PL 02/07/1996 - 7065��
�"'`��
��
PLANNING COMMISSION MEETING
WEDNESDAY, FEBRUARY 7, 1996
7:30 P.M.
PUBLIC COPY
(Please return to Community Development Dept.)
�
CITY OF FRIDLEY
AGENDA
PLANNINC, COMMISSION MEETING WEDNESDAY, FEBRUARY 7, 1996 7:30 P.M.
LOCATION: Fridley Municipai Center, 6431 University Avenue N.E.
CALL TO ORDER:
ROLL CALL:
APPROVE PLANNING COMMISSION MEETING MINUTES: January 3, 1996
PUBLIC HEARING: CONSIDERATION OF AN ORDINANCE AMENDMENT TO
CHAPTER 110, ENTITLED °PUBLIC NUISANCES". IN ORDER TO CLASSIFY CRAVEL
AND/OR DIRT DRIVEWAYS AS A NUISANCE AND PROHIBIT THEIR USE.
RECEIVE THE MINUTES OF THE PAFtKS AND RECREATION COMMISSION
MEETING OF DECEMBER 4. 1995
^ RECEIVE THE MINUTES OF THE HOUSING & REDEVELOPMENT AUTHORITY
- MEETING OF JANUARY 11, 1996
OTHER BUSINESS:
ADJOURNMENT
��
�"�
CITY OF FRIDLEY
PLANNINa COMMI88ION MEETINd� JANQARY 3� 1996
CALL TO ORDER:
Vice-Chairperson Kondrick called the January 3, 1996, Planning
Commission meeting to order at 7:31 p.m.
ROLL CALL:
Members Present:
Members Absenta
Dave Rondrick, Diane Savage, LeRoy Oquist,
Dean Saba, Brad Sielaff, Connie Modig
Dave Newman
Others Present: Scott Hickok, Planning Coordinator
Dan Ryan, North Country Collectibles
Scott Lund, Rite-Way Mobile Home Repair, Inc.
David Theede, D.V.L. Transport, Inc.
I,arry Theede, D.V.L. Transport, Inc.
APPROVAL OF DECEMBER 20 1995, PLANNING CONIl�ISSION MINUTES:
MOTION by Mr. Sielaff, seconded by Ms. Modig, to approve the
December 20, 1995, Planning Commission minutes as written.
IIPON A VOICL VOTL, ALL VOTIN(� AYB, VICE-CBAIRPERSON RONDRICK
DECLARED THE MOTION CARRIED IINANIMOIISLY.
1. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT, SP
#95-11 BY NORTH COUNTRY COLLECTIBLES:
Per Section 205.17.O1.C.(3) of the Fridley City Code, to
allow retail uses within industrial buildings on Lot 2,
Block 1, Central View Manor 3rd Addition, generally located
at 1175 -73 1/2 Avenue N.E.
AND
PUBLIC HEARING• CONSIDERATION OF A SPECIAL USE PERMIT, SP
#95-12 BY D.V.L. TRANSPORT, INC.:
Per Section 205.17.O1.C.(9) of the Fridley City Code, to
allow repair garages within industrial buildings on Lot 2,
Block 1, Central View Manor 3rd Addition, generally located
at 1175 -73 1/2 Avenue N.E.
MOTION by Mr. Oguist, seconded by Mr. Saba, to conduct the public
hearings simultaneously, to waive the reading of the public
hearing notice and to open the public hearing.
� IIPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR
DECLARED THL MOTION CARRIED AND T8E PIIBLIC HEARIN(�4 OPEN AT 7=34
P.M.
,
PLANNIN(� COMMI88ION MEETING JANUARY 3 1996 PAGS 2 �
Mr. Hickok stated Special IIse Permit request #95-11 is by North
Country Collectibles, a retail merchandise operation located
within an M-1, Light Industrial, district. Special IIse Permit
request #95-12 is by D.V.L. Transport, Inc., to allow truck
repair in the M-1 district. The property is located on the north
side of 73 1/2 Avenue between Highway 65 and Central Avenue.
Mr. Hickok stated, in April 1994, the City Council held a public
hear�ng for construction of a new office/warehouse complex of
13,000 square feet on this site. There were separate land use
actions�requested to rezone a portion of the property, to vacate
an easement on the property, and to allow the use as proposed.
The City Council approved those actions and a plat in July 1994.
The construction of the building is now nearly complete. The
landscaping is installed. Parking installation has occurred.
Mr. Hickok stated North Country Collectibles is a request to
allow a 1600 square foot retail space within this
office/warehouse complex. The code allows a certain mix of
retail in an industrial building provided the retail area does
not exceed 5,000 square feet or 30� of the building. In this
case, North Country Collectibles represents 12� of the space
within the buildinq and falls within the code requirements for ,�
this location.
Mr. Hickok stated the parking supply, according to code, is to be
sufficient for that retail space. The staff report included in
the agenda provided information on how much parking would be
required for each of the uses within the complex. Initially, it
was indicated this would be an office/warehouse mix, and a
speculative formula of one parking space per 700 square feet was
used to determine parking needs. The uses have gone toward small
industrial spaces with their own parking demands. Therefore, one
of the stipulations relates to future parking needs and allowing
additional parkinq on the north side of the building. The code
requires that the existing level of service on the roadways not
be affected by the retail use. Staff did an analysis and
determined the numbers are negligible in terms of the impact to
73 1/2 Avenue.
Mr. Hickok stated the proposal should be compatible with
surrounding uses. Staff has previously indicated that the retail
use under 30� of the building space is appropriate in the M-1
district.
Mr. Hickok stated the code indicates the building owner or agent
should be responsible for informing prospective and future
tenants that the property is zoned for industrial use and that
there are some limitations on the retail and other types of uses �
in the building. Staff recommends approval of the request by
�
�� PLANNINC� COMMI88ION MEETING. JANUARY 3, 1996 PAGL 3
North Country Collectibles with the �ollowing stipulations:
1. Owner shall provide adequate parking on-site for uses within
the buildinq. If parking�demand exceeds parking
accommodations, a madification of the rear park3ng/storage
area may be required.
2. Any new lightinq associated with this use shall be downcast
security/safety liqhting and shall not exceed a footcandle
measurement deemed appropriate, by City staff, for the
specific location.
3. The completed/approved (Rite-Way) site plan including all
code required elements such as: concrete or asphalt parking
surfaces, B6-18 curbing around the perimeter of all parking
surfaces, screening walls or fences, specific landscape
plant materials, plant locations, and irrigation for the
front and side yards shall be adhered to with any
modification requiring review and approval by City staff.
4. No outdoor portion of this M-1 property shall be utilized
for display or sales.
n
5. Drive aisles shall be provided and kept free of vehicles to
allow circulation and access for police and emergency
vehicles.
6. Deliveries to the retail operation shall be done in a manner
that does not disrupt parking or entrance to other
businesses within this complex.
7.. All signs shall be consistent with the comprehensive
buildinq sign plan approved by the City Council.
8. All existing non-compliant signs shall be removed from the
site and shall be replaced by proper signage within 45 days
of final City Council approval of this special use permit.
9. Owner shall provide information about 30� maximum retail to
present and future retailers in complex so that they are
aware of the limited expansion potential for retail within
the building.
Mr. Hickok stated the petitioner has respanded to these
stipulations and has stated he has no objections.
Mr. Hickok stated Special Use Permit #g5-12 is for D.V.L.
� Transport to allow truck repair in an M-1, Light Industrial,
district. The code does allow a special use permit for truck
repair in an M-1 district. In December 1994, Mr. Lund had
PLANNING COMMISSION MEgTINQ JANQAgY 3 1996 AaE 4 �"�`
requested special use consideration to allow a repair garage in
the complex. The request was withdrawn. D.V.L. Transport is
similar b�t, rather than repair passenger vehicles, repairs large
scale tractor/trailers.
Mr. Hickok stated staff has reviewed the request. Staff
recommends approval of the request with the following
stipulations:
1. Motor vehicles stored outside shall not exceed 15 feet in
heiqht.
2. Screening materials are provided as in Section
205.17.06.G(1) (a) .
3. Motor vehicle storage is conduct�d as provided in Section
205.17.07.D(5).
4. Liqhting associated with storaqe shall be downcast security/
safety lighting and shall not exceed a footcandle
measurement deemed appropriate, by City staff, for the
specific location.
�
�. The completed/approved (Rite-Way) site plan including all
code required elements such as: concrete or asphalt parkinq
surfaces, B6-18 curbing around the perimeter of all parking
surfaces, screening walls or fences, specific landscape
plant materials, plant locations, and irrigation for the
front and side yards shall be adhered to with any
modification requiring review and approval by City staff.
6. No outdoor portion of this M-1 property shall be utilized
for display or sales.
7. Drive aisles shall be provided and kept free of vehicles to
allow circulation and access for police and emergency
vehicles.
8. No junk or inoperable vehicles shall be stored on site.
9. All screening fence installations shall meet the minimum
building setback requirements from any street property linee
10. All signs shall be consistent with the comprehensive
building sign pian approved by the City Councii.
11. All existing non-compliant siqns shall be removed from the
site and shall be replaced by proper signage within 45 days
of final City Council approval of this special use permit. �
�. pLANNING COMMIBSION MEETING JANVARY 3 1996 PAGB 5
12. No outdoor repair of �otorized or non-motorized vehicles
shall be permitted.
13. All existing outdoor storage shall be moved to hard-surfaced
parking area, stored indoors, or removed from site
completely.
14. The rear area screening qate shall be kept closed to provide
adequate screening between storage area and the public
riqht-of-way.
Mr. Rondrick asked if there were any questions of staff
pertaining to North Country Collectibles.
Mr. Sielaff asked what the circumstances are for North Country
Collectibles already being in the complex.
Mr. Hickok stated staff were not aware until a recent site visit
that this operation was already in the building. When this was
recognized, staff talked with Mr. Lund who then came in with the
special use application.
^ Mr. Sielaff stated the business could potentially have high
traffic volume. How will staff determine if demand exceeds
parking accommodations?
Mr. Hickok stated staff will have to monitor. It is possible
that on weekends this business could have a high demand parking
situation. Staff will let the police depa=tment know this is a
stipulation so they can do random inspections. During regular
business hours, the code enforcement officer will be asked to
make random checks to see that parking does not exceed the
designated parking. If these observations reveal parking on the
street or in the driveway beside the building, staff will ask the
owner to designate additional parking behind the building.
Mr. Sielaff asked if this would be true of any situation where
there was parking on the street.
Mr. Oquist stated he thought this would be true only if the
parking lot was full. Staff cannot control those who choose to
park on the street and not in the lot.
Mr. Hickok stated this was correct. This wouid have to be a
"bursting at the seams" type of situation where the lot was
constantly full and patrons have to park elsewhere.
�.-..� Mr. Kondrick stated he did not think the square footage of the
business would generate a great amount of traffic. There may be
a problem, however, in conjunction with the other businesses.
6
PLANNIN(� COMMISSION MEETINt3 JANQARY 3 1996 PAGL 6 �"'�
Mr- Lund, owner of the property, stated regarding parking, North
Country Collectibles does not draw a significant amount of
traffic. They average one or two vehicles per day visitinq that
facility. They do not anticipate.any parkinq concerns.
Mr. Ryan, owner of North Country Collectibles, stated the
business carries baseball cards, comics, stamps for collectors,
etc. Because of the location, it is hard to find.
Psr. Lund stated 95� of the business is outside the facility at
collectible shows, althouqh Mr. Ryan does display collectibles at
this location.
Mr. Sielaff asked if Mr. Ryan did any promotions.
Mr. Ryan stated he qoes to three to four shows a month outside
this facility.
