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03/21/1994 - 4912;� y3 � t � �y � F OFFICIAL CITY COONCIL AGENDA COIINCIL M88TING ' - MP,RCB 21� i994 � ¢ �;: - � , , :» ,1 A. V i _ i,�' . �y � ,y +�;�- ' as fa':;rs�. �;. Y : � ,: � � „ ��} , � � ��°,'o' r ' _ . � _ . - �r�,�,�,4..; �e*;. � .s�: # � . ' .. . ;�� ?'s . �� _ s �< �: 'z� ° *�' " �.��k �-� �� .. � . unror Fr�a�r FRIDLEY CITY COUNCIL MEETING ATTENDENCE SHEET Monday, Maxch 21, 1994 7:30 P.M. PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN PRINT NAME (CLEARLY) ADDRESS ITEM NUMBER '� � ��/..� 5 ��-�.� �7 rZ� c � v �- /-/ ,-. �� ` ,�--, �� ,' � ��J �/� - l F - � ;y=� � �' �� _, , �--- �/� I G ti�'-�� ` .� �-t.� � — l � �'i ��rJ � Gt�G :0n1 � � o � �+� ,/l.�G �D � �►�. S � wt. k.aa r�-�� S Z 4 -- ( �.: � ��n�- c t �5r3� �� rd/� � �� l �e l�'�� . �w�s �� L�;�� -6 � � 6� � res' .S�ei.�.�.. �e�.�.D .� -� �. � � � ,j��,rno��:�ss� , vr .�.�_ �N�s�� : �� . . � ^. � . . _ �= � �: � -�i . � � N �� << � �. �-.� � � �U � � r�� 1- � � i` � � G,. � > > - �'j , �.. /-- / � � "�- L�i � � - -- - �,i�G - � j!� ��-, - � �- a� � �� ss�� -1 � � 1:��. ;��.�: ��- �s ��' ��U ��z� �i� c�. :{ :; -� � � _, ' i S � FRIDLEY CITY COUNCIL MEETING OF MARCH 21, 1994 Page 2 ADOPTION OF AGENDA: 4PEN FORUM, VISITORS: (Consideration of Items Not on Agenda - 15 Minutes) PUBL.IC HEARINGS: Continuation of Public Hearing for Proposed Amendment to Chapter 220, Entitled "Residential Rental Property Maintenance and Licensing Code" . . . . . . . . . . . . . . . . . . 1 - 1 F Stinson Boulevard Street Improvement Project No. ST. 1993 - 7 . . . . . . . . . . . . . . . . . . . . . . . . . . 2 - 2B OLD BUSINESS: Second Reading of an Ordinance Amending Chapter 4 of the Fridley City Charter (Tabled March 7, 1994) ....................................... 3-3C FRIDLEY CITY COUNCIL MEETING OF MARCH 21, 1994 Page 3 OLD BUSINESS (CONTINUED�: Second Reading of an Ordinance Recodifying the Fridley City Code, Chapter 205, Entitled "Zoning," by Adding 205.27 (0-4 Wetland District) and Renumbering Consecutive Sections, and Amending Chapter 11, "General Provisions and Fees" . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 - 4BB List of Fridley Commission Members Whose Terms Expire April 1, 1994, and June 9, 1994 (Tabled January 18, 1994) ....................................... 5-5A NEW BUSINESS: Approve Termination Agreement with RMS, Inc., Generally Located at 7645 Baker Street N.E. . . . . . . . . . . . . . . . . . . . . . . . . . . 6 - 6F ♦ DAYS OF REMEMBRANCE OF THE VICTIMS OF THE HOLOCAUST APRIL 3- APRIL 10, 1994 William J. Nee Mayor Fridley, MN Tf//I/�'R��IS, six mi.l,l.ion Je�vs were systematica.11y murdered by Nazi Germany and thci,r coll,�rbora.tors fro�n 1933 to 1945, as well as hu�ulreds of thotcsands of Sinti and Roma (Gypsies) a�zd tlie lia�adicapped; millions of Poles, religious and political dissidents and th.ose deemed by th,e 1�'azis to be "unlvorthy of life" were swept into this abyss; and f�/HEPEAS, all CLG1ZC�ts of t/ae Un.ited States slzould rememGer the a.trocities committed Gy Nazi Germany anc� t/tieir collaborators a,nd recognize that each of us must remain vigila,nt agai�zst tyra.nriy; and l�I�ER�AS, 1%riday, April 8, 199�, has been designdted, pursua�zt to an Act of Congress, as a Da.y of Reinembrarace of tlae Vi.ctims of the Holocaust, known interna.tio�aa.11y as Yom Hcr.slioala; a�id f!'�HL'PEAS, i,t is appropri.ate for the cilizens of the City of Fridley to join in t/ars com�nemoration wi,t/a t/LC U�iited Sta.tes Holocaust Memorial Museum, tlais nation's center for l,ea,r�ai,�zg arzd remern.brance of tl�te Holoca.icst; NO[X/ TH�PEF4PC, B� IT PESOLVED, that I, Widliam J. Nee, Mayor of the City of !%ridl,cy, Itereby procla.i.�ra G/�e week of Sunday, April 3, througla Sunday, April 10, 1994, as Days o� Remembrance o£ the Yictims of the Holocaust i.ra I�ridley i�a nacirtoryo uf t/cose victi.ms and in the hope t/ia.t we zvill strive, as a nation a.n.d i.rr.di.��idrec�l,ly, eo overco�ne prejudi,ce a.nd inliuma�zity tlarotaglz edu.ca.ti.o�z, vigilance, and Lol,el-a.�t.Ce. /N [�/1'!'NESS (�HEREOF, I laa.ve set �ny hand, and caused the sea,l of the Ci�y of Fric�ley �o be affi.xed th,is 21 st day of Marcli, 199�. tX/illi.am J. Nee, 117a.yor ',*y�� . � . - . ..a,,. .`a . . ... �'.r - �g; 9- ,� ;s-� � , v'.: . � . . . . � -_.� .�':: ' . � � . . ' -:a - m{ . . . - . � �� .' d THE MINIITES OF TH8 �'RIDLEY CITY COIIN�IL �ST� O�.:a �,{ �� `. < �� 4 MA1tCH 7 � 1994 } ; ;� t, � � . , . ,�, � , .,�..,- , ��;. - . . . 3 , � �i�' � ' - . . - �, !. � . � ' �V ' `:�� . � .. .. : � t ' ` �, § � . . j � F `.,+5� . . ' � , �� _ � '� � E . ' � �` ,� '� � � �#.�� s ,, �'� . fi 4¢ � . � . . � d, �. � . . . . � . . ':g � , � . � k s �� . . 'iz.;� k.` . . . �,�„ 7 �; _ �' z� ', �'r r g �> � s - �' : s: � � �, � �. . � . � . � . . �� =a ..�,':: �r ��z i � t ., , < ; . . . ,.. .;. . `� „t �s. � f �t �: :e �, _ � t, '� +.: � L•. "} ~ � vs.. THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF MARCH 7, 1994 The Regular Meeting of the Fridley City Council was called to order at 7:34 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: - Mayor.Nee led the Gouncil and aud,ienc.e.in the Pledge of Al1eg'iance .� to the Fiag. . � . . � . _ . ROLL CALL• MEMBERS PRESENT: Mayor Nee, Councilwoman Jorgenson, Councilman Billings, and Councilwoman Bolkcom MEMBERS ABSENT: Councilman Schneider APPROVAL OF MINUTES: COUNCIL MEETING, FEBRUARY 22, 1994: . Councilwoman Jorgenson requested that in the last paragraph on Page 11, the minutes be corrected to show that the Anoka County Board had allocated $100,000 in their capital improvement plan for the Locke Lake Dam restoration. . MOTION by Councilwoman Jorgenson to approve the minutes with the above correction. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilwoman Jorgenson to adopt the agenda as submitted. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: There was no response from the audience under this item of business. PUBLIC HEARING• 1. PUBLIC HEARING ON PROPOSED AMENDMENT TO CHAPTER 220, ENTITLED "RESIDENTIAL RENTAL PROPEI2TY MAINTENANCE AND LICENSING CODE:" MOTION by Councilman Billings to waive the reading of the public hearing notice and open the public hearing. Seconded by Council- woman Jorgenson. Upon a voice vote, all.voting aye., Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:38 p.m. FRIDLEY CITY COUNCIL MEETING OF MARCH 7. 1994 PAGE 2 Ms. Dacy, Community Development Director, stated that there are a number of reasons why this proposed ordinance amendment is being considered. She stated that the existing ordinance was adopted fifteen years ago and needs to be updated and modernized. Ms. Dacy stated that the City also wants to establish a routine and systematic inspection of about one thousand rental units per year. which is.one quarter of the total rentai units in the City. She �stated that the proposed .increase in the iees� is to cover the� portion of an inspect.ion program. � Ms. Dacy stated that this proposed ordinance is one part of a comprehensive housing program which includes single family and multiple family rehabilitation programs. She stated that another part of the City's comprehensive program is to establish a rental owner/landlord coalition, which City staff has done. Ms. Dacy stated that some of the major features of this ordinance involves maintenance of the dwelling units, inspection, and licensing procedures. She stated that in regard to maintenance, the ordinance establishes minimum building and structural standards. S�he stated that these standards pertain to exterior appearances, plumbing, heating, electrical, and structural elements of the buildings. Ms. Dacy stated that licensing procedures have been amended to require owners to maintain an occupancy reg s�er, to have written procedures for responding to�tenant complaints, and for accountability far the behavior of tenants. She stated that license fees would be increased to cover a portion of the cost of the inspection program. Ms. Dacy stated that there was. concern in regard to inspections when this proposed ordinance was presented to the owners coalition. She stated that the concern was whether the City had authority to complete adequate inspections. She stated that the City Attorney has indicated there is case law to support such a program. She stated that City staff would work with the owners to establish a date and time for the inspections that is convenient to the owners. She stated that if an inspection is refused staff must obtain a court order or search warrant. She stated that a re-inspection fee will be charged if a violation has not been corrected by the third inspection. Ms. Dacy stated that at the meeting of the coalition, there was concern that a violation must be corrected within 24 hours. She stated that the Fire Department is using this policy only as a means to obtain a response from the owner when a complaint has been filed. Ms. Dacy stated that in regard to the licensing procedure, the owner must have a license to rent a dwelling unit. She stated that on the license application an agent or operator will be identified who can make repairs or remain accessible if the owner does not reside in the immediate area. She stated that owners will be asked FRIDLEY CITY COIINCIL MEETING OF MARCH 7, 1994 PAGE 3 to provide an occupancy register when asked to the Fire Department in regard to the number of bedrooms in a unit and the number of persons occupying a unit. Ms. Dacy stated that another change is in the licensing fees. She stated that these proposed fees were reviewed with the�owners coalition. She stated�that the amount of revenue generated fr.om the proposed fee increases.is.approximately $45,000. She �tated. that it is estimated the inspection program will cost $100,000, with two-thirds of this cost for personnel to conduct the inspections. She stated that the remaining costs would be for administration and computer equipment needed to implement the program. Ms. Dacy stated that the proposed ordinance addresses tenant behavior, and a written report must be submitted after two occurrences of disorderly conduct. She stated that failure of the owner to comply with this section of the ordinance may trigger a license revocation hearing before the Council. Ms. Dacy stated that in drafting this ordinance, staff has reviewed sixteen ordinances of other communities. She stated that this proposed ordinance has been reviewed with the coalition, and it is anticipated a number of persons will comm.ent at this public hearing. She stated that the City Attorney's office has been reviewing the ordinance and had some preliminary comments. These changes would need to be incorporated. Councilwoman Jorgenson asked for the number of rental units in the City. Ms. Dacy stated that there are approximately four thousand. Councilwoman Jorgenson asked for the number of complaints received each year from rental units. Mr. Dick Larson, Deputy Fire Chief, stated that last year 527 inspections were completed, and about two-thirds were complaints. He stated that the complaints involved no heat, water leaks, sewer backups, or insects in a unit. Councilwoman Bolkcom asked how long it had been since the fees were increased. Mr. Fernelius, HRA Housing Coordinator, stated that the original ordinance was adopted in 1964, and there was a$10.00 fee per unit. He stated that the current fees were adopted in 1981, so they have not changed in thirteen years. Mr. Steve Schachtman, President of Steven Scott Management, Inc., stated that he does not own or manage any property in Fridley, but his company manages approximately six thousand apartment units. FRIDLEY CITY COUNCIL MEETING OF MARCH 7, 1994 PAGE 4 He stated that he was one of the members of the task force in the City of Plymouth that successfully initiated a municipal monitoring ordinance and a member of the City of Minneapolis Licensing Review Board. Mr. Schachtman stated that the real issue is not better inspections, as Fridley does a very good job of inspecting their units.