proj ect to allow us to let this go through.
Mr. Salzbrun asked about Parsons Electric that has two signs out in front of the building.
Mr. Hickok said they have two buildings on two different sites and are allowed one sign per
site.
Councilmember Bolkcom said that this property is also in a residential zone and there is
discussion about these signs creating visual pollution for the people who live across the street.
There have been other property owners who have requested larger signs or more signs. They
have had to go the sign permit process prior to installation. This situation should be no different.
Mayor Lund asked if both of the monument signs were the 80 foot allotments.
FRIDLEY CITY COUNCIL MEETING OF AUGUST 25, 2008 PAGE 10
Mr. Hickok said yes but the petitioner may be able to put 40 square feet around each sign.
Mayor Lund asked if they kept both signs, would the address as well as the tenants' names be
placed on the sign.
Mr. Salzbrun answered yes, but it would be mainly to direct people to the buildings in the back.
This building is not designed to be broken up into several tenants.
Mayor Lund said that if he were looking for a building, he would rather have the signage on the
building.
Mr. Salzbrun said they would propose that the monument sign have the tenants in the back
building on the monument sign.
Councilmember Bolkcom asked if that information was put on the sign if it could be limited to
the 40 square feet.
Mayor Lund said that he is sensitive to the issue but they should have known a sign permit was
needed as this is not the first building they have built in Fridley. Staff is helpful in looking at the
site plan and maybe the signs were not labeled very well on the site plan. There is an expectation
of staff and if staff would have seen the signs indicated on the site plan, they would have said a
sign permit was needed. This is no different than any other community as they all require a sign
permit.
Mr. Salzbrun said in the set up plan there is a footnote on the site plan explaining the sign
details.
Councilmember Bolkcom said that even if there was explanation, the City still requires a sign
permit. A sign permit is needed no matter what is presented on the site plan.
Mr. Hickok said that there was detail on the sign in the report, but there was no indication on the
site plan where the sign was going to be placed. Staff had full expectation that they would come
forward with a sign permit.
Councilmember Bolkcom asked the petitioner to go back and see if all the information they
need on the sign can fit on 40 square feet and bring this back to the September 8 meeting.
Mayor Lund said that the amount of words and the number of tenants that will be on the sign
will need to be limited.
Councilmember Barnette said the next meeting is September 15.
Mayor Lund asked if we have ever allowed two free standing signs like this.
Mr. Hickok said yes we have had requests, but two 80' signs have not been permitted that he
can recall. PetSmart and Home Depot wanted their own signs but did reduce the size.
FRIDLEY CITY COUNCIL MEETING OF AUGUST 25, 2008 PAGE 11
Ultimately the City allowed an 80 square foot sign on the highway and PetSmart used the
allowed Home Depot freestanding 80 square foot sign. Sometimes we have allowed the signs
when the property owner would have been entitled to two 80 square foot signs, but the owner
goes with one 120 square foot sign. Not all situations are the same, and you need to look at
conditions and decide what makes sense.
Councilmember Bolkcom said at this time she does not see anything unique about this property.
She suggested bringing this back at the next meeting to give Council more time to look at this.
Mayor Lund said he was okay with waiting on this.
Councilmember Saefke said he did not see anything unique to the property but the major thing
is the cost to the owner. He is concerned if the signs will be lit and the impact it will have on the
neighbors across the street. The building is lovely but they didn't go through the right process.
Mr. Allen has built other buildings in town and should have been aware of the process.
Mr. Salzbrun said that with the lighting of the signs, the lighting would be directed to angle
towards the proj ect and not the neighbors.
MOTION by Councilmember Bolkcom to table Variance Request, VAR #08-06, by John Allen
and Jeff Salzbrun on behalf of Industrial Equities, LLP, for three variances until the City Council
meeting on September 15, 2008. Seconded by Councilmember Barnette.
UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
11. Approve Drug Enforcement Administration State and Local Task Force Agreement
Don Abbott, Public Safety Director, said that the US Drug Enforcement Administration (DEA)
operates several task forces in the metro area. Task forces are made up of eight DEA agents and
three local officers. The DEA Task Force works on significant drug cases. The DEA has asked
Fridley to contribute an officer beginning October 1, 2008. The Fridley officer would replace an
outgoing officer from another jurisdiction. Our officer would work drug cases throughout
Minnesota. Our officer would also serve as a liaison between the DEA and the Anoka Hennepin
Drug Task Force (DTF).
Mr. Abbott said that drug cases are increasing in Fridley. In 2004 there were 90, in 2005, 129;
in 2006, 108; in 2007, 94; and in 2008, there have been 87 year-to-date (at a rate to produce
133). Other crimes related to drugs include robberies, auto theft, burglary, etc. There is a
definite connection between drugs and gangs.
Mr. Abbott said that a new officer to replace a more experienced officer who is assigned to the
DEA Task Force is estimated to cost $71,400 per year. Forfeiture funds are required to be used
for law enforcement purposes. Staff recommends authorizing the City to sign the DEA
agreement to assign an officer to their task force. Staff further recommends the hiring of a new
police officer to replace the DEA Task Force Officer.
FRIDLEY CITY COUNCIL MEETING OF AUGUST 25, 2008 PAGE 12
Councilmember Barnette asked if the new officer would be terminated when the officer
assigned to the DEA returns to Fridley.
Mr. Abbott said that if we were to terminate our agreement with the DEA, it would be the
understanding that the officer position would fade away. The City does have one to three
positions open up every year, so it should not be a problem if the officer from the DEA task force
returns to Fridley.
William Burns, City Manager, mentioned that we have been waiting for the DEA to invite us to
participate in this effort.
Mr. Abbott said that the DEA talked to us a few years ago and this is the first opening that has
been available.
Councilman Varichak said that the more pro-active we are, the better it will be for our
community.
Councilmember Bolkcom said if this is approved, Council was not appointing a new officer.
Once this happens, there will be a separate appointment action.
Dr. Burns said that is correct.
MOTION by Councilmember Saefke to approve the Drug Enforcement Administration State
and Local Task Force Agreement. Seconded by Councilmember Varichak.
UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
12. Informal Status Report
Scott Hickok, Community Development Director, said that the next recycling event is Saturday,
October 11 from 9:00 a.m. to 1:00 p.m. at the Public Works Garage. For more information
please ca11763-572-3594. These recycling events really do help our code enforcement efforts.
Councilmember Bolkcom said that the last recycling event brought in 119 tires, 18 air
conditioners, 136 regular appliances, 189 fluorescent bulbs, 2 furnaces, 9 dishwashers and
14,620 pounds of electronics.
William Burns, City Manager, said that there is a Foreclosure Prevention Workshop on
September 17 from 4:30 p.m. to 7:00 p.m. at the Fridley Community Center. This is an open
house format and all are welcome. Call 763-783-3880 for questions. Subsequent meetings will
be established after this first meeting. A financial workshop will be held at the Fridley
Community Center as a follow up.
�
�
�ffY �F
FRIDLEY
TO:
AGENDA ITEM
CITY COUNCIL MEETING OF SEPTEMBER 15, 2008
FROM:
DATE:
William W. Burns, City Manager
Deborah K. Dahl, Human Resources Director
September 5, 2008
SUBJECT: 2009 Council Salaries
Attached is an ordinance to increase Council salaries by three percent (3%) effective
January 1, 2009. The ordinance was prepared pursuant to Chapter 2.07 of the Fridley City
Charter. The annual salaries for the Mayor and Councilmembers during 2009 shall be as
follows:
Mayor: $10, 53 0. 57
Councilmember-at-Large: $ 8,649.68
Councilmember (Wards I, II and III) $ 7,647.15
The first reading of the ordinance was held at the City Council meeting on August 25, 2008.
