CCA 11/05/2012�
�
CffY OF
FRIDLEI'
CITY COUNCIL MEETING OF NOVEMBER 5, 2012
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. (TTD/572-3534)
PLEDGE OF ALLEGIANCE.
PRESENTATION: Metropolitan Transit Update
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of October 22, 2012
NEW BUSINESS:
1. Receive the Minutes from the Planning Commission
Meeting of October 17, 2012 ........................................................................ 1- 12
2. Resolution Approving a Subdivision, Lot Split,
LS #12-02, to Create Two Buildable Lots,
Generally Located at 5825 and 5833 — 2'/z Street
-
ar 3 ....................................................................................................... 3 9
3. Claims ....................................................................................................... 20 - 33
4. Licenses ....................................................................................................... 34 - 38
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 5, 2012 PAGE 2
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OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes.
PUBLIC HEARING:
5. Consideration of a Rezoning Request, ZOA #12-02,
by the Housing and Redevelopment Authority in and
for the City of Fridley to Rezone the Following Properties:
6071 University Avenue, City Right-of-Way, 6061 University
Avenue, 6041 University Avenue, 6005 University Avenue,
5943 University Avenue, 5925 University Avenue, 5905
University Avenue, 5895 University Avenue, 5865 University
Avenue and 5831 University Avenue from C-2, General
Business to S-2, Redevelopment District, to Accommodate
Future Redevelopment on the Properties that are Owned by
the Housing and Redevelopment Authority (HRA) (Ward 1) ........................ 39 - 42
1► I����� -��I�'� 1► I x+'�+'3�
6. First Reading of an Ordinance Recodifying the Fridley
City Code by Amending Chapter 3.04, Personnel ........................................ 43 - 46
7. Resolution Approving Special Use Permit, SP #12-06,
for Trav's Outfitter, Inc., Located at 7315 Highway 65
N.E. (Ward 2) ............................................................................................... 47 - 56
8. Resolution Approving Special Use Permit, SP #12-07,
for Advantage Scaffold and Ladders, Located at
5261Ashton Avenue N.E. (Ward 3) .............................................................. 57 - 65
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 5, 2012 PAGE 3
NEW BUSINESS (CONTINUED):
9. Resolution to Vacate a Portion of an Existing 10-Foot
Drainage and Utility Easement and Dedicate a New
Drainage and Utility Easement, Generally Located
at 7751 East River Road, Petitioned by the Property
Owner, Davene Smith (Vacation Request,
SAV #12-02, by Davene Smith) (Ward 3) ...................................................... 66 - 75
10. Resolution Receiving Report and Calling for a
Hearing on Improvement for Street Rehabilitation
Project No. ST. 2013-01 ............................................................................... 76 - 79
11. Approve Revision to 2012 Street Rehabilitation
Project No. ST2012-01 Assessment Roll
(Revised Assessment for 355 — 66th Avenue N.E.) ...................................... 80 - 81
12. Informal Status Report ................................................................................. 82
ADJOURN.
CITY COUNCIL MEETING
CITY OF FRIDLEY
OCTOBER 22, 2012
The City Council meeting for the City of Ftidley was called to ordet by Mayor Lund at 6:00 p.m.
ROLL CALL:
MEMBERS PRESENT: Mayot Lund
Councilmember-at-Large Barnette
Councilmembet Saefke
Councilmember Varichak
Councilmembet Bolkcom
OTHERS PRESENT: William Burns, City Manager
Scott Hickok, Community Development Director
Darin Nelson, Finance Ditectot/Tteasurer
James Kosluchar, Public Works Director
Darcy Erickson, City Attot-ney
Pam Reynolds, 1241 Norton
Adr-ian Fredr-ickson, 1041 Hackmann Citcle NE
Fetema Rabah, 5811 Hackmann Avenue
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of October S, 2012.
APPROVED.
NEW BUSINESS:
1. Resolution Adopting Assessment for 2012 Utility Lateral Repair Project.
William Burns, City Manager, stated six properties have asked that the City assess them for
water service repairs that occurred in 2012. The property owners will be assessed over five years
at an interest rate of 6.5 percent. Staff recommends Council's approval.
APPROVED AND ADOPTED RESOLUTION NO. 2012-76.
2. Approve 2013 Development Review Schedule for the Planning Commission and the
Appeals Commission.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 22, 2012 PAGE 2
William Burns, City Manager, stated the calendar has been established annually to ensure the
City remains compliant with the State's 60-day action requitements. Staff recommends
Council's approval.
APPROVED.
3. Appointment — Environmental Planner.
William Burns, City Manager, stated when the previous environmental planner left the position
in January of this year, staff filled the position with a pat-t-time planning intet-n. Expetience with
this part-time approach indicates it cannot continue without compromising the City's code
enfotcement ptogtam. Staff also expects the person currently in this position will ptepate the
City's surface water management plan, a chapter in our Comprehensive Plan. The additional
cost for this position will be coveted by charging 50 petcent of the Engineeting Technician's
time to the annual street reconstruction project.
Dr. Burns stated staff is recommends the appointment of the current part-time planning intern,
Kay M. Qualley, to the full-time Environmental Plannet position. Kay has been with the City
since April and has performed exceptionally well in her role as Planning Intern.
Dr. Burns stated Kay holds memberships in the American Planning Association and the
National Recreation and Pat-ks Association. Staff is t-ecommending Council's approval.
APPROVED.
4. Claims (156957 —157127).
TffiS ITEM WAS REMOVED AND PLACED ON THE REGULAR AGENDA.
5. Licenses.
APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE.
6. Estimates
Allied Blacktop Company
10503 — 89th Avenue North
Maple Grove, MN 55369
2012 Cooperative Street Maintenance
Project No. ST2012-10
Estimate No. 3 ................................................$ 15,049.19
APPROVED.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 22, 2012 PAGE 3
APPROVAL OF PROPOSED CONSENT AGENDA:
Pam Reynolds, 1241 Norton, asked that Item No. 4 be removed and placed on the regular
agenda.
MOTION by Councilmember Barnette to apptove the consent agenda with the removal of Item
No. 4. Seconded by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
ADOPTION OF THE AGENDA:
MOTION by Councilmembet Bolkcom to apptove the agenda with the addition of Item No. 4.
Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OPEN FORUM:
Adrian Fredrickson, 1041 Hackmann Citcle NE, stated he is a lOth gtader at Ft7dley High
School. Every year the 10`h graders have to do a personal project which is a project that the
student can choose as long as it telates to one of the MYP areas of intetactions. He asked if
somehow he could vacate the two hockey rinks up at Commons Park on Sunday, December 30,
so he could host a pond hockey tournament. He would take the entty fee money and donate it to
the Defend the Blueline Foundation which helps kids with parents in the military pay for their
hockey every year. The reason he would like to do this is there are two rinks so he could play
multiple games at the same time, and the warming house would provide the participants an
opportunity to warm up between the games.
Mayor Lund asked Mr. Fredrickson whether he has had any discussion with the Parks and
Recreation Department.
Mr. Fredrickson replied he has not.
Mayor Lund told Mr. Fredrickson to talk to Mr. Jack Kirk, the Director of the Parks and
Recreation Department.
NEW BUSINESS:
7. Resolution Authorizing Changes in Appropriations for the 2012 Budget for January
through October 2012.
Darin Nelson, Finance Director, said this item has to do with grants and donations the City has
received throughout the year in regard to items the City needs to correspond expenditures. He
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 22, 2012 PAGE 4
provided a list of just the revenues or the grants or donations that came in. Most of them are
public safety-related. Thete are a couple tecteation-related items as well. Both the tevenues and
corresponding expenditures amount to $51,658. These are all general fund reappropriations.
Staff tecommends Council approve this tesolution authorizing changes in approptiations fot the
2012 budget. These are reappropriations for January through October.
Councilmember Bolkcom asked regarding the amount for Springbrook, was that to the
Foundation or was it the Natute Centet itself?
Mayor Lund replied, it is the Foundation giving money to the City for those expenses telating to
the berm that were not donated. It was money raised by the Foundation, and this is
t eimbursement to the City fot the work that was done there.
MOTION by Councilmembet Barnette Adopting Resolution No. 2012-77. Seconded by
Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
8. Resolution Certifying Certain Delinquent Utility Services to the County for
Collection with the 2012 Property Taxes.
Darin Nelson, Finance Director, said pursuant to the City Charter and the City Code, staff is
recommending certi�cation of 520 accounts totaling $315,012. Levels at-e not necessat-ily
dropping but the dollar amount is a little. Staff certifies these amounts by property at this point
and allows payments until about mid-Novembet-. He believed November 12 is the last day the
City will take payments before it has to run a new certification list to give to the County. Those
properties that do not pay prior to the cutoff are certified to Anoka County for collection on their
2013 taxes. Each owner has been notified that the delinquent account is being certified to the
County and has been provided an opportunity to pay their bill. Staff recommends Council's
approval.
Councilmember Bolkcom asked whether staff has heard from anyone who has received a letter.
Mr. Nelson replied they have had a number of payments come in. This list was just run last
Wednesday. They have sent out many more letters than just what is listed here.
Councilmember Bolkcom asked if there are PINs where the accounts have been paid off, how is
that handled as far as the resolution and submitting to the County.
Mr. Nelson replied, staff will run another list. They take payments now until the first half of
November. Once those payments come in the list is run again, and that is the list that is sent to
the County. Any payments received between now and then will be taken off of this list and the
final list will then go to the County.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 22, 2012 PAGE 5
Dr. Burns asked Mr. Nelson if they have received any complaints or disagreements with the
assessment from any of the people who ate on the list.
Mr. Nelson teplied he does not know whethet they have had complaints about the amounts
being too high. When the Ciry sends out the letter, it gets people's attention and they call in.
They are not happy to pay a delinquent utility bill.
Councilmember Bolkcom stated they are passing the resolution with a list, but it is undetstood
the list is not the final list.
Mr. Nelson replied this is the process that the City has done year after year. They have to certify
a list at this point.
Mayor Lund stated it does say in the resolution all these noted in Exhibit A attached hereto and
made a part hereof by reference, he asked the City Attorney about a date certain?
Darcy Erickson, City Attorney, replied, yes, that remain unpaid as of November 12.
Mr. Nelson stated they could go with Friday, November 9, so they can then collect them all on
Monday.
Attorney Erickson suggested they inset-t that language into the resolution to clarify and know
that the Finance Department can remove those that pay and, thus, would not be certified. She
t-ecommended language be inset-ted: ". .. that remain unpaid ot- pat-tially unpaid" to account for
the fact that someone might come in for a partial payment to avoid some accrual of interest or
penalty. Therefot-e, the language would t-ead: "All those noted in Exhibit A that t-emain unpaid
or partially unpaid as of November 9."
MOTION by Councilmember Bolkcom to adopt Resolution 2012-78. Seconded by
Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
MOTION by Councilmember Bolkcom amending the Resolution to include the following
language: "All those noted in Exhibit A that remain unpaid or partially unpaid as of November
9, 2012." Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
9. Approve Change Order No. 1 for the Municipal Center Roof Replacement Project
No. 418.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 22, 2012 PAGE 6
James Kosluchar, Public Works Director, submitted a revised memorandum which corrects a
few enots. Regarding the second page, the original conttact was actually $212,310 and with this
change order it will changed to $224,145.81.
MOTION by Councilmember Bolkcom to receive Mr. Kosluchar's memo dated October 17,
2012. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Mr. Kosluchar stated as he mentioned the original contract was $212,310. The requested
change otdet is fot $11,835.81 or 5.6 percent of the conttact amount. This is fot additional work
performed by the contractor that was not identified in the bid document. There are five items.
The fitst item is tequited because the City directed the contractot to provide additional
insulation. They needed to replace some of the metal flashing on the roof edge, and this work
cost $5,578. The second item was also required by the insulation addition. Thete was a
penthouse, and the new roof came within 8 inches of the penthouse elevation which would void
the wat-ranty of the toof in that area; thetefote, the penthouse had to be raised slightly. That
work cost $4,826. The third item was because of the discovery of a concrete slab which looks
like it was a penthouse for futute HVAC equipment. That was nevet used. They had to covet
that area and then do some repair in the adjacent concrete area, and the cost of that added work
was $1,651. The fout-th item was t-epair to a damaged chimney flue. They had two of them
specified in the contract and discovered that one was in more poor shape which added $210. The
last item was a reduction because of the conttactot causing some electtical damage during theit
fastening installation, and the City had to make repair on that with its electrician. That deduction
was $429.19.
Mr. Kosluchar stated the entire change order is $11,835.81. Staff recommends Council's
approval. This is the final change order for this project. The project is substantially complete,
and the punch list items are being addressed. The project did get completed on time, and it still
remains within budget.
MOTION by Councilmember Varichak to approve Change Order No. 1 for the Municipal
Center Roof Replacement Project No. 418. Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
4. Claims (156957 —157127)
Pam Reynolds, 1241 Norton Avenue N.E., asked about some of the claims as follows: (1) Page
1, Check No. 156961, Apache Print, Springbrook letterhead, $512.68. She asked why
Springbrook needed its own letterhead when it is a City park.
Mayor Lund said they can look into that.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 22, 2012 PAGE 7
Ms. Reynolds stated she had seen this before. In the claims from the October 4 meeting, the
Check No. 156860 was also fot Sptingbrook lettethead, for $568.32.
Mayor Lund stated he is assuming that was for the Pumpkin Night in the Park flyers.
Ms. Reynolds stated thete is a chatge, Albrecht Sign and Graphics, engraved frame depat-tment
photo (Check No. 156965, Police Department). Also, on page 3, No. 156981, Frames by Mail,
Depat-tment photo frame, $109.25. They have the same depat-tmental code.
Councilmember Bolkcom stated she thinks they each get theit own copy.
Ms. Reynolds stated on page 2, Community Health Chatities, Check No. 156972, fot $11. She
asked if it costs more to process that than what they are giving? It is the only one she ever sees.
Ms. Reynolds asked regarding Check No. 156973, Clean Prep/Repair Tennis Courts, $21,375.
What tennis courts are those? She thought a few yeats back it was decided a few of them would
be eliminated.
Ms. Reynolds asked regarding page 2, Check No. 156977, Dakota County Receiving Center,
detox tt-ansportation, does the City get t-eimbursed by the offender ot- anybody for that? Did
Dakota County come and get them or did someone from the City take them there?
Ms. Reynolds asked regarding page 5, there were several for Pumpkin Night in the Park. Then
she totaled what was in this group and it came to just about $2,500. Then back a couple there
were others for renting costumes, props, etc. She is wondering when Springbrook holds an event
like this is there a spt-eadsheet that is put togethet- aftet- the fact to see whether it pays for itself?
Dr. Eurns replied they always do make money on that.
Ms. Reynolds asked if the Foundation contributed any.
Ms. Reynolds asked, regarding page 7, Check No. 157030, Trugreen Lawn Services. The City
has its own Public Works. What do they pay Trugreen to do'?
Councilmember Saefke replied, those who apply that kind of treatments for the lawns have to
be certified to do so. It is a continuing thing through the State because they are dealing with
toxic chemicals to some extent. He suspects this is probably for the fall fertilization of the parks
and water department properties.
Mayor Lund stated be assured that if it was more cost-effective for the Public Works
Department to do this, they would do it.
Ms. Reynolds asked regarding page 9, Check No. 157057, City of Blaine. She assumes that the
City's recreation department collected monies for softball games in Blaine?
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 22, 2012 PAGE 8
Ms. Reynolds asked regarding page 10, Emergency Apparatus Maintenance, No. 3. What is that
fot?
Councilmember Saefke teplied, fot the Fire Department.
Ms. Reynolds stated she asks because she sees it so much and asked why the fire trucks were
breaking down so much.
Ms. Reynolds asked, regarding page 1 l, Tobacco Compliance Fine. How do we give ourselves
a check? A check gets written out of the Liquor fund to the Genetal fund?