Mr. Sielaff asked if Mr. Lund was aware that he needed a special
use permit.
Mr. Lund stated, at the time of construction, they were going to
have mechanics in this facility. The former business operation �"`�
was not conducive to their operation in that they could not bring
vehicles into that small of a building. They then built a bigger
building in order to bring vehicles inside. He understood that
the�special use permit was needed because they were doing
mechanical work on vehicles for others. What he has learned is
that, before he leases, rents, or does anything further with the
building or any tenants, he will just call the City to see if it
f its .
Mr. Kondrick asked if there were any comments regarding the
stipulations.
Mr. Lund stated he had no problem with the stipulations.
Mr. Kondrick asked if the Counnission members had any questions or
comments regarding D.V.L. Transport, Inc.
The Commission members had no questions of staff. Mr. Rondrick
asked the petitioner if they had any comments.
Mr. Lund introduced Mr. David Theede and Mr. Larry Theede, owners
and operators of D.V.L. Transport, Inc. Mr. Lund stated they had
anticipated mechanics coming into this facility. They were doing
some outside work. Therefore, this would require a special use
permit.
�
Mr. Rondrick asked if there were any comments regarding the
�
�
�"'�
PLANNINa COMMI88ION MEETINa JANQARY 3 1996 PAGS 7
stipulations.
Mr. L. Theede stated he understood the stipulations. They were
not in business to put junk out there. They keep things clean in
the area.
Mr. Lund stated, in reviewing the stipulations, #13 refers to
moving existing outdoor storage. He asked if this alludes to the
cement blocks that are in that area.
Mr. Hickok stated cement blocks were used as an example. Along
the western lot line by the landscaped area, there are some items
stored.
Mr. Lund stated in his business of being a mobile home transport
and set up company he buys a number of cement blocks. They put
these blocks in what is the storage area which is the along the
fenced portion of the building. Alonq the fence line, they did
put in landscape rock rather than sod which is less work to
maintain. Behind the fence, which is screened, they keep the
blocks on pallets and stored off the curb along the fence on the
area of landscape rock. This is behind the gate and cannot be
seen unless the gate is open. They are not kept in the parking
area because the blocks would be in the way. The pallets are
very heavy and need to be stored off to the side in order to be
accessible for the trucks and off the drive lane. He would
prefer not to keep them on the asphalt. It was their intent to
keep the blocks along the fence line. One stipulation when
constructing the building required a 5-foot offset curb along the
west of the building also. They also put landscape rock in that
narrow strip. They were going to put a lumber rack next to the
building which would extent about four feet. He felt this was
reasonable and would fit the city's requirements to screen
outdoor storage.
Ms. Modig stated the original stipulation indicates storage was
to be on a hard surface, and now the petitioner is not complying
with the stipulation.
Mr. Lund stated he had not taken everything into consideration
because the stipulation does not specifically list everything
that has to be on the hard surface. When talking about storage
on hard surface, they were originally talking about trailers,
cars, and things like that which would be placed on a hard
surface. He did not see any detriment if the blocks were on the
asphalt or off the asphalt.
Mr. Kondrick stated he did not see a problem as lang as it is
screened.
PLANNING COMMI88ION MEETINa JANQARY 3 1996 PAGE 8 �.
Ms. Modig stated she sees a potential problem. If the petitioner
did not follow the previous stipulations, she did not know if
they will follow the stipulations this time.
Mr. Lund stated, when building this facility, there were
stipulations and that storaqe was to be on a hard surface. He
did not think of every small item.
Mr. Oquist stated the stipulation was somewhat general. He does
agree that this does not take into consideration that the blocks
are needed in the business and to put cement blocks on a surface
that will impede traffic is also a hazard. Sufficient space must
be available for emerqency vehicles.
Mr. Lund stated there is a five-foot span between the curb and
fence.
Mr. Hickok stated the issue is where the cement blocks would be
placed - on the hard surface with a landscape separation. As he
recalled, that stipulation was to control storage. The idea was
to have a separation between what is stored and the fence. It is
a controlling feature with having everything on a hard surface.
In this case the blocks would be away on the side, and he can ��
understand that. But he thought that blocks on a pallet could be
put in the back corner. It may take up a parking stall for a
trailer but would still allow room for emergency vehicles.
Mr. Lund stated they do have landscaping on the north 20 feet and
to the east for 15 feet.
Ms. Modig stated another company in the area asked for a variance
to display snow plow equipment and the City did not allow it
because this was not in keeping with the code. Now they just
keep the gate open. This area has the appearance of having
storage gates open and outside storage. The stipulations for
this request are similar to those originally required. She is
concerned that the stipulations will be ignored.
Mr. Oquist stated, while he aqreed with the comments, the
discussion is academic. The conaern about the storage of the
cement blocks should be taken care of on the special use permit
granted a year ago. D.V.L. Transport does not have any storage
outside. The discussion concerns Rite-Way Mobile Home Repair.
D.V.L. Transport knows the stipulations for their storage and
they must live up to that stipulation. Staff has to deal
separately with Rite-Way and the issue of outdoor storage.
Mr. D. Theede stated all of their storage is inside. They have
been checked by the EPA. The only thing they would have outside �
is trucks.
a .
�� PLANNING COI�MISSION MEETINa JANQARY 3 1996 pAa$ 9
Mr. Oquist stated the first stipulation states the motor vehicles
stored outside shall not exceed 15 feet in height.
Mr. L. Theede stated the legal height is 13 feet 6 inches so this
is not a problem.
Mr. Lund stated he would work with staff concerning the cement
blocks.
MOTION by Ms. Savage, seconded by Mr. Saba, to close the public
hearing.
IIPON A VOICL VOTB� ALL VOTINa AYE� VICE-C8llIRPERSON HONDRICR
DECLARED THE MOTION CARRIED AND THE PIIBLZC HEARING CLOSED AT 8a05
P.M.
Commission members has no further comments. Mr. Kondrick asked
for a motion regarding Special Use Permit #95-11 by North Country
Collectibles.
MOTION by Mr. Saba, seconded by Ms. Savage, to reconmanend approval
of Special Use Permit, SP #95-11, by North Country Collecti.bles,
n to allow repair garages within industrial buildings on Lot 2,
Block l, Central View Manor 3rd Addition, generally located at
1175 -73 1/2 Avenue N.E., with the following stipulations:
1. Owner shall provide adequate parking on-site for uses within
the building. If parking demand exceeds parking
accommodations, a modification of the rear parking/storage
area may be required.
2. Any new lighting associated with this use shall be downcast
security/safety lighting and shall not exceed a�ootcandle
measurement deemed appropriate, by City staff, for the
specific location.
3. The completed/approved (Rite-Way) site plan including all
code required elements such as: concrete or asphalt parking
surfaces, B6-18 curbing around the perimeter of all parking
surfaces, screening walls or fences, specific landscape
plant materials, plant locations, and irrigation for the
front and side yards shall be adhered to with any
modification requiring review and approval by City staff.
4. No outdoor portion of this M-1 property shall be utiiized
for display or sales.
5. Drive aisles shall be provided and kept free of vehicles to
�` allow circulation and access for police and emergency
vehicles.
PLANNING COMMIBSION MEETING JANQARy 3 1996
PAGE 10
6. Deliveries to the retail operation shall be done in a manner
that does not disrupt parking or entrance to other
businesses within this complex.
7. All signs shall be consistent with the comprehensive
building sign plan approved by the City Council.
8. All existing non-compliant signs shall be removed from the
site and shall be replaced by proper signage within 45 days
of final City Council approval of this special use permit.
9• Owner shall provide information about 30� maximum retail to
present and future retailers in complex so that they are
aware of the limited expansion potential for retail within
the building.
IIPON A VOICS VOTF, ALL pp'1+INa AyE� pICE-CBAIRPER80N HONDRICR
DECLARED T8E MOTION CARRIED IINANIMOIISLY.
Mr. Hickok stated the City Council would consider this request on
January 22.
Commission members has no further comments. Mr. Rondrick asked
for a motion regarding Special Use Permit #95-12 by D.V.L.
Transport.
MOTION by Mr. Sielaff, seconded by Ms. Modig, to recommend
approval of Special Use Permit, SP #95-12, by D.V.L. Transport to
allow repair garages within industrial buildings on Lot 2, Block
1, Central View Manor 3rd Addition, generally located at 1175 -73
1/2 Avenue N.E., with the following stipulations:
1.
2.
Motor vehicles stored outside shall not exceed 15 feet in
height.
Screening materials are provided as in Section
205.17.06.G(1){a).
3. Motor�vehicle storage is conducted as provided in Section
205.17.07.D(5).
4. Lighting associated with storage shall be downcast security/
safety lighting and shall not exceed a footcandle
measurement deemed appropriate, by City staff, for the
specific location.
5. The completed/approved (Rite-Way) site plan including all
code required elements such as: concrete or asphalt parking
surfaces, B6-18 curbing around the perimeter af all parking
surfaces, screening walls or fences, specific landscape
�
�"�
�
� _ _ .
i^'� PLANNING COMMIBSION MEBTINt�. JANQARY 3, 1996 �AGS 11
plant materials, plant locations, and irrigation for the
front and side yards shall be adhered to with any
modification requiring review and approval by City staff.
6. No outdoor portion of this M-1 property shall be utilized
for display or sales.
7. Drive aisles shall be provided and kept free of vehicles to
allow circulation and access for police and emerqency
vehicles.
8. No junk or inoperable vehicles shail be stored on site.
9. All screening fence installations shall meet the m3.nimum
building setback requirements from any street property line.
10. Al1 signs shall be consistent with the comprehensive
building sign plan approved by the City Council.
11. All existing non-compliant signs shall be removed from the
site and shall be replaced by proper signage within 45 days
� of final City Council approval of this special use permit.
12. No outdoor repair of motorized or non-motorized vehicles
shall be permitted.
13. Al1 existing outdoor storage shall be moved to hard-surfaced
parking area, stored indoors, or removed from site
completely.
14. The rear area sereening gate shall be kept closed to provide
adequate screening between storage area and the public
right-of-way.
IIPON A VOICE VOTE, ALL VOTING AYE� VICL-CSAIRPERSON RONDRICR
DECLARED THE MOTION CARRIBD IINANIMOIISLY.
Mr. Hickok stated the City Council would consider this request on
January 22.
2. RECEIVE THE MINUTES OF THE HUMAN RESOURCES COMMISSION
MEETING OF DECEMBER 7, 1995:
MOTION by Mr. Oquist, seconded by Mr. Saba, to receive the
minutes of the Human Resources Commission meeting of December 7,
1995.
�., IIPON A VOICE VOTE, ALL VOTIN(� AYE, VICE-CHAIRPERSON RONDRICR
DECLARED THE MOTION CARRIED DNANIMOIISLY.
� ' ' -
PLANNING COMMISSION MEETING JANQARY 3 1996 PAGB 12
�
3• RECEIVE THE MINUTES OF THE APPEALS COMMISSION MEETING OF
DECEMBER 19. 1995:
MOTION by Ms. Savage, seconded by Mr. Sielaff, to receive the
minutes of the Appeals Commission meeting of December 19, 1995.
IIPON l�l VOICE VOTL, ALL VOTINd AYE, VIC$-CBAIRPER80N RONDRICK
DECLARED THE MOTION CARRIED IINANIMOIIBLY.
4. OTHER BUSINESS:
Mr. Hickok stated, regarding the special use requests, Ms. Modig
made a good comment reqarding the surrounding uses in the area.
This site evaluation provided an opportunity for staff to look at
some of the surrounding uses. As a result, staff has a list of
numerous items which will be followed up by the code enforcement
officer. These items are now on a schedule with a deadline for
correction.