Staff recommends Council's approval of the second reading of this ordinance.
Attachment
ORDINANCE NO.
AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE
BY AMENDING APPENDIX F TO PROVIDE FOR THE
ADJ[TSTMENT OF SALARIES FOR THE MAYOR AND
COUNCILMEMBERS IN ACCORDANCE WITH SECTION 2.07
OF THE CHARTER OF THE CITY OF FRIDLEY
The City Council of the City of Fridley does hereby ordain as follows:
The annual salaries for the Mayor and Councilmembers during 2009 and subsequent years shall be
as follows:
Mayor
Councilmember-at-Large
Councilmember, Ward I
Councilmember, Ward II
Councilmember, Ward III
$ 10,530.57
$ 8,649.68
$ 7,647.15
$ 7,647.15
$ 7,647.15
In addition, the Mayor and Councilmembers shall be entitled to the same benefits enjoyed by full-
time authorized employees of the City of Fridley.
PASSED AND ADOPTED BY THE CITY COUNCIL OF TI� CITY OF FRIDLEY THIS
DAY OF _ 2008.
SCOTT J. LUND - MAYOR
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
First Reading: August 25, 2008
Second Reading:
Publication:
� AGENDA ITEM
� COUNCIL MEETING OF
� �F September 15, 2008
FRIDLEY
TO: WILLIAMS W. BURNS, CITY MANAGER
FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR
MIKE JEZIORSKI, HRA ACCOUNTANT
PAUL BOLIN, ASSISTANT DIRECTOR OF HRA
SUBJECT: CONSIDERATION OF A RESOLUTION TO APPROVE THE HRA TAX
LEVY FOR TAXES PAYABLE IN 2009
DATE: September 10, 2008
Since 1996, the HRA has utilized a tax levy to help support its housing rehabilitation programs.
For a number of years the levy was equal to .0144% of the taxable market value of all real estate
and personal property. Legislation passed in May of 2008 increased the maximum levy amount
for Housing & Redevelopment Authorities to .0185%. The new 2009 tax levy rate will allow the
Authority to collect approximately $499,757. In terms of the impact on taxpayers, the levy
would cost $37 per year for a home valued at $200,000 and $185.00 per year for a commercial
property valued at $1,000,000. The additional revenues raised by the new rate can be directed
towards Gateway Northeast and other future redevelopment projects.
This tax levy was originally implemented to help fund the HRA's revolving loan program. In
1997, the City made a loan of $1.5 million to the HRA to capitalize the housing loan program. In
turn, the tax levy was used to make the debt service payments. The principal balance of the loan
is now $277,560.
State Statutes require the consent of the City Council, prior to the tax levy becoming effective.
The HRA Commission passed this resolution on September 4th 2008.
Recommendation
Staff recommends that the City Council approve the attached resolution at their regular meeting
on September 15, 2008.
Attachment
RESOLUTION NO. 2007 - PAGE 2
RESOLUTION NO. 2008 -
RESOLUTION CONSENTING TO THE HOUSING AND REDEVELOPMENT
AUTHORITY IN AND FOR THE CITY OF FRIDLEY, MINNESOTA, ADOPTING A
2008 TAX LEVY COLLECTIBLE IN 2009
BE IT RESOLVED by the City Council (the "Council") of the City of Fridley, Minnesota (the
"City"), as follows:
Section 1. Recitals.
1.01. The Housing and Redevelopment Authority in and for the City of Fridley, Minnesota (the
"Authority"), at its regular meeting on September 4, 2008, adopted Attachment A, HRA
Resolution No. 2008 - 06: Resolution Adopting a 2008 Tax Levy Collectible in 2009.
1.02. The Council must consent to any Authority levy prior to its becoming effective as
required by Minnesota Statutes, Section 469.033.
Section 2. Consent.
2.01. The Council hereby consents to the HRA resolution and to the levy described therein.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY,
MINNESOTA, THIS 15TH DAY OF SEPTEMBER, 2008.
SCOTT J. LUND — MAYOR
ATTEST:
DEBRA A. SKOGEN — CITY CLERK
RESOLUTION NO. 2007 -
r� COMMUNITY DEVELOPMENT
�
�
DEPARTMENT
HOUSING AND REDEVELOPMENT AUTHORITY
Memorandum
DATE: August 26, 2008
TO: William W. Burns, City Manager
FROM: Paul Bolin, Assistant Director of HRA
Mike 7eziorski, HRA Accountant
SUBJECT: Consider HRA Tax Levy for Taxes Payable in 2009
PAGE 2
Since 1996, the HRA has utilized a tax levy to help support its housing rehabilitation programs.
For a number of years the levy was equal to .0144% of the taxable market value of all real estate
and personal property. Legislation passed in May of 2008 increased the maximum levy amount
for Housing & Redevelopment Authorities to .0185%. The new 2009 tax levy rate will allow the
Authority to collect approximately $499,757. In terms of the impact on taxpayers, the levy
would cost $37 per year for a home valued at $200,000 and $185.00 per year for a commercial
property valued at $1,000,000. The additional revenues raised by the new rate can be directed
towards ongoing and future redevelopment priorities.
This tax levy was originally implemented to help fund the HRA's revolving loan program. In
1997, the City made a loan of $1.5 million to the HRA to capitalize the loan fund. In turn, the tax
levy was used to make the debt service payments. The principal balance of the loan is now
$277, 560.
State Statutes require the consent of the City Council, prior to the tax levy becoming effective.
The City Council will act on this item on September 15th. As a final note, the HRA tax levy will
be certified to the County Auditor on September 16, 2008.
Recommendation
Staff recommends that the Authority approve the attached resolution at their regular meeting on
September 4, 2008.
Attachment
Resolution No. 2008-xx
HRA RESOLUTION NO. 2008 -
A RESOLUTION ADOPTING A 2008 TAX LEVY COLLECTIBLE
IN 2009
Page 2
Attachment A
BE IT RESOLVED by the Board of Commissioners (the "Commissioners") of the Housing and
Redevelopment Authority in and for the City of Fridley, Minnesota (the "Authority"), as follows:
Section 1. Recitals.
1.01. The Authority is authorized by Minnesota Statutes Section 469.033 to adopt a levy on all taxable
property within its area of operation, which is the City of Fridley, Minnesota (the "City").
1.02. The Authority is authorized to use the amounts collected by the levy for the purposes of Minnesota
Statutes Sections 469.001 to 469.047 (the "General Levy").
Section 2. Findin�s.
2.01. The Authority hereby finds that it is necessary and in the best interests of the City and the Authority
to adopt the General Levy to provide funds necessary to accomplish the goals of the Authority.
Section 3. Adoption of General Levy.
3.01. The following sums of money are hereby levied for the current year, collectible in 2009, upon the
taxable property of the City for the purposes of the General Levy described in Section 1.02 above:
Tota1 General Levy: .0185% of Taxable Market Va1ue
Amount: Ma�mum Allowed by Law
Section 4. Report to City and Filin� of Levies.
4.01. The Executive Director of the Authority is hereby instructed to transmit a certified copy of this
Resolution to the City Council for its consent to the General Levy.
4.02. After the City Council has consented by resolution to the General Levy, the Executive Director of the
Authority is hereby instructed to transmit a certified copy of this Resolution to the County Auditor of
Anoka County, Minnesota.