Mr. Nelson replied, the City cuts that check out of the Liquot stote fund and pays it over to the
General fund as a fine.
Ms. Reynolds asked regarding page 12, the ninth entry, Dr. Willy Moss sewing machine service.
She asked what sewing machines the City was fixing.
Mayor Lund teplied they ate at the community center. There are sevetal gtoups thete who have
sewing machines.
Ms. Reynolds stated if that was paid out of the senior budget.
Mayor Lund replied, yes. Actually they raise their own money.
Mayor Lund stated they will get Ms. Reynolds the responses to the ones that were not answered
tonight.
MOTION by Councilmember Bolkcom to approve Claim Nos. 156957 — 157127. Seconded by
Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
10. Informal Status Reports.
There were no informal status reports.
MOTION by Councilmember Barnette to recess the meeting until 7:30 p.m. Seconded by
Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 22, 2012 PAGE 9
PUBLIC HEARING (7:30 P.M.):
11. Consider the Proposed Assessment f'or the 2012 Nuisance Abatement.
MOTION by Councilmember Bolkcom to open the public hearing. Seconded by
Councilmembet Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE HEARING WAS OPENED AT 7:30
P.M.
Mr. Nelson stated this is the annual assessment fot those ptopet-ties in which continuing Code
violations existed where the City extended resources to bring the properties into compliance.
Thete ate 38 ptopet-ties involved in this assessment, and the total amount of the assessment is
$33,206.50. The assessment will be for one year at a 6.5 percent interest rate. Staff has not
teceived any formal conespondence contesting the proposed assessments tonight. As always
with the City's other special assessments, a deferral option is available. There are a number of
qualifying factors including age of 65, being retited, vit-tue of permanent ot total disability.
People can contact Mr. Nelson's office, and he would be happy to help them with that deferral
application. Thete ate income guidelines that need to be met in ordet to qualify for the defet-�al
option.
Fetema Rabah, 5811 Hackmann Avenue, stated she is the owner of this address. It is a rental
ptopet-ty. She would like to dispute the assessment. The tenant is hete with het. The tenant does
not speak English, but Ms. Rabah can interpret for her. Both the tenant and her husband are
disabled. They have depression. Thete was a miscommunication. When the City sent the lettet.
Ms. Rabah told the tenants they sent the letter and instructed the tenant to do this and this and
this. The tenant just only gathered the garbage, put it in bags, and put it in the trailer because
they want to go throw it somewhere and they said not until November 1. The tenant thought she
did whatever they told her. She feels this is unfair and she does not have that much money to
pay the amount the City is asking for.
Mayor Lund asked if Mr. Rabah was the property owner?
Ms. Rabah replied, yes.
Mayor Lund stated she is responsible. Not her tenant. It is up to her to get her tenant to clean
up the mess.
Ms. Rabah stated she told her.
Mayor Lund asked and the tenant thought she cleaned up the mess.
Ms. Rabah replied, yes. She went there and the first time she looked at it. She told her tenant
what she should do. The tenant did it the way she thought she was supposed to.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 22, 2012 PAGE 10
Mayor Lund asked Ms. Rabah if she saw the letter from the City.
Ms. Rabah replied, yes, I saw the letter.
Mayor Lund stated that letter also gave her a date certain that it had to be done.
Ms. Rabah replied, yes.
Mayor Lund stated, then if it is not done to satisfaction, the staff does come out to reinspect.
And it states in the lettet that they will teinspect. Now if they teinspected and it was not taken
care of then, it is typical the staff sends out a second letter.
Ms. Rabah replied, no.
Mr. Hickok, Community Development Director, stated this is a property that has had quite a
history, going back to 2003. Most recently, it was regarding lawn gtass and weeds in the side
yard and boulevard area and improper outdoor storage. The abatement had to do with outside
storage and brush that was being left outside. They do follow the statutoty abatement
requirements. The City does send a notice and give a period of time, 20 days, in accordance with
the law for the pt-opet-ty ownet-s to eithet- call and schedule a date that is agt-eeable if 20 days is
not enough, to have it cleaned up or to request a hearing. Not hearing anything, the City did go
ahead with the abatement on this property.
Councilmember Bolkcom asked if the pt-operty owner made any contact with the Community
Development Department.
Mr. Hickok replied no. He provided photographs of the site including behind the building
where there was rolled up chain link fence, some lumber or fence posts, and a wheelbarrow.
There is a trailer which in and of itself would be okay in the rear yard, but it is full of debris and
which then counts as outside storage. What the Code says is you can have neatly stacked
firewood, a boat or a trailer in the side or rear yard. The purpose of the City's letter was to
describe that there were conditions on the site that were contrary to law and to ask for the
compliance of the individuals on the property. Not tinding that, the City did move ahead with
the abatement.
Mayor Lund stated there was the one letter sent, the City saw the work had not been done, and
so they went right to abatement. And that is the minimum that the law requires.
Mr. Hickok replied, yes, that is correct.
Ms. Rabah spoke on behalf of the tenant who stated the material was on the side of the house.
As to the trailer, they came to the City who stated they had the right to keep the trailer in the
yard.
Mayor Lund stated the trailer is acceptable; however, you cannot store junk/debris in the trailer.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 22, 2012 PAGE 11
Ms. Rabah stated the tenant said the trailer was covered with a tent material. It was not garbage,
it was leaves.
Mayor Lund stated the leaves do have to eventually go away.
Ms. Rabah stated the tenant said they were closed. This was Novembet 1 they will open.
Mayor Lund asked Mt. Hickok what was the timeline.
Mr. Hickok stated the brush pile was first noticed on May 24, 2011. Thete was follow-up for
long grass on July 25, 2012. Improper outdoor storage was August 3, 2012. Brush and side yard
continued to be an issue on August 3, 2012. On August 24, 2012, thete was notice of a garage
door issue also being left open and some other garage door issues. It was relative to improper
storage, brush in the yard, long gtass, and weeds. The tange was July 25, 2012, thtough August
3, 2012.
Mayor Lund asked and there were bags full of leaves?
Mr. Hickok replied, correct.
Mayor Lund asked, and when were those leaves picked up?
Mr. Hickok replied, August 29, 2012, they abated garbage bags on trailer.
Mayor Lund stated leaves do not even come down in August. He asked the tenant when did she
pick up all these leaves and stot-e them on the trailet-?
Ms. Rabah replied the tenant stated from last year because it was closed and she kept them in
the garage and then she moved them. But the trailer was covered. And there was no garbage.
No smell.
Mayor Lund stated it was still outdoor storage. The compost place is open all summer long and
well into the fall.
Ms. Rabah stated the tenant states her husband was not there and she does not drive and she
does not find anybody to help her. Because she does not know the law and the leaves cannot be
in the trailer. She picked up the wood and put big pieces in the garage.
Mayor Lund stated it seems to him she was doing some things but she left things way much
longer than should be. Certainly she has the reasoning she does not drive. When you get a letter
you have so much time to act on it and it tells them what they need to do. If you cannot get rid
of things or have a question, contact the City staff. Have communication. Another alternative is
they could contact the garbage companies who for a fee will provide a container for yard waste.
They have had Code compliance issues dating as far back as 2003. There are also two different
dates in 2011 and three different dates in 2012. There is a history of repetitive things.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 22, 2012 PAGE 12
Mayor Lund stated to Ms. Rabah ultimately she as the property owner is responsible as it is
going to go on het property taxes. He is not going to forgive this as he thinks Ms. Rabah was
given proper notice. Also, it was the taxpayers who paid for that clean-up and they need to be
t eimbursed.
Ms. Rabah stated they pay to clean but pay them ttiple? Just to cut the gtass costs $169? That
is not fair.
Mayor Lund stated, the Ciry staff does not do it. They hire it out. The taxpayers have paid for
it to a private conttactot and thete is a 25 percent markup for administtative costs.
Ms. Rabah stated the tenant states this is very high, just to clean up two times like the gtass, was
$600 to $700.
Mayor Lund stated he would do it himself because he would not want to pay those higher fees;
howevet, when you hire an outside conttactot they have costs to come out to the site and there is
a 25 percent charge for administrative costs for the City.
Ms. Rabah asked on behalf of the tenant, why not give them a discount and they would make a
payment.
Mayor Lund stated they have 30 days from now. He asked when would it go on theit- taxes?
Mr. Nelson replied on November 21. They have until then to pay without interest.
Mayor Lund stated they have until Novembet- 21 to pay it in full. if not, it will go on the
property taxes. It will be assessed an interest fee of 6.5 percent, and on the property taxes you
have one year to pay it.
Ms. Rabah asked, one year to pay plus interest?
Mayor Lund stated now it will be on the property tax statement. They would be paying the
County as they pay the County for their property taxes. This will be in addition to their normal
property taxes.
Ms. Rabah stated the tenant was told by the lady to come to the meeting and they would help
her out.
Mayor Lund asked how would she like him to help her out?
Ms. Rabah stated the tenant asked to make the payment less as she does not have good income.
The first time the City sent the bill for $166 she was willing to pay the first one.
Mayor Lund stated it is too late. They are at this point now. This is the normal procedure. He
is not going to vary from that. The City abates it to the property taxes. Now they can save the
money each month and, when the six months comes due for the property taxes, pay that portion.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 22, 2012 PAGE 13
They will have two payments for the property taxes.
Ms. Rabah asked why did they come to this meeting tonight?
Mayor Lund replied to state her case. The facts are she received notice. She failed to act within
that time petiod.
Ms. Rabah stated, yes, but they should give them a chance. She explained the situation. The
tenant does not speak English very well. There was miscommunication.
Mayor Lund stated they have heard the testimony. He thinks the facts are still clear that
tegardless of the tenant's limited speech and undetstanding, they need to respond to the people
who sent the letter.
Ms. Rabah stated she always called the lady and she talked to her. She always called and asked
about what they ate doing.
Mayor Lund stated the pictute does not show the leaves were coveted, at least not sufficiently.
Ms. Rabah stated the tenant states the cover is still on the tt-ailer and the bags. Ms. Rabah asked
if she could get just some help with this.
Mayor Lund replied he cannot do that.
Ms. Rabah asked who can?
Mayor Lund stated they are having the hearing. They could come back in a more formal setting
for a hearing, but it is right now unless he hears some different evidence. However, to ask the
taxpayers to foot a portion of the bill is not fair.
MOTION by Councilmember Bolkcom to close the public hearing. Seconded by
Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE HEARING WAS CLOSED AT 7:58
P.M.
NEW BUSINESS (CONTINUED):
12. Resolution Adopting Assessment for 2012 Nuisance Abatement.
MOTION by Councilmember Bolkcom Adopting Resolution No. 2012-79. Seconded by
Councilmember Saefke.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 22, 2012 PAGE 14
William Burns, City Manager, said it seems the missing thing here is the property owner did not
come back to City staff. She went to the tenant and assumed things would be done without
following through or without contacting City staff.
Mr. Hickok replied, Dr. Burns is absolutely right. The record shows this is not the first tenant
where this has been an issue whete the ownet depends on the tenant to take care of the issue and
seems the follow-up is not there.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
ADJOURN.
MOTION by Councilmember Bat-nette, seconded by Councilmember Vatichak, to adjourn.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MEETING ADJOURNED AT 8:02 P.M.
Respectfully submitted by,
Denise M. Johnson Scott J. Lund
Recotding Sectetaty Mayot
CITY OF FRIDLEY
PLANNING COMMISSION MEETING
WEDNESDAY, OCTOBER 17, 2012
Chairperson Kondrick called the Planning Commission to order at 7:00 p.m.
MEMBERS PRESENT: Jack Velin, Brad Sielaff, Brad Dunham, David Kondrick, Leroy Oquist,
Tim Solberg, Dean Saba
OTHERS PRESENT: Stacy Stromberg, Planner
Scott Hickok, Community Development Director
Davene Stnith, The Crayon Box
Travas Uthe, Trav's Outfitter Inc.
Scott Ingalls, Advantage Scaffold and Ladders
Mary and Charlie Martin, 133 Stony Brook Way
APPROVAL OF MINUTES: September 19, 2012
MOTION by Cotnmissioner Sielaff to approve the minutes as presented. Seconded by Commissioner
Oquist.
UPON VOICE VOTE, ALL VOTiNG AYE, CHAiRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY
APPROVE 2013 PLANNING COMMISSION MEETING DATES:
MOTION by Commissioner Oquist to approve the 2013 Planning Commission Meeting Dates.
Seconded by Commissioner Solberg.
UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY
1. PUBLIC HEARING:
Consideration of a Vacation, SAV #12-02, by Davene Smith, to vacate and relocate a 10 ft.
drainage and utility easement, generally located at 7751 East River Road.
MOTION by Commissioner Oquist to open the public hearing. Seconded by Commissioner Sielaff.
UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 7:02 P.M.
Stacy Stromberg, Planner, said that the petitioner, Davene Smith, is seeking to vacate a portion of the 10
ft. drainage and utility easement that is currently located under the existing Crayon Box building, which is
located at 7751 East River Road.
Ms. Stromberg stated that after fiu-ther discussions with the City Engineer, he would prefet- that only a
portion of the easement be vacated. That portion would include the 10 ft. wide easement in its current
location, except for a portion 10 ft. wide by 75 ft. long starting at the north property line and running
north and south in the easements ot-iginal alignment and 10 ft. wide by 10 ft. long staring at the south
property line and proceeding north in the original alignment of the easement. Also, the City Engineer has
Planning Commission Meeting, October 17, 2012 �:��°' ,� ,��, �������°. � 2
asked if the owner would consent to the granting of an easement that is approximately 250 ft. wide and 75
ft. deep along the entire north pt-operty line from the west edge to the east edge of Lot 2, Block 1,
Pearson's 2°`� Addition. The petitioner has agreed with the additional easement as requested by the City
Engineer. The reason for the dedication of the additional easetnent is to allow access to the creek in the
event that the City needs it.
Ms. Stromberg stated that when the property was proposed to be developed in 1979, an application was
submitted to the Ciry to have the 10 ft. drainage and utiliry easement vacated so there was adequate room
for the consttuction of a building. A public hearing and fiist reading was held on the vacation; howevet-,
the Council decided to not hold the second reading until a total development plan for the property had
been received. That plan was never subtnitted so as a result, the second reading of the ordinance didn't
occut- and the easement vacation wasn't filed.
Ms. Stromberg stated that in 2003, when the City received a building permit application for the existing
building, staff researched and found that the recot-ds indicated there had been a vacation of the easement
processed in 1979, and as a result issued the building permit. It wasn't until recently when the property
owner was going through a re-finance process; that the discovery was made that the easement was still in
place and the City didn't finalize the process that had originally been started. As a result, the petitioner
has submitted the proposed vacation request.
Ms. Stromberg said that City staff recommends approval of the easement vacation request, with the
following stipulation:
1. The petitioner agrees to dedicate an area approximately 75 ft. from the narthern property line as a
drainage easement.
Commissioner Saba asked if the petitioner was aware of the easement and agreed to it.
Ms. Stromberg replied yes.
Davene Smith, The Crayon Box, asked if the easement will affect the current parking lot.
Ms. Stromberg added that the easement is appt-ox. 20' from the parking lot so it will not affect the
parking lot.
Mary Martin, 133 Stony Brook Way, wanted to make sure no more drainage would go into her back
yat-d. She wanted to make sute what happens tonight doesn't change what is going into the creek now.
Ms. Stromberg answered that nothing will be changing at all; this is just dedicating the easement and
vacating an existing easement.
Charlie Martin, 133 Stony Brook Way, was concerned about the environmental impact for this change
and asked if any environmental impact would happen as a result of the change.
Ms. Stromberg replied that there is no environmental statement required and no change is happening.