ADJOURNMENT
MOTION by Mr. Mr, Saba, seconded by Mr. Oquist, to adjourn the
meeting.
IIPON A VOICL VOTB, ALL pOTIN(� AYE, VICE-CHAIItpER80N RONDRICR
DECLARED T8E MOTIOld CARRIED AND THg JANQARy 3, 1996, PLANNING
COZ�II►II88ION MEETINQ ADJOIIRNED AT 8:10 P.M.
Respectfully submitted,
?
� �� � � ' �
Lavonn Cooper L�>
Recording Secretary
�
r-'�
r _
�
.
DATE:
TO:
Community Deveiopment Department
February 1, 1996
PI,��]VIVING DIVISION
City of Fridley
Planning Commission Members
FROM: Ba.rbara Dacy, Community Development Dire,ctor
Scott H'ickok, Planning Coordinator
Kurt Jensen-Schneider, Planning Assistant
SUBJECT: Properly Improvement Ordinance Amendments / Public Hearings
BACKGROUND
The City Council considered three modifications to the City Code at its November 20, 1995
conference meeting, see attached November 16, 1995 memo(Eahibit A). Their discussion
resulted in a follow-up memo which inciuded suggested revisions (Ezhibit B). At this time, staff
has been directed to proceed with ordinaace madifications involvu�►g gravel driveways, junk
velucles, and nuisance abatement. To proceed, a Planning Commission public hearing for each of
the proposed ordinance changes is required and has been scheduled for February 7, 1996. The
draft ordinances and the public hearing notice aze attached for your review (Ezhibit C).
UNPAVED DRIVEWAYS
The unpaved driveway amendment concept was previously studied and approved by the Planning
Commission at its September 22, 1993 meeting. The current version of the driveway amendment
allows for special assessment of the costs and incorporates a11 existing gravel, dirt, or unpaved
driveways into the Public Nuisance section of the City Code. The list of nine rationale for
classifying gravel, dirt, or unpaved driveways as a public nuisance is attached (Ezhibit D).
In summary, the Planning Commissions 1993 input to the City Council included:
1. That approved hardsurface materials consist of concrete, bituminous, brick, and
concrete pavers.
2. That all driveways be paved five years from the adoption of the ordinance; when
the property is sold; or when a�emut- is required by the City..
3. That a separate compliance deadline should not be estabGshed for property owners
with driveways in exc�s of 50 fcet.
4. That a hardsurface requirement not be imposed for secondary/accessory structures
being used for storage facilities.
Property Improvement Ordinance Amendments / Public Hearings
February 1, 1996
Page 2
S• That an assessment process be made available to hom�wners.
A more thorough review of past planning Com�nission action can be obtained by reviewing the
October 21, 1993 memo from Barbara. Dacy to William Bums (Ex6ibit E). Specific input from
the Planning Commission is summarized and stagcomments are included. It should be noted that
staff recommended not to require drivewa.ys to be paved when the properiy is sold. To proceed
with this alternative, a"tiuth in sale" approach would have to be develop� and a truth -in-sale
ordinance would be r�uired
Included in the packet is a letter from Mary Mathews of 1259 Skywood Lane. Ms. Ma.thews is
unable to attend the public hearing but did have specific input regarding her driveway situation
(Eghibit Fj.
NNK VEHICLES
,�
The City Council has also direct� staff to proceed with improvements to the junk vehicle
sections of the City Code. To increase the effectiveness and effiaiency of resolving junk vehicle
code issues staff has proposed the an ordinance re�rision The cwrent proposal combines Code
seerion 123 Jurrk Yehicles with Code section 114 Ab�rdoned Motor Yehicles. A draft version of ,''�
this ordinance modification/combination is included. The proposed changes are also discussed in
the November 16, 1995 and January 4, 1996 property improvement memos to the City 1Vlanager
(Ezhibits A and B).
In summary, the proposed ordinance modificafion/combination includes the following:
1. A more detailed description of the criteria necessary to define junk vehicles
2. An additional definition of unsafe motor vehicles to include reference to State Statutes
169.468 to 169.75.
3. A definition of motor vehicle which includes any machine propelled by power which is
designed to ttavel along the ground and transport persons or property or pulls machinery.
4. A detailed five day notification and abatement process along with specific impound,
reclaim, and public sale requirements.
5. An aggrieved owner hearing proceSS using the City Hearing Examiner.
6. A one year "sunset date" to allow for a re-examination of the ordinance one year from it's
adoption.
An ordinance change of this nature will cla.rify and broaden the junk vehicle enforcement options.
Along with improved driveway definitions and surface requirements, the City will be better
equipped to resolve vehicle related issues. Removal of junk and unsafe vehicles will become more
efficient, the detrimental effects of junk, inoperable, or unsafe vehicles will be diminished.
�
�
Property Improvement Ordinance Amendments / Public Hearings
,� February 1, 1996
Page 3
NUI5ANCE ABATBMENT
City Council has directed staff to proceed with a minor modification to the Nuisance Abatement
ordinance. The suggested modification will allow staff to more efficiently abate "same or similar"
violatioas from the same location at which an initial abatement has already occutred.
In summary, the proposed ordinance modification includes:
1. A"Release of Property Agreement" to be signed before reclaiming any abated material.
2. A provision which allows the City to abate same or similar violations from a location in
which an abatement has already occurred. An abbreviated but reasonable notice period
will still be required.
These modifications will allow the City to treat recurring violations as a continuation of the first
violation Separate abatement proceedings and 20 da.y notification periods will be avoided. A
more efficient response to recurring citizen complaints will be achieved.
�1 SLIMMARY
�,
The potential for neighborhood improvement will be a positive change for the City. Driveway
and vehicle complaints are often intenelated. Approaching both issues at the same time
demonstrates the Cities concern about the impact they ha.ve on residential neighborhoods. In
addition, responsiveness will be increased with the nuisance abatement revision.. Each of the
three modifications will result in increased enforcement effe�tiveness.
Staff recommends that the Planning Commission recommend approval of the ordinances as
submitted.
KS:ks
M-96-50
�% Community Developme�t Departmemt
� PLANNING DIVISION
City of Fridley
DATE: November 16,1995
TO: William W. Burns, City Manager
FROM: Barbara Dacy, Community Development Director
Scott H'ickok, Planning Coordinator
�/ Kurt Jensen-Schneider, Planning Assistant
SUBJECT: Property Improvement Ordinance Options
Staff has prepared inforniation on several property improvement ordinance issues for council
consideration. This informa.tion will include a review of unpaved driveways, junk vehicles, and
nuisance abatement provisions. Current difficulties in enforcing code requirements related to these
areas will be lughlighted for your consideration.
UNPAVED DRIVEWAYS
Problem:
Current code requirements mandate the construction of an approved hardsurface driveway.
Many homes in Fridley were constructed prior to this requirement, or simply without regard
to the requiremerrt. Cucrently there aze approximately 328 unimproved gravel, crushed rock,
or dirt driveways in the City. Residences without paved driveways are pernutted to
park vehicles on whatever "driveway" the owner of the property maintains. The detrimental
effects of unimproved driveways are clearly displayed in the attached list of eight rationale
for requiring hardsurface driveways (see ezhibit A).
History:
The attached memo dated October 21, 1993 outlines past actions taken concerning
hardsurface driveways (see ezhibit B). This memo reviews the following:
1. Council's request to investigate an amortization ordinance tha.t would
require all property owners to pave their driveway by an established date.
2- Past Planning Commission approval and input for the Council to consider when
developing the ordinance amendment.
3. Staff comments regarding implementation requirements and Planning
Commission input.
4. Legal opinion regarding the City's ability to contract and assess driveway
improvement costs (see ezhibit C).
�
,�
,
�"� Property Improvement Ordinance Options
November 16, 1995
Page 2
Solution:
Staff recommends that the City Council pursue an ordinance wtuch would require all non
hardsurface driveways to be paved. In making this recommendatian staff concurs with the
following Plarming Commission input from the October 21, 1993 memo:
1. That approved hardsurface materials consist of concrete, bituminous, brick,
and concrete pavers. in addition staffrecommends all mateaials 1ia.ve sufficient
P. S.I. ratings to support motor vehicles.
2. That a11 driveways be paved five years from the adopdon of the ordinance
3. That a separate compliance deadline should not be established for property
owners with driveways in excess of 54 feet.
4. That the hardsurface requirement not be imposed for secondary/accessory
structures being used as storage facilities.
5. That an assessment process be made available to homeowners.
�, _ ._
In addition to these recommendations, staff believes specific language involving the lot coverage
aspects of a hardsurface driveways in the frorn yard should be included. Lot coverage or size
requirements would eliminate concems abaut paving entire &otrt yards. Paving the driveway will also
help to limit the number of vehicles stored on the property since it forces a decision as to how big the
paved surface is on the property.
Summary:
The implementation of an ordinance modification requiring all non-hardsurface driveways
to be paved would:
1. Require notification of 328 property owners.
2. Require a Planning Commission public hearing to amend the zoning ordinance.
3. Require a City Council public hearing.
4. Provide an option for special assessment of properties.
5. Require a large scale communication, coordination and inspection effort to
ensure all properties reach compliance within the require� timeframe.
n,
Property Improvement Ordinance Options
November 16, 1995
Page 3
The implemeutation of a definite hards�uface requiremern a,ould aid in the enforcement of residential
P�8 r�l�'ements• Exce.ssive storage of vehicles would be limited to a well defined, hazdsurface,
drivewaY are�a. In additioq lot coverage requirements would establish a maximum parking area, for
each parcel. Direct control rn,er the number of allowable vehicles would be achieved.
The implementation of this requiremeut vvill require additional language be added to the Zon�ng Code.
Staffis cuirently working to develop specific language for these modifications.
,1UNK VEHICLES
�
Problem:
The cunent junk vehicle ordinance states that all vehicles must be aurently licensed and str�t
operable if stored outside. The ordinance does not define what qualifies as an inoperable
vehicle; this determination is made admin,istratively on a case by case basis. To qualify as
an operable vehicle a current license must be displayed and. all critical operational paRs
(tires etc.) must be functional. Without first-hand knowledge of operability or neighbors
who can testify as to the operability of a velucle can not be considered "junk" under the
cutrent ordinance requirements. A vehicde which maintains a current license and is not visibly ��
missing °critical parts" can easily remain on the property for an extended period and give the
appearance of being operational when in fact it is not.
Ensuring tha.t a vehicle is safe to operate on the public street is not a requirement of the
current junk vehicle ordinance. A vehicle may visibly pass the operational test while lacking
critical interior or exterior safety items.
Solution:
To strengthen the junk vehicle ordinance staffrecommends the Council consider an ordinance
modification with administrative implications and changes.
Ordinance Modification-
The implementation of an ordinance modification could include the following:
Incorporate a definition of "unsa.fe for operation" to ittclude reference to any
state, local, or fedeial regulations including, but not linuted to Nfinnesota State
Statutes 169.468 to 169.75.
2. To include any vehicle which is not regularly used on City streets as an
abandoned, junk or unsafe vehicle.
�"'�
!~� Property Improvement Ordinance Options
November 16, 1995
Page 4
3. To increase the expediency of junk or unsafe vehicle processing and
abatements to 72 hours in accordance with State Statutes (the City of Mpls
enforces this).
4. To detail the notice, reclaim, and public sale requirements concerning abated
vehicl�.
5. To implement a hearing process for aggrieve� vehicle owners.
To incorporate these changes effectively, the City's legal staff has combined Code section 123 Jra7k
Yehicles with Code Section 114 Aba�ndoned Motor Yehicles A draft version of this ordinance
modification/combination is attache� as ezhibit D.