PASSED AND ADOPTED BY TI� HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR
THE CITY OF FRIDLEY, MINNESOTA THIS 4t''DAY OF SEPTEMBER, 2008.
LAWRENCE R. COMMERS - CHAIRPERSON
ATTEST:
WILLIAM W. BURNS - HRA DIRECTOR
�
�
�ffY �F
FRIDLEY
Date:
To:
From:
Subj ect:
AGENDA ITEM
CITY COUNCIL MEETING OF SEPT. 15, 2008
September 11, 2008
William Burns, City Manager
Scott Hickok, Community Development Director
Paul Bolin, Assistant HRA Director
Resolution of Support for Northstar Grant Funding Request
Background
As the Fridley Station was left out of the Federal funding of the Northstar Rail project, due to increased costs
in the overall project, the City and it's rail partners have continued to search for alternative funding sources.
The most promising source of funding is from the Counties Transit Improvement Board, which began
collecting a'/4 % sales tax on July lst of this year. The money collected through the sales tax is for transit
projects within those counties that elected to participate. Anoka County is a participating county, thus
making our Station eligible to apply for the lst round of grant funding to be awarded in late October.
The newly formed CTIB will be granting approximately $70M in this initial round of funding. Statute
requires that $30M of this money go to Metro Transit for transit operations, approximately $20M go to the
Northstar and Hiawatha lines for operating costs, and the remaining $20M to funding capital projects. The
CTIB's interim funding criteria for this initial round of grants will only allow the Cedar Corridor, the Central
Corridor, and the Northstar Corridor to receive these capital grants. It is estimated that Northstar could
receive over $ l OM for the completion of the Fridley Station. This would allow construction to start this
winter and put the station online for the November 2009 opening of the entire line.
Following is the timeline for the grant application:
■ CTIB grant applications due October 1(Anoka County Regional Rail Authority is making
application)
■ Reviewed by GEARS committee (Grant Evaluation And Ranking System)
■ Reviewed by Met Council for consistency with regional priorities
■ Reviewed and approved by CTIB
■ Award funding in late October
Following is the timeline for actual construction of our station:
■ Meeting with Building Official. & Fire Marshall on 9/17
■ NCDA working on final design, finished by October 31st
■ Bidding Process — November 1— December 31
■ Notice to Proceed — January 15th, 2009
■ Significant Construction Complete — September 2009
■ Final Construction Complete — October 2009
■ Northstar begins operations — November 2009
Recommendation
Staff recommends that the Council approve the attached resolution encouraging the CTIB Board to grant the
funding being requested by the Anoka County Regional Rail Authority. The resolution will accompany the
County's CTIB application.
RESOLUTION NO. 2008 -
A RESOLUTION REGARDING THE POTENTIAL COUNTIES TRANSIT
IMPROVEMENT BOARD GRANT FUNDING OF THE FRIDLEY NORTHSTAR
COMMUTER RAIL STATION
WHEREAS, the Northstar Commuter Rail Development Authority (NCDA) is a multi jurisdictional
joint powers entity empowered to address transportation needs along the Northstar Corridor; and
WHEREAS, the NCDA is constructing a multi-phased 80 mile commuter rail system extending from
St. Cloud to downtown Minneapolis in conjunction with other transportation system improvements;
and
WHEREAS, the Northstar commuter rail system will utilize the existing tracks of the BNSF railroad;
and
WHEREAS, said railroad tracks run through the City of Fridley and a commuter rail station is
proposed in the City of Fridley; and
WHEREAS, Federal Funding was inadequate to cover construction costs of the Fridley Station; and
WHEREAS, the City of Fridley's Housing & Redevelopment Authority and the Anoka County
Regional Rail Authority have purchased the land and installed the tunnel necessary for constructing
the Fridley Station; and
WHEREAS, Anoka County's participation in the Counties Transit Improvement Board (CTIB)makes
the Anoka County Regional Rail Authority eligible to receive grant funding through CTIB; and
WHEREAS, the Anoka County Regional Rail Authority is requesting $10.6M in CTIB grant funding
to be awarded in November 2008 for completion of the Fridley Station; and
WHEREAS, obtaining the CTIB grant funding will allow the construction of the Fridley Station in a
timely manner in order to open with the rest of the line in November 2009.
NOW, THEREFORE, BE IT RESOLVED, that the City of Fridley kindly requests that the Counties
Transit Improvement Board provide the grant funding requested for completion of the Fridley
Station.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
15TH DAY OF SEPTEMBER 2008.
SCOTT J. LUND - MAYOR
ATTEST:
DEBRA A. SKOGEN, CITY CLERK
�
�
�ffY �F
FRIDLEY
T0:
FROM:
AGENDA ITEM
CITY COUNCIL MEETING OF SEPTEMBER 15, 2008
WILLIAM W. BURNS, CITY MANAGER
RICHARD D. PRIBYL, FINANCE DIRECTOR
GREG TIREVOLD, SPECIAL ASSESSMENTS
SUBJECT: RESOLUTION DIRECTING PREPARATION OF THE ASSESSMENT ROLL
FOR THE STREET IMPROVEMENT PROJECT NO. ST. 2008-2
DATE: September 10, 2008
Attached you will find the resolution directing preparation of the assessment roll for the Street
Improvement Project No. St. 2008-2. This project included 56 properties.
The assessment will be for 10 years at a rate of 6.5%.
RDP/gt
Attachment
RESOLUTION NO. 2008-
RESOLUTION DECLARING COST TO BE ASSESSED AND
ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR THE STREET
IMPROVEMENT PROJECT NO. ST. 2008-2
WHEREAS, the costs for the Street Improvement Proj ect No. ST. 2008-2 have been estimated to be
$ 328,455.07 for the contract price for such improvement and $ 13,387.16 for expenses incurred in
the making of such improvement so that the total estimated cost of the improvement is $ 341,842.23.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FRIDLEY, MINNESOTA:
The portion of the cost of such improvement to be paid by the City is hereby estimated to be $
234975.49.and the portion of the cost to be assessed against benefited property owners is estimated to
be $ 106,886.74.
Assessments shall be payable in equal installments extending over a period of 10 years, the first of
the installments to be payable on or before the first Monday in January, 2009 and shall bear interest at
the rate of 6.5 percent per annum from the date of the adoption of the assessment resolution.
The Finance Director, with the assistance of the City Engineer, shall forthwith calculate the proper
amount to be specially assessed for such improvement against every assessable lot, piece or parcel of
land within the district affected, without regard to cash valuation, as provided by law, and he shall
file a copy of such proposed assessment in his office for public inspection.
The Finance Director shall upon the completion of such proposed assessment, notify the Council
thereof.
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
�
�
�ffY �F
FRIDLEY
T0:
FROM:
AGENDA ITEM
CITY COUNCIL MEETING OF SEPTEMBER 15, 2008
WILLIAM W. BURNS, CITY MANAGER
RICHARD D. PRIBYL, FINANCE DIRECTOR
GREG TIREVOLD, SPECIAL ASSESSMENTS
SUBJECT: RESOLUTION DIRECTING PUBLICATION OF THE PUBLIC HEARING
NOTICE FOR THE STREET IMPROVEMENT PROJECT NO. ST. 2008-2
DATE: September 10, 2008
Attached you will find the resolution directing publication of the public hearing on the assessment
roll for the Street Improvement Proj ect No. ST. 2008-2. This proj ect included 56 properties. These
properties will be assessed an estimated total of $ 106,886.74.