This is just to dedicate a new easement so the ciry can get back into the creek if needed and vacating the
easement that is cut7-ently under the building. Nothing on the site will change.
Mr. Martin asked if the present rules will still apply.
Ms. Stromberg answered yes.
Planning Commission Meeting, October 17, 2012 �:��°' ,� ,��, �������°. � 3
MOTION by Cotnmissioner Oquist to close the public hearing. Seconded by Commissioner Sielaff.
UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTiON CARRIED UNANiMOUSLY AND THE PUBLiC HEARiNG CLOSED AT 7:12 P.M.
MOTION by Commissioner Sielaff to approve the Consideration of a Vacation, SAV #12-02, by Davene
Smith, to vacate and relocate a 10 ft. drainage and utility easement, generally located at 7751 East River
Road. Seconded by Commissioner Velin.
UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTiON CARRIED UNANiMOUSLY
2. PUBLIC HEARING:
Consideration of a Special Use Permit, SP #12-06, by Trav's Outfitters Inc., to incorporate an
electronic message center sign within the existing free-standing sign, generally located at 7315
High�vay 65.
MOTION by Commissioner Oquist to open the public hearing. Seconded by Commissioner Saba.
UPON VOICE VOTE, ALL VOTiNG AYE, CHAiRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 7:13 P.M.
Stacy Stromberg, Planner, stated that the petitioner, Travas Uthe, of Trads Outfitter Tnc., at 7315 Hwy
65, is requesting a special use permit to allow the existing electronic reader board that is part of the
existing free-standing sign to be turned on and operated.
Ms. Stromberg stated that the existing free-standing sign is 72 sq. ft. The existing electronic reader
board portion of the sign is approximately 24 sq. ft. When the sign was originally installed in 2011, the
petitioner decided to wait on getting the special use permit for the electronic message sign. As a result,
the petitioner has submitted the proposed request.
Ms. Stromberg stated that the subject property was rezoned in 2010 from M-1, Light Industrial to C-2,
General Business and is located in the northeast corner of Hwy 65 and 73'd Avenue. Also in 2010, a
portion of 73 Yz Avenue located directly north of the subject property was vacated. This vacated right-of-
way then became part of the subject property.
Ms. Stromberg stated that the electronic changeable signs are an approved special use provided the
message doesn't change more often than once eveiy 45 seconds. The sign also needs to be in
conformance with the sign requirements for the zoning district, in which the property is located. The
subject property is zoned, C-2 General Business, which requires that free standing signage cannot exceed
80 square feet in size. The existing sign meets that size requirement. The total sign area is 72 sq. ft., with
the new electronic piece of the sign being approximately 24 sq. ft.
Ms. Stromberg stated that City Staff recommends approval of the special use permit as electronic
changeable signs are an approved special use in the commercial zoning district, provided the sign
complies with Code requirements, subject to stipulations:
1. Since the petitionet- already received sign pei�rnit approval to install this sign in 2011, if the City
Council approves the special use permit, the petitioner shall be allowed to turn on the electronic
message center portion of the sign.
Planning Commission Meeting, October 17, 2012 �:��°' ,� ,��, �������°. � 4
2. Message on L.E.D. sign shall not change more often than authorized under Section 214.07 of the
Fridley City Code.
3. Message on L.E.D. sign shall never flash or have motion that may distract vehicular trafiic in the
area.
Travas Uthe, Trav's Outfitters, said that from a business standpoint he would like the sign to change
more often but was prepared to abide by the rules.
Mr. Hickok said that the Planning Commission may recall the vacation of the roadway and an issue of
two trucks parked at the north doors of the building. Now there is a third truck on the site on the closed
roadway. The City is critical of outdoor storage and a truck can act as its own sign and can be a violation
of the sign code. This SUP is distinct and diffet-ent but staff wanted to make it cleat- for the record that the
third truck is not permitted on this site.
Chairperson Kondrick asked what needed to be done to remove the thit-d tiuck.
Mr. Uthe replied that he had a conversation with Mr. Hickok about the third truck. He also spoke with
Mayor Lund about this issue 4-6 weeks ago and the Mayor was going to talk to Mr. Hickok about it. He
has not heard back fi-om Mayot- Lund. They will abide by the iules. They have made a significant
reinvestment to this building and would like to keep this business in the City of Fridley. There is only so
tnuch a business man can do before it may not be viable to operate in Fridley. He doesn't want to fail.
He also believes there is a point where, as business people, we can be pushed and regulated to come to a
common ground and wark together.
Chairperson Kondrick asked why a third truck was needed.
Mr. Uthe answered that it was a mobile shoe store. The third truck contains inventory for steel safety
boots. They have a uuck out at least every day and when one of the trucks is gone staff is instructed to
back the truck into the other bay so the ttuck is not on the vacated stt-eet.
Chairperson Kondrick asked if the building is too small for Trads Outfitters; is the building not
appropriate fot- the business. He asked what could be done to mitigate this situation.
Mr. Uthe answered that there is not a problem with the facility and they are satisfied with what they have
created; the sticking point seems to be the third truck.
Mr. Hickok said that he did have a conversation with Mayor Lund. He added that the Manager of Trav's
Outfitters called staff in August saying that they would need some time to deal with the third truck Staff
gave them a few weeks, until the beginning of September, and since then the truck has been back. There
is a section of the City Code that talks about commercial entities and this properiy was rezoned G2 for
this business. The store is designed so when two trucks are backed up they can open the doors and
customers can access this mobile shoe store. Normally in a commercial entity the business would not be
able to have two trucks. This business has built a landscape cove to hide the trucks and this was
discussed prior to the business plan being approved. Until the third truck arrived, the business has
complied with the outdoor storage. It is not on the agenda to solve this problem tonight, he just want to
make sut-e that the new stipulations that at-e on the agenda tonight are agt-eed upon and adhet-ed to.
Currently two trucks are allowed and the third truck is in violation. Parking on the road is not a solution
as businesses in a G2 district must accommodate parking needs on site and not on to the street. Tonight
the Commission is just to act is on the sign but staff wanted to make the record clear that the third truck
was supposed to be removed by September 1�` and every day past that they are in violation of the city
code.
Planning Commission Meeting, October 17, 2012 �:��°' ,� ,��, �������°. � 5
Commissioner Oquist asked if in the C-2 distt-ict businesses wet-e only allowed a maximum of two
trucks.
Mr. Hickok t-eplied that normally businesses are not allowed to keep a fleet there at all but when this
business plan was approved an exception was made.
Commissioner Oquist asked if the truck could park on the northeast corner.
Mr. Hickok replied that there was not a way to allow the third truck to park anywhere on the site.
Commissioner Sielaff asked if there was a stipulation to cover that.
Mr. Hickok replied no, there are no more stipulations and compliance is important. Staff wanted to make
clear for the record to identify this as a violation of the sign code and note that the Commission is
granting a new sign request tonight far this business.
MOTION by Cotnmissioner Sielaff to close the public hearing. Seconded by Commissioner Oquist.
UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTiON CARRIED UNANiMOUSLY AND THE PUBLiC HEARiNG CLOSED AT 7:31 P.M.
MOTION by Commissioner Oquist to approve the Consideration of a Special Use Permit, SP #12-06, by
Trav's Outftters Tnc., to incorporate an electronic message center sign within the existing free-standing
sign, generally located at 7315 Highway 65. Seconded by Comtnissioner Saba.
UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTiON CARRIED UNANiMOUSLY
3. PUBLIC HEARING:
Consideration of a Special Use Permit, SP #12-07, by Advantage Scaffold and Ladders, to allow
limited outside storage, generally located at 5261 Ashton Avenue.
MOTION by Cotnmissioner Saba to open the public hearing. Seconded by Commissioner Velin.
UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTiON CARRIED UNANiMOUSLY AND THE PUBLiC HEARiNG OPENED AT 7:32 P.M.
Stacy Stromberg, Planner, stated that the petitioner, Darrell Sanders, of Advantage Scaffold and
Ladders, is seeking a special use permit to allow limited outdoor storage of galvanized scaffolding within
an 11,784 sq. ft. area along the southeast side of the property at 5261 Ashton Avenue.
Ms. Stromberg stated that the property is zoned M-2, Heavy industrial as are all surrounding properties.
It is located on the corner of 52"`� Way and Ashton Avenue. The property was developed in 1999, with a
44,350 square foot building.
Ms. Stromberg stated that the in 2008, the subject property received a special use permit to have outdoor
stot-age, however that special use pet-mit never ended up being used, so it became void. As part of the
approval of this special use permit, City staff would recommend revoking, SP #OB-02, so the record is
clear on this property.
Planning Commission Meeting, October 17, 2012 �:��°' ,� ,��, �������°. � 6
Ms. Stromberg stated that the City Code allows limited outdoor storage in the industrial dist�-icts that is
up to 50% of the building footprint with a special use permit. The buildings square footage is 44,350
square feet, so City code would allow up to 22,175 sq. ft. of outdoor storage on this site. The petitioner is
proposing to fence in the yard on the south side of fhe property however, only use an 11,784 sq. ft. area
for his outdoar storage needs. As a result, this outdoor storage area will comply with code requirements
for size. The outdoor storage area will be used to store galvanized scaffolding which doesn't rust. The
remaining yard area will be used for maneuvering of trucks that are either delivering products or
costumers who are picking up products.
Ms. Stromberg said that before the special use pertnit can be issued, several additional requirements
need to be met. Those specific requirements relate to height, screening, parking, and the types of
materials allowed to be stored outside.
Ms. Stromberg said that based on the breakdown of uses within the building, 36 parking stalls are
required. The petitioner is proposing to strip 22 parking stalls, which will fall short of ineeting the code
requirements by 14 stalls. This business is new to this location and the petitioner has stated that he does
not anticipate there will be a need for tnore than 12-15 parking stalls a day for etnployees and customers.
They have 9 full time employees who will be at the facility on a daily basis and then additional employees
who drive directly to the job site. Customers will typically call in their orders, and the petitioner will use
the yard area to stage loads for the day, and then the customers will come in with their larger trucks and
will enter the yard to pick up their order and be there long enough to get loaded and then leave. Based on
what the petitioner has shared on the needs of this business, staff is allowing the remaining 14 stalls to be
proofed on the site. Tn the event that parking becomes an issue on this site and staff determines that the
additional 14 stalls are warranted, there is room on the site to construct thetn. The proposed site plan
meets all other outdoor starage code requirements. City staff hasn't heard from any neighboring property
owners.
Ms. Stromberg said that City Staff recommends appt-oval of this special use permit, with stipulations.
Limited outdoor starage is a permitted special use in the M-2, Heavy Industrial zoning district, provided
specific code requirements are met, subject to stipulations. City Staff also recommends revocation of SP
#08-02 for the subject property. Revocation of this special use permit will make the record clear as to
what is allowed for outdoor storage on this site.
Ms. Stromberg said that Staff recommends that if the special use permit is granted, the following
stipulations be attached.
1. Outdoor storage area shall be limited to the I I,784 sq. ft. area submitted on the site plan dated
10/8/12.
2. New parking stalls shown on site plans dated 10/8/12 shall be stt-iped to designate the location of
the proposed 22 stalls.
3. Tf parking of customers, employees, or delivery trucks within the public right-of-way becomes an
issue, additional parking stalls will need to be ct-eated on site.
4. Screening gate to the yard shall be closed except when used for entering and existing to allow
proper screening, if necessary an automatic screening gate shall be installed to allow proper
screening.
5. Per Section 205 of the Ft-idley City Code, this Special Use Pet-mit will become null and void one
year after the City Council approval date if work has not commenced or if the Petitioner has not
petitioned the City Council for an extension.
Commissioner Oquist asked how the outside storage would be confined; how will staff know if the
storage area is expanded.
Planning Commission Meeting, October 17, 2012 �:��°' ,� ,��, �������°. � 7
Ms. Stromberg answered that is something staff will have to monitor so the outdoor storage within the
yard doesn't get out of control. Every business is required to screen outdoor storage from the public right
of way.
Commissioner Oquist asked how staff will ensure it is kept at 11,000 sq. ft.
Ms. Stromberg said that this will be inspected annually so they will need to make sure to keep the
outdoor stot-age within the confines of the area. They need the space to maneuver in the yat-d so that
should prevent the outdoor storage area from getting larger.
Commissioner Sielaff asked about the parking requirements and if that has been done in the past;
allowing the business to have fewer stalls that the code requires.
Ms. Stromberg answered yes; it has been done in the past, especially fot- manufactut-ing businesses.
Machines for manufacturing take up so much space they don't need as many employees. Staff may want
to look at the code requirements for manufacturing parking requirements. If parking on the street does
become an issue they will need to create more parking stalls on site.
Scott ingles, Advantage Scaffold and Ladders, said that he has no problems with the stipulations.
Regarding the parking, in the winter they have only three people working at the facility and in the
summet- there are a few mot-e staff.
Commissioner Oquist asked if the storage would be used for scaffolding.
Mr. Ingles said they have 4-5 different products. The galvanized product they have quite a bit of
inventory that is currently stored in Brooklyn Center and they would move the galvanized product to this
location. The rest will be kept inside. The product stored outside looks like a fence post.
MOTION by Commissioner Saba to close the public hearing. Seconded by Commissioner Oquist.
UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 7:44 P.M.
MOTION by Cotnmissioner Sielaff to approve the Consideration of a Special Use Permit, SP #12-07, by
Advantage Scaffold and Ladders, to allow limited outside storage, generally located at 5261 Ashton
Avenue. Seconded by Commissioner Velin.
UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY
4. PUBLIC HEARING:
Consideration of a Lot Split, LS #12-02, by The Housing and Redevelopment Authority in and
for the City of Fridley, to split one lot to create (2) 60 foot buildable lots for the Housing and
Redevelopment Authority's Housing Replacement program, generally located at 5825 and 5833
2 and one half Street.
MOTION by Commissioner Oquist to open the public hearing. Seconded by Commissioner Solbet-g.
Planning Commission Meeting, October 17, 2012 �:��°' ,� ,��, �������°. � S
UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 7:45 P.M.
Stacy Stromberg, Planner, stated that Paul Bolin, Assistant Executive Director of the City's Housing and
Redevelopment Authority (HRA), is seeking a lot split for the properties at 5825 and 5833 2'/z Street.
Currently 5825 2 �/z Street is (2) 40 ft. lots and 5833 is (1) 40 ft. lot. Splitting one of the 40 ft. lots of
5825 2'/2 Street, will allow for the creation of (2) new 60 ft. lots, which will allow for the construction of
two new single family hotnes.
Ms. Stromberg stated that the original home at 5825 2'/2 Street was constructed prior to 1949, with
additions to the home constructed in 1953, 1968 and 1978. The house was in really bad condition and
went through a fot-eclosure in 2010. The HRA then acquired the property in 2010 and had the house
demolished.
Ms. Stromberg stated that the original home at 5833 2'/z Stt-eet was also constructed prior to 1949. A
garage was constructed in 1957 and an addition to the home was constructed in 1958. The HRA acquired
the property in 1996 and had both the house and the garage demolished.
Ms. Stromberg stated that the properties are zoned S-1 Hyde Park Neighborhood, as are all sun-ounding
properties. Fridley City Code requires lots in this zoning district be a minimum of 60 ft. in width with a
tninimum total lot area of 7,500 sq. fk Both of the proposed lots, "Parcel A" and "Parcel B" will be 60 ft.
in width and 130 ft. deep, which is 7,800 sq. ft. in size. As a result, both lots are meeting code
requirements.
Ms. Stromberg stated that City Staff recomtnends that if the lot split is granted, the following
stipulations be attached.
1. All necessary permits shall be obtained prior to construction.
2. Grading and drainage plan to be approved by City's engineering staff prior to the issuance of any
building peimits, in order to minimize impacts to the sutrounding propet-ties.
3. Property owner at time of building permit application shall provide proof that any existing wells
or individual sewage treatment systems located on the site are properly capped or removed.