Administrative Chan�e:
To accompany the ordinance m�ification staff would proceed with an administrative change
in junk vehicle enforcement. This change would introduce iacrea.sed activity and effectiveness
to the process. To implement this change staff would develop:
^ 1. A checklist of vehicle safefiy and operational requirements to be used
as official notice of vehicles in violation
2. A notice form to be securely attached to and d.isplayed on any junk vehicle
for a period of no less than 72 hours before abatement.
This checklist would be generated using Sta.te Statute requirements referenced in the
definition of "Unsafe for Operation". If an excessive number of unsafe conditions aze
revealed, the vehicle would be considered inoperable. If any critical parts are missing or
impaired the vehicle would be considered inoperable. A preliminary sample of a vehicle
checklist is attached as ezhibit E.
How It Works
Egample:
1. Complainct about vehicles on Ely strest is received; an inspection takes place.
2. Staff has reason to believe that four of the eight vehicles observed raise
significant safety or inoperability questions. A notification checklist for each
questionable vehicle is left at the site.
3. The vehicle owner receives a copy of the vehicle checklists and is required to
,� provide verifica.tion that tt�e listed vehicles are safe for the public roadway
(specific inspection procedure required).
Property Improvement Ordinance Options
November 16, 1995
Page 5
4. Should the vehicle not provide verification within Sve da.ys (minimum 72
hours) the city concludes that the vehicles aze inoperable.
5• The city removes and impounds each inoperablelunsafe vehicle.
6• The city ma,ils notice to the vehicle owner(s) stating the location and
procedures for reclaiming the abated vehicl�s).
7• Within fifteen da.ys a.fter notification of the completed vehicle abatement the
vehicle owner shall reclaim such vehicles upon payment of all towing and
storage costs.
8. Airy property owner who feeLs aggrieved by an impoundment of a vehicle may
request a hearing before a heazing examiner.
9• Atry person aggrieved by the decision of the hear�ng eacaminer may appeal that
decision to the City Council.
�
Summary: ^
The nnplementation of an ordinance modification of tius nature would r�uire: -
I. Research potential service garages to act as safety inspectors.
Z. Public notifica.tion.
3. A City Council public hearing would not be required, but a hearing is
recommended to explain the new program.
4. First Reading
5. Second Reading
An ordinance and administrative change of this nature would clarify and broaden the junlc
vehicle enforcement options. Along with improved driveway definitions and surface
requirementsy the City could better respond to citizen complaints. Additional control to limit.
the number of vehicl� on a parcel would be achieved. The detrimental effects of inoperable
vehicles would be dimuushed.
r'�
�'� Property Improvement Ordinance Options
November 16, 1995
Page 6
NUISANCE ABAT'E:N�NT
Problem:
The nuisance abat�ent ordinance has been used effectively on several occasions. Proble�ns
have arisen with the recun'ence of violations after the abatement occutred. Speafically,
inoperable vehicles have retumed to the site in the same inoperable condition just da.ys after
the abatement. The nuisance abatement ordinance does not address a repeat offense violator.
Returning the same or similar material. to the abatement location causes the City to uritiate an
entirely new notification and abatement proceeding.
Solution:
To counter the problem of the repeat offender staff recommends that the Council coasider:
Requiring a"Release of Property Agreemeirt" to Ue signed bp anYone wishing to claim
any abated materiats. This agreement would establish that the questionable material
would not be retumexl to the abatement site unless code requirements were all
satisfactorily met (see ezhibit �.
� 2. Adding specific language to the abatement ordinance allowing the City to
abate "same or similar" violations within a specific time fraine following an abatement.
This would allow the city to treat recurring violations as a continuation of the first violation Separate
notification steps and abatement proceedings could be avoided.
NUMBER OF VEHICLES PER LOT
In April of 1993 the Council reviewed parking ordinance issues and discussed the possibility of
limiting the number of vehicles on residential property. In an Apri121, 1993 memo the option of
limiting the number of vehicles was outlined (see ezhibit G). Upon review by the council in 1993,
this option was not adopted due to concern about the legal ramifications. Current Apple Valley,
Coon Rapids and White Bear I.ake ordinances continue to restrict the number of vehicles per parcel.
With the exception of the A.pple Valley example (4 vehicles allowed outside the garage) the maximum
allowable vehicles is based on occupancy and/or number of licensed drivers residing at that location.
Enforcement of any ordinance provision based on occupancy of a residential home is difficult. Staff
recommends the Council consider limiting the number of vehicles per lot as second phase approach
in property improvement ordinance modifications. The impact of a manda.tory hardsurface
requirement and improved junk vehicle requirements may resolve the number issue.
�
Property Improvement Ordinance Options
November 16, 1995
Page 7
CONCLUSION/RECOMMENDATTON
Staff recommends that the following actions be approved by the council:
Co�rtinue with the implementation of a mandatory hardsurface requirement for all remaining
unimproved driveways.
2• Continue with the outlined modifications to the junk vehicle requirements. Combining code
sections 123 and 114, and implementing the necessary adminisnative changes.
3. Develop specific language providing for a"Release of Properiy" to Chapter 128, Nuisance
Abatement.
�,
Staff does not recommend a vehicle number limitation at this time. Staffrecommends that a limitation
as to the number of vehicles allowed on a parcel be approached as a phase II modification to the
property improvement ordinances. With adoption of a mandatory paved driveway requirement,
improved junk vehicle requirements, and nuisance abatement modifications, a significant impact will
be made in Fridley neighborhoods. Staff will have the ability to be more responsive to citizen
complaints. Neighborhood residential character will be improved. �
M-95-
KJS:K7S
CC: Dave Sa�lman, Police Cluef
,�
� � Community Developme�t Department
� PLA►��T1�TING DTVISION
City of Fridley
DATE: January 4, 1996
TO: William W. Bums, City Manager
FROM: Barbara Dacy, Community Development Director
Scott H'ickok, Planning �oordinator
� i Kurt 7ensen-Schneider, Plaaning Assistant
SUBJECT: Council Information - Property Improvement Ordinance Changes '
Staffhas prepared additional information on the property improvement ordinance issues for C�uncil
consideration. This will include additional information on unpaved driveways and fwther
modifica.tions to the proposed junk vehicle and nuisance abatement provisions.
UNPAVED DRIVEWAYS
At the November 20, 1995 conference meeting staff recommended that the City Couricil pursue an
ordinance which would require all non-hardsurface driveways to be paved. In considering this
recommendation several concsrns were raised.
Cost:
More specific information about a homeowner's cost of improving their driveway is provided
in attachment A. The cost savings for the resident could be significant if they use the citie's
asphalticoncrete contra�tor. The Citie's contractor cost may vary from year to year. The
1996 pricing information is being prepared by the engineering department at this time. A
typical asphalt driveway would cost at least $1,250.
Property Valuation:
The tax implications of paving a driveway are minimal. A concrete surface will cause a$300
increase in the assessed value of the home. An asphalt surface will cause a$200 increase in
the assessed value of the home. The most important benefit of a driveway improvement is
that it increases the appeal of the home and neighborhood.
Financial Assistance:
Nfinnesota State Statute limits any special assessment of this nature to no more than a 30 year
Council Information - Property Improvement Ordinance Changes
January 4, 1996
Page 2
term. The Council could set the interest rate as it sees fit. Staff recommends that the
assessment option be included as the only financial assistance tool made available to the
residents. Paving a driveway is an eligi'ble cost in the City's loan program (CDBG does not
include this e�ense). Coapling the assessment option with the reduced cost of using the
City's contractor will significandy aid the property owner. Including an administrative
chazge with the special assessment may help to cover the cost of administering the assessment.
For senior, or low income residents a deferred assessment option could be made available.
Providing these residents with a deferred assessment activated by the sale of the property
would delay the cost burden and place it upon the next property owner. Staff recommends
that all driveway assessments ta.ke the form of a 5 year term at 7 percent. Staff also
recommends that a 5 percent administrative charge be added to the assessment total and that
a$1,250 minimum be required if a resident wishes to use this option.
Acceptable Materials:
Staffrecommends that approved hardsurface materials ha.ve sufficient P.S.I. ratings to support
motor vehicles and consist of concrete, bituminous, and brick. In addition, an acceptable
driveway may be constructed using a porous pavement system (pavers). This system would �
consist of interlocicing, prefabricated, perforated blocks laid on a soil base and providing a
stable pervious surface for low volume vehiculaz use. A por.ous pavement system would be
acceptable for all areas of the driveway except the area which parking regularly occurs. To
prevent the seepage of velucle fluids, an uninterrupted hardsurface would be required on the
parking/storage portion of the driveway.
Rental Property:
Several of the known gravel driveways exist on rental properties. Of the 514 registered
rental properties approximately 30 of them have gravel or dirt drives. The unpact of
requiring rental property owners to pave their driveways will be significant if they own
numerous properties. The positive impacts to neighborhoods in which these rental properties
are clustered will also be significant. Staff recommends that rental property owners be
pernutted to use the City contractor as well as the special assessment option.
Lot Coverage:
Staff believes specific language involving the lot coverage aspects of a hardsurface driveways
in the front yard should be included. Lot coverage requirements would eliminate concerns
about paving entire front yards. Paving a limited area may also help to limit the number of
vehicles stored on the property. The Cities of Brooklyn Park and St. Louis Park, haae a
maximum front yard hardsurface coverage of 30 percent. Staff recommends arnending the �
ordinance to stipulate a ma�cimum hardsurface coverage of 30 percent in the front yard.
��"`, Council Information - Property Improvement Ordinance Changes
January 4, 1996
Page 3
Summary:
To proceed with the implementation of an ordinance modification requiring all non-
hardsurface driveways to be paved staffwould:
1. Notify all aff� propeci.y owne�s (aPProx. 328) and invite them to an informational
meeting the latter part of January.
2. Schedule a Planning Commission public hearing to amend the zoning ordinance
(February 7, 1996)
3. A City Council established public hearing for March 4, 1996
7UNK VEHICLES
At the November 20, 1995 conference meeting staff recommended that the City Council pursue an
ordinance which would clarify and broaden the junk vehicle enforcement options. In considering this
^ recommendation several concerns were raised.
Inspection Garages:
The original proposal included a clause in which vehicle owners would be required to certify
their car as operable and safe using a coirtract inspection gazage. Upon further consideration
by staff and concems expressed by the Council this clause has been removed. The concerns
about disparity among garages and the legal issues around requiring inspections are
sigiuficant enough to withdra.w it from the draft ordinance. Staff believes the lack of garage
inspection requirement will not detract from the enforceability of the ordinance.
Unsafe vs. Inoperable:
The administrative decision of detennining when a vehicle is considered unsafe or inoperable
was a concem. To clarify the conditions in which a vehicle may be impounded a detailed
junk/unsafe vehicle notifica.tion form is attached as eghibit B. If at any time during the
5 day notification period a vehicle owner expresses a significant hardship regarding the repair
of their vehicle, staff will administratively extend the correction deadline for a reasonable time
period. Vehicles will be removed only if they maintain one {1) or more junk/inoperable
conditions, or two (2) or more unsafe conditions.
;�"`�,
Council Information - Property Improvement Ordinance Changes
January 4, 1996
Page 4
Sunset Date:
To provide for a test period with any junk vehicle ordinance changes it was suggested that
a one (1) year "s�u�set" be included. After one (1) year, staffwill provide a report to Council
about the program and make a recommendation to continue or repeal the ordinance. Staff
recommends it is appropriate to provide a one year"Sunset Date" with the proposed changes.
Public feedback during this trial period may be very helpful,
Ordinance Modifi�ation Highlig6ts:
1. Incorporate a definition of "unsafe for operation" to include reference to any
state, local, or federal regulations including, but not limited to 1Vfinnesota State
Statutes 169.468 to 169.75.