The Public Hearing Notice will be published in the Focus newspaper on October 2, 2008 as required
by State Statute.
RDP/gt
Attachment
RESOLUTION NO. 2008-
RESOLUTION DIRECTING PUBLICATION OF THE HEARING ON THE PROPOSED
ASSESSMENT FOR THE STREET IMPROVEMENT
PROJECT NO. ST. 2008-2
WHEREAS, by resolution passed by the Council on September 15, 2008, the Finance Director was
directed to prepare a proposed assessment of the Street Improvement Project No. ST. 2008-2,
AND WHEREAS, the Finance Director has notified the council that such proposed assessment has
been completed and filed by his office for public inspection,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FRIDLEY, MINNESOTA:
A hearing shall be held on the 13th day of October, 2008 in the City Hall at 7:30 p.m. to pass upon
such proposed assessment and at such time and place all persons owning property affected by such
improvement will be given an opportunity to be heard with reference to such assessment.
The Finance Director is hereby directed to cause a notice of the hearing on the proposed assessment
to be published once in the official newspaper at least two weeks prior to the hearing and he shall
state in the notice the total cost of the improvement. He shall also cause mailed notice to be given to
the owner of each parcel described in the assessment roll not less than two weeks prior to the
hearings.
The owner of any property so assessed may, at any time prior to certification of the assessment to the
county, pay the whole of the assessment on such property, with interest accrued to the date of
payment, to the City of Fridley, except that no interest shall be charged if the entire assessment is
paid within 30 days from the adoption of the assessment. He may at any time thereafter, pay to the
City of Fridley the entire amount of the assessment remaining unpaid, with interest accrued to
December 31 of the year in which such payment is made. Such payment must be made before
November 15 or interest will be charged through December 31 of the succeeding year.
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
�
�
C1TY flF
FRIaLE'f
DATE:
TO:
FROM:
SUBJECT:
AGENDA ITEM
CITY COUNCIL MEETING OF SEPTEMBER 15, 2008
September 11, 2008
William W. Burns, City Manager
Scott J. Hickok, Community Development Director
MEDTRONIC NIGHT-TIME HOURS PARHING DECK
STAIRWAY REPAIRS
Representatives from McGough Company, Inc (Contractors for Medtronic) have
contacted Ron Julkowski to alert him/the City that they are anticipating the necessity for
some after-hours work at Medtronic World Headquarters. The work will involve
replacing stairways in the parking structure along Medtronic Parkway. They will also be
enclosing the open corners of that parking structure with windows to keep the weather
out for those employees using the stairs. These components of the ramp are at the outside
corners of the parking deck.
Complication comes with the hours of construction. For many reasons this project must
proceed when employees are not present at Medtronic. The foremost reason is employee
safety. Folks need emergency escape routes. While the construction people are working,
they would need to limit exit routes. Therefore, they have requested that they be allowed
to work through the night when limited exiting will not be an issue, since the maj ority of
the employees are not present.
They had hoped to begin this project as soon as possible, but did not want to begin
without Council consideration and approval. They believe they may need to work
through as many as 8 nights to complete the proj ect. Jackhammers, saws and other power
tools may be necessary, but used conscientiously.
As you know, Code Section 206.10.5 the Building Code segment of the City's Code of
Ordinances, defines work hours for construction and specifically, use of power
equipment. Those hours are 7 AM to 9 PM, Monday through Friday and 9:00 AM to
9PM on weekends. Code Section 206.10.6 allows for alternate hours upon notification of
the Public Works Director. While this provision typically might focus on necessary
roadwork and other construction that needs to continue beyond stated hours, staff has
conferred with Director Jim Kosluchar on this construction matter as well.
Medtronic
September 11, 2008
Pa�e 2
Mr. Kosluchar indicates that the closest structure is 220 feet and a typical Jack Hammer
has a decibel reading of 120 Db. Mr. Kosluchar recommends two mitigation techniques.
One; to build the "window' enclosures first to help dampen the sound and second employ
some type of sound curtain inside of the deck to bring the noise down as close to 50 Db
as reasonably possible.
If permitted by Council, staff will notify the nearby property owners on the south side of
57th Avenue, Carrie Lane, Quincy Street, and Jackson Street of the overnight work.
RECOMMENDATION
Staff recommends that Council approve a motion to approve the Medtronic construction
request subj ect to the two noise mitigation measures suggested by the Public works
Director.
. � .
� • ' : ' _11:
r .
`�V� �
TO: William W. Burns, City Manage���s
FROM:
��__
James P. Kosluchar, Public Works Directo
September 15, 2008
r ,111 " -----
l�
`
PW08-033
SUBJECT: Setting a Public Hearing Date to Review Comments on the City's Draft Wellhead
Protection Plan
The City of Fridley Draft Phase 2 Wellhead Protection Plan was sent out on September 4, 2008 to
various local government and state agencies are required. This begins a 60-day comment and
review period for the draft plan. At the conclusion of this period, the City is required to schedule a
public hearing in compliance with Minnesota Statutes 4720.5350. Public comments received will
be received and reviewed at the meeting.
Recommend the City Council set this public hearing for November 10, 2008.
. �
attachment
15
City of Fridley
Pubiic Hearing Notice Before the City Councii
WELLHEAD PROTECTION PLAN
Notice is hereby given that there will be a public hearing by the Fridley City Council an Monday, November
10, 2008 at 7:30 p.m. at the Fridley Municipal Center, 6431 tJniversity Avenue NE in Fridley, Minnesota,
for the purpose of taking public comment on the following
Wellhead Protection Plan (Part 2)
The Plan is posted ta the City web site (www.ci.fridley.mn.us) and is available for review and comment by
residents. A hard copy of the Plan is also available in the Engineering Department at the Fridley Municipal
Center.
Any persons desiring to be heard shall be given an oppartunity at the above stated time and place. If you
have questions regarding the plan or desire to submit camments in advance af the meeting please contact
James Kosluchar at (763) 572-.i5S0 or koslucharj@ci.fridley.mn.us .
Hearing impaired persans plaru�ing to attend who need an interpreter or other persons with disabilities who
require auxiliary aids should contact Roberta Collins at (763) 572-3500 no later than Wednesday, November
5, 2QQ8. The TDD number is (763) 572-3534.