4. Pt-operty owner at time of building permit application for the constiuction of each single family
home shall pay all water and sewer connection fees.
Commissioner Saba asked how soon the construction would start.
Mr. Hickok, Community Development Director answered that the lot split is the lengthiest part of this
process. Mr. Bolin has experienced rapid turnover in lot sales. The scattered site program allows
purchase of abandoned properties and homes that are not in vety good shape. Parts of the home may be
salvageable but lately there has not been a lot of good product to gain from the homes. This would create
two new homes within walking distance to train station.
Commissioner Velin asked what type of homes would be built.
Mr. Hickok answered that the HRA owns the lots and the builder is obligated to tneet tninimum building
standards. The homes will be a mix of building materials, tht-ee car garage etc. and will be a nice
investment in the neighborhood. The homes will not be built to the value that exists around them but will
add new value and may inspire others to do some new things to their existing homes.
MOTION by Commissioner Saba to close the public hearing. Seconded by Commissioner Sielaff.
Planning Commission Meeting, October 17, 2012 �:��°' ,� ,��, �������°. � 9
UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 7:54 P.M.
MOTION by Cotnmissioner Saba to approve the Consideration of a Lot Split, LS #12-02, by The
Housing and Redevelopment Authority in and for the City of Fridley, to split one lot to create (2) 60 foot
buildable lots far the Housing and Redevelopment Authority's Housing Replacement program, generally
located at 5825 and 5833 2 and one half Street. Seconded by Commissioner Oquist.
UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY
5. PUBLIC HEARING:
Consideration of Rezoning, ZOA #12-02, by the Housing and Redevelopment Authority in and
for the City of Fridley, to rezone the following properties, 6071 University (Sinclair), City
ROW, 6061 University Avenue (Tae Kwan DO), 6041 University Avenue (Old Van O Lite), 6005
University Avenue (Carquest), 5943 University Avenue (New Van O Lite), 5925 University
Avenue (Alano), 5905 University Avenue (Select Products), 5895 University Avenue (Fridley
Animal Hospital), 5865 University Avenue (China Buffet), and 5831 University avenue (Sikh
Society), f'rom C-2, General Susiness to S-2, Redevelopment District to accommodate f'uture
redevelopment on the properties that are owned by the Housing and Redevelopment Authority
��)•
MOTiON by Commissioner Oquist to open the public hearing. Seconded by Commissioner Velin.
UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUSLIC HEARING OPENED AT 7:56 P.M.
Stacy Stromberg, Planner, stated that Paul Bolin, Assistant Executive Director of the City's Housing and
Redevelopment Autharity (HRA), is requesting to rezone the properties located at 5831, 5865, 5895,
5905, 5925, 5943, 6005, 6041, 6061, and 6071 University Avenue, known as, "Gateway Northeast" from
C-2, General Business to S-2 Redevelopment District to accommodate the future redevelopment of these
properties.
Ms. Stromberg stated that the subject properties are approximately 6 acres in size total and front on the
University Avenue Service Drive fi-om 58`�' Avenue to 61'` Avenue. They wet-e originally developed
mainly in the 1950's and 1960's for commercial uses, restaurant and gas stations. When access was
limited as a result of upgrading University Avenue, several of the businesses began to suffer and as a
result significant vacancies occut-red and the buildings became blighted. The City and the HRA have
wished to redevelop this area for a number of years and consequently, the HRA started to acquire some of
the properties in 2006, after being approached by property owners wanting to sell their obsolete retail
buildings. Acquisitions of the properties concluded in 2011 and demolition of the properties was done in
two phases. The first phase of demolition was started in late 2009 and the second phase took place in
20l l. The HRA currently owns all of the subject properties, except for 5895 University Avenue, which is
currently owned and operated as Family Animal Hospital. To avoid spot zoning, this property has been
included in this rezoning request.
Ms. Stromberg stated that prior to demolition of the buildings, resolutions were adopted determining that
certain parcels are occupied by structurally substandard buildings and wet-e to be included in a tax
increment financing district. To acquire and prepare the site far reuse, the HRA has spent over $4.5
Million. The properties have a value, depending on its reuse, between $1-$2 Million. Tt is this difference
Planning Commission Meeting, October 17, 2012 �:��°' ,� ,��, �������°. � 10
of $2.5-$3.5 Million that will be paid from the tax increment financing district. If it wasn't for the
availability of tax increment to pay for acquisition, demolition, relocation, environmental remediation,
infrastructure, and site preparation this project would not proceed.
Ms. Stromberg stated that in late 2011, the HRA hired Premiet- Commercial Partnet-s to market the
properties. Over the past few months there has been interest from three different parties wanting to
purchase all or at least portions of the property for redevelopment. As a result, City Planning staff and the
petitioner decided it would be beneficial to have the properties rezoned from a commercial zoning to the
redevelopment district to give the potential buyer/development more flexibility when designing a project.
Because the properties are within the Transit Oriented Overlay District (TOD), any potential project will
need to be reviewed and approved by the Planning Commission and the City Council for a TOD Master
Plan as well as a S-2 Master Plan.
Ms. Stromberg stated that the City's zoning ordinance and official zoning map are the mechanisms that
help the City achieve the vision laid out in the Comprehensive Plan. The law gives the City the authority
to "rezone" property from one designated use to another, so long as the zoning is in conformance with the
Comprehensive Plan. The Comprehensive Plan's 2030 future land use map designates this area as
"Redevelopment", which justifies the reason for approving the proposed rezoning.
Ms. Stromberg stated that the City Staff recommends approval of the rezoning request from C-2,
General Business to S-2, Redevelo ment District for the followin ro erties:
Building Name ' Addtess PIN
Sinclair 6071 Universit Avenue 233024210135
Cit ROW No Address 233024210112
Tae Kwan Do 6061 University Avenue 233024210ll 1
No Address 233024210110
Old Van-O-Lite 6041 Universit Avenue 233024210109
Car uest 6005 Universit Avenue 233024210134
New Van-O-Lite 5943 University Avenue 233024210143
No Address 233024210141
Alano 5925 Universiry Avenue 233024210140
Select Products 5905 Universit Avenue 233024210123
5905 Universit Avenue 233024210122
5905 University Avenue 233024240016
Fridley Animal Hospital 5895 Universiry Avenue 233024240130
China Buffet 5865 Universiry Avenue 233024240023
Sikh Societ 5831 Universit Avenue 233024240022
MOTiON by Commissioner to move into record a letter from Archie Lahti, 5964 5�' Street NE objecting
to the rezoning of the properties. Seconded by Commissioner Dunham.
UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTiON CARRIED UNANiMOUSLY
Commissioner Oquist asked what would be constructed on this property; residential or commercial.
Mr. Hickok t-eplied that one of the things the S-2 district allows is flexibility to have not necessarily
residential or commercial; but a mixed use. If this were zoned commercial it would not allow a mixed
use. This is within walking distance to the train station. Commercial zoning would not address the mix
of use that could occur there. The HRA did spend a lot of money to acquire these properties and offered
Planning Commission Meeting, October 17, 2012 �:��°' ,� ,��, �������°. � 11
tneetings for people to attend. Discussions were held in great length about what may develop on this
conidor. The City hoped to solicit infoimation from citizens so when a development happens there could
be harmony between the new development and development that is already there. There are no firm
commitments but at the next HRA meeting there is a purchase agreement for the former Sinclair site.
This site may tie a retail building to a skyway and over pass down to the other side. The Citgo site was
recently rezoned and that site is the right size and zoned for a retail business of some sart. Also as part of
this project they are hoping to get rid of the chain link fence.
Commissioner Sielaff asked who approves what goes there, the HRA'?
Mr. Hickok replied that when a project comes through it will need a master plan approval through a
public hearing. The HRA, the Planning Commission and City Council would decide the land use of the
master plan.
Commissioner Solberg asked if a mixed use could include senior living, apartment or single family
homes.
Mr. Hickok replied that it is possible it could be a mix of retail and residential but is unlikely that single
family homes would be included. A mix of other residential and commercial is likely to happen there.
Commissioner Solberg noted that the concern in the letter was regarding single family homes and it
sounds like that is highly unlikely to happen on this pt-operty.
Mr. Hickok answered that it is likely that some kind of commercial use will be developed along there.
Retail was torn down from this area because the access was taken away from University Avenue. This
has good visibility but accessibility is important too.
Commissioner Oquist asked if this would have an effect on the animal hospital.
Mr. Hickok replied that development could happen around the animal hospital. The city will develop
around the hospital and if negotiations happen, the animal hospital would be included in the development.
MOTION by Commissioner Oquist to close the public hearing. Seconded by Commissioner Sielaff.
UPON VOICE VOTE, ALL VOTiNG AYE, CHAiRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 8:16 P.M.
MOTION by Cotnmissioner Saba to approve the Consideration of Rezoning, ZOA #12-02, by the
Housing and Redevelopment Authority in and for the City of Fridley, to rezone the following properties,
6071 University (Sinclair), City ROW, 6061 University Avenue (Tae Kwan DO), 6041 University Avenue
(Old Van O Lite), 6005 University Avenue (Carquest), 5943 University Avenue (New Van O Lite), 5925
University Avenue (Alano), 5905 University Avenue (Select Products), 5895 University Avenue (Fridley
Animal Hospital), 5865 University Avenue (China Buffet), and 5831 University avenue (Sikh Society),
from C-2, General Business to S-2, Redevelopment District to accommodate future redevelopment on the
properties that are owned by the Housing and Redevelopment Authoriry (HRA). Seconded by
Commissioner Oquist.
UPON VOICE VOTE, ALL VOTiNG AYE, CHAiRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY
Planning Commission Meeting, October 17, 2012 �:��°' ,� ,��, �������°. � 12
6. Receive the Minutes of the September 6, 2012, Housing and Redevelopment Authority
Commission Meeting
MOTION by Cotnmissioner Solberg to receive the minutes of the September 6, 2012 Housing and
Redevelopment Authority Commission Meeting. Seconded by Commissioner Oquist.
UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTiON CARRIED UNANiMOUSLY
7. Receive the Minutes of the September 10, 2012, Parks and Recreation Commission Meeting
MOTION by Commissioner Velin to receive the minutes of the September 10, 2012 Parks and
Recreation Commissioner Meeting. Seconded by Commissioner Solberg.
UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY
OTHER SUSINESS:
Stacy Stromberg, Planner, said that the SUP for the Furniture Mart was approved by the City Council on
October g`l'
ADJOURN:
MOTION by Cotnmissioner Saba to adjourn. Seconded by Commissioner Oquist.
UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTiON CARRiED AND THE MEETiNG ADJOURNED AT 8:20 P.M.
Respectfully Submitted,
Krista Monsrud, Recording Secretary
�
�
CffY OF
FRIDLEI'
Date
To
AGENDA ITEM
CITY COUNCIL MEETING OF NOVEMBER 5, 2012
October 30, 2012
William Burns, City Manager
From: Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Stacy Stromberg, Planner
Subject: Resolution Approving Lot Split Request, LS #12-02, Housing and Redevelopment Authority
in and for the City of Fridley
INTRODUCTION
Paul Bolin, Assistant Executive Director of the
City's Housing and Redevelopment Authority
(HRA), is seeking a lot split for the properties at
5825 and 5833 2%z Street. Currently 5825 2%
Street is (2) 40 ft. lots and 5833 is (1) 40 ft. lot.
Splitting one of the 40 ft. lots of 5825 2% Street,
will allow for the creation of (2) new 60 ft. lots,
which will allow for the construction of two new
single family homes.
PLANNING COMMISSION RECOMMENDATION
At the October 17, 2012, Planning Commission
meeting, a public hearing was held for LS#12-02.
After a brief discussion, the Planning Commission
recommended approval of the lot split request, LS
#12-02, with the stipulations as presented.
THE MOTION CARRIED UNANIMOUSLY.
PLANNING STAFF RECOMMNEDATION
City Staff recommends concurrence with the Planning Commission.
STIPULATIONS
1. All necessary permits shall be obtained prior to construction.
2. Grading and drainage plan to be approved by City's engineering staff prior to the issuance of any
building permits, in order to minimize impacts to the surrounding properties.
3. Property owner at time of building permit application shall provide proof that any existing wells
or individual sewage treatment systems located on the site are properly capped or removed.
4. Property owner at time of building permit application for the construction of each single family
home shall pay all water and sewer connection fees.
City of Fridley Land Use Application
LS #12-02
GENERAL INFORMATION
Applicant:
City of Fridley— HRA
Paul Bolin
6431 University Avenue NE
Fridley MN 55432
Requested Action:
Lot Split
Purpose:
To create an additional single-family lot
Existing Zoning:
S-1 (Hyde Park Neighborhood)
Location:
5825 and 5833 2%z Street
Size:
15,600 sq. ft. .35 acres
Existing Land Use:
Vacant land
Surrounding Land Use & Zoning:
N: Single Family & S-1
E: Single Family & S-1
S: Single Family & 5-1
W: Single Family & S-1
Comprehensive Plan Conformance:
Consistent with Plan
Zoning Ordinance Conformance:
Section 205.23 requires a minimum lot size
of 7,500 sq. ft. and a minimum lot width of
60 ft.
Zoning History:
5825 2 % Street
• 1886 — Lots are platted.
� House built prior to 1949.
� 1953, 1968 and 1978 — Additions
constructed to the home.
� 2011— House and shed demolished.
5833 2 % Street
� 1886 — Lot is platted.
• House is built prior to 1949.
• 1957 — Garage constructed.
� 1958 — Home addition.
� 1996 — House and garage demolished
Legal Description of Property:
5825 2 % Street
Lots 22 and 23, Block 22, Hyde Park
October 17, 2012
SPECIAL INFORMATION
5833 2 % Street
Lot 24, Block 22, Hyde Park
Public Utilities:
Water and sewer services are available in the street
Transportation:
Both parcels with be accessed of either 2% Street
or the alley
Physical Characteristics:
Level, open lots with a few trees
SUMMARY OF PROJECT
Paul Bolin, on behalf of the City's HRA, is seeking a
lot split for the properties at 5825 and 5833 2%
Street. Currently 5825 2% Street is (2) 40 ft. lots
and 5833 is (1) 40 ft. lot. Splitting one of the 40 ft.
lots of 5825 2%z Street, will allow for the creation of
(2) new 60 ft. lots, which meets code requirements
and will allow for the construction of two new single
family homes.
SUMMARY OF ANALYSIS
City Staff recommends approval of this lot split
request.
• Provides additional homeownership
opportunities within the City.
CITY COUNCIL ACTION/60 DAY DATE
City Council — November 5, 2012
60-Day Date — November 12, 2012
Subject Properties
Staff Report Prepared by: Stacy Stromberg
Land Use Application
Lot Split #12-02
ANALYSIS
Paul Bolin, Assistant Executive Director of the City's Housing and Redevelopment Authority (HRA), is
seeking a lot split for the properties at 5825 and 5833 2% Street. Currently 5825 2%z Street is (2) 40 ft.
lots and 5833 is (1) 40 ft. lot. Splitting one of
the 40 ft. lots of 5825 2%z Street, will allow ,� °' -'�
for the creation of (2) new 60 ft. lots, which
will allow for the construction of two new
single family homes.
The original home at 5825 2% Street was
constructed prior to 1949, with additions to
the home constructed in 1953, 1968 and
1978. The house was in really bad condition
and went through a foreclosure in 2010. The
HRA then acquired the property in 2010 and
had the house demolished.
The original home at 5833 2% Street was
also constructed prior to 1949. A garage ��� ��- ,� �� u,
was constructed in 1957 and an addition to the home was constructed in 1958. The HRA acquired the
property in 1996 and had both the house and the garage demolished.