2. To include any vehicle which is not regularly used on City streets as an
abandoned, junk or unsafe vehicle.
n
3. To increase the expediency of junk or unsafe vehicle processing and abatements by
using a 5 day notifrcation period. This notice period would still exceed the minimum �"�
72 hour notice required by Sta.te Statute.
4. To detail the notice, reclaim, and public sale requirements concerning abated
vehicles.
5. To implement a hearing process for aggrieved vehicle owners.
6. To include a one year "sunset date" from the effective date of the ordinance.
To incorporate these changes effectively, the City's legal staff has combined Code section 123 Junk
Yehicles with Code Section 114 Abandoned Motor I�ehicles A draft version of this ordinance
modification/combination is atta.ched as ezhibit C.
Summary:
If directed to proceed with the adoption of the cunent draft version of this ordinance the following
actions would need to take place:
1. Public notification.
2. A City Council public hearing would not be required, but a hearing is
recommended to explain the new program during the same hearing for
requiring hardsurface driveways (March 4, 1996) �
, .
� Council Information - Property Improvement Ordinance Changes
7anuary 4, 1996
Page 5
3, �irst Reading (March 18, 1996)
4. Second Reading (Apri18, 1996)
NUISANCE ABATEMENT
At the November 20, 1995 conference meeting staff recommended that the City Council pursue an
ordinance modification which would add additional language to the nuisance abatemeirt ordinance.
This additian would allow the C'riy to abate "same or sinu'lar" violations from the same lacation within
a specific time frame following an abatement.
The only concems expressed about this modificaxion were with regards to the "Release of Property
Agreement". Council felt it could be revised to include more specific provisions for reentering the
persons progerty. Atta.ched as ea6ibit D is a revised version of the release of property agreement.
Staff believes this agreement and ordinance modification would allow the city to treat recurring
violations as a continuation of the first violation. Separate notification steps and abatement
proceedings could be avoided.
�
Summary:
If directed to proceed with the modificaxion of the nuisance abatement ordinance the following
actions would need to take place:
Public notifica.tion.
2. A City Council public hearing would not be required, but a hearing is
recommended to explain the new program (March 4, 1996).
3. First Reading (March 18, 1996)
4. Second Reading (Apri18, 1996)
CON�LUSION/RECOMIVIENDATION
Unless othervvise directed staff will proceed with the drafting of these ordinance modifications. The
potential for neighborhood improvement and increased enforcement effectiveness will be a positive
change for the City. If there is any concern or further information is desired please inform staff at
your earliest convenience.
� M-96-7 KJS:kjs
HARDSURFACE COST IlVIPACT
CITY CONTRACT (Estimate)
Cost for 45' * 25' d/w
Cost for 70' * 25' d/w
CONCRETE CONTRACTOR
Cost for 45' * 25' d/w
Cost for 70' * 25' d/w
ASPHALT CONTRACTOR
Cost for 45' * 25' d/w
Cost for 70' * 25' d/w
CONCRETE
$25.00/sq. yd
$3125.00
$4860.00
$29.25tsq, yd.
$3656.00
$5674.00
ASPHALT
$10.00/sq. yd
$1250.00
$1940AU
$10.00/sq. yd.
$1250.00
$1940.00
*The City contract costs will vary from year to year depending on the bid amount. Contract costs
for 1994 were $18.00%sq. yd for concrete and $7.00 sq. yd.. for asphalt.
EXHIBIT A
�
�,
��
r-�
,�
;,"�.
JiTNK/UNSAFE
VEHICL� NOTIFICATION
It is unlawful for azry person to drive or for any vehicle or property owner to cause or knowingly
pernut any velucle wlrich is in such unsafe or junk condition to be parked or stored in a location
that is viewable from the public right-of-way.
While conducting and inspection, the City of Fridley Code Enforcement Officer has observed a
vehicle which does not meet one or more of the following junk/'inoperable conditions or two or
more of the following unsafe conditions as required by City Code and Minnesota State Statute.
VEHICLE DESCRIPTION:
VEHICLE LICENSE:
Unsafe conditions
Two headlamps
Two tafl lamps
IUumJnated llcense plate
Two rear reflectors
Front and rear hazard ltghts
Signal and stop lamps
Horn
Seat beltslnches
Mu, j�ler in good condition.
Rear view mirror
Cracked windshield
Windshield wiper device
Tires with tread deslgn less than I/16 of an inch.
Front and rear bumpers. (passanger cars)
Front bumpers and either rear bumpers or reJlectors.(trucks &vansJ
Every trucl� trailer, semitrailer, pole trailer, and rear end dump
truck shall be provided with wheel f laps.
All p[ates shall be securelyJastened
All plates shall be unobstructed and plainly visibl
Junk/Ino�erable Conditions
Numbered plates for the current year:
AU body panels, doors and parts shall be
securely jastened to the vehlcle
Brakes of adequate natursz to control and
stop the vehicle.
Intact front and rear wiridshields.
Suspension system or body more than six {6)
from the origtnad manufactured height
By not meeting these vehicle condition requirements the vehicle described above is considered
unsafe and/or junk. Fridley City Code requires such unsaf�unk vehicles to be repaired or
removed from view upon notificatioa If such vehicle is not revaired or removed from view of the
public right-of-wa,y within FIVE (51 DAYS of this notification it will be imuounded bv the Citv.
If you ha.ve any questions or concerns about this notification or about City of Fridley vehicle
parking and storage requirements please contact Code Administration at 572-3595. Ifyou would
like to seek and extension of the five (5) day impoundment notice and can provide verification of
a reasonable hardship as to why the vehicle can not be repaired or stored correctly contact the
City of Fridley Code Administration immediately.
EXHiBIT B
114 . ASANpONED �`:��; ,� <'��i;Y:;�'j'���.:� MOTOR VEHICLES
.. . . _ .��.:..:..:. .... e � ,'� g ...>.... 14 . 0 3 ,
...:.....:.....
���..��. �>:;•.z:,:�:>�::�:�.:�
�� ��a-. ':�€';= ��� �� 1 �-'`
������:�� :����y��': �;�.�-.
�. ��:.n.x,.s•x�•s: .s.:.�.<;:..;�•;:
Abandon�d � <.,:.::....,....,,.�....t,..�.y,:..,.:.�
�� �. �• z.�-����''i���� motor vehicies consti�u�a a hazard to
�he health ' anc�� we"�fare o�' the re�iden�s of the community in that
suah �vehicies can harbor noxiaus diseases, furnish shelter and
bre�ding places for vermin, and present physica�. dangers �o the
safetv and we7 1 hA� r.,. .,f .,r. a ,.a,.,.,. .._� _�t --- - . . . Y�,n„�,Y.,
�•-� ��=•G� a�.�aY m��ais also conat�tute" a°°ti"Iight on the
l�indscape o£ the City $nd �hera€or� ar� detrimental to the
ei'tvironment. Th� �tb�indonment and re'�irement of motor vehia�.e:s
and otrier sorap metai constitutes a waste of a valuabla saurce r,f
use�'ul metal. =t is therefore in the ub}.ic interest that the
present aocumu].ation df 2�b2�ndoned �"�'` '"y".�",�:�is7`�� motor veh,icl�s�s
� ,..
and c��her scrap metals be elimina�e�;�""'��is �" �i�ur� ab2��donment of
mo�or vahiclea and other rar�tp m�t�ls be prevented, that the
exp�,nsivn oP existing scrap �ecyaling facilities be deveiop�d,
and that other a�Geptable and e�anvmically use�ul methods �or the
dispoeal of abando��d ��.;�Y'��"'%�'�'''��°"`�:��::� motor vehicleB and other
...
. . ..• •
.e� . :. :?�2i`_•_x:l[7?�ti�C:,'c?'u2�?i:•'rTNN�?��,..e.�::_
r��..._. _ -•---- - - _
114.02 DEFINITI�N3
1. Abandoned Mvtar Vehiale.
A motar vehicle whiah has remained for a period of more �han 48
hours on public property iil�gally •--�-- --=
�
�-or has remain+�d Par a p�riod o� more than 48 haurs on
private property without cansen�. at �he persvn in contrdl. of such
prope�ty �r in an inoperable condition such that it has no
substantial patential far �urther use consiatent with it� usual
functions, un].ess it is kept in ar► encic�sed garage or storage
building. It shall alsa mean a motor vehicle voluntarily
surrendered by i�s Qwner to the Ci�y ar a duly au�horized agent
ot the City. A c].assic car ox ��,oneer car, as dePi.ned �.n
Minnesota statutes, S�ction 16g.10 shall not be cansider�d nn
abandoned motor ve�hicle with the meaning of this 3ection.
��►��:���;�;���'i�"��";����� � �:�:�iji��.��,;.����
�x�?'..��An.• �. Ww.<: • :L.4•�'s:K":.•i't xaqv.:k�q;a;.�5�:.'s::,.•,s";;`:w:°:'x� `.Y.'a•.':
/
EXHIBIT C
�\
��.
����'�������� ��`,•;•hs�`..�:.�.:�
� .i :�,: =ww.K::.a:7r .m.. r.fi:2>.
4.
'i`�l�;�wt����aia�� ..�.««.�.,. � .w«a.�oo-mcwr��9r.o�a �� •'a '� �+o
���� ����o°� •;. ••s.`�6w-.:.FS��a+��� � �.. •����
^3 3 � `�,x,',,,+°�°Cw„' x.ve•woceoa.aoxecext�vxoxx
:e y �'�(rn• ..w r. !°Tf^^°' �....«.«.. ;....... ;. ;.. �`..; ;..... ...... . � :.. J.L
:�'���'�Y;��� T�k��, ., •� ��'�i!'�i�:.��'�,.��ft.ii�.`�3�;'i��'���'����..�4��� x��' .���'°�`��
�f�. �.���td:��a'�.L»S.,xior.e.xa�'��."Ft;war.,s•.:..ovcLa'av`�:�x�.°�:::°.�m$aw: •a•w""`iwrr:.00,`a,'�...tv..vn...v.°...y,..:i.•.�w`...».•..4 .�sK'-a'x:��,h.��5o`.•':M�`�.Kk•uaa�e
��.����� rJ�(h^ . ,�(� y, �+ � � - '.4yk.y�••...l�.•E' S�' :X• �.ti��a ��
��i-.K.:f�s4.}';�St'� n. r�7�-��S���µµ�A.��������na�����za
>`.ut.�.•::..Y�:,r.,oc�,c,�aAaa 'x ..an.,i..�wa�mosrx,�e�ettuaa xw+w:
'�ita�, component Parts.
Those parts of � motor vehicle that are essential to the
mechanical functioning af the vek�icle�, including, but no� limited
r'�, to, the motor, drive trr�in and wheeis.
114 . 0 3 �4�F3#�- ,'� 3� .�i���'
k�.L. aZ.�e�aa4,!�'`'• seuc�
The �it�y, or its duly autharized agen�, may tiake in�o custody and
impound any abandoned ;��F���°��'� `• `'�.�'� mo�or veh ic ie .
,�� .�.�.�.,.,z..:a
�
� _�Y
m
,�.h �� ' �iV%''. "•i:
,.:�..;: ;.�..y,.
•� .�Vi�'>':;`..�.
��>. . .�:. . �'t�i�l`
.����'-:`<� �::�<::
M��;E.>.,r�.,.. ����:�°":��:' .'�:�", _u.ri-.
����:........ . _..>.. :��1.. ..��Y�< ����o���:ii:r���i��,.
.................>..,.......�.... .....>......._.,........<:�.::�:..-:-�-:�.... _,. .. ....