Deb Skogen, City Clerk
DATED: September 1 S, 2008
PLTBLISHED: Fridley Focus News on Octoher 23 and 30, 2008
�
� AGENDA ITEM
� COUNCIL MEETING OF SEPTEMBER 15, 2008
�ffY �F
FRIDLEY
CLAIMS
138133 -138397
� AGENDA ITEM
� CITY COUNCIL MEETING OF SEPTEMBER 15, 2008
�'°F LICENSES
FRIDLEIF
'Type of License Applicant Approved By:
Massa e Thera Evel n A Ashford Police De artment
Service provided at All the City Clerk
Difference
Tem ora Food Sales Joni Olchefske Fire De artment
Maaco Collision Re air Public Safet
Community Development
Music Festival, 3.2 Beer & Food Ter Rath Police De artment
Fridle `49ers - Lions Fire Ins ector
Communit Develo ment
Mana erial Li uor Dis ensin Jonna Rachel Ri s Police De artment
Jerem W. Bisek
Ba ans Pub
� AGENDA ITEM
� CITY COUNCIL MEETING OF SEPTEMBER 15, 2008
��F LICENSES
FRIDLEY
Contractor T e A licant A roved B
Demars Si ns Si n Erector Dennis Demars Ron Julkowski, CBO
Deziel Ht & Air Conditionin Heatin Mike Deziel Ron Julkowski, CBO
Drobnick's Container Wreckin Tom Drobnick Ron Julkowski, CBO
Homes b Kordiak Commercial or S ecialt John Ramsa Ron Julkowski, CBO
Joel Smith Heating & A/C Inc Heating Joel Smith Ron Julkowski, CBO
Joel Smith Heatin & A/C Inc Gas Joel Smith Ron Julkowski, CBO
Kato Roofin Inc Roofin Ron Hill Ron Julkowski, CBO
Pronto Heatin & Air Heatin Wade Sed wick Ron Julkowski, CBO
Riccar Heatin Heatin Jeff Arent Ron Julkowski, CBO
Steiner Construction Services LLC Commercial or S ecialt Phili Buam Ron Julkowski, CBO
Steven Hauck Gas Steve Hauck Ron Julkowski, CBO
�
�
�lTY �F
FRIDLEY
To:
From
Date:
Re:
AGENDA ITEM
CITY COUNCIL MEETING OF SEPTEMBER 15, 2008
RENTAL LICENSES
William W. Burns, City Manager
John Crelly, Assistant Chief
September 10, 2008
Annual renewal of rental licenses
Attached is a list of 127 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 127 properties, 7 properties were up for renewal
during the 2" quarter of 2008, 116 properties are up for renewal during 3rd quarter of 2008 and 4
properties are up for renewal 4th quarter of 2008. These 4 properties have paid early.
Staff recommends that City Council approve the rental license renewal for these properties.
Rental Housing
License Renewal List (3rd Quarter Properties)
ProplD: Property Address
1102
1105
1106
1518
1115
1116
1454
1799
1090
1120
1122
1640
1136
1149
1151
1152
1153
1137
1141
1142
1143
1144
1498
1642
1181
1591
1198
1583
1466
1550
1493
1500
1222
1226
1244
1246
1249
1502
1257
1469
5846 2 1/2 St. N E
5916 2 1/2 St. N E
5924 2 1/2 St. N E
4832 2nd St. NE
5830 2nd St. NE
5848 2nd St. NE
5866 2nd St. NE
5957 2nd St. NE
6008 2nd St. NE
6511 2nd St. NE
6530 2nd St. NE
4687 3rd St. NE
5057 3rd St. NE
5069-71 3rd St. NE
5131-35 3rd St. NE
5141-43 3rd St. NE
5191-93 3rd St. NE
5200 3rd St. NE
5260 3rd St. NE
5261 3rd St. NE
5290 3rd St. NE
5291 3rd St. NE
6073 3rd St. NE
6750 4th St. N E
213-219 53rd Ave. N E
631 53rd Ave. NE
5450 5th St. N E
6124-52 5th St. N E
553 66th Ave. N E
811 66th Ave. N E
41 66th Way N E
1020 68th Ave. N E
1590-96 68th Ave. N E
1612-18 68th Ave. N E
1650-58 69th Ave. N E
5335-37 6th St. N E
5381-83 6th St. N E
105 71 1/2 Way N E
1560-64 73 %2 Ave. N E
1309-11 73rd Ave. NE
Units
6
7
7
1
4
8
4
1
4
4
4
1
2
2
2
1
2
11
11
11
11
11
3
1
4
1
6
8
1
1
1
1
4
4
5
2
2
1
2
2
Owner
T & N Properties
ACCAP
Yee Tee Wang
KPR Properties, LLC
Violet S. Woods
Landmark Properties V,
Landmark Properties V,
Warren Wlliams, Jr.
ACCAP
Chester Gromek
Phuntsok D. Tsawog
Lorraine Lemke
Edward Otremba
Dean Hoskins
Preferred Builders, Inc
Nizar Benhaj
Minneapolis Apt Rentals
Helena Bigos
Helena Bigos
Helena Bigos
Helena Bigos
Helena Bigos
Jerome Dold
Janna Hora
Helena Bigos
Judy Edwardh Black
Tkaczik Family Ltd
CommonBond
John Fang-Yen
Meadowland Properties
Roslyn Jenkins
Angela Stare
Rice Creek Townhouses
Rice Creek Townhouses
Rice Creek Townhouses
Robert Huber
Thomas Gliadon
Jeff Lester
Ross & Sonja Olson
Steve & Maryann Peffer
9/8/2008
Inspection
Dist Yr Qtr
9
9
9
18
9
9
9
9
9
55
55
18
18
18
18
18
18
18
18
18
18
18
9
66
18
15
15
10
66
66
55
66
7
7
7
15
15
5
4
4
2
2
2
1
2
2
2
2
2
2
2
1
1
3
1
1
1
1
1
1
1
1
2
2
1
1
1
3
2
2
2
2
4
4
4
1
1
2
2
2
3
3
3
3
3
3
3
2
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
page 1 of 4
License Renewal List (3rd Quarter Properties)
ProplD: Property Address
1262 1313-23 73rd Ave. N E
1260 1441 73rd Ave. N E
1484 1461 73rd Ave. N E
1261 1619 73rd Ave. N E
1265 361 74th Ave. N E
1277 321 79th Way N E
1278 5430 7th St. N E
1279 5460 7th St. N E
1286 131 83rd Ave. NE
1288 151 83rd Ave. NE
1289 161 83rd Ave. NE
1290 165 83rd Ave. NE
1291 171 83rd Ave. NE
1292 181 83rd Ave. NE
1293 191 83rd Ave. NE
1510 5479 Altura Rd NE
1061 5960-80 Anna Ave. NE
1320 6634 Central Ave. NE
1321 6640 Central Ave. NE
1588 6676 Central Ave. NE
1327 7335-37 Central Ave.
1332 1200 Cheri Ln. NE
1333 1230 Cheri Ln. NE
1334 1260 Cheri Ln. NE
1335 1290 Cheri Ln. NE
1647 167 Christenson Ct NE
1779 625 Dover St. N E
1739 5533 E Bavarian Pass
1815 5481 E Brenner Pass
1707 6819 East River Rd.
1347 7320-22 Evert Ct. N E
1348 7325-27 Evert Ct. N E
1349 7330-32 Evert Ct. N E
1350 7335-37 Evert Ct. N E
1461 5355-57 Fillmore St. NE
1643 1217 Hathaway Ln NE
1499 7091-93 Hickory Dr. NE
1360 6807 Hickory St. NE
1092 5133 Hughes St. NE
1586 355 Hugo St. NE
Units Owner
2 David Morisette
18 Bradley G. Dunham
21 Equity Real Estate
24 AZAMKO PROPERTIES
8 Chowdhury Properties,
8 Bradley Dunham
34 MC 7th Street Properties,
34 KES LLC
36 Belgarde Enterprises.
42 Belgarde Enterprises.
42 Belgarde Enterprises.
3 Belgarde Enterprises.
36 Belgarde Enterprises.
42 Belgarde Enterprises
42 Belgarde Enterprises
1 ACCAP
34 Riverwood Rentals, LLC
10 Donald Findell
1 Donald Findell
1 Donald Findell
1 Joseph C. Mooney Jr.
18 Cedar Management, Inc
18 Cedar Management Inc
18 Cedar Management, Inc.
18 Cedar Management Inc.
1 Lori L. Cass
1 Ralph Dougherty
1 Thomas Stuart
1 Kelly McLoughin
1 Paul M. Johnson
2 Gregg & Lois Johnson
2 Longview Properties
2 Wayne Nelson
2 Bassil Dyab
1 Mary A Shields
1 Norma Hotvedt-lacono
2 Northome Partnership
1 Danny & Peri Johnsen
1 ACCAP
1 Jeff & Allison Brausen
�:�t:��►z�i��.