The properties are zoned S-1 Hyde Park Neighborhood, as are all surrounding properties. Fridley City
Code requires lots in this zoning district be a minimum of 60 ft. in width with a minimum total lot area of
7,500 sq. ft. Both of the proposed lots, "Parcel A" and "Parcel B" will be 60 ft. in width and 130 ft. deep,
which is 7,800 sq. ft. in size. As a result, both lots are meeting code requirements.
STAFF RECOMMENDATION
City Staff recommends approval of this lot split request, with stipulations.
� Provide additional homeownership opportunities.
STI U LATIONS
City Staff recommends that if the lot split is granted, the following stipulations be attached.
1. All necessary permits shall be obtained prior to construction.
2. Grading and drainage plan to be approved by City's engineering staff prior to the issuance of any
building permits, in order to minimize impacts to the surrounding properties.
3. Property owner at time of building permit application shall provide proof that any existing wells
or individual sewage treatment systems located on the site are properly capped or removed.
4. Property owner at time of building permit application for the construction of each single family
home shall pay all water and sewer connection fees.
RESOLUTION NO.
A RESOLUTION APPROVING A SUBDIVISION, LOT SPLIT, LS #12-02,
TO CREATE TWO SUiLDASLE LOTS, GENERALLY LOCATED AT 5825 AND 5833 2 1/z
STREET
WHEREAS, the Planning Commission held a public hearing on the Lot Split, LS #12-02, on October 17,
2012 and recommended approval; and
WHEREAS, the City Council at the November 5, 2012 meeting approved the Lot Split request; and
WHEREAS, such approval was to create two buildable single family home lots within the S-1, Hyde Park
zoning district, based on new legal descriptions which read as follows:
Pt-oposed Parcel "A": Lots 24 and the north 20 feet of Lot 23, Block 22, Hyde Pat-k, Anoka
County, Minnesota.
Proposed Tract "B": Lots 22 and that part of Lot 23 lying south of the north 20 feet, Block 22,
Hyde Park, Anoka County, Minnesota; and
WHEREAS, the configuration of Lot Split LS #12-02 matching the legal descriptions above has been
attached as Exhibit B; and
WHEREAS, the City has received the required Certificate of Survey from the owners; and
WHEREAS, the City has approved Lot Split, LS #12-02 with 4 stipulations as outlined in Exhibit A; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley directs the
petitioner to record this Lot Split at Anoka County within six (6) months or said approval shall become
null and void.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS STx
DAY OF NOVEMBER 2012.
SCOTT J. LUND - MAYOR
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
EXHIBIT A
STIPULATIONS FOR LS #12-02
City Staff recommends that if the lot split is granted, the following stipulations be attached.
1. All necessary permits shall be obtained prior to construction.
2. Grading and drainage plan to be appt-oved by City's engineering staff prior to the issuance of any
building permits, in order to minimize impacts to the surrounding properties.
3. Property owner at time of building permit application shall provide proof that any existing wells
or individual sewage treatment systems located on the site are propet-ly capped or removed.
4. Property owner at time of building permit application for the construction of each single family
home shall pay all water and sewer connection fees.
� AGENDA ITEM
� COUNCIL MEETING OF NOVEMBER 5, 2012
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FRIDLEI'
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157128 - 157286
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� AGENDA ITEM
� CITY COUNCIL MEETING OF NOVEMBER 5, 2012
�°F LICENSES
FRIDLEY
TYPE OF LICENSE: APPLICANT: APPROVED BY:
Massa e Thera Karen E. Sathre Public Safet
City Clerk
Lawful Gambling Permit Fridley Alano Public Safety
Joseph Zgainer - Bingo Events on City Clerk
2-18-13,3-17-13,11-17-13,12-8-13
Lawful Gambling Permit Fridley Alano Public Safety
Joseph Zgainer- Raffle 8-4-13 City Clerk
� AGENDA ITEM
� CITY COUNCIL MEETING OF NOVEMBER 5, 2012
�°F LICENSES
FRIDLEI'
Contractor T e A licant A roved B
All S stems Mechanical LLC Heatin John S encer Ron Julkowski, CBO
All Systems Mechanical LLC Gas John Spencer Ron Julkowski, CBO
Air Quality Services Inc Heating Jeff VonRude Ron Julkowski, CBO
Constiuction Results Corp Commercial or Mike Luut-tsema Ron Julkowski, CBO
Specialty
Four Seasons Air Spec Inc Heating Howard Anderson Ron Julkowski, CBO
James Steele Construction Commercial or R J Naughton Ron Julkowski, CBO
S ecialt
Midwest Fence & MFG Co Commercial or David Reiss Ron Julkowski, CBO
S ecialt
Penn Contracting Inc Excavating Dean Luxenburg Ron Julkowski, CBO
Quality Refi-iget-ation Inc Heating Robert Foirer Ron Julkowski, CBO
Residential Heatin & Air Heatin Dean Kolnes Ron Julkowski, CBO
River City Sheet Metal Gas Chris Rapp Ron Julkowski, CBO
�
�
CffY OF
FRIDLEI'
To:
Ft om
Date:
Re:
AGENDA ITEM
CITY COUNCIL MEETING OF NOVEMBER 5, 2012
William W. But-ns, City Manager
John Crelly, Ft-idley Assistant Fire Chief
October 31, 2012
Annual t-enewal of t-ental licenses
Attached is a list of 70 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
property inspection process.
Staff recommends that City Council approve the rental license renewal for these properties.
ProplD:
1123
zos�
1157
1506
20�0
2124
1929
1187
1188
1538
1677
150D
2105
1609
1259
1263
1264
1279
1280
1281
1305
1899
2118
133D
1331
1920
2114
1546
1346
1936
1527
1352
1525
2D95
1364
1661
2074
�o7s
���s
1372
1373
1374
Property Address
6541 2nd St. NE
4751 3rd St. NE
5320 4th St. NE
5353 4th St. NE
5423 4th St. NE
5734 4th St. NE
537 54th Ave. N E
380 57th PI. NE
390 57th PI. NE
90-1 00 63 1/2 Way NE
505 66th Ave. N E
1020 68th Ave. N E
6201 6th St. NE
1486 73'h Ave. NE
1590-94 73'h Ave. NE
1581-83 73rd Ave. N E
1591-93 73rd Ave. N E
5460 7th St. NE
5612 7th St. NE
5640 7th St. NE
7447-49 Able St. NE
6245 Alden Way NE
7571 Central Ave. NE
6551 Channel Rd. NE
6571 Channel Rd. NE
5509 E Bavarian Pass
5547 E Bavarian Pass
5940 East River Rd.
6540-50 East River Rd
1047 Fillmore Cir. NE
5560 Fillmore St. NE
1301-03 Fireside Dr.
5811 Hackmann Ave.
124 Horizon Cir. NE
6370-80 Hwy 65 N E
7340 Jackson St. NE
595 Janesville St. NE
176 Longfellow St. NE
447 Longfellow St. NE
910 Lynde Dr. NE
950 Lynde Dr. NE
990 Lynde Dr. NE
RENTAL HOUSING
Units
5
1
4
2
1
1
1
4
4
2
1
1
1
1
2
2
2
34
11
11
2
1
1
11
11
1
1
12
141
1
1
2
1
1
16
1
1
1
1
11
11
11
Owner
James & Jean Johnson
Jeffrey J. Haugan
Richard Perkovich
Curtis Lindberg
Newland Properties,
Karen Capistran
Robert Kramer
ACCAP
Daniel O'Neil
Allen Hoffer
Howard B Larson
Angela Percic
Chris Anderson
Tim Van Auken
Gary Muske
Gary Muske
Gary Muske
KES, LLC
MRANS ON SEVENTH
MRANS on SEVENTH
Robbi Olson
Eucharia Uche
Kimberly Steele
Winnetka Investments,
Winnetka Investments,
Lori Piotrowski
Heidi Ocel
SoJo Properties, LLC
Klaus Freyinger
Brandon R. Johnson
Aziz Muhammad
Gary Muske
Fatema A. Rabah
Garry & Vera
Samir Abumayyaleh
Margaret A. Brough
Tina & Jeremy Keeler
James Towner
Roger Roelofs
Lynde Investment
Lynde Investment
Lynde Investment Co.
page 1 of 2
Prop��: Property Address Units Owner
2108
2109
1385
1824
1549
1060
1544
1394
1693
1076
1556
2D4D
212D
zozo
1402
2126
2013
2089
1439
1672
1440
1855
1516
1517
1664
2019
2021
2��0
7505 Lyric Ln. NE
5765 Main St. NE
6021 Main St. NE
5996 McKinley St. NE
117 Mississippi PI. NE
120 Mississippi PI. NE
137 Mississippi PI. NE
160 Mississippi PI. NE
1376 Mississippi St. NE
840 Mississippi St. NE
6390 Monroe St. NE
1601 N Innsbruck Dr. #162
1601 N Innsbruck Dr. #178
1601 N Innsbruck Dr. #184
1601 N Innsbruck Dr. #254
1601 N Innsbruck Dr. #286
1601 N Innsbruck Dr. #323
1601 N Innsbruck Dr. #382
6471-77 Riverview
232 Satellite Ln. NE
1375 Skywood Ln. NE
7417 University Ave. NE
7565 University Ave. NE
7573 University Ave. NE
110 Ventura Ave. NE
5530 W Bavarian Pass
5435 W BrennerPass
5562 Waldeck Crossing
1
1
4
1
4
4
4
4
1
1
1
1
1
1
1
1
1
1
3
1
2
1
1
1
1
1
1
1
Christie A. St. Clair-
Kin-Joe Sham
Xiao Long Shih
Mike Klosterman
Mutombo Muvandamina
Mutumbo Muvandamina
ACCAP
Chris Zelevarov
Thomas Zimmerman, Jr.
Debra Redmann
Toby Garber
Lukas Adams
Brandon & Sarah Vogt
Stephanie J. Miller
Lars & Susan Erickson
Judy Rupert
Adam Brodal
Felix M. R. Perez
Chris Zelevarov
Fridley Covenant
Skyrock Properties
Steven Steffenson
Jim Price
Jim Price
Darrell & Anne Kudebeh
Dian Joralmon
Ziah Zahran
Heidi Koller
Number of Licenses for approval: 70
�
�
CffY OF
FRIDLEI'
Date
To
AGENDA ITEM
CITY COUNCIL MEETING OF NOVEMBER 5, 2012
October 30, 2012
William Burns, City Manager
From: Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Stacy Stromberg, Planner
Subject: Public Hearing for Rezoning Request, ZOA #12-02, Housing and Redevelopment Authority in
and for the City of Fridley
INTRODUCTION
Paul Bolin, Assistant Executive Director of the City's Housing and Redevelopment Authority (HRA), is
requesting to rezone the properties located at 5831, 5865, 5895, 5905, 5925, 5943, 6005, 6041, 6061,
and 6071 University Avenue, known as, "Gateway Northeast" from C-2, General Business to S-2
Redevelopment District to accommodate the future redevelopment of these properties.
PLANNING COMMISSION RECOMMENDATION
At the October 17, 2012, Planning Commission meeting, a public hearing was held for ZOA #12-02. After
some discussion, the Planning Commission recommended approval of rezoning, ZOA #12-02.
THE MOTION CARRIED UNANIMOUSLY.
PLANNING STAFF RECOMMENDATION
City Staff recommends that the City Council hold a public hearing for Rezoning Request, ZOA #12-02.
City of Fridley Land Use Application
ZOA 12-02
GENERAL INFORMATION
Applicant:
Housing and Redevelopment Authority
Paul Bolin
6431 University Avenue NE
Fridley MN 55432
Requested Action:
Rezone multiple properties from C-2 to S-2.
Location:
5831, 5865, 5895, 5905, 5925, 5943, 6005,
6041, 6061, 6071 University Avenue.
Existing Zoning:
All properties zoned C-2, General Business.
Size:
Approximate size of entire area to be rezoned:
254,770 sq. ft. 5.8 acres
Existing Land Use:
Vacant land (commercial buildings have
been torn down).
Surrounding Land Use & Zoning:
N: Vacant Commercial building & C-2
E: Single Family & Duplexes & R-1 & R-2
S: Townhomes & S-2
W: University Avenue and ROW
Comprehensive Plan Conformance:
Future Land Use Map designates this area
as Redevelopment.
Zoning History:
5831 University Avenue:
1957 — Lot is platted.
1967 — Building constructed (Restaurant).
2011— Building demolished.
5865 University Avenue:
1957 — Lot is platted.
1968 — Building constructed (Restaurant).
2009 — Building demolished.
5895 University Avenue:
1957 — Lot is platted.
1969 — Building constructed (Restaurant).
Building still there (Vet Clinic).
5905 University Avenue:
1886 & 1957 — Lot is platted.
1972 — Building constructed (Restaurant).
2011— Building demolished.
5925 University Avenue:
1886- Lot is platted.
1989 — Building constructed (Alanon).
October 17, 2012
SPECIAL INFORMATION
2009 — Building demolished.
5943/5945 Universitv Avenue:
1886 — Lot is platted.
1958 — Garage constructed.
1986 — Garage demolished.
2001— New building constructed (Van-O-Lite).
2009 — Building demolished.
6005 Universitv Avenue:
1886 — Lot is platted.
1950 — Garage constructed.
2009 — Building demolished.
6041 University Avenue:
1886 — Lot is platted.
Building constructed per-1949
2009 — Building demolished.
6061 University Avenue:
1886 — Lot is platted.
1955 — Building constructed.
2011— Building demolished.
6071 University Avenue:
1886 — Lot is platted.
1957 — Building constructed (Service station).
2009 — Building demolished.
Legal Description of Property:
See attached in packet.
SUMMARY OF REQUEST
The petitioner, Paul Bolin on behalf of the City's
HRA, is requesting to rezone the properties located
at 5831, 5865, 5895, 5905, 5925, 5943, 6005, 6041,
6061, and 6071 University Avenue, known as,
"Gateway Northeast" from C-2, General Business to
S-2 Redevelopment District to accommodate the
future redevelopment of these properties.
SUMMARY OF ANALY515
City Staff recommends approval of this plat,
rezoning and subsequent master plan request.
■ Proposed rezoning is consistent with the
Comprehensive Plan.
■ Provides potential commercial and job
opportunities.
■ Provides potential housing opportunities.
CITY COUNCIL ACTION/60 DAY ACTION DATE
City Council — November 5, 2012
60 Day Date — November 12, 2012
Staff Report Prepared by: Stacy Stromberg
Land Use Application
Rezoning #12-02
ANALY515
Paul Bolin, Assistant Executive Director of the City's Housing
and Redevelopment Authority (HRA), is requesting to rezone
the properties located at 5831, 5865, 5895, 5905, 5925, 5943,
6005, 6041, 6061, and 6071 University Avenue, known as,
"Gateway Northeast" from C-2, General Business to S-2
Redevelopment District to accommodate the future
redevelopment of these properties.
The subject properties are approximately 6 acres in size total
and front on the University Avenue Service Drive from 58tn
Avenue to 615T Avenue. They were originally developed mainl
in the 1950's and 1960's for
commercial uses, restaurant and gas P�, ,�, Po I�,
stations. When access was limited
as a result of upgrading University I�
Avenue, several of the businesses �� ��
began to suffer and as a result ���I,��
significant vacancies occurred and � i� I��� �,�,��
the buildings became blighted. The i ��,, �
City and the HRA have wished to °�� � �'�����'�°�����'°�^�
redevelop this area for a number of
years and consequently, the HRA started to acquire some of
the properties in 2006, after being approached by property
owners wanting to sell their obsolete retail buildings.
Acquisitions of the properties concluded in 2011 and
demolition of the properties was done in two phases. The firs
phase of demolition was started in late 2009 and the second
phase took place in 2011. The HRA currently owns all of the
subject properties, except for 5895 University Avenue, which
currently owned and operated as Family Animal Hospital. To
avoid spot zoning, this property has been included in this
rezoning request.