114.Q4. VEHICLES IMMEDIATELY SUBJECT TO PUBLYC SALE
r . o-
When an abandoned mo�or vehivle is mare than seven {7) modal
years o� age, iz�cks vitai componen� parts and does not display �
license plate currently valid ir1 Minnssot�► or itt Any other atate
or foreiqn aauntry, it shall immediately be eligible Por sale at
pubiic auction and sh�ll no� be �uk�j�at to the notificatian ar
reclamation procedures estr�blished by this Chdpter.
114.05 N4TICE
1• When an abandoned mo�or vehicie does not fall withi� the
pravisiona of Section 114.04, The c.ity shaii give noti�e oE �he
taking within ten �(10) days. Th� nvtice �hall set forth the date
�tnd place vf the takin�� the �rear, tci�k�, model drtd serial numb�r
� <!•�o.�.. � ..._i C..�.: �:3,'�%.'Uf!{u.. r•v
o tha abandoned :.� .;,��t., t,,�.� ,.� ��,� motor vehicle and the lace where
the vehi�le i� b� 'ng �e��;� s a�'], inform� the owner and any
lienhaidera oP their right to reclaim the vehicie under seation
114.06 and sha].l state that failura oP �he.vwner or lienhalders
�o exerci�e �heir righ�. t� recl2tim tihe vehicle rhal�. be deemed a
waiver by them of a11 rights, title and inte�resti in �h� vehicl�
and a conaent to the sale of the vehicle at a public auction
purguant to SeGtian 114.07.
2• The notice shall be s�nt bx ma.�i to the registered owner, f.g
any, og the abandoned '� ��" '� � �� t
.... .....�
. ... : � :.�,�. ,.,:.�.x. : ....... :... .
`�.� :.; �=� ���.<'�.�,��� motor vehicle and o ail
readil� . .�.�..�...�, �.�. ... ......... ...
iden�ifiable I�`N'e'�''iaY`c�ers ............,..°�.'�°w...N.�..:.
���u.,� .,.�.�.M.....�.......v.�.._.�__. af record. ��-:��"�°��`����r:�>�.�s�
----�- - - -
• �3:e,:3t;�:L�evr�':���z �i'�;;$'�y<�a-�<s:o•rx'�M.a,..�,,,�".�w`,c'.:�p��.'��.,��sw�..aSi,'..u%>t�i•tcRt�'ti•c:':s�x«i%ki�"`"'�i' :7;.Al:a"�"'f2.�c .°�.�.�r`.�'r'„i" 1I .LL i$
� e• •��y�+M• . qvww .a. • . . C' �.C��vryY.Y.30004Y.6%'�E!>C-046f..XnVn':�'IWiK. •K.RF� ON GCOIN[ K4
mposs�.� Ye to determzn'e wi�H'�'r"easonable"cer�ain�y �'iie identity
and addre�s oP the reg�stered owner and ail lienhalders, the
notice sha11 b� published ance in a newspaper of genera].
ciraulatian in the area where the mr�tior ve�iicle was abandan�d
c����� �f ���_����������. pubii�hed natices ma be rou ed t ether tor
e'�iic�'°``and ecanomy. Y g A �
114 , 4 f RECI,AIM
1. The owner or any lienhoifler of
Ynt►tr�r v�hicle ahall have � right �o
City upan paym�n� oP all �owing and
-3-
an abanfloned �1.,- ���}����'� ��"Sy•}.y•HIYsX�'^��SC•yT
:�i•II� a'''�M�.�If �`r���vfT�.7,INRy.�ki'SR
r�claim such ve�i�c�e �"rom 'the
stoxage charges resulting
�
�"�
from takinq the vehicle in�o oustody with fifteen (15) days after
,—� �he da�e af the notive required by 6ection �14.05.
�. Nathing in this Chapter shall be canstruea to impair �ny
lien a� a garagekeeper under the laws of this state, or th� right
oP a li�nholder to tor�close. Fax the pur�ases of this Sectian,
"garag�keeper" is an op�rator of a pmrking place or
establiehm�n�, an opera�or or a mo�vr vehicle storage �acility,
ar an operatar of an establishmen� ror tlie servicing, repair or
maintenance of m��cr vehicies.
�: .:�k:.L`:2:°�e5
2. Hamring.
Any property owr�er who Psels aggri�v�d b an eL°����-�Y�=
,� impoundment af a vehicle under thi.s
ohap�er may request a hearing be�ore the Heari�ng Examiner. such
reques� shall be Piled in writing with the o�riae oP the
Conanunity Development Dire��or wi�hirs twen�y (20) days afte� the
date af service of the natiic� by the Code �nfdreement� afficer or
other duly autharized �gen�. The Cammunity Development.Director
�h��.l nc�tify the Hearirig Ex��miner who sha].1 notify the propsrty
owner af the da�e, �ima and place oP the hearing. The hearing
sh�li be a�nduct�d ne more �han �wenty (�0} d�iys a�ter the
H�aring Examiner rec�ives na�ice oP the reques�, un].ess a�.atex
date is mutually agreed to by the Hearing Examiner, the property
owh�r �nd the City. Soth the p�operty owner and the City may
appear at the hearing with counsel and may call such witnesses
and present such �vid�nc� as is det�erm�.ned Uy th� Hea�'�11g
Examiner to be relevant. WitYtin tert (10) days a�ter such
� he�r3.ng, the Heari.ng Examiner sha�l af�ixm, repeal or modify the
order of the Cade Enforcement Ogficer or vther duly__authorized
- - - . . ... .. .
�,.
__ - ti �..:SY"Y$:;�y� : . �r ..�iaT:�T.:'::L s�':�"�'<�`s" c^:x::�°"''' 2:� ..••:.y&w''L:d:ai2 x:w36Cica.; ic;;6ah::� - �S:a:ycu. " ».Ya....,-,.�
'�� '$�..,�,A.�� �m�`{���� �;`��:,������.�k�t`��;'��=��l,,��;����!:�" e Hearing xamirier's
Rt�.. �z?t� �%�:'� 'T 4f s2? �:w:.�:..�:.�,µ...c...,..,,�.... .,. .ya,..�
orc�er siza��.�"�e accompanie""�c' `by �writ�en '�iridings of fact, and may
include a�inding. of Pavt as to the -a�e�-e%�� �re e
L. ! 4 L 4wa.! _
.a _ a i -t a..... t.s �,. a...,....... a- � --
� I � L�i�V1�.Yro 1r
��--�tt��a�a���. ��:��t��w�s�F�;��a���:�?a�,�iv���t�. Any person aggr.ieved
by the decision "o��"�he``�ear`ing �x�miner�"may appeal ��a� decisian
�o �he City Council by £iling notice of such appeal with the
-4 -
Gommunity ��velapment Director within twent 20 da s o�
a�n►�...i sxi -- .. � .� .,. �,,� ,: Y ( ) Y
� ,....4rv��r-cii2�f?!��j:�.��i�}��i; �::.��-` HB
,:�� .,..:�<�iii� aring Examiner's �
decision. At its naxt avaz�.a��le`"�reguTar'h'meating fol.lowing the
Pilinc� af a na�tice oP appeal, the council sha].l reviaw the
de�isian a�nd findings oP Pact of �.h� Hearing Examine.r and sha�7.l
r�ffSrm, repeal or modiPy tha� decision. IP the council affirms
ths� Hearin Examiner s deaisi.on declaring at
„ . .... .
� . �,. ~,v.0..;..;;I ti�
�°��� " ''���� �,'�'� :": exis�rx hthe Cit ahall a�e
. , .. . . . .
� . w . ...%�::.«.. �».....
'����°'�.�. . " �' M �,"" aiter
twenty (20) days fa].lowing t e�� ounci� s�°`�inai"�'��Q��;�t�r��i,
unless the property awner obtiains � court arder ta the contrary
within e�id twenty (2oj days.
114.0� 1�IJ$LtC SAY,�
1. A� abarldoned �;��: ��� �;���,�.�.,� motor vehicle taken into cus�ody
and not reclaimed un e`r`�`'�ec�ion'R114.OG sb�►�.7. be sold to the
highest b�.dder at public auction or s�le, follawing nat�ic�
publieh�d a reasonable time in advanae. �he purahaser shaii be
give�.a re�etpt in a iortn prescribed by the City which shaii be
su�Picient title to dispose r�f the vehicle. The receipt shecll
also entitl.e the purchaser to register the vehicle t�nd receive �►
certificate og ti�le, free and ciear of ail liens and �laims af
owno�chip.
}�[}rd. rr .t:ttK:"c.�.�'i�'i. i,.�+{1.. ^�}.^�'a•�r.�v](���.Y: :,:. I.w. r
� t "!, •�.��Qry'i�YifH`ti�"•"�11����N'IYk�li'.If��l��
:L. . AvR����'�.�'L'. .r�.i�',F'i'�.t2<'.i•.2�:i''v.'•%Y.•!�?<va:a.c:a;w:;�c;;;u:wsu<;;a:x:;3�>�.*t� S¢��
C:�T6t�11G\f�fdleyiYehjGl�.Ord
�
-5- �
I�,
FP,UM BRP.NG GU�S' � STEFFEN 1. 4.1596 10=1� F. 3
RELEABE OF gROHERTY
I am the awner oP property locatecl a�
(the +�property'' ) �
Fridley, Minnesota. T al.ao own th� items ot per�onal proporty
mor� complete7.y described in Exhibit A(the "items").
pri , 19 , the Ci.ty of Fridley
served natice up�n me that the storage of �he i�ems de�ail.ed in
Exhik�i� A vio�a�tes City ordinances and constitutes a public
nuisance. I did not request a heaxing challenging the Cit�y's
detesm�.na�.ic,n vf the cod� vic�la�ion and the Cii:y remav�c� th�
3tems. .Pursuant to the code, I am collecting the itema removed
from my property. I unders�and that as a oonditicn of abtaining
tha items Y will have to pay tor all costs assoaiated with the
removal and storage, as well as an additional 25$ charga to Cover
the vost af th� Gity'r adin�.nistration of the ardinance.
I under�t�nd and agree that the ,items a6 they wer� taken
from my property, violate the City's ordinance. I h�reby state
. that the items wi].3. nat be returned to the praperty in violatfc�n
of City ordinances. Z ur►derst�►nd that if additional removal is
deemed necessary by the City, notice will be p�ovided to me �f'�.er
the removal takes place. All other provisions of City ordinance
� 128, including the right to a hear.�ng, w�ll still apply. The
notio� servQd an mc� on , 19 , a6 well
�s th�g release, �onstitutr� my notic� th�tt �he storAg� of the
items lis�ed in Exhibit A mus� be in conformity with City
ordinanae�.
�
0�\mur+fc\frldl�y\rsleane.p�o
EXHIBIT D
PUBLIC HEARING
BEFORE TI-�
PLANNING C011�IlVIISSION
Nofice is hereby givett that there will be a public heazing of the Fridley Planning Commission at the
Fridley Municipal Center, 6431 University Avenue N.E. on Wednesday, February 7, 1996 at 7:30
p.m for the pwpose of:
/'�
Consideration of an ordinance amendmeirt recodifying the Fridley City
Code, chapter 110, entitled "pUBLIC NUISANCE", by omitting
section 110.06, "PENALTIES", and adding sections 110.10,
"DRIVEWAY NUISANCE", 110.11, "COMPLIANCE", 110.12,
"ASSESSMENT", 110.13, "PENALTIES"; and chapter 114, entitled
pABANDONED MOTOR VEHICLES", by adding sections 114.07,
"HEARING", and 114.09 'DISPOSAL AUTHORTTY" and amending
sections 114.01, "POLICY", 114.02, "DEFINITIONS", 114.03, .