Inspection
Dist Yr Qtr
4
4
4
4
3
1
15
15
1
1
1
1
1
1
1
18
8
7
7
7
4
16
16
16
16
9
1
14
14
5
4
4
4
4
16
14
5
5
18
1
2
2
2
2
2
4
1
1
4
4
4
4
4
4
4
1
3
4
4
4
2
1
1
1
1
2
4
3
3
2
2
2
2
2
1
3
2
2
1
4
3
3
3
3
2
3
3
3
3
3
3
3
3
3
3
3
4
3
3
3
3
3
3
3
3
3
4
2
3
4
3
3
3
3
3
3
3
3
3
3
page 2 of 4
License Renewal List (3rd Quarter Properties)
ProplD: Property Address Units Owner
1589
1369
1777
1095
1511
1389
1379
1380
1391
1069
1079
1394
1587
1057
1072
1532
1399
1073
1543
1611
1411
1412
1413
1414
1415
1416
1417
1418
1795
1420
1421
1423
1088
1478
1481
1487
1432
1433
1438
1439
1575
389 Hugo St. NE 1
421-423 I ronton St. N E 2
554 Lafayette St. N E 1
190 Longfellow St. N E 1
4551 Main St. NE 2
4591-93 Main St. NE 2
5475 Main St. NE 12
5495 Main St. NE 12
6661-81 Main St. NE 2
1413 Meadowmoor Dr. 1
1418 Meadowmoor Dr. 1
160 Mississippi PI. NE 4
936 Mississippi St. NE 1
945 Mississippi St. NE 1
1601 N Innsbruck Dr. (130) 1
1601 N Innsbruck Dr. (173) 1
1601 N Innsbruck Dr. (231) 1
1601 N Innsbruck Dr. (234) 1
1601 N Innsbruck Dr. (272) 1
1163 Norton Ave. NE 1
1230-32 Norton Ave. NE 2
1237-39 Norton Ave. NE 2
1240-42 Norton Ave. NE 2
1250-52 Norton Ave. NE 2
1260-62 Norton Ave. NE 2
1261-63 Norton Ave. NE 2
1270-72 Norton Ave. NE 2
1280-82 Norton Ave. NE 2
1284 Norton Ave. NE 2
1285-87 Norton Ave. NE 2
1295-97 Norton Ave. NE 2
1326-28 Osborne Rd. NE 2
1376 Osborne Rd. NE 1
1412 Osborne Rd. NE 1
124 Panorama Ave. NE 1
6355 Pierce St. NE 2
6373-77 Pierce St. NE 2
6401 Pierce St. NE 1
1441-43 Rice Creek Rd 1
6471-77 Riverview Terr. 3
6480 Riverview Terr. NE 1
Linda Dean
Randy Crowell
JYM Properties, LLC
ACCAP
Daniel Yesnes
T & K Properties
Clover Management
Clover Management
Mostafa Abdel-Kerim
Benjamin Conners
Berisso Bekuto
Chris Zelevarov
Mark Hostetler
D & J Properties, LLC
Dennis Anderson
Dennis Anderson
Dennis Anderson
Dennis Anderson
Dennis Anderson
Tariq Ahmed
Terrance Dreyer
Randy Crowell
Donovan & Sharry Elias
Donovan & Sharry Elias
Dennis Anderson
Khalid S. Mansour
Kathryn M. Erjavec
Nordon Properties
1284 Norton Apts, LLC
Gamal Phuly Amany Rifai
Nordon Properties
Brett Jensen Properties,
ACCAP Starting Over
Omar A. Khan
Heinz K. Ashmun
Jon Wlliams
Jon R. Burkhow
Thomas R. Peterson
Carey & Judy Thake
Chris Zelevarov
Edward P. Fragale
9/8/2008
Inspection
Dist Yr Qtr
1
1
1
1
18
18
18
18
55
4
4
8
10
66
14
14
14
14
14
7
7
7
7
7
7
7
7
7
7
7
7
4
4
4
18
11
11
11
11
8
8
4
4
4
4
1
1
1
1
2
2
2
3
3
2
3
3
3
3
3
3
4
4
4
4
4
4
4
4
4
4
4
2
2
2
1
4
4
4
4
3
1
3
3
4
3
3
3
3
3
3
3
3
2
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
2
3
3
3
3
3
3
3
3
3
3
2
3
page 3 of 4
License Renewal List (3rd Quarter Properties)
ProplD: Property Address Units
1378 1532 S. Timber Ridge 1
1094 6130 Starlite Blvd. NE 1
1574 6433-35 Starlite Circle NE 2
1712 7450 Tempo Terrace 1
1813 1511 Trapp Ct. NE 1
1530 5466 W Bavarian Pass 1
Owner
Donald & Barbara Bjork
ACCAP
Jamey Viger
Constance Slama
Michael E. Leckrone
Ron Cadieux
Total # of Licenses for approval is 127
(Break down is: 7- 2�d Qtr of 2008, 116 - 3�d Qtr of 2008, and 4- 4th Qtr of 2008)
page 4 of 4
Inspection
Dist Yr Qtr
7 4 3
9 2 3
9 2 2
3 2 3
14 3 3
14 3 3
9/8/2008
� AGENDA ITEM
� CITY COUNCIL MEETING OF SEPTEMBER 15, 2008
� �F ESTI MATES
FRIDLEY
Midwest Asphalt
5929 Baker Road
Suite 420
Minnetonka, MN 55345
2008-1 Street Improvement Proj ect
EstimateNo. 4 ..............................................................................
Hardrives, Inc.
14475 Quiram Drive
Rogers, MN 55374-9461
2008 Street Improvement Proj ect No. 2007-3
EstimateNo. 1 .............................................................................
North Valley, Inc.
2015 Iguana StreetN.W.
Nowthen, MN 55330
2008-2 Gardena Avenue Mill and Overlay Project
EstimateNo. 3 .............................................................................
li •i •ii �
$ 49,791.54
$ 253,473.18
� AGENDA ITEM
� COUNCIL MEETING OF
� �F September 15, 2008
FRIDLEY
TO: WILLIAMS W. BURNS, CITY MANAGER
FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR
DEBRA A. SKOGEN, CITY CLERK
DONOVAN ABBOTT, PUBLIC SAFETY DIRECTOR
SUBJECT: Continuation of a Public Hearing on Revocation of Intoxicating Liquor License Issued
to William J. Bisek of JWBB Inc dba Baggan's Pub Located at 3720 East River Road
DATE: September 10, 2008
Since the date of the original Public Hearing which was held on August llt'', 2008 we have received the
following information that staff had requested from Mr. Bisek:
• Food/Liquor Ratio data as complied by Magill Accounting, Inc.
• Financial Statements as compiled by Magill Accounting, Inc.
• State sales tax information
• Applications for managerial licenses for Jonna Riggs and Jeremy Bisek
Upon reviewing the information that Mr. Bisek submitted related to his food to liquor ratio he his number
submitted by his CPA indicated that his food percentage is at 45.9% and liquor at 54.1%. Mr. Bisek is in
compliance with section 603 since he is in excess of the minimum 40% food requirement.