Prior to demolition of the buildings, resolutions were adopted
determining that certain parcels are occupied by structurally
substandard buildings and were to be included in a tax
increment financing district. To acquire and prepare the site
for reuse, the HRA has spent over $4.5 Million. The propertie:
have a value, depending on its reuse, between $1-$2 Million.
It is this difference of $2.5-$3.5 Million that will be paid from
the tax increment financing district. If it wasn't for the
availability of tax increment to pay for acquisition, demolition
relocation, environmental remediation, infrastructure, and sit
preparation this project would not proceed.
In late 2011, the HRA hired Premier Commercial Partners to market the properties. Over the past few
months there has been interest from three different parties wanting to purchase all or at least portions
of the property for redevelopment. As a result, City Planning staff and the petitioner decided it would
be beneficial to have the properties rezoned from a commercial zoning to the redevelopment district to
give the potential buyer/development more flexibility when designing a project. Because the properties
are within the Transit Oriented Overlay District (TOD), any potential project will need to be reviewed
and approved by the Planning Commission and the City Council for a TOD Master Plan as well as a S-2
Master Plan.
The City's zoning ordinance and official zoning map are the mechanisms that help the City achieve the
vision laid out in the Comprehensive Plan. The law gives the City the authority to "rezone" property
from one designated use to another, so long as the zoning is in conformance with the Comprehensive
Plan. The Comprehensive Plan's 2030 future land use map designates this area as "Redevelopment",
which justifies the reason for approving the proposed rezoning.
STAFF RECOMMENDATION
City Staff recommends approval of the rezoning request from C-2, General Business to S-2,
Redevelopment District for the following properties:
Building Name ' Address PIN
Sinclair 6071 University Avenue 233024210135
City ROW No Address 233024210112
Tae Kwan Do 6061 University Avenue 233024210111
No Address 233024210110
Old Van-O-Lite 6041 University Avenue 233024210109
Carquest 6005 University Avenue 233024210134
New Van-O-Lite 5943 University Avenue 233024210143
No Address 233024210141
Alano 5925 University Avenue 233024210140
Select Products 5905 University Avenue 233024210123
5905 University Avenue 233024210122
5905 University Avenue 233024240016
Fridley Animal Hospital 5895 University Avenue 233024240130
China Buffet 5865 University Avenue 233024240023
Sikh Society 5831 University Avenue 233024240022
�
� CITY COUNCIL MEETING OF OCTOBER 22, 2012
CffY OF
FRIDLEY
To: William W. Burns, City Manager
Ftom: Deborah Dahl, Human Resoutces Ditectot
Date: November 1, 2012
Re: PERSONNEL ORDINANCE CHANGE
Staff is requesting the City Council amend a section of Personnel Ordinance 3.04 to increase the
maximum amount of annual leave allowed to be maintained at the end of the year employees.
BACKGROUND
The current provision on annual leave allows non-union employees to carry over a maximum of
thit-ty (30) days ot 240 hours, based on an 8-hour wotkday. As stated above, this ptoposal would
increase the amount allowable by tive (5) days or foriy (40) hours for a maximum total of 280 hours.
This request would bring non-union employees in line with the same m�imum accrual level as
police patrol and the police sergeant's unions, which were increased in labor negotiations earlier this
year. Generally, it has been the City's long standing practice to keep benefits the same across all
gtoups in attempt to maintain a level playing field.
Exceptions:
1) This benefit did not come up as an issue dut-ing fire negotiations. The fite union employees ha�e
a higher cap since their accrual is calculated at an 11.2 hour day instead of the 8 hour work
day average, due to their longer shifts. This means the cap of the fire union members is 336 hours
instead of the 240 hours like all other employees. It is expected that the union will want to
discuss this ptovision and possibly ask fat considetation of a memorandum of undetstanding to
include an increase for their union as well.
2) There are currently six (6) employees who have a higher cap due to a change when the City
converted the vacation/sick leave benefit to an annual leave program. Employees who had a
higher cap were allowed to grandfather in their maximum accrual. This proposal would not apply
to these employees.
� Page 1
PROPOSED LANGUAGE AMENDMENT
The proposed amendment affects one sentence of the Personnel Ordinance 3.04. The current
ordinance reads:
"3.04. ANNUAL LEAVE AND SHORT TERM DISABILITY BENEFITS
Each employee of the City hired on or after January 1, 1983, shall be entitled to annual leave
away fiom employment with pay. Annual lea�e pay shall be computed at the regular rate of pay
to which such employee is entitled. A beginning employee shall accrue annual leave at the rate
of eighteen (18) days per year for the first seven (7) years (84 successive months). An employee
who has worked seven (7) years (84 successive months) shall accrue annual leave at the rate of
twenty-fout (24) days per year, beginning with the eighty-fifth (85th) month of consecutive
employment. An employee who has worked fifteen (15) years (180 successive months) shall
accrue annual leave at the rate of twenty-six (26) days per year, beginning with the one hundred
eighry-first (181st) month of consecutive employment. The maximum total accumulation of
annual leave at the end of an� �_ ��_yeat- shal I be thit- .t�(30i days fot- any individual emplo_�
(Ref. 985)."
The proposed amendment will change the last sentence to read:
" The maximum total accumulation of annual lea�e at the end of any given year shall be �1�9�
thirty-five (35) days for any individual employee."
OTHER RATIONALE
In researching the m�imum amount of annual leave or vacation benefits allowed amongst other
cities, it appears that City is significantly behind what other cities allow to be carried over from
year to year. In looking at the cities we identify as our peers, the a�erage maximum of days
(vacation or paid time of� employees are allowed to carry over is 58 days. This proposal of 35
days puts the City of Fridley still well below the market average of our peers.
2. This increase will help ease the burden for those employees who felt that the elimination of the
annual leave sell-back program was a significant loss or take away.
3. In addition, this change would also help smaller deparhnents who have difficulty staffing during
the end of the year while and maintain service levels.
4. This level has not been adjusted since 1983.
5. Rolling this benefit out to the non-union employees to mirror the same level as the labor unions
keeps the benefit lines consistent with past practice, minimizing grievances and/or complaints.
� Page 2
BUDGET IMPLICATIONS
There are no direct immediate costs associated with this proposed increase. The City's Finance Director
stated that the City funds the 100% of the liability of annual leave accruals, which means the cost of
annual lea�e gets carried forward in case it needs to be paid out in the next budget cycle.
Currently, there are 38 non-union employees who are at or over their annual leave cap of 240 hours.
While some I expect will still be taking time off between now and the end of the year, this amendment
may alleviate some of the pressure on employees and department managers face in managing staffing
levels.
At first glance, funding the additional 40 extra hours would cost approximately $46,000 (38 employees
paid an average $30 per hour time 40 hours). This estimate would fall true if employees never used their
annual lea�e and cashed it out upon separation within the next year (not likely). It is more likely, however,
that employees would use a portion of this lea�e over the remainder of their career and would not "cash
out" upon separation, so the exposure would be spread out over the remainder of one's career. It is also
possible that not all employees will cat7y over all of the extra 40 hours.
ACTION NEEDED
Because this proposal requires an ordinance change, Councill will need to have the First Reading on Nov.
5, the second reading on Nov. 19 and final adoption on Dec. 3, 2012. If approved, the amendment will
become effective on Dec. 3, 2012 with notifications going out to employees immediately thereafter.
I would be happy to meet with you or Council to review this proposal or provide any further information
at your convenience. Darin Nelson is also available to assist as well.
� �
Attac�unent: Proposed Ordinance Amendment
� Page 3
ORDINANCE NO.
AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE BY AMENDING
CHAPTER 3.04, PER50NNEL
The City Council of the City of Fridley does hereby ordain as follows:
3.04. ANNUAL LEAVE AND SHORT TERM DISABILITY BENEFITS
1. Each employee of the City hired on or after January 1, 1983, shall be entitled to annual leave
away from employment with pay. Annual leave pay shall be computed at the regular rate of pay
to which such employee is entitled. A beginning employee shall accrue annual leave at the rate
of eighteen (18) days per year for the first seven (7) years (84 successive months). An employee
who has worked seven (7) years (84 successive months) shall accrue annual leave at the rate of
twenty-four (24) days per year, beginning with the eighty-tifth (85th) month of consecutive
employment. An employee who has worked fifteen (15) years (180 successive months) shall
accrue annual leave at the rate of twenty-six (26) days per year, beginning with the one hundred
eighty-first (181 st) month of consecutive employment. The maximum total accumulation of
annual leave at the end of any given year shall be �l� thirt. -f�35� days for any
individual employee. (Ref. 985).
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF THE CITY OF
FRIDLEY THIS DAY OF . 2012.
SCOTT J. LUND, MAYOR
ATTEST:
DEBRA SKOGEN - CITY CLERK
First Reading:
Second Reading:
Publication:
�
�
CffY OF
FRIDLEY
Date
To
AGENDA ITEM
CITY COUNCIL MEETING OF NOVEMBER 5, 2012
October 30, 2012
William Burns, City Manager
From: Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Stacy Stromberg, Planner
Subject: Resolution Approving Special Use Permit Request, SP #12-06, Trav's Outfitter Inc. at 7315
Hwy 65
INTRODUCTION
The petitioner, Travas Uthe, of Trav's Outfitter
Inc., at 7315 Hwy 65, is requesting a special
use permit to allow the existing electronic
reader board that is part of the existing free-
standing sign to be turned on and operated.
The existing free-standing sign is 72 sq. ft.
The existing electronic reader board portion
of the sign is approximately 24 sq. ft. When
the sign was originally installed in 2011, the
petitioner decided to wait on getting the
special use permit for the electronic message
sign. As a result, the petitioner has submitted
the proposed request.
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PLANNING COMMISSION RECOMMENDATION
At the October 17, 2012, Planning Commission meeting, a public hearing was held for SP #12-06. There
was very little discussion specifically related to this request. Therefore, the Planning Commission
recommended approval of SP #12-06, with the stipulations as presented.
THE MOTION CARRIED UNANIMOUSLY.
PLANNING STAFF RECOMMENDATION
City Staff recommends concurrence with the Planning Commission and approval of the attached
resolution, including the following stipulations:
STIPULATIONS
1. Since the petitioner already received sign permit approval to install this sign in 2011, if the City
Council approves the special use permit, the petitioner shall be allowed to turn on the electronic
message center portion of the sign.
2. Message on L.E.D. sign shall not change more often than authorized under5ection 214.07of the
Fridley City Code.
3. Message on L.E.D. sign shall never flash or have motion that may distract vehicular traffic in the
area.
City of Fridley Land Use Application
SP #12-06
GENERAL INFORMATION
Applicant:
Trav's Outfitter Inc.
Travas Uthe
1631 3rd Avenue South
Watertown SD 57201
Requested Action:
Special Use Permit for an automatic
changeable sign
Purpose:
To operate the existing electronic reader
board sign that is part of the free-standing
sign on the property.
Existing Zoning:
G2 (General Business)
Location:
7315 Hwy 65
Size:
23,528 sq. ft. .54 acres
Existing Land Use:
Trav's Outfitter's
Surrounding Land Use & Zoning:
N: City Well House & P
E: Industrial & M-1
S: Commercial & C-2
W: Hwy 65 & ROW
Comprehensive Plan Conformance:
Consistent with Plan
Zoning Ordinance Conformance:
Section 214.07 of the City of Fridley sign
code requires a special use permit for an
automatic changeable sign.
Zoning History:
1949 — Lot is platted.
1987 — SUP granted to allow a service station.
1987 — Several variances granted to allow for
the construction of the building.
1987 — Building is constructed.
2010 — Property rezoned from M-1 to C-2.
2010 — A portion of 73 %z Avenue vacated and
added to the subject property.
Legal Description of Property:
Lots 1& 2, Block 2, Central View Manor,
with vacated 73 % Avenue right-of-way.
October 17, 2012
SPECIAL INFORMATION
Public Utilities:
The building is connected.
Transportation:
The property can be accessed off of the Hwy 65
Service Road and 73 %z Avenue.
Physical Characteristics:
Lot contains the existing building, with parking and
landscaped areas.
SUMMARY OF PROJECT
The petitioner, Travas Uthe, of Trav's Outfitter Inc.,
is requesting a special use permit to allow the
existing electronic reader board that is part of the
existing free standing sign to be turned on and
operated. The subject property is located at 7315
Hwy 65.
SUMMARY OF ANALYSIS
City Staff recommends approval of this special use
permit, with stipulations.
Electronic changeable signs are an approved special
use in the commercial zoning district, provided the
sign complies with Code requirements.
Aerial of the Site
CITY COUNCIL ACTION/60 DAY ACTION DATE
City Council — November 5, 2012
60 Day Date — November 12, 2012
Staff Report Prepared by: Stacy Stromberg
Land Use Application
Special Use Permit #12-06
REQU EST
The petitioner, Travas Uthe, of
Trav's Outfitter Inc., at 7315 Hwy
65, is requesting a special use
permit to allow the existing
electronic reader board that is part
of the existing free-standing sign to
be turned on and operated.
The existing free-standing sign is 72
sq. ft. The existing electronic reader
board portion of the sign is
approximately 24 sq. ft. When the
sign was originally installed in 2011,
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the petitioner decided to wait on getting the special use permit for the electronic message sign. As a
result, the petitioner has submitted the proposed request.
HISTORY AND ANALYSIS
The subject property was rezoned in 2010 from M-1, Light Industrial to C-2, General Business and is
located in the northeast corner of Hwy 65 and 73rd Avenue. Also in 2010, a portion of 73 % Avenue
located directlyq
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iorth of the subject property was vacated. This vacated right-of-way then became part
,� �}�_ �=a� � ��� �a� of the subject property. In 1987 a special use permit was
� issued to allow an automobile service station and as a result,
� the site was developed in 1987 with the construction of the
C` 3C R[:. liss ���.. aa'is
" existing 1,261 sq. ft. building, which at that time was a Rapid
,�s u'
Oil Change. In order for the building to be constructed several
;� � variances needed to be granted. A variance was granted to
� '" ' reduce the minimum allowable lot area from J5 aces to .54
�' • � �{ it33 1150
� � _, acres, a variance was granted to reduce the side yard setback
a n v�irot
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; on the street side of a corner lot from 35 ft. to 19 ft. on the
,��
east and from 35 ft. to 28 ft. on the west, and from 35 ft. to 21
ft. on the north. Variances were also granted to reduce the
distance that the edge of the curb opening may be from a
street right-of-way intersection from 75 ft. to 26 ft. on the
113= north and from 75 ft. to 55 ft. on the southeast, and to reduce
the parking and hard surface setback from a street right-of-
-- ' way from 20 ft. to 12 ft. on the east and from 20 ft. to 10 ft. on
the west. The original free-standing was constructed in 1987.
There were a few modifications to the sign over the years. As stated, above the petitioner received sign
permit approval in 2011 for installation of the existing sign on the original pole that was permitted in
1987.
CODE REQUIREMENTS
Electronic changeable signs are an approved special use provided the message doesn't change more
often than once every 45 seconds. The sign also needs to be in conformance with the sign requirements
for the zoning district, in which the property is located. The subject property is zoned, C-2 General
Business, which requires that free standing signage can not exceed 80 square feet in size. The existing
sign meets that size requirement. The total sign area is 72 sq. ft., with the new electronic piece of the
sign being approximately 24 sq. ft.
City staff hasn't heard from any neighboring property owners.
STAFF RECOMMENDATION
City Staff recommends approval of the special use permit as electronic changeable signs are an approved
special use in the commercial zoning district, provided the sign complies with Code requirements, subject
to stipulations.
STIPULATIONS
City Staff recommends that if the special use permit is granted, the following stipulations be attached.
1. Since the petitioner already received sign permit approval to install this sign in 2011, if the City
Council approves the special use permit, the petitioner shall be allowed to turn on the electronic
message center portion of the sign.