"IIVIPOUND", 114.05, "NOTICE", 114.06, "RECLAIM", 114.07,
"PUBLIC SALE"; and chapter 128 entitled "ABATEMENT OF
EXTERIOR PUBLIC NUISANCES", by adding section 128.07,
ernitled "R�T FASF OF PROPERI Y" and renumbering the rema,ining
sections consecutively. �^\
PUBLIC NUISANCE - DRIVEWAY
The purpose of the public nuisance ordinance amendments is to classify gravel and/or dirt driveways
as a nuisance and prohibit their use. These provisions will require all gravel driveways to be paved
five years from the adoption of the ordinance. A draft of the proposed changes are listed below.
ABANDONED MOTOR VEffiCLE _ ,T[JNK/ITNSAFE VEgICI,E
The purpose of the revisions to the abandoned motor vehicle code section is to define the process for
the abatemern of junk or unsafe velucles. These impoundmentlabatement provisions will increase the
efficiency in which junk, unsafe, or inoperable vehicles can be removed from private property. A
draft of the proposed changes aze listed below.
ABATEMENT OF EXTERIOR PUBLIC NUISANCES - RELEASE OF PROPERTY
The purpose of the revision to the Abatemerrt of E�cterior Public Nuisances code section is to explain
in detail the release of abated property back to the owner. Affected property owners will be required
to sign a release form when they cla.im the property. The release form will prohibit the return of
property to its original locaxion if it continues to be in violation of City ordinances. A draft of the
proposed changes are listed below. �,--�
�"�
� � _ � N. YI__y
�J
110. PUBLIC NUISANCE
110.10 DRIVEWAY NUISANCE
Gia.vel. dirt. or un�paved driveways endan�er the safe�t ► healtb, comfort or renose of a considerable
number of inembers of the public D�sits from these driveways obstxuct Citv storm sewers and
detemion ponds. and detract from the aesthetic character of the property Furtheimore. �raveL dirt
or unpaved drivewa.ys do not ad�uately define orderly_parkin� az'eas, theY allow unsi�htiv ruts and
ditches and can cause exc�ive sprayin� of graveL dirt and dust on nei h�g.properties Fuiallv.
gra.vel. dirt. or unpaved drive�va.ys do not protect the environment from the seena�e of vehicle fluids
which c�n cause signific�rt environmental heaith risks to the community Therefore. �ra.vel. dirt and
unpaved drivewaxs are hereb� declar� a public nuisance.
110.11 COMPLIANCE
Owners of residential properties containin� �ravel. dirt. or unpaved drivewavs shall construct
hardsurface drivewa.ys by April 1, 2001 All driveways shall be surfaced with blackton, concrete or
�''� other hardsurface material a�nrov� by the Citv.
. _ :_,
110.12 ASSESSMENT
All assessments levied for the r�avment of a hardsurface driveway installation shall be reimbursed
in accordance with terms and conditions outlined � the Ci.ty Council Such assessment shall be
levied under authorit�granted by 1Vfinnesota Sta.tutes 429.061.
110.13 PENALTIES
Any violation of this cha.pter is a misdemeanor and subject to all penalties provided for such violations
under the provisions of cha.pter 901 of this Code.
�"��.
114. ABANDpNED JUNK OR UNSAFE MOTOR VEHICLES i�
114.01 PURPOSE
Abandoned iunk and unsafe motor vehicle.c constitute a hazard to the health and welfare of the
residents of the community in that such vehicles can harbor noxious diseases, furnish shelter and
breeding places for vennin, and present physical dangers to the safety and well being of children and
oth�' citizens. Motor ve�ricles contain fluids which if released "urto the environment c�n and o cause
��'ficam health risks to the community The condition of vehicles that are junked and abandoned
or unsafe si�uficantiv mcrease the lilcel�hood that these dangerous 8uids might be so released
Abandoned �unk or unsafe motor velucles aad other scrap metals also constitute a blight on the
landscape of the City and therefore are detrimental to the environment. The abandonment and
retiremern of motor vehicdes and other scrap metal constitute3 a�e of a valuable source of useful
metal. It is therefore in the public i�er�t that the present accumulation of abandone�cl junk or unsafe
motor vehicles and other � metals be eliminated, that fi�ture abandonment of motor velucles and
other scrap metals be preve,nte�, that the expansion of existing scrap recycling facilities be develoPerl,
attd that other ac�ceptable and economica,lly useful methods for the disposal of abandoneci junk or
unsafe motor vehicles and other forms of scrap metal he develop�. Because of these significant
concems. the Citv is amending this s�tion These amendments shall be effective for any violation
wluch occurs throu�h March 30 1997 at which int the amendments to this se.ction will have no
further force and effext uniess a further amendment is enacted. �
114.02 DEFINITIONS
1. Abandoned Motor Vehicle.
A motor vehicle which has remained outdoors on �raperty v�iithin ths Ci,ty for a period of more than
48 hours on public property illegally , r has remained for a period of
more than 48 hours on private pruperiy without consent of the person in control of such properiy or
in an inoperable condition such that it has no substantial potential for further. use consistent with its
usuai fundions, unless it is kept in an enclosed garage or storage building. It shall also mean a motor
vehicle voluntarily sutrender� by its owner to the City or a duly authorized agent .of the City. A
c�assic car or pioneer car, as defined in Mumesota Statutes, Section 168.10 shall not be considered
an abandoned motor vehicle with the meaning of this Section
?. Unsafe Motor Vehicle
Anv vehicle located outdoors on nronerty within the City in which any svstems including, brakin�
s_teerm� susoension. electncai hehtYn� motor, drive train systems are not functionin� or a vehicle
which cannot leeallv be dnven or is in violation of any state fe,�ieral or local vehicle uipment or
safetv reeulatton mcludui� but not lumted to 1Vrnnesota Statutes 169 468 to 169 75
�,
�
�,
3. Junk Motor Vehicle.
A motor vehicle which is loc�ted outdoars on prouertv in the City wluch meets anv of the followin�
criteria shall be defined as a jw�ic vehicle:
,� Any motor vehicle which is not in operable condition.
� Any motor vehicle which is�artially dismantled.
c. A�motor vehicle which is a source of repair or replacement parts for other vehicles.
d. Any mator vehicle wlrich lacks component narts•
e. Any motor vehicle which is not ament re�istered and properly licensed for oueration
with and by the Sta.te of Nfinnesota.
4. Vital Component Parts.
Those parts of a motor velricle that are essential to the mechanical functioning of the vehicle,
including, but not limited to, the motor, drive train and wheels.
� 5. Motor Vehicle Definition.
A machine propelled bypower other than human power designed to tra.vel alon� the �ound bv use
of wheels, treads runners or slides and transports persons or prope or pulls machinery and sha11
include without limitation, automobiles trucks trailers motorcycles, tractors, 3-wheelers. M
wheelers and snowmobiles.
114.03 �B-ABATEMENT
The City, or its duly authorized agent, ma.y take into custody and impound any abandoned 'u� nk or
unsafe motor vehicle.
A vehicle ma� be impounded after notice of such propos� impoundment (in a form similar to that
set forth herein) has been securely attached to and conspicuously displayed on the vehicle for a ueriod
of five days prior to such imuoundment excludin� Saturda ►�s, Sundays and city holida.vs for the
following reasons:
a. When such vehicle is parked and/or used in violation of any law. ordinance or
re�ulation or
b. When such vehicle is abandoned junk or unsafe.
/��
114.04 VEHICLES IlVIIVV�DIATELy SUgJECT TO PUBLIC SALE
�
When an abandoned motor vehicle is more thatt seven ('n model ye�s of age, lacks vital component
parts and does not display a lic�se plate cun.e�y �d ���� or in any other state or foreigtt
country, it shall immediately be eligi'ble for sale at public auction and shall not be subject to the
notification or reclamation procedures established by this Chapter.
114.05 NOTICE
1• When an abandoned motor vehicle dces not fall within the provisions of Section 114.04, The
city shall give notice of the taking within ten (10) da.ys. The notice shall set forth the da.te and place
of the taking, the year, malce, model and serial �. of the abandoned junk or unsafe motor velucle
and the P1ace where the vehicle is beang held, shall inform the owner and any lienholder of their right
to reclaim the vehicle under Section 114.06 and shall state that failure of the owner or lienholder to
exercise their right to reclaim the velucle shall be deemed a waiver by them of a11 rights, title and
interest in the vehicle and a consent to the sale of the velricle at a public auction pursuant to Section
114.07.
2. The notice shall be sent by mail to the registered owner, if any, of the abandoned junk or
unsafe motor vehicle and to all readily identifiable lienholder of record. The norice sha11 be mailed
to the re�istered owner at the address provided by the motor vehicle division of the 1Vfinnesota.
arlmetrt of Pubhc Safety or the correspondin�agency of azry other state or province A copy of
such nobce mav be sent to the nropertv owner where the velucle is found if the person mailing; the �,
not�ce has reason to beheve that the re�istered owner of the vehicle or one who claims to be the
re�stered owner of the vehicle, is residing or in custody at some different address a cony of the
n°tice s1�a11 also be mailed or nersonally deliver� to such owner or claimant in a manner designed
as nearlv as mav be practicable, to �ive actual notice to him or her If it is impossible to determine
vv�th reasonable G�rtainty the idernity and addre,cs of the registered owner and a11 lienholder, the notice
shall be publisheri once in a newspaper of genera.l circulation in the area where the motor vehicle was
abandoned junk or unsafe. Published notices maq l� grouped together for convenience and economy.
114.06 RECLAIM
1. The owner or any lienholder of an abandoned junk or unsafe motor vehicle shall have a right
to reclaim such vehicle &om the City upon payment of all towing and storage charges resulting from
taldng the vehicle nrto aistody with fifteen (15) days after the date of the notice required by Section
114.05.
2. Nothing in this Chapter shall be construed to impair airy lien of a garagekeeper under the laws
of this Sta.te, or the right of a lienholder to foreclose. For the purposes of this Section,
"garagekeeper" is an operator of a parking place or establishment, an aperator of a motor vehicle
storage facility, or an operator of an establishment for the servicing, repair or maintenance of motor
vehicles.
3. To reclaim a motor vehicle impounded nursuant to this ordinance the owner or lien holder �
� must pav atry costs and administrative fees inaured by the C•riy and must aQree to relocate the vehicle
in accordance with locate state and federal reg,ulations The owner or hen holder reclaimm� such
vehicle shall sign a"Release of Propertv" and shall agree to immediate imvoundment wnthout nottce
if such vehicle again violaies this ssction In addition. the Citv may require a bond to be aosted if said
vehicle has been subiect to a nrior im�undment
114.07 HEARING.
�Y Properiy owner who fe�ls aggtieved by an e�a r..�. n a r. c + nsx ,... ,.+t,
�
impoundment of a vehicle under this chapter may
request a heazing before the Hearing Examiner. Such request shall be filed in writing with the office
of the Community Development Director within twenty (20) days after the date of service of the
notice by the Code Enforcement Officer or other duly authorized agent. The Community
Developmart Director shall notify the Hearing Examiner who shall notify the properiy owner of the
date, time and place of the hearing. The heazing shall be conductetl no more than twenty (20) days
after the Hearing Examiner receives notice of the request, unless a later date is mutually agreed to
by the Hearing Examiner, the properiy owner and the City. Both the properiy owner and the City
may appear at the hearing with counsel and may call such witnesses and present such evidence as is
determined by the Hearing Examiner to be relevarn. Within ten (10) da.ys after such hearing, the
Hearing Examiner shall affirm, repeal or modify the order of the Code Enforcement Offcer or other
duly authorized ageirt. Notice of the decision shall be mailed to the owner at the address �iven in the
hearing request. The Hearing Examiner's order sha11 be accompanied by written findings of fact, and
!",, may include a finding of fact as to the �� ° ' �``' � ''� � ` ` ' ''°°�
., ,
violation of this cha�. Any person aggrieved by the
decision of the Hearing Examiner m,ay ap�al that decision to the City Council by filing notice of such
ap�al with the Community Development Director within twenty (20) days of �e�e�e-e€-�e
the mailing of the Hearing Examiner's decision. At its next available regular meeting following the
filing of a notice of appeal, the Council sha11 review the decision and findings of fact of the Heaxing
Examiner and shall affirm, repeal or modify thax decision. If the Council affirms the Hearing
Examiner's decision declaring that a violation of this chapter exists, the
City shall proceed to sell the vehicles after twenty (20) days
following the Cauncil's fmal determinatioq unless the property owner obtains a court order to the
contrary within sa'td twenty (20) days.