Mr. Bisek's financial statements for the business indicate that he did accept an escrow payment for the
sale of the business, since he did have a liability booked in the amount of $70,000. It also appeared to us
that his cash position as of June 30, 2008 was not sufficient to repay the escrow or make the payment on
the property taxes due Anoka County. As of the writing of this memo the property taxes had not yet been
paid for second half of 2007 and the first half of 2008.
Mr. Bisek also volunteered the information regarding a paycheck he received from Baggan's Pub, that if
we inquired as to the ownership of the account, it would be discovered that it was owned by Zanzabar.
The Police Department has reviewed and approved the background reviews that are part of the
application process for the managerial licenses that were submitted to the City of Fridley that were on this
evenings list of licenses for approval.
On Tuesday September 9t'', 2008 Mr. Bisek contacted staff asking that the Public Hearing be continued.
Staff had instructed him that he was to provide a memo to the City Manager indicating his request and
what he has done since the last meeting to insure that the business is in compliance with the City
Ordinance. He was also asked to provide his rationale as to why he feels he needs some additional time.
We received his request on September 10, 2008. See the attachment.
Staff recommends re - opening the public hearing to allow additional testimony and to continue the public
hearing.
Baggan's Pub
3720 East River Road
Fridley, MN SS421
September 10, 2008
Mr. Bill Burn
6431 University Ave NE
Fridiey, MN 55432
Dear Mr. Bill Burn
We are requesting that you please extend the public hearing that is scheduied for Monday
September 1 Sih. We are currently pursuing different options and hope you can grant us a
little more time to allow us to adequately explore these options.
We have cturently fuliilled the city of Fridley's requests for financial statements that
were delivered to the Finance Director. The Managernent Applications were als�
delivered to Deb Skogen. We are currently warking on acquiring the finances to bring
our property taxes current. However, we will need a little more time to campiete this
task.
We have implemented certain procedures to comply with all the requests of the Chief af
Police. We have had no such incidents since the initial pubiic hearing.
We sincerely appreciate yoixr consideration with this request. We just need a little more
tirrie to explore options, and fulfill all of the city's requirements. We really believe it
would be in the best interest of everyone involved to allow Baggan's to remain o�en until
all optians have been exhausted.
Sincerely,
—z-��.`�- �'���5`-�"`
William Bisek.
Owner, Baggan's Pub
�
�
�ffY �F
FRIDLEY
Date:
To:
From:
Subj ect:
AGENDA ITEM
CITY COUNCIL MEETING OF SEPT. 15, 2008
September 11, 2008
William Burns, City Manager
Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Continued Public Hearing Regarding Special Use Permit SP #06-11 for Central Auto Parts
to Operate a Salvage Yard, Generally Located at 1201 — 73 '/2 Avenue NE
Background
On June 9, 2008, the City Council continued a public hearing regarding the special use permit (SUP# 06-11)
for Central Auto Parts, which originally began on June 25, 2007 and was continued to November 5, 2007 and
then to June 9, 2008. The purpose of the public hearing was to consider revocation of SP #06-01 since the
stipulations tied to the business's special use permit had not been met. As of the June 9t'' meeting, the
business was not meeting four of the seven stipulations. Staff still needed to approve a site plan, a landscape
plan, an irrigation plan, and a screening/fence plan. In addition, Rice Creek Watershed District was not
accepting the construction of their storm water ponds.
The business owner, Jerry Haluptzok, had sought the assistance of his brother, Dick Haluptzok, who was
experienced in site redevelopment, to resolve the problems related to the pond design and other unmet
stipulations. Dick Haluptzok assured the City Council that he would be able to bring the property into
compliance by September 1, 2008. The City Council then continued the public hearing and table
consideration of a revocation resolution to the first meeting in September.
Since the June 9 meeting, Mr. Haluptzok has had the main storm water pond redesigned and reconstructed.
The irrigation was repaired, and five new trees were installed, following installation of the new wooden
fence on the south side of the property. The ponds inside the fence still need to be seeded, but landscape
expert recommendations are to delay seeding until the last week of September when temperatures are cooler
and the risk of the seed getting washed away by rain are reduced.
Recommendation
Since Central Auto parts has now met all of the stipulations of their special use permit, SP#06-11, staff no
longer recommends approval of the resolution for revocation of the permit, so the City Council does not need
to take any action on this matter.
�
�
�ffY �F
FRIDLEY
Date:
To:
From:
Subj ect
AGENDA ITEM
CITY COUNCIL MEETING OF SEPT. 15, 2008
September 11, 2008
William Burns, City Manager
Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Resolution Revoking Special Use Permit #06-11 for Central Auto Parts, generally located at
1201-73 '/2 Avenue NE
Background
On June 25, 2007, the Fridley City Council began a public hearing regarding revocation of Central Auto Parts'
special use permit SP #06-11. This SUP allows operation of an auto recycling business in an M-1 zoning district.
After several other extensions, the property was to be in compliance by June 1, 2008 with all seven stipulations of
the SUP. While the property was not in compliance with all of the benchmarks prescribed in the Special Use
Permit, the business owner had made significant progress towards compliance, so the City Council agreed to
continue the public hearing and tabled consideration of the attached resolution until their first meeting in
September 2008.
The business owner, Jerry Haluptzok, has now met all of the stipulations of the special use permit for the site.
Recommendation
Staff no longer recommends Council approval of the attached resolution written earlier for the purpose of
revoking Central Auto Part's special use permit to operate and auto salvage business on the site.
RESOLUTION NO. -2008
A RESOLUTION REVOKING SPECIAL USE PERMIT #06-11 FOR CENTRAL AUTO
PARTS TO OPERATE A JUNKYARD IN AN M-1 ZONING DISTRICT, GENERALLY
LOCATED AT 1201 73'/2 AVENUE NE
WHEREAS, Chapter 462 of Minnesota Statutes authorizes the City of Fridley to create
zoning ordinances that regulate the use of land in order to protect the public's health,
safety, morals, and general welfare; and
WHEREAS, City Zoning Code Section 205.05.5.G requires the City Council to revoke a
special use permit, following a public hearing, when there is failure to comply with any
and all conditions and stipulation of the issued permit; and
WHEREAS, the Fridley City Council held a public hearing regarding the special use
permit SP #06-11, allowing a junkyard in an M-1 zoning district at Central Auto Parts,
generally located at 1201 73'/ Avenue NE on June 25, 2007; and
WHEREAS, an October 9, 2006 approval of SP #06-11 included several stipulations,
which were required to be met in order to continue to operate the Central Auto Parts
business located at 1201 73'/ Avenue; and
WHEREAS, City staff conducted an inspection of the site on June 1, 2008 to determine
compliance with the stipulations of SP #06-11; and
WHEREAS, City staff found that several stipulations have not been met; and
WHEREAS, The City of Fridley has offered a three — year timeframe for completing all
work on this site, and the three — year program is predicated on reaching certain
benchmarks by certain dates; and
WHEREAS, the benchmarks were prescribed to stretch out the tasks and required
accomplishments of the owner and allow a reasonable time for his completion; and
WHEREAS, by all measures staff believes the remaining portions of the three-year plan
are critical to protecting the storm water system and erosion onto surrounding
properties; and
WHEREAS, Inactivity on the City's part, in light of this violation could arguably
constitute a waiver of the SUP stipulations;
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Fridley, after
listening to all the facts presented at the public hearing, makes the following FINDINGS
OF FACT:
That the City of Fridley and its staff have acted within the Fridley Zoning Code;
and
2. That the City of Fridley staff accurately represented the condition of the property
when they inspected it, finding several items of noncompliance of the stipulations
of the special use perm it; and
3. That the City of Fridley staff communicated the points of noncompliance verbally
to the business owner in writing prior to the public hearing; and
4. The business owner and property owner were notified by mail of the June 25,
2007 public hearing; and
5. That a public hearing was held on June 25, 2007, allowing the City Council to
take testimony on this property; and
6. That as of June 9, 2008, the property continues to be in violation of the special
use permit action taken by the City Council on October 9, 2006.
BE IT FURTHER RESOLVED THAT the City Council, having heard and reviewed the
evidence before it, expressly finds that the foregoing recitation is true and correct and
incorporates it as part of its Findings of Fact.
BE IT FURTHER RESOLVED THAT, based on these findings, the City Council of the
City of Fridley hereby revokes the special use permit SP #06-11 to operate a junkyard in
an M-1 district at Central Auto Parts, generally located at 1201 73'/ Avenue NE.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF , 2008.
Scott J. Lund, Mayor
ATTEST:
Debra A. Skogen, City Clerk
8. The supporting structure of the sign is replaced or remodeled.
�
�
CR7 �F
FILIDLEY
DATE:
TO:
FROM:
SUBJECT:
AGENDA ITEM
CITY COUNCIL MEETING OF SEPTEMBER 15, 2008
September 11, 2008
William W. Burns, City Manager
Scott J. Hickok, Community Development Director
Eatension Request — for ZOA # OS-03
INTRODUCTION
JLT Group, Inc. has requested a six month extension to prepare materials for the second reading of the
ordinance regarding rezoning request ZOA #OS-03.
ELEMENTS OF REQUEST
Those Council members that were here in 2005 will recall tl�at the JLT site is at the northeast corner of
Highway 694 and East River Road. On September 12, 2005, Council approved first reading of a rezoning
to allow JLT Group, Inc., the ability to market their property as a C-3, Shopping Center District site. The
first reading was accompanied by a sripularion tl�at the JLT Group return within 2 years of the date of their
approval with a site plan and all the other elements tl�at typically accompany a rezoning request in the City
of Fridley.
In July 2007, representarives from a large retail organization attended the City's Development Review
Committee meeting. Their plan included a 153, 000 square foot big box retail facility, gas pumps and a car
wash. Staff expressed concern over the draft proposal. The building was 50,000 square feet less than the
developer had indicated that they were trying to land for the site. Also, the petition to the Metropolitan
Council for a TaY Base Revitalization Grant indicated that a 6— story 90,000 s.f. office tower would be
possible for the site.
Staff's concerns were only partly due to the lack of density of the project. The use proposed also lacked
architectural interest, landscaping, appeared to have an overabundance of parking, and no ponding. On the
bright side, the plan did place the buildings so that an eventual connection could be made between 57�'
Avenue and East River Road.
After hearing of staff's concerns, the JLT Group asked for addirional time to respond to those concerns.
They asked for six months to do so. The City has no template in responding to this type of request since the
2"a reading typically happens shortly after the first reading and a site plan and all the other elements
typically accompany a request on its first reading.
As a result staff recommended the extension, but requested that the ea� tension not exceed 6 months. If
additional ea�tension were to be required; a new request to Council should be submitted. Council granted an
eatension to March 12, 2008, to allow JLT Group, Inc. the opportunity to prepare the materials necessary
for the second reading of ZOA-OS-03.
JLT Rezoning
September 11, 2008
PAGE 2
In February 2008, JLT representatives indicated that they were working with the new owners of the once
Longview Fiber, now US Corrugated Industry, to resolve a complicated access issue. A plat will be
required between the two properry owners since the land areas involved are not common fractions of land,
they are instead odd shaped parcels that are being excl�anged or considered to improve the access for each
property. As staff understands the issue, this plat has delayed the signing on of future prospects for the JLT
site. Apparently, once the plat has been completed a JLT site plan will follow shortly after.
RECOMN�NDATION
Staff recommends that Council grant an ea�tension to March 12, 2009, to allow JLT Group, Inc. the
opporiunity to prepare the materials necessary for the second reading of ZOA-OS-03.
M,���`
4i.::N. �_
��
�aX^%�' � : � '. . . ' ..
. � :
:":;.{ '� ;.�.:;: . .. .:,.., , ti .; � , . ' .
.. . . ..... .. � .
. .. .,..�..:�� :�...�.........._...:
��.,..
������'�� �� ������������
September 5, 2008
Scott Hickok
Community Development Director
City of Fridley
6431 University Avenue NE
Fridiey, MN 55432-4384
Re: 5601 East River Road; Rezoning, 20A #05-03
Dear Mr. Hickok:
This letter is written in follow up to the requirements established by the City Council with
regard to rezoning the referenced property, as referenced in Stacy Stromberg's August 26, 2008
letter. On March 10, 2008, the City Council authorized JLT Group Inc. to complete certain steps
prior to September 12, 2008, in order to facilitate second reading of the rezoning. This letter is
written to request an additional six-month extension of the September 12, 2008 deadline to March
12, 2009.
JLT continues to actively marketing the project site. The response continues to be favorable;
however, the current economic conditions have affected our ability to finalize a development. We ,
are in continuing negotiations with a large retail purchaser and that purchaser has had discussions .
with the City's Design Review Committee ("DRC") regarding improvements to the redevelopment
proposal. In the last month, we have successfully agreed with the adjoining property owner to the
north regarding certain access rights necessary to facilitate our property's redevelopment. These
access issues have occurred, in part, due to the City's proposed plans for expansion of 57th Street.
These negotiations are productive and we remain confident they will result in arrangements that will
allow the redevelopment to occur. However, until exact access descriptions have been completed
and the corresponding transactions arranged, it has not been possible for us or our purchaser to
r
complete the final plans necessary to meet the requirements for second reading of the rezoning .
ordinance. Therefore, we feel it is in the best interests of the City, our purchaser and us ta request
an additional extension. As was granted previously, we request a six-month extension because that --
time period is similar to what we understand is the City's existing policy for extension of plats. We
remain hopeful that we will have a final site plan for the City Council's review much sooner.
Thank you for your continued assistance with this matter. Please contact me if I can provide
any further information.
Best Regards,
� ,
� �
j�
Joe Meyer
cc: Dr. William VV. Burns, City Manager
36
Stromberg, Stacy
Fr�:n: Tom Byd�J�ek [tabydalek�industrialequities.��m]-
Sent: Wednesday, September 10, 2008 7:26 AM
To: Stromberg, Stacy
Cc: 'Jeff Saizbrun'
Subject: RE: INDUSTRIAL EQUITIES 5100-5110 Main St. NE Variance Councii Meeting September
15
Sta.cy:
I spoke briefly with Jeff regaxding our conversation yesterday, and we have a little more research to do prior to the meeting on
Monday night. We will present our findings to the Mayor and Council in addition to your presenta.tion.
I appreciate your inquiry and look forward to the meeting. Thank you for all your help.
Sincerely,
Tom Bydalek
INDUSTRIAL EQUITIES L.L.P.
321 First Avenu North
Minneapolis, M 55401
Tel: (612) 332-0139 � �
Fax: (612) 332-0241
ta_�b�k .uno ,industrialeAUikes.com .
3�7
� AGENDA ITEM
� CITY COUNCIL MEETING OF SEPTEMBER 15, 2008
�ffY �F
FRIDLEY
INFORMAL STATUS REPORTS