2. Message on L.E.D. sign shall not change more often than authorized underSection 214.07of the
Fridley City Code.
3. Message on L.E.D. sign shall never flash or have motion that may distract vehicular traffic in the
area.
RESOLUTION NO. 2012 -
A RESOLUTION APPROVING SPECiAL USE PERMiT SP# 12-06
FOR TRAV'S OUTFITTER INC., LOCATED AT 7315 HWY 65 NE
WHEREAS, Section 214.07.01 of the Fridley City Code allows electronic changeable signs in
commercial zoning districts by a special use permit if certain conditions can be met; and
WHEREAS, on October 17, 2012, the Fridley Planning Commission held a public hearing to
consider a request by Travas Uthe of Trav's Outfitter Inc., located at 7315 Hwy 65, legally
described in E�ibit B, for a special use permit SP# 12-06 for an electronic changeable sign; and
WHEREAS, on November 5, 2012, the Fridley City Council approved the stipulations represented
in Exhibit A to this resolution as the conditions approved by the City Council on special use permit
SP# 12-06; and
WHEREAS, the petitioner, Travas Uthe of Trav's Outfitter Inc., was presented with Exhibit A, the
stipulations for SP# 12-06, at the November 5, 2012 City Council meeting;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley that the
Special Use Permit SP# 12-06 and stipulations represented in E�ibit A are hereby adopted by the
City Council of the City of Fridley.
PASSED AND ADOPTED BY THE CITY COLTNCIL OF THE CITY OF FRIDLEY THIS St},
DAY OF NOVEMBER, 2012.
SCOTT LUND — MAYOR
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
EXHIBIT A
SP# 12-06 Special Use Permit for an Electronic Changeable Sign
Trav's Outfitter, Inc., 7315 Hwy 65 NE, Fridley, MN
Stipulations
1. Since the petitioner already received sign permit approval to install this sign in 2011, if the City
Council approves the special use permit, the petitioner shall be allowed to turn on the electronic
tnessage center portion of the sign.
2. Message on L.E.D. sign shall not change more often than authorized under Section 214.07 of the
Fridley City Code.
3. Message on L.E.D. sign shall never flash or have motion that may distract vehicular traffic in the
area.
EXHIBIT B
SP# 12-06 Special Use Permit for an Electronic Changeable Sign
Trav's Outfitter, Inc., 7315 Hwy 65 NE, Fridley, MN
Legal Description:
Lots 1 and 2, Block 2, Central View Manor, together with vacated 73 '/z Avenue NE and together with
north Yz of that part of 73 Yz Road Avenue NE which lies westerly of following described line: beginning
at Northwest corner of East 40 feet of Lot 2, Block 2, of said Centt-al View Manot-, thence northerly along
northerly extension of west line of said East 40 feet 9.1 l feet, thence northerly, northeasterly and easterly
6926 feet along tangent curve/w radius of 44.00 feet and central angle of 90 degrees ll minutes 02
seconds, thence easterly northeasterly and northerly 19.70 feet along compound curve to left radius of
13.20 feet and central angle of 85 degrees 31 minutes 21 seconds to south line of said Block 1, and there
terminating, except roads, subject to easement of record.
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�
CffY OF
FRIDLEI'
Date
To
AGENDA ITEM
CITY COUNCIL MEETING OF NOVEMBER 5, 2012
October 30, 2012
William Burns, City Manager
From: Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Stacy Stromberg, Planner
Subject: Resolution approving Special Use Permit Request, SP #12-07, Advantage Scaffold and
Ladders at 5261 Ashton Avenue
REQUEST
The petitioner, Darrell Sanders, of Advantage Scaffold and Ladders, is seeking a special use permit to
allow limited outdoor storage of galvanized
scaffolding within an 11,784 sq. ft. area along
the southeast side of the property at 5261
Ashton Avenue.
City Code allows limited outdoor storage in the
industrial districts that is up to 50% of the
building footprint with a special use permit. The
buildings square footage is 44,350 square feet,
so City code would allow up to 22,175 sq. ft. of
outdoor storage on this site. The petitioner is
proposing to fence in the yard on the south side
of the property however, only use an 11,784 sq.
ft. area for his outdoor storage needs. As a
result, this outdoor storage area will comply
with code requirements for size. The outdoor
storage area will be used to store galvanized
scaffolding which doesn't rust. The remaining
yard area will be used for maneuvering of trucks
that are either delivering products or costumers
who are picking up products.
PLANNING COMMISSION RECOMMENDATION '��
At the October 17, 2012, Planning Commission ;;
meeting, a public hearing was held for SP #12- ' `�
07. After a brief discussion, the Planning '�'
I
Commission recommended approval of special use permit, SP #12-07, with the stipulations as presented
by staff.
THE MOTION CARRIED UNANIMOUSLY.
This Special Use Permit, SP #12-07 will repeal and replace SP #08-02 that was approved to allow for
limited outdoor storage in 2008.
PLANNING STAFF RECOMMENDATION
City Staff recommends concurrence with the Planning Commission.
STIPULATIONS
1. Outdoor storage area shall be limited to the 11, 784 sq. ft. area submitted on the site plan dated
10/8/12.
2. New parking stalls shown on site plans dated 10/8/12 shall be striped to designate the location
of the proposed 22 stalls.
3. If parking of customers, employees, or delivery trucks within the public right-of-way becomes an
issue, additional parking stalls will need to be created on site.
4. Screening gate to the yard shall be closed except when used for entering and existing to allow
proper screening, if necessary an automatic screening gate shall be installed to allow proper
screening.
5. Per Section 205 of the Fridley City Code, this Special Use Permit will become null and void one
year after the City Council approval date if work has not commenced or if the Petitioner has not
petitioned the City Council for an extension.
City of Fridley Land Use Application
SP #12-07
GENERAL INFORMATION
Applicant:
Advantage Scaffold and Ladders
Darrell Sanders
3800 50th Avenue North, Suite 300
Brooklyn Center MN 55429
Requested Action:
Special Use Permit to allow exterior storage
Existing Zoning:
M-2 (Heavv Industriall
Location:
5261 Ashton Avenue
Size:
101,495 sq. ft. 2.33 acres
Existing Land Use:
Industrial
Surrounding Land Use & Zoning:
N: Industrial & M-2
E: Industrial & M-2
S: Industrial & M-2
W: Industrial & M-2
Comprehensive Plan Conformance:
Consistent with Plan
Zoning Ordinance Conformance:
Sec. 205.18.01.C.12 requires a special use
permit to allow limited outdoor storage.
Zoning History:
1985 — Lot is platted.
1999 — Existing building is constructed.
Legal Description of Property:
Lot 1, Block 3, Great Northern Industrial
Center East lying in the North % of the
Northeast % of Section 27, Township 30,
Range 24, together with Lot 2, said Block 3,
subject to easement of record.
Public Utilities:
Building is connected.
Transportation:
The property is accessed from Ashton
Avenue.
Physical Characteristics:
Building, hard surface and parking areas and
landscaping.
October 17, 2012
SPECIAL INFORMATION
SUMMARY OF PROJECT
The petitioner, Darrell Sanders of Advantage
Scaffold and Ladders is seeking a special use permit
to allow limited outdoor storage of galvanized
scaffolding within a fenced in area in the rear yard
of the property located at 5261 Ashton Avenue.
SUMMARY OF ANALYSIS
City Staff recommends approval of this special use
permit, with stipulations.
Limited outdoor storage is a permitted special use
in the M-2, Heavy Industrial zoning district,
provided specific code requirements are met,
subject to stipulations.
CITY COUNCIL ACTION/ 60 DAY DATE
City Council — November 5, 2012
60 Day — November 12, 2012
Aerial of Property
Staff Report Prepared by: Stacy Stromberg
Land Use Application
Special Use Permit #12-07
REQUEST
The petitioner, Darrell Sanders, of Advantage Scaffold and Ladders, is seeking a special use permit to
allow limited outdoor storage of galvanized scaffolding within an 11,784 sq. ft. area along the southeast
side of the property at 5261 Ashton Avenue.
HISTORY AND ANALYSIS
The property is zoned M-2, Heavy Industrial as are all surrounding properties. It is located on the corner
of 52nd Way and Ashton Avenue. The property was developed in 1999, with a 44,350 square foot
building.
In 2008, the subject property received a special use
permit to have outdoor storage, however that special
use permit never ended up being used, so it became
void. As part of the approval of this special use
permit, City staff would recommend revoking, SP #08-
02, so the record is clear on this property.
City Code allows limited outdoor storage in the
industrial districts that is up to SO% of the building
footprint with a special use permit. The buildings
square footage is 44,350 square feet, so City code
would allow up to 22,175 sq. ft. of outdoor storage
on this site. The petitioner is proposing to fence in
the yard on the south side of the property however,
only use an 11,784 sq. ft. area for his outdoor storage
needs. As a result, this outdoor storage area will
comply with code requirements for size. The outdoor
storage area will be used to store galvanized
scaffolding which doesn't rust. The remaining yard
area will be used for maneuvering of trucks that are
either delivering products or costumers who are
picking up products.
Before the special use permit can be issued, several additional requirements need to be met. Those
specific requirements relate to height, screening, parking, and the types of materials allowed to be
stored outside.
Based on the breakdown of uses within the building, 36 parking stalls are required. The petitioner is
proposing to strip 22 parking stalls, which will fall short of ineeting the code requirements by 14 stalls.
This business is new to this location and the petitioner has stated that he does not anticipate there will
be a need for more than 12-15 parking stalls a day for employees and customers. They have 9 full time
employees who will be at the facility on a daily basis and then additional employees who drive directly to
the job site. Customers will typically call in their orders, and the petitioner will use the yard area to
stage loads for the day, and then the customers will come in with their larger trucks and will enter the
yard to pick up their order and be there long
enough to get loaded and then leave. Based
on what the petitioner has shared on the
needs of this business, staff is allowing the
remaining 14 stalls to be proofed on the site.
In the event that parking becomes an issue
on this site and staff determines that the
additional 14 stalls are warranted, there is
room on the site to construct them.
The proposed site plan meets all other
outdoor storage code requirements.
City staff hasn't heard from any neighboring
property owners.
RECOMMEIVDATIONS
City Staff recommends approval of this
special use permit, with stipulations.
Limited outdoor storage is a permitted
special use in the M-2, Heavy Industrial
zoning district, provided specific code
requirements are met, subject to
stipulations.
City Staff also recommends revocation of SP
#OS-02 for the subject property.
Revocation of this special use permit will make the record clear as to what is allowed for outdoor
storage on this site.
STIPULATIONS
Staff recommends that if the special use permit is granted, the following stipulations be attached.
1. Outdoor storage area shall be limited to the 11, 784 sq. ft. area submitted on the site plan dated
10/8/12.
2. New parking stalls shown on site plans dated 10/8/12 shall be striped to designate the location
of the proposed 22 stalls.
3. If parking of customers, employees, or delivery trucks within the public right-of-way becomes an
issue, additional parking stalls will need to be created on site.
4. Screening gate to the yard shall be closed except when used for entering and existing to allow
proper screening, if necessary an automatic screening gate shall be installed to allow proper
screen►ng.
5. Per Section 205 of the Fridley City Code, this Special Use Permit will become null and void one
year after the City Council approval date if work has not commenced or if the Petitioner has not
petitioned the City Council for an extension.
RESOLUTION NO. 2012 -
A RESOLUTION APPROVING SPECiAL USE PERMiT SP# 12-07
FOR ADVANTAGE SCAFFOLD AND LADDERS, LOCATED AT 5261 ASHTON
AVENUE NE
WHEREAS, Section 205.18.O1.C12 of the Fridley City Code allows limited outside storage in an
M-2 zoning district by a Special Use Permit if certain conditions can be met; and
WHEREAS, on October 17, 2012, the Fridley Planning Commission held a public hearing to
consider the request by Advantage Scaffold and Ladders, for the property generally located at 5261
Ashton Avenue in Fridley, legally described as Lot 1, Block 3, Great Northern Industrial Center
East lying in the North 1/z of the Northeast'/a of Section 27, Township 30, Range 24, together with
Lot 2, said Block 3, subject to easement of record, for a Special Use Permit, SP#12-07 for limited
outside storage; and
WHEREAS, on November 5, 2012, the Fridley City Council approved the stipulations represented
in Exhibit A to this resolution as the conditions approved by the City Council on Special Use Permit
SP# 12-07; and
WHEREAS, the petitioner, Advantage Scaffold and Ladders, was presented with E�ibit A, the
stipulations for SP# 12-07, at the November 5, 2012 City Council meeting;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley that Special
Use Permit SP# 12-07 and stipulations represented in Exhibit A are hereby adopted to repeal and
replace SP #08-02, by the Ciry Council of the City of Fridley.
PASSED AND ADOPTED BY THE CITY COLTNCIL OF THE CITY OF FRIDLEY THIS St},
DAY OF NOVEMBER, 2012.
SCOTT LLJND — MAYOR
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
EXHIBIT A
SP# 12-07 Special Use Permit for Limited Outdoor Storage
Advantage Scaffold and Ladders, 5261 Ashton Avenue NE, Fridley, MN 55432
Stipulations
1. Outdoor storage area shall be limited to the 11,784 sq. ft. area submitted on the site plan dated
10/8/12.
2. New parking stalls shown on site plans dated 10/8/12 shall be striped to designate the location of
the pt-oposed 22 stalls.
3. Tf parking of customers, employees, or delivery trucks within the public right-of-way becomes an
issue, additional parking stalls will need to be created on site.
4. Screening gate to the yat-d shall be closed except when used for entering and existing to allow
proper screening, if necessary an automatic screening gate shall be installed to allow proper
screening.
Per Section 205 of the Fridley Ciry Code, this Special Use Permit will become null and void one
year after the City Council approval date if work has not commenced or if the Petitioner has not
petitioned the City Council for an extension.
�
�
CffY OF
FRIDLEI'
Date
To
AGENDA ITEM
CITY COUNCIL MEETING OF NOVEMBER 5, 2012
October 31, 2012
William Burns, City Manager
From: Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Stacy Stromberg, Planner
Subject: Resolution Approving Vacation Request, SAV #12-02, Davene Smith
ANALY515
The petitioner, Davene Smith, is seeking to vacate a portion of the 10 ft. drainage and utility easement
that is currently located under the existing Crayon Box building, which is located at 7751 East River Road.
After further discussions with the City ,�"����,�"� a�J' �,� �� ,�s��_"�'``� �
port on of the e sleme tebe v cated a That .,,,, ���?����� '��� � ,� ��;,. �'�
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portion would include the 10 ft. wide �� � �. �,
easement in its current location exce t ���""�,� � y , �' � �� '� �`°
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for a portion 10 ft. wide by 75 ft. long �'`'�r- ��' �"� ��' �
starting at the north property line and �� F��"� � �
running north and south in the easements � �' Additional "'"'�
original alignment and 10 ft. wide by 10 ��, �'�� �»'� �
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10 ft.
easement
to be
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ft. long staring at the south property line � � ��� �.� �.� ��� 1,�.•
and proceeding north in the original �`� � � � �� ��.,, "`�'.�' �.�" '� � ���'�� "��;
alignment of the easement. Also, the City �,, �'�,, "��'""�,,�'"�• �~ ���"� �,� ..� i °'� �`' ;
Engineer has asked if the owner would � � �`�,�`�,,��,.�"��-"� �a °`�� *�,,; �
consent to the granting of an easement ,� ��`�� �'��.�'`� �w� �;.�,
that is approximately 250 ft. wide and 75 ��.,, � �,�,��, �,���. ���
ft. deep along the entire north property ��" . k �"°` �� ��
, �. � � �
line from the west edge to the east edge �'�� �~. � �"; � �
of Lot 2, Block 1, Pearson's 2"d Addition. Iµ�m:.�����-� � �� �
., �� i �����+, ��
The petitioner has agreed with the
additional easement as requested by the City Engineer. The reason for the dedication of the additional
easement is to allow access to the creek in the event that the City needs it.
PLANNING COMMISSION RECOMMENDATION
The Planning Commission reviewed the proposed vacation request at their October 17, 2012 Planning
Commission meeting. After a brief discussion, the Commission recommended approval.
THE MOTION CARRIED UNAMIOUSLY.
STAFF RECOMMENDATION
City Staff recommends approval of the attached resolution for SAV #12-02.
STIPULATIONS
1. The petitioner agrees to dedicate an area approximately 75 ft. from the northern property line as
a drainage easement.
City of Fridley Land Use Application
SAV #12-02
GENERAL INFORMATION
Applicant:
Davene Smith
1021 Grant Street
Anoka MN 55303
Requested Action:
Vacate a portion of a 10 ft. drainage and
utility easement
Location:
7751 East River Road
Existing Zoning:
C-3, General Shopping
Size:
87,991 sq. ft. 2.02 acres
Existing Land Use:
Crayon Box Childcare Center
Surrounding Land Use & Zoning:
N: River Point Apartments & R-3
E: Industrial & M-2
S: Commercial & C-3
W: East River Road & ROW
Comprehensive Plan Conformance:
Future Land Use Map designates this area
as Commercial.
Zoning History:
1968 — Lot is platted.
2003 — Existin� buildin� constructed.
Legal Description of Property:
Lot 2, Block 1, Pearson's 2"d Addition,
together with Outlot A.
Public Utilities:
Building is connected.
Transportation:
Property receives access off of East River
Road.
Physical Characteristics:
Childcare Building, parking lot and
landscaped areas.
SUMMARY OF REQUEST
October 17, 2012
SPECIAL INFORMATION
The petitioner, Davene Smith, is seeking to vacate a
portion of a 10 ft. drainage and utility easement
that currently lies under the existing building at
7751 East River Road.
SUMMARY OF ANALYSIS
City Staff recommends approval of the vacation,
with stipulations.
Aerial of Property
Council Action / 60 Day Date
City Council— November 5, 2012
60 Day Date — November 12, 2012
Staff Report Prepared by: Stacy Stromberg
Land Use Application
Vacation #12-02
REQU EST
The petitioner, Davene Smith, is seeking to vacate a portion of the 10 ft. drainage and utility easement
that is currently located under the existing Crayon Box building, which is located at 7751 East River
Road.
After further discussions with the City Engineer, he would prefer that only a portion of the easement be
vacated. That portion would include the 10 ft. wide easement in its current location, except for a
portion 10 ft. wide by 75 ft. long starting at the north property line and running north and south in the
easements original alignment and 10 ft. wide by 10 ft. long staring at the south property line and
proceeding north in the original alignment of the easement. Also, the City Engineer has asked if the
owner would consent to the granting of an easement that is approximately 250 ft. wide and 75 ft. deep
along the entire north property line from the west edge to the east edge of Lot 2, Block 1, Pearson's 2nd
Addition. The petitioner has agreed with the additional easement as requested by the City Engineer.
The reason for the dedication of the additional easement is to allow access to the creek in the event that
the City needs it.
HISTORY AND ANALY515
When the property was proposed to be
developed in 1979, an application was
submitted to the City to have the 10 ft.
drainage and utility easement vacated
so there was adequate room for the
construction of a building. A public
hearing and first reading was held on
the vacation; however, the Council
decided to not hold the second reading
until a total development plan for the
property had been received. That plan
was never submitted so as a result, the
second reading of the ordinance didn't
occur and the easement vacation wasn't
filed.
In 2003, when the City received a
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building permit application for the -� ,,,�'� k �°��+� ��
existing building, staff researched and
found that the records indicated there had been a vacation of the easement processed in 1979, and as a
result issued the building permit. It wasn't until recently when the property owner was going through a
re-finance process; that the discovery was made that the easement was still in place and the City didn't
finalize the process that had originally been started. As a result, the petitioner has submitted the
proposed vacation request.
STAFF RECOMMENDATION
City staff recommends approval of the easement vacation request, with a stipulation.
STIPULATIONS
1. The petitioner agrees to dedicate an area approximately 75 ft. from the northern property line as
a drainage easement.
RESOLUTION NO. 2012-
RESOLUTION TO VACATE A PORTION OF AN EXISTING 10 FOOT DRAINAGE
AND UTILITY EASEMENT AND DEDICATE A NEW DRAINAGE AND UTILITY
EASEMENT GENERALLY LOCATED AT 7751 EAST RIVER ROAD, PETITIONED
BY THE PROPERTY OWNER, DAVENE SMITH
WHEREAS, a portion of the 10 foot drainage and utiliry easement has a building constructed
over it; and
WHEREAS, the City Engineer indicates that there is no longer a teason to keep this pot-tion of
the easement; and
WHEREAS, the portion of the existing easement will be retained and an additional easement
area along the not-thwest side of the ptopet-ry will be reserved and applied as necessaty as a
drainage and utility easement; and
WHEREAS, a public hearing was held on this matter by the Planning Commission on October
17, 2012 and the City Council on Novembet 5, 2012; and
WHEREAS, the petitionet-, Davene Smith was pt-esented with Exhibit A, the stipulations for
SAV #12-02, at the November 5, 2012 City Council meeting; and
WHEREAS, the stipulation in Exhibit A will be will be addressed through a separate easement
document; and
WHEREAS, a copy of the EASEMENT VACATION AND DEDICATION EXHIBIT has been
attached; and
NOW THEREFORE, BE IT RESOLVED that:
1. The City of Fridley vacates the following easement situate in the City of Fridley,
County of Anoka, State of Minnesota, to wit:
All that part of the Drainage and Utility Easement lying 10 feet
Southwesterly of the Northeasterly line of Lot 2, Block 1,
Pearson's 2"`� Addition which lies 10 feet Northwesterly of the
Southeasterly line and lying 70 feet Southeasterly of the
Northwesterly line of said Lot 2, Block 1, Pearson's 2"`� Addition.
All lying in the South Half of Section 3, T-30, R-24, City of
Fridley, County of Anoka, Minnesota.
2. That pursuant to Minnesota Statutes § 160.29, Subd. 2, the City of Fridley reserves,
unto itself and other utility pt-ovidet-s, a pet-manent easement fot- drainage and utility
purposes, over, across, under and through the land situate in the City of Fridley,
County of Anoka, State of Minnesota, to wit:
The Northwesterly 75 feet of Lot 2, Block 1, Pearson's Addition.
All lying in the South Half of Section 3, T-30, R-24, City of
Ftidley, County of Anoka, Minnesota.
including the t-ight of City, its contt-actot-s, agents and set-vants, and other utility
providers, to enter upon said premises at all reasonable times for the purposes of
constt-uction, t-econstruction, inspection, t-epait-, gt-ading, sloping, and t-estoration
purposes and all such purposes ancillary thereto, and to maintain the above
easement at-ea, any impt-ovements and any undet-ground pipes, conduits, ot- mains,
together with the right to excavate and refill ditches or trenches for the location of
said pipes, conduits ot- mains and the further right to remove from the easement
area trees, bushes, herbage, brush, undergrowth and other obstructions interfering
with the location, construction and maintenance of the easement, pipes, conduits,
or mains.
PASSED AND ADOPTED BY THE CiTY COUNCiL OF THE CiTY OF FRiDLEY THiS
5TH DAY OF NOVEMBER 2012.
SCOTT LUND — MAYOR
ATTEST:
DEBRA A. SKOGEN — CITY CLERK
EXHIBIT A
SAV #12-02 Vacation Request for Davene Smith
Stipulations
1. The petitioner agrees to dedicate an area approxitnately 75 ft. from the northern property line as a
drainage easement.
�
�
CffY OF
FRIDLEIf
TO:
FROM:
DATE:
SUBJECT
AGENDA ITEM
CITY COUNCIL MEETING OF NOVEMBER 5, 2012
William W. Burns, City Manager
James P. Kosluchar, Public Works Director
Layne R. Otteson, Assistant Public Works Director
November 5, 2012
PW 12-084
Receiving Feasibility Report and Calling for a Public Hearing for 2013 Street
Rehabilitation Project No. ST2013-01
On July 19, 2012, the City Council approved Resolution 2012-046 directing preparation of a
feasibility report for 2013 Street Improvement Project No. ST 2013-01. The proposed project
includes residential neighborhoods of Meadowmore Terrace, Flanery Park, and one street in
Melody Manor (Jackson Street). The proposed project also included streets located within the
North Industrial Area.
This fall, property owners and Council Members were invited to attend an open house. 380
residential properties and 90 commercial properties received notice via U.S. Mail. Staff gave a
presentation to 74 attendees which explained the City's resurfacing program, provided a project
summary, presented the anticipated project schedule, presented the project budget, and
outlined the estimated assessments and payment schedule. Following the staff presentation,
the meeting was opened to group questions and comments. Several property owners stayed
after the meeting to ask individual questions regarding the project.
Comments from property owners in the residential project area have generally been in support
of the project. We have also had requests for general information from project area owners.
After discussions held with the City Council after the project open house, staff does not
recommend including the North Commercial Area in this project. The City Council expressed
the significant burden that special assessments, in accordance with policy, would create on
many businesses that are struggling due to current economic conditions. Staff performed a
vacancy survey and found that there is a significant vacancy rate for commercial properties in
the North Commercial Area. Staff also received requests from property owners to delay the
project. Staff has determined that the roadways can sustain several more years of use before
the pavement deterioration progresses from mill and overlay to requiring full reconstruction.
Staff also recognizes that additional time for drainage analysis is required for this project. The
City Council has directed that this area be incorporated into the 2014 street project.
Staff also had proposed to include 69t" Avenue (Central Avenue to Stinson Boulevard) as part
of this project. Recently, the City was notified by MnDOT that funding is not in place for the 69tn
Avenue railroad crossing until 2014. Therefore, the segment of 69t" Avenue from Central
Avenue to Stinson Boulevard should also be deferred until 2014, as we do not want to be
constructing in subsequent years on the same segment.
After the meetings, staff resumed final preparation of the feasibility report. The feasibility report
includes consideration for public comment and concern received through open house
discussion, property survey, and telephone conversations.
Please refer to the completed feasibility report, which concludes:
1. The North Industrial Area should be removed from the project and programmed in 2014.
2. Rehabilitation of 69th Avenue shall be delayed to coincide with MnDOT funding of the
3
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railroad crossing anticipated in 2014.
The remaining portion of the project is necessary as included in the City of Fridley's
proposed 2013 CIP budget and Street Maintenance Program.
The remaining portion of the project is cost-effective, and will result in reduced
maintenance requirements within the project area and a long-term savings to the City of
Fridley.
5. The remaining
budget.
portion of the project is feasible and is funded in the proposed FY2013
Staff recommends the City Council approve the attached resolution receiving the Feasibilitv
Report for 2013 Street Rehabilitation Project No. ST2013-01 and calling for a public hearing on
the proposed improvements on December 10, 2012.
If the City Council approves the attached resolution at this meeting, public hearing notices will
be received by property owners abutting the project area and the public hearing will be
advertised in the official newspaper.
JPK:Iro
Attachments
RESOLUTION NO. 2012-
A RESOLUTION RECEIVING REPORT AND CALLING HEARING ON
IMPROVEMENT FOR STREET REHABILITATION PROJECT NO. ST. 2013-01
WHEREAS, put suant to Resolution 2012-046 of the City Council of the City of Ft-idley adopted July 19, 2012, a
report has been prepared by the City of Fridley Public Works Department with reference to the improvements
listed in `Exhibit A', attached, and this report was officially received by the City Council on November 5, 2012,
and
WHEREAS, the report ptovides infot7nation t egarding whether the ptoposed ptoj ect is necessaty, cost-effective,
and feasible,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY,
MINNESOTA:
1. The council will consider the improvement of such street in accordance with the report and the
assessment of abutting ptopet-ty fot all or a portion of the cost of the improvement pursuant to
Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $1,025,000.00.
2. A public hearing shall be held on such proposed improvement on the l Ot}' day of December 2012,
in the Council Chambets of the Fridley City Hall at 7:30 p.m. and the clerk shall give mailed and
published notice of such hearing and improvement as required by law.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 5t" DAY OF
NOVEMBER, 2012.
SCOTT J. LUND - MAYOR
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
EXHIBIT A
STREET REHABILITATION PROJECT NO. ST. 2013-1
PROPOSED IMPROVEMENTS
Street improvements, including pa�ement rehabilitation, bituminous paving, water main reconstruction and
utility repairs including street segments as follows:
73-1/2 Ave
75th Ave
75th Ave Cul-De-Sac
76th Ave
76th Ave W Cul-De-Sac
76th Ave E Cul-De-Sac
76th Ave
Arthur St
Bacon Dt
Bacon Dr
Evert Ct
Fireside Dr
Hayes St
Hayes St
Lakeside Rd
McKinley St
Meadowmoot Dr
Onondaga St
Pinetree Ln
Jackson St
261' West of Pine Ttee Lane to East Tet-minus
Central Ave to Stinson Blvd
75th Ave to North Terminus
Central Ave to Arthur St
76th Ave to North Tet-minus
76th Ave to North Terminus
Lakeside Rd to McKinley St
75th Ave to Osborne Rd
Onondaga St to 75th Ave
76th Ave to Osborne Rd
73rd Ave to North Terminus
Central Ave to Hayes St
73rd Ave to Onondaga St
Fireside Dr to 76th Ave
Onondaga St to Osborne Rd
Onondaga St to 76th Ave
76th Ave to Bacon Dt
Hayes St to Stinson Blvd
73-1/2 Ave to Onondaga St
73rd Ave to Osborne Rd
�
�
CXTY OF
FRIC7LEY
�_t�_� �7G� �� 1�
CITY COUNCIL MEETING OF NOVEMBER 5, 2012
TO: William W. Burns, City IVlanager ���
�
Darin IVelson, Finance Director �
C�1/
CC
DATE:
Layne Otteson, Assistant Public Works Director
James P. Kosluchar, Public Works Director
October 31, 2012
,
��
PW12-085
SUBJECT: Revision to 2012 Street Rehabilitation Project No. ST2012 - 01 Assessment Roll
On IVlonday, October 8, 2012, the City Council approved F2esolution No. 2012- 72 to adopt the
special assessment roll for the 2012 Street Rehabilitation Project No. ST2012 — 01. The project
included 227 benefitting properties.
The property at 355 66t" Avenue (PIN 143024240025) was ideritifiied as having frontage width that
could be sub-divided into two lots and subsequently received a special assessment for double the
base residential amount. I misinterpreted the minimum width requirements for a single lot as 75
feet rather than the correct 80 feet. The current lot width is 155 feet and fails to meet the 160 foot
minimum requirement to split into two lots. I have attached a map of the property and adjacent
properties with dimensions. An assessrnent of $1,930.94 should have been applied ratherthan
$3,861.88. Staff has been in discussion with the property owner regarding the matter.
The $1,930.94 loss in assessment revenue will be offset with �the use of Minnesota State Aid
funds. There will be no impact to the City's General Fund. Moving forward, sfiaff will be more
careful to ensure accuracy regarding special assessments to benefitting properties.
Recommend the City Council direct staff to reduce the assessment for PIN 143024240025 to
$1,930.94 and incorporate this adjustment to the final assessment roll for the 2012 S�kreet
Improvement Project No. ST2012-01. Upon Council approval, staff will notify the property owner
of the assessment adjustment in writing.
LRO/Iro
Attachment
: 1
� AGENDA ITEM
� CITY COUNCIL MEETING OF NOVEMBER 5, 2012
CffY OF
FRIDLEI'
INFORMAL STATUS REPORTS