114.0�8 PUBLIC SALE
1. An abandoned junk or unsafe motor vehicle taken into custody and not reclaimed under
Section 114.06 shall be sold to the highest bidder at public auction or sale, following notice published
a reasonable time in advance. The purchaser shall be given a receipt in a form prescribed by the City
which shall be sufficient title to dispose of the vehicle. The receipt shall also entitle the purchaser to
register the vehicle and receive a certificate of title, free and clear of all liens and claims of ownership.
2. Dis�osin� of unsold vehicles Abandoned vehicles not sold pursuant to subdivision 1 shall
be disposed of in accordance with 1Vfinnesota. Statute 168B.08 and 168B.09.
�,
3. Disposi6on of sale proceeds From the proceeds of a sale under this section of abandon� ,�
motor vetucle the Crtv snall reimburse itself for the cost of towing,�preserving and storing the velucle
and all admimstrahve notace and ubhcahon costs incwred in handlin the vehicle ursuant t
sections 114.01 to 114.09 Anv remainder from the proce�s of a sale shall be held for the owner of
the vehicle or e�tled henholder for 90 da. and then shall be d sited in the tr f the writ of
govemment
114.09 DISPOSAL AUTHORITY
1. Units of government The Citv may contract yvith others or may utilize its own equipment
and nersonnel for the mventorv of abandoned motor vetricles and abandoned scrap metal, and if no
bids are received mav utilize rts own eqt�ipment and personnel for the collection, storag;e and
transnortahon of abandoned motor vehicles and abandoned scrav metal nrovided. however, that a
umt of govemmerrt mav ut�lize its ov�►n equipm�t and pe�.sonnel for the collection and stora.ge of not
more than five abandoned motor vehicles without advertising for or receiving bids in any 120 da.X
enod•
�
r--� 128. ABATEMENT OF EXTERIOR PUBLIC NUISANCES
128.07 RELEASE OF PROPERTY
To reclaim those materials that have been remov� in accordance with 128 � the owner or lien
holder must pav any costs and administrative fees incwred by the Ciri The owner or lien holder
reclaiming the materials shall sign a"Release of Property" and shall agree not to return the items to
their original loca.tion in violatian of City ordinances If adtiitional removal of the same or similar
items is deemed ne�essazy by the CitX, an abbreviated but reasonable notice period will be provided
before removal takes place All other provisions of Citv ordinance 128 includin� the ri�ht to a
hearing, will still apnlv.
Hearing impaired persons planning to attend who need and 'uiterpreter or other persons with
disabilities who require auxiliary aids should comact Roberta Collins at 572-3500 no later than
January 31, 1996.
Any and all persons desiring to be heard sha11 be given an opportunity at the above stated time and
place. If you desire a copy of the proposed amendments or have auy questions related to this item,
please contact the Fridley Community Deveiopment Department at 572-3593.
�
DAVE NEWMAN
CHAIR
PLANNING CONIlVIISSION
Publish: January 25. 1996
February 1, 1996
��,
a
RATIONALE FOR HARDSURFACE �
Dl��rVEWAYS
l. Promotes visual appeal and neat appearance of single family
properties.
2. Restricts vehicles to one area of the lot instead of allowing
them to be scattered across the yard.
3. Eliminates the nuisance of gravel being sprayed on
neighboring yards and avoids unsightly ruts and ditches.
4. Eliminates problems created by blowing dust.
5. Protects soil from contamination due to oil and other vehicles
fluids. �
6. Serves to maintain property values by promoting a more
attractive appearance.
7. Reduces maintenance costs incurred when ruts are "evened
out" or gravel is replaced.
8. Promotes parking requirements consistent with that of other
zoning districts.
9. Prevents soil and gravel from eroding onto the street and
being deposited into the City's storm sewers and detention
ponds.
�
�
��
i _
�
DATE:
TO:
FROM:
SUBJECT:
Backqround
Community Development Department
PLANIVING DIVISION
City of Fridley
October 21, 1993
William Burns, City Manager
V Barbara Dacy, Community Development Director
Ordinance Amendment to Require Gravel Driveways
to be Paved
The City Council. recen.tly adopted an ordinance amendment which tied
the "behavior" of parking cars to parking on hardsurface'driveways.
During that discussion, the �City Council directed staff to
investigate an amortization ordinance whereby owners of properties
having a gravel or non-hardsurface driveway would be required to
pave the driveway by an established date.
Planning Commission Action
The Planning Commission discussed this•issue at its September 8,
1993 meeting and also the September 22, 1993 meetinq. The Planning
Commission on a 3-2 vote recommended that the City Council pursue
an ordinance which would require that all non-hardsurface driveways
become hardsurface driveways.
The Commission members who voted in favor of the ordinance
amendment agreed that it is important to require paved driveways.
They agreed with the eight purposes of a hard surface driveway as
proposed by staff (see attached). They also noted that other
first-ring suburbs have addressed this issue. Roseville has
recently required a five year amortization period for all owners
to pav� drivewa�s. The Commissioners voting against the prop�sal
were concerned about the financial impact on the property owners.
�nThile only 15 of the 337 property owners who have gravel driveways
are considered "low income" (we checked the water billing records),
the average cost of a driveway improvement can range from $875 -
$1,250. Some households may not be able to afford the extra
expense (see attached cost chart). The Commissianers thought that
the money would be better spent on improvements to the home itself.
The Commissioners thought it would be better enforced through the
sale of a home or when a building permit is issued.
Gravel Driveways
October 21, 1993
Page 2
The Planning Commission also provided the following specific input
for the City Council to consider when�developing�the ordinance
amendment:
A. What materials should be considered acceptable in meeting the
hardsurface requirement?
The Planning Commission recommended concrete, bituminous, brick,
and concrete pavers (see article from newspaper regarding concrete
paversj as acceptable materials.
B. How long should properties have to pave driveways?
The Planning Commission recommended that the driveway be paved when
one of the following instances occurs first:
* Five years from the adoption of the ordinanae
* When the property is sold .
* When a permit is required from the City
e a `
��
C. Should additional time be granted for property owners with �
driveways in excess of 50 feet?
The Planning Commission recommended that it was not necessary to
establish a different time frame.
D. Should a hardsurface driveway to accessory structures in the
rear yard be required?
The Planning Commission recommended that the hardsurface
requirement not be imposed if the secondary/accessory structures
are used for storage facilities.
E. Should there be some type of assessment process?
The Con�nission encourages the City Council to make the special
assessment process available to homeowners, and to make every
effort to include this improvement with other improvements in City
programs for rehabilitation or repair.
Staff Comments on Planning Commission Action
Part of the Planning Commission recommendation includes a provision
to require the driveway to be paved when the property is sold.
� Staff is concerned about this option because there are
approximately 400 - 500 sales during a calendar year. An ordinance ��
similar to the ��truth-in-sale�� apprc�ach would have to be developed
Gravel Driveways
� October 21, 1993
Page 3
to require the driveway to be paved. Staff recommends that this
provision be included in a truth-in-sale ordinance if the City
Council and HRA choose to adopt one. This type of ordinance was
scheduled for consideration in 1994. Creating an ordinance solely
for paving the gravel driveway would be costly at this point if the
City were to pursue a broader approach pertaining to the house
�tself in the near future.
Paving a driveway is an acceptable expense under all of the City's
current grant and loan programs. An additional allocation of funds
toward this particular project would have to be considered by�the
HRA. Staff would recommend the ffitA not allacate additional funds
for paving driveways. We believe there are other projects such as
multiple family rehabilitation programs which are higher in
pr.iority. •
Also, should the City Council decide to pursue the ordinance
amendment, we would like to schedule ordinance consideration
adoption for the first or second quarter of- 1994 to enable us to
finish other ordinance processes (nuisance abatement and wetland
overlay).
� CitY Attorney's Opinion
Also attached is an opinion from the City Attorney reqarding
rahether or not the cost for paving driveways can be assessed. The
Attorney states that the City does have the authority to contract
with homeowners for the installation of the hardsurface driveway
if it were to be determined in the ordinance that an unpaved
driveway constitutes a public health or safety hazard, is a
nuisance, or constitutes a hazardous condition.
Summarv
As evidenced by the close vote in ��e Planning Commission motion,
there are mixed feelings about proceeding with this ordinance
amendment. Staff is ready to carry out and implement an ordinance
if it is decided that it is necessary; however, the implementation
of the ordinance will require a significant amount of effort,
including notification of the 337 property owners, conducting at
least two public hearings (one before the Planning Commission and
one before the City Councilj, arranging for special assessment of
properties who choose to be�assessed, and inspection of the
properties five years from the adoption of the ordinance to insure
compliance.
Should the City Council choose not to proceed with an ordinance
�`amendment, staff will continue to enforce a policy which would
Gravel Driveways
October 21, 1993
Page 4
continue to allow the gravel driveway, however, cars must be parked
on the driveway area and.not scattered.across the lot. Further,
�we will encourage homeowners to take advantage of the City�s
asphalt contract. We will also continue to require that driveways
be hardsurfaced as part of special use permit, variance, or other
requests.
BD/dn
M-93-618
�
�
�
�� _
�
n
0
To: The Planning Commission
From; Mary Matthews
Re: Driveways
At your suggestion, as I am not able to attend the January 31,1996 hearing, i am
writing this letter to ask consideration not to include my entire driveway in the newly
proposed code. The house was architecturally designed so the natural terrain woutd
be disturbed as littie as possible thus preventing erosion and keeping the natural
terrain.
Brief History
We picked the lot because of i#s uniqueness. (It's a natural upheaval caused by the
glacial flow through the area.) We had a friend (architect) check it out to see if it was
buildable. He designed a house that �ould disturb the hill very little, but it did require
measures to prevent erosion ie, catch basins at the corners of the house and garage to
catch water run off and pipes under the ground to disperse the water. V1/e also worked
with Bachmans and a landscape architect with landscaping that would have root
systems to control erosion. We pla�ted many trees native to Minnesota that were
pollution resistant and would provide food for the birds. {green�ash, Seberian Pea,
mapfe, Norvuay, etc.)
The top of the hill is our only flat area and served as our yard and driveway. IVlaterials
were suggested that would both retain and provide drainage thus preventing run off
and erosion of the hilt. Eight by eight wood frames the mixture of gray trap rock, a
c�ment mixture that was tight but settled ihe rock on the clay base.
The trouble spot was where the drive and street meet. Sewer flushing washed dirt
and rocks into the street (a concern) so this for about 5 feet was repiaced with stone.
It seems to have corrected the problem.
Other than #he irouble spot we have had no serious erosion problem. The rock drive
lends itself to the naturaf aesthetic wre worked to preserve. It has not been a problem
to my neighbors as it does not throw dust and actuatly it can't be seen by them.
I hope you wiH discuss further w+th me the problem. Enclosed please find articles, a
photo of the hill before our years of planting, and landscape plans. Should you need
more in#ar please call (work) 293-8680 or a#ter 5:30 p.m. 571-1208.
MMlmm
enc