� He stated that one issue that needs to be addressed is the fees. He stated that there are 508 buildings that comprise rental buildings in the City of Fridley. He stated that to ask the owners to absorb a 165 percent increase to obtain a proposed revenue of $46,000 cannot happen. He stated that in Fridley there is housing under HUD, and the rents cannot be raised. Mr. Schachtman felt that a task force should be established to come up with a workable solution. He stated that if there is a fee of $50.00 per building, that would raise $24,000, and the per unit charge should be phased in over a four-year period. Mr. Schachtman stated that owners of rental property are required under Minnesota statutes to post in the lobby of the building the appropriate addresses and phone numbers of those responsible. He stated that the Minnesota Multi-Housing Authority does have some clout when members are not subscribing to this statute. He stated that in regard to occupancy registration, this will be a huge item to cover because occupancies change so often. He felt what is actually written in the proposed ordinance is different than the spirit intended, and it is very difficult to evict tenants. Mr. Schachtman requested a delay on this proposed ordinance for 120 days and asked for a task force to be appointed to discuss the issues. He stated that the main issues are the fees. H'e did not believe that a 165 percent increase is justified for people who are havirig a difficult time making these rental properties work. He stated that he did not want the City to experience receivership or board up properties. He felt that the conduct issue should be solved and written `�-nto the ordinance so it is satisfactory for everyone. Mr. Schachtman felt that the occupancy registration issue should be addressed and perhaps have a once a year registra- tion. He suggested that a licensing review board be created to deal with those owners that are not abiding by the ordinance. Councilwoman Jorgenson asked Mr. Schachtman who he represents. Mr. Schachtman stated that he is a member of the coalition in Fridley and manages property in every city in the metropolitan area. Councilwoman Jorgenson stated to Mr. Schachtman that she received calls this weekend from persons saying that he does not represent them. Mr. Schachtman stated that he is not saying he represents them, but that he is a concerned member of the Multi-Housing Authority. FRIDLEY CITY COIINCIL MEETING OF MARCH 7, 1994 PAGE 5 Councilwoman Jorgenson pointed out to Mr. Schachtman that the fees in Plymouth, where he had worked on their ordinance, were more expensive than the fees proposed by Fridley. She stated that Fridley is proposing a$25.00 fee for one unit, and there is a $104.00 fee in Plymouth for one unit. Mr. Schachtman stated that only so much rent can be charged, and the issues of conduct, re-inspection, and the increase in fees has to be discussed. Councilwoman Jorgenson stated that Mr. Schachtman had suggested that a$50.00 per building fee be charged. She asked if he meant that a owner occupied duplex should pay the same as a forty unit apartment complex. Mr. Schachtman felt that perhaps smaller properties from one to ten could pay a flat fee of $50.00 and then have a per unit cost for larger units. Ms. Dacy stated that if the City of Fridley applied the City of Plymouth's fee schedule to Fridley properties, the revenue raised would be $68,191. She felt that the proposed increase in fees would be as consistent as possible.on a per unit basis. She stated that in regard to the occupancy information, she wanted to make it clear the City is not tracking tenants. She stated that owners will be asked to have information available on site, and a monthly report is not being requested. She stated that in regard to re- inspection fees, this procedure was reviewed with the landlords and owners so that they are aware that it is included in this proposed ordinance. Mr. Herrick, City Attorney, stated that the re-inspection issue and fee schedule is not his primary concern. He stated that in regard to the conduct portion, if anyone has suggestions or comments, they should be submitted in writing for review. Mr. Schachtman felt that what is written in the proposed ordinance and what is intended are two different things. He is very concerned that it should be black and white. Mr. Ness, 6425 Baker Avenue, stated that as far as the issue of insects, everyone has them. He stated that people can get insurance for plumbing problems. He felt that there should be better housing for older persons, and taxes should be Iower. Mr. Ness felt that salaries of City employees should be reviewed and questioned why the City does not have volunteers. Mr. Ness stated that he felt the fees should be frozen, as well as a freeze on the number of inspectors hired. He stated that the City is getting to be a business, and he thought they should help the residents. FRIDLEY CITY COUNCIL MEETING OF MARCH 7. 1994 PAGE 6 Mr. Morrissey, 1601 N. Innsbruck Drive, stated that he owns three units in the Black Forest complex. He lives in one and rents the others. He stated that he pays the association fee for these units and if renters have a problem, they call the management company. He stated that he did not see the need for an increase in this fee. He stated that he did not know why the City has a rental fee on condos, as the association requires him to pay a fee to •conduct background checks.on all his tena�nts.. He stated�that tenants have to�obey the rules ancl regulations of the condo a'ssociation. . Councilwoman Jorgenson asked how many rental units in the City are covered under an association. Mr. Larson, Deputy Fire Chief, stated that there are three complexes in the City which have an association, the Black Forest Complex and Unity View Apartments. Ms. Donna Bramwell, representing Georgetown Apartments, stated that one of her concerns is the inspection of apartments. She asked if all apartments would be inspected, even those that are occupied. Ms. Dacy stated that the Fire Department would establish a schedule of inspections for one thousand units whether they are occupied or vacant. She stated that staff would work with the owners to determine what units would be inspected. Ms. Bramwell stated that in their landlord and tenant brochure, it is stated that they cannot enter their residents' apartments. She stated that they do not even give out the residents' names or tele- phone numbers. She stated that she is an apartment dweller and would be upset if someone came into her apartment, as this is her home. She stated that she has a problem with this portion of the ordinance, as she felt it was an invasion of privacy. Ms. Bramwell felt that the increased fee schedule was bound to came, and she understands the need for the increase. Ms. Bramwell stated that in some of their buildings they check all the safety equipment once a year. She questioned if the owner could submit a written report rather than the City conducting inspe�tions of tenants' units. Councilman Billings stated that the purpose of this public hearing is to obtain input on this proposed ordinance. He stated that all the information received will be taken into consideration when a vote is taken on the final draft of the ordinance. He stated that the proposed ordinance may change considerably based on information obtained at this public hearing. Mr. Herrick stated that in response to Ms. Bramwell's concern regarding inspections, he stated that inspections of this type are quite common. He stated that he owns condos in Bloomington, and FRIDLEY CITY COIINCIL MEETING OF MARCH 7, 1994 PAGE 7 the rates are considerably higher than what is proposed in Fridley. He stated that he knows that Bloomington also inspects condo units and apartments. He stated that the Supreme Court has ruled that inspectors cannot enter residential property without the consent of the owners, He suspects that the same thing would apply to the tenants; however, the court has also ruled that when a municipality has a systematic inspection, when consent is not given, it is quite likely the court would authorize the entry for that purpose. He stated he would hope that in most cases that would not be necessary, as inspections are for safety purposes. Ms. Bramwell asked if the owner gives approval, but the tenant does not, if there would be a court order against the tenant. Mr. Herrick stated that this is an issue he has to check further. Ms. Bramwell stated that the property owners have a lot to lose if they have a fire or if tenants do not take care of their units. She stated that she would like for the owners to be able to make their own inspections and submit this information to the City. She felt that this would also save the City a lot of money. They have tried this in Maplewood and it has worked. Mr. Gary Wellner, 8457 Riverview Lane, Brooklyn Park, stated that he did not think anyone is against the ordinance. He stated that he has properties in Fridley, as well as several other munici- palities, and not one has the same ordinance Fridley is considering. He felt that from a landlord's point of view, it would be simpler to have a universal ordinance that is statewide. ' Mr. Wellner stated that his rents have not changed since 1990. For the fees he pays to the City, he receives nothing in services. He felt that the City should not police in a discriminating manner. He felt that there are single family homes which are run down and should be subjected to the same inspections as multiple units. Mr. Wellner stated that if he cannot be reached by his tenant, his lease allows for emergencies to be taken care of by the tenant. He felt that his tenants would not want the City coming into their homes for annual inspections. He felt that the City is trying to justify someone inspecting his properties, and basically, that is telling him he is incompetent. Mr. Wellner stated that the Fire Department can address complaints when they are received. He stated that rental property owners pay higher taxes than owners of single family homes. These inspections could not be done for single family homes, as it would be political suicide. Mr. Wellner stated that if the Council wants to clean up the City, there are a lot of other ways to do it without further government intervention. He stated that rewards should be given for those who maintain their properties. FRIDLEY CITY COUNCIL MEETING OF MARCH 7 1994 PAGE 8 Councilman Billings stated that Mr. Wellner's suggestion that there be universal legislation would involve a lot of work, as there are about eighty municipalities in the seven county metropolitan area. He stated that he would be happy to work with Mr. Wellner on this issue as his time permits. - Mr. Wellner stated that he has discussed this with other�city councils, and he felt a group should be. formed to address this issue. Ms. Norma Rust, 5735 Quincy Street, stated that she owns rental property in Fridley. She stated that she understands the increased fees are to fund an inspector. In comparing license fees in Brooklyn Park to Fridley's proposed fees, Brooklyn Park can conduct their inspections with a$25.00 annual fee, and Fridley is proposing a $100.00 fee. Ms. Heidi Skarie, owner and manager of apartment complexes in Fridley, stated that she has been involved with different properties around the metropolitan area. She stated that it seems this ordinance is being proposed because of problems. She stated that she is well aware of the problems, as they have had cars broken into and shots fired at cars in their parking lot. Ms. Skarie stated that the building itself is very well managed. � Their rents are high enough_sa they do not have lower income tenants, and there are no welfare tenants in the building. She stated that the building has 32 units, and some people have lived there for eighteen years. She stated that each year they see more vandalism. She questioned if the ordinance would take-care of the problem. - Ms. Skarie felt that the Police and Fire Departments and HUD know which buildings have problems and questioned why all the rental housing had to be inspected. She stated that they conduct an annual inspection of the building and did not feel an inspection of every unit had to be done to tell if it is well maintained. She -° - stated that this is a free�democratic society and felt this was a move towards socialism. She stated that property taxes have gone up significantly. This cannot be changed, but the City can lessen the burden and not increase fees. Ms. Skarie felt that all buildings did not need to be inspected, but those where there are complaints or police calls should be inspected. She felt that the suggestion for the owner to turn in an annual report would be good, as it would be cheaper for both the owners and the City. Mayor Nee asked if a unit was inspected by HUD, would this be acceptable in lieu of the City's inspection? FRIDLEY CITY COUNCIL MEETING OF MARCH 7, 1994 PAGE 9 Ms. Dacy stated that the rotation on the inspection would be done regardless if it was a Section 8 unit or not. Ms. Fleming, manager of Springbrook Apartments and chairperson of the Rental Owner/Manager Coalition, felt that everyone who spoke regarding this proposed ordinance had good points. She said she knows that Ms. Dacy and City staff have spent a lot of time on this proposed ordinance. �he felt that the ordinance could be revised to the point where everyone�could live with it. Ms. Fleming stated that in regard to inspections, the owners are doing this themselves. She stated that on the larger properties, annual inspections are conducted and also when units are vacated. She stated that in regard to the increased fees, it may be possible to phase them in and have an increase for those who have violations or excessive calls or complaints. Ms. Fleming stated that she was meeting with the Chamber of Commerce on March 15 to discuss this proposed ordinance and how it will affect rental industry in Fridley. She felt that everyone should try to work together for some resolutions that are satisfactory to all those involved. She suggested that perhaps a study group or task force could be formed. Councilwoman Jorgenson asked how many property owners are represented by the coalition. Ms. Fleming stated that at their February 2 meeting, there were eighty people in attendance but she did not know how many rental units those people represented. Councilwoman Jorgenson stated that her concern is for the property owners that own the four thousand rental units in the City and where they stand on this issue. Ms. Fleming stated that the coalition is very new but their attendance has been increasing. She said she would try to obtain this information for the Council. Mr. Rust, 5735 Quincy Street, stated that he has an eight unit apartment building in Fridley. He stated that most of the time when the Fire Department receives complaints it is when a tenant has been served with an eviction notice. He stated that it is hard to find out about these meetings, as a lot of people who own property do not get the Focus News. He stated that the coalition usually meets during the day when property owners may be at their jobs. He felt that most of the complaints received on rental properties were not serious and that a lot were related to insects. Mr. Yafee, part owner of the Springbrook Apartments, stated that the license fee for their complex would increase from $980 to $2,500. He stated that they have 24 hour on-site maintenance and FRIDLEY CITY COUNCIL MEETING OF MARCH 7, 1994 PAGE 10 managers on call at all times. He stated that he knows there are some problems, but he felt this ordinance was an over reaction. He stated that he would favor a task force to discuss this issue and a phasing in of the fees. He stated that they have 358 units while Georgetown has 462 units. He felt that the amount of complaints compared to the number of units was not excessive. He stated that he would like to work with the City for a more favorable solution rather than increasing the fees three times the amount they are now paying. Ms. Isler, 1287 Norton Avenue, stated that she owns an eleven unit building in Fridley and would like to address the 24 hour require- ment. She felt that this was a"gray" area. She stated that there could possibly be a problem this year with water coming into base- ments. She wondered why a situation like this would have to be resolved in a 24 hour period. She stated that she resents the fact that it is written in the ordinance. Ms. Dacy stated that the intent is not that the.problem has to be resolved in 24 hours, but that it is an informal policy that the Fire Department wishes to try to contact the owner for acknowledg- ment to correct the situation. Ms. Isler stated that she would like to see this in writing. She felt that rental property owners should not be singled ot�t, and inspections should apply across the board to single family residences. Mr. Wellner, asked what constitutes a legitimate complaint. He stated that he did not feel this is spelled out clearly in the ordinance. He felt that the 24 hour issue also needs to be addressed. He felt that the landlord tenant laws are written with the tenants in mind. Ms. Dacy stated that the City's housing stock is approximately thirty to forty years old. She stated that this proposed ordinance is one part of a plan to look at all the structures in the City. She stated that if there are complaints, the existing ordinance provides for a response and establishes a routine inspection of units. She stated that the Council is trying to plan for the future and establish routine inspections to determine if the ordinance requirements are being met. Ms. Dacy stated that Council directed staff to develop a truth-in- sale ordinance pertaining to single family homes and a scheduled site acquisition for abandoned buildings or those in a poor state of repair. Ms. Dacy stated that the issue is to protect the health, safety, and welfare of the residents. A variety of tools have been reviewed to accomplish this goal. FRIDLEY CITY COIINCIL MEETING OF MARCH 7. 1994 PAGE 11 Mr. Wellner felt that all properties in the community should be . involved, not just rental properties. He stated that there are run-down single family homes. Mayor Nee stated that Council is moving forward in this direction to deal with properties that are not up to City standards. Ms. Bramwell stated that they have lost tenants from the Georgetown • complex because of Fridley's poor water. She stated that their dishwashers do not function properly, and they have to take a loss because of the City's water. Councilwoman Jorgenson stated that this hearing on the proposed ordinance was to obtain input and to make necessary changes. She stated that there were a lot of excellent suggestions, and she felt that most would be incorporated in one form or another into this proposed ordinance. She stated that Council has begun to look at the whole housing situation in Fridley and not just rental properties. She stated that Council wants to make Fridley a place where people want to stay. The Council does not want it to become deteriorated like some cities in the metropolitan area. Councilwoman Jorgenson stated that the coalition may wish to address the problem of landlords who are not maintaining their buildings. She stat.ed that perhap.s the City Attorney can review the suggestion that those not maintaining their properties pay higher fees. She stated that Council is taking a very pro-active stand regarding all housing issues. This is just one in a series of ordinance changes over the next several years which the Council will be considering. MOTION by Councilman Billings to receive a letter from Mr. Al Bates regarding this proposed ordinance. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Billings to receive a letter dated March 4, 1994, from Rodger and LaVearle Carey regarding this proposed •:--.,�,--. ordinance. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilwoman Bolkcom stated that she talked with several persons by telephone regarding this proposed ordinance and encouraged them to submit written comments, as they would be appreciated. MOTION by Councilwoman Jorgenson to continue this public hearing to March 21, 1994. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECESS: Mayor Nee called a recess at 9:40 p.m. FRIDLEY CITY COIINCIL MEETING OF MARCH 7 1994 PAGE 12 RECONVENED: Mayor Nee reconvened the meeting at 9:53 p.m. Those members in attendance were Mayor Nee, Councilwoman Jorgenson, Councilman Billings, and Councilwoman Bolkcom. OLD BUSINESS• 2. ORDINANCE NO. 1026 AMENDING CHAPTER 205 OF THE FRIDLEY CITY CODE, ENTITLED, "ZONING," AND CHAPTER 211 ENTITLED "SUBDIVISION," TO AMEND THE PUBLIC HEARING NOTIFICATION RADIUS- MOTION by Councilman Billings to waive the reading and adopt ordinance No. 1026 on the second reading and order publication. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 3. SECOND READING OF AN ORDINANCE AMENDING CHAPTER 4 OF THE FRIDLEY CITY CHARTER: MOTION by Councilwoman Jorgenson to table this item since only four Councilmembers were_.present and passage of an ordinance amending the City Charter��'requires the unanimous approval of all five Councilmembers. Seconded by Councilman Billings. Upon a voice vote, .all voting_ aye, Mayor Nee -declared the motion carried unanimously. � � NEW BUSINESS: 4. APPOINTMENTS: CITY EMPLOYEES: Mr. Burns, City Manager, stated that he wished to recommend four persons for appointment. He stated that the first appointment is John Palacio as Chief Building Official. He presented Mr. Palacio's educational background and work history. MOTION by Councilwoman Jorgenson to concur with the following appointment by the City Manager: Name Position John Chief Building Palacio Official Exempt Starting Salarv $42,411.20 per year $3,534.27 per month Starting Date Mar. 28, 1994 Replaces Thomas Blazina Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Burns stated that the next two appointments are for patrol officers. He stated that Jon Burnham and Daniel Douglas are FRIDLEY CITY COIINCIL MEETING OF MARCH 7, 1994 PAGE 13 recommended for these positions, and he presented their educational backgrounds and work history. MOTION by Councilman Billings to concur with the following appointment by the City Manager: - �. Starting Name Position Salarv Daniel Patrol $12.61 Douglas Officer per hour Non- exempt Starting Date Mar. 8, 1994 Re�laces New Position Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilwoman Jorgenson to concur with the following appointment by the City Manager: Starting Starting Name Position Salarv Date Jon Patrol $12.61 Mar. 8, Burnham Officer per hour 1994 � Non- exempt Replaces New Pdsition Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Burns stated that the fourth appointment is Philip Perron as a Public Services Worker in the Sewer Section. He reviewed Mr. Perron's educational background and the past experience he has had in this field. MOTION by Councilwoman Bolkcom to concur with the following appointment by the City Manager: Name Philip Perron Starting Position Salarv Public $10.88 Services per hour Worker A.1-Sewer Non-exempt Starting Date Mar. 21, 1994 Replaces Brett Goelz Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETING OF MARCH 7 1994 PAGE 14 5. RESOLUTION NO. 18-1994 IN SUPPORT OF A RENEWAL APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT TO WORLD ASSOCIATION OF THE ALCOHOL BEVERAGE INDUSTRIES WAABI (SANDEE'S): MOTION by Councilman Billings to adopt Resolution No. 18-1994. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 6. RESOLUTION NO. 19-1994 IN SUPPORT OF A RENEWAL APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT TO WORLD ASSOCIATION OF THE ALCOHOL BEVERAGE INDUSTRIES WAABI �SHOREWOOD INN)• MOTION by Councilman Billings to adopt Resolution No. 19-1994. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7. FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE CHAPTER 205 ENTITLED "ZONING " BY ADDING 205.27 0-4 WETLAND DISTRICT) AND RENUMBERING OFFICIAL TITLE AND SUMMARY 205.28 AND AMENDING CHAPTER 11 "GENERAL PROVISIONS AND FEES:" Ms. Dacy, Community Development Director, stated that this proposed brdinance adds a 0-4 Wetland District to the Zoning Code to i.mplement the 1991 Wetland Conservation Act passed by `the state legislature. She stated that this ordinance mirrors the require- ments of the state law and is not more restrictive than the state law. Ms. Dacy stated that a consultant was hired to identify properties that contain wetland areas. Ms. Dacy stated that the City of Lakeville has an ordinance regarding recovery of fees and staff time to administer their wetland ordinance. She stated that an amendment is proposed to Chapter 11 of the ordinance covering fees in order that the City may charge an administrative fee for special studies such as environmental assessment worksheets, transportation, drainage, noise impacts, indirect source permits, wetland impacts, etc. She stated that the amount of the assessment is to be based on the site, complexity, diversity, and location of the project as determined by staff, but shall not be less than 2-1/2 times the hourly wage of estimated staff time. MOTION by Councilman Billings to waive the reading and approve this ordinance on first reading. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETING OF MARCH 7 1994 PAGE 15 8. APPROVE EXTENSION OF SPECIAL USE PERMIT SP #93-01 BY WESTMINSTER CORPORATION TO ALLOW HOMES FOR THE ELDERLY GENERALLY LOCATED NORTH AND EAST OF ST. WILLIAM'S CHURCH ABUTTING FIFTH STREET N.E.: MOTION by Councilman Billings to approve the extension of Special Use Permit, SP #93-01, to September 1, i994. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. APPROVE WAIVING FEE FOR TEMPORARY SIGN PERMIT FOR ST. WILLIAM'S CHURCH, GENERALLY LOCATED AT 6120 FIFTH STREET N E• MOTION by Councilwoman Jorgenson to waive the fee for the temporary sign permit for St. William's Church. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. APPROVE JOINT POWERS AGREEMENT FOR THE EXPANSION AND IMPROVEMENT OF MANOMIN PARK AT LOCKE LAKE IN ANOKA COUNTY: Mr. Flora, Public Works Director, stated that the County has prepared a Joint Powers Agreement concerning the purchase of the residential lot (Sajady property) adjacent to the north side of the Locke Lake dam. He stated that the County proposes to purchase the property and have the City remove the structure. He stated that the County will own the prQperty as an addition to Manomin Park and implement future improvements within two years after the Rice Creek Watershed District completes the dredging of Locke Lake. He stated that the City is allowed access across the County owned property to construct the Locke Lake dam. MOTION by Councilwoman Jorgenson to authorize the Mayor and City Manager to execute the Joint Powers Agreement with the County and encourages the City Manager and staff to expedite this process. Seconded by Councilman Billings. Upon a voice vote, Councilwoman Jorgenson, Councilman Billings and Mayor Nee voted in favor of the motion. Councilwoman Bolkcom abstained from voting. Mayor Nee declared the motion carried. 11. APPROVE CHANGE ORDER NO. 1 TO LOCKE LAKE DAM RESTORATION PROJECT NO. 211: Mr. Flora, Public Works Director, stated that this change order deletes items from the Locke Lake Dam restoration project associated with the park improvements to be completed by Anoka County. He stated that those items deleted are the fishing pier, concrete curb and gutter, bituminous parking lot, bituminous walkway, steel railing, block retaining wall, and a canoe portage. MOTION by Councilman Billings to approve Change Order No. 1 to the Locke Lake Dam Restoration, Project No. 211, for a deletion of FRIDLEY CITY COUNCIL MEETING OF MARCH 7. 1994 PAGE 16 $48,306.50 from the original contract with Lunda Construction Company. Seconded by Councilwoman Jorgenson. Upon a voice vote, Councilman Billings, Councilwoman Jorgenson and Mayor Nee voted in favor of the motion. Councilwoman Bolkcom abstained from voting. Mayor Nee declared the motion carried. 12. RESOLUTION NO. 20-1994 ORDERING PRELIMINARY PLANS. SPECIFICATIONS AND ESTIMATES OF THE COSTS THEREOF: STINSON BOULEVARD STREET IMPROVEMENT, PROJECT NO. ST. 1993-7• Mr. Flora, Public Works Director, stated that Fridley has been working with the City of Mounds View to jointly upgrade Stinson Boulevard/Pleasant View Drive between 73rd Avenue and Osborne Road. He stated that a petition was received from residents to upgrade the road to 38 feet with parking on both sides and the installation of concrete curb and gutter. MOTION by Councilwoman Jorgenson to adopt Resolution No. 20-1994. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13. RESOLUTION NO. 21-1994 RECEIVING THE PRELIMINARY REPORT AND CALLING FOR A PUBLIC HEARING ON MARCH 21 1994 ON THE MATTER OF CONSTRUCTION OF CERTAIN IMPROVEMENTS: STINSON $OULEVARD STREET IMPROVEMENT PROJECT NO. ST. 1993-7: MOTION by Councilwoman Jorgenson to adopt Resolution No. 21-1994. Seconded by Councilman Billings. Upon a voice vote, alI voting aye, Mayor Nee declared the motion carried unanimously. 14. RESOLUTION NO. 22-1994 AUTHORIZING AND DIRECTING THE SPLITTING/COMBINATION OF SPECIAL ASSESSMENTS ON• LOT 1 BLOCK l, AND LOTS 7 AND 8 BLOCK 2 NORTHCO BUSINESS PARK• MOTION by Councilman Billings to adopt Resolution No. 22-1994. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15, INFORMAL STATUS REPORTS: OUTDOOR FOOD SALES: Ms. Dacy, Community Development Director, stated that at a previous meeting of the Council, Mr. Turner appeared before the Council asking if Council would consider an amendment to the ordinance to permit outdoor sales of food, as he operates a mini-doughnui stand. She stated that staff has developed three options for Council's consideration: (1) no change; (2) require a special use permit in a C-2 and C-3 district; and (3) permit this use as an accessory use in a C-2 and C-3 district and require a license for a"seasonal food sale." FRIDLEY CITY COUNCIL MEETING OF MARCH 7, 1994 PAGE 17 Ms. Dacy stated that if the Council wishes to permit the outdoor sale of food, a determination would have to be made if it would be only for the sale of mini-doughnuts or a broader definition of "seasonal food sales." She stated that if this is allowed, consideration should be given to standards or stipulations to be included in the ordinance such as the area of sale, location in relation to major entrances, protection of pedestrian waiting areas, equipment meeting all code requirements, site plans, etc. She stated that staff recommends that the City continue to prohibit outdoor sales of food in the C-2 and C-3 zoning districts. Councilman Billings asked about the outdoor sale of food at the '49er Days celebration and at Moore Lake Beach. Ms. Dacy stated that the '49er Days Committee obtain approval to permit the food vendors to operate on a temporary basis. She stated that at Moore Lake beach, license approval is obtained from the Health Department. She stated that Chapter 32 of the City's license ordinance does exempt governmental subdivisions from going through the licensing procedure. She stated that.in both these two cases, the activities are held on property zoned "Public District." She stated that this district is drafted very loosely. Because these have been municipal activities, there has not been a question raised. Councilman Billings felt that out of fairness,. if it is acceptable for the City to have outdoor sales of food, it should be acceptable for others to do the same thing. Ms. Dacy stated that she felt there was a distinction between the intensity of the uses. She stated that Mr. Turner proposes to operate on a continuing basis for as many months as possible.. Councilman Billings stated that his initial response take a closer look at allowing this kind of use for period of time. He stated that he did not know if create a problem. He felt that the permit process sufficient stipulations. He stated that one problem he often governmental units exempt themselves from rules everyone else to abide by them. would be to a specific this would should have has is that and expect Councilwoman Jorgenson stated that she would concur with Councilman Billings. She felt that the City should exempt themselves and not allow others the same type of access. Councilwoman Bolkcom stated that she would also agree. Her only concern is that sales of this nature may cause problems in other areas as far as pedestrians and traffic. Mr. Herrick, City Attorney, felt one issue that should be clear is if this would be an outdoor sale or consumption of food. . FRIDLEY CITY COUNCIL MEETING OF MARCH 7 1994 PAGE 18 Councilman Billings stated that he would like staff to review this item and have these permits for a definite period of time. He would also like Council to have the opportunity to review them annually. Mr. Herrick felt that an annual review would be acceptable. If any conditions were placed on the permit and were violated, the permit could be revoked. Mayor Nee reguested staff to work on this issue and bring it back to the Council. . 16. CLAIMS: MOTION by Councilwoman Jorgenson to authorize payment of Claim Nos. 54298 through 54530. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 17. LICENSES: MOTION by Councilman Billings to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Council- woman Bolkcom. Upon a voice vote, all voting aye, Nlayor Nee declared the motion carried unanimously. 18. ESTIMATES• MoTION by Councilwoman Bolkcom to approve the estimates as submitted: Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, MN 55432 Statement for Services Rendered as City Prosecutinq Attorney for the Month of January, 1994. . . . . . . . . . . $ 15,528.75 Maier Stewart & Associates 1326 Energy Park Drive St. Paul, MN 55108 52nd Avenue Fioodway/Clover Pond Diversion Project No. 222 Estimate . . . . . . . . . . . . . . . . . . $ 1, 570. 00 Locke Park Filter Plant Modification Project No. 240 Estimate . . . . . . . . . . . . . . . . . . $ 7,651.23 FRIDLEY CITY COIINCIL MEETING OF MARCH 7, 1994 PAGE 19 NewMech Companies, Inc. 1633 Eustis Street St. Paul, MN 55108 Locke Park Filter Plant Project No. 140 Estimate No. 3 . . . . . . . . . . . . . . . $201, 433 . 50 Richmar Construction, Inc. 7776 Alden Way, N.E. Fridley, MN 55432 63rd Avenue Booster Station Project No. 250 Payment No . 1 . . . . . . . . . . . . . . . . $ 3 , 3 2 5 . 00 City of New Brighton 803 Fifth Avenue N.W. New Brighton, MN 55112 Supervisory Control and Data Acquisition System (SCADA) Project No. 259 Payment No. 1 . . . . . . . . . . . . . . . . $ 4,925.75 Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT: MOTION by Councilwom�,�i Jorgenson to adjourn the meeting. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of March 7, 1994 adjourned at 10:30 p.m. Respectfully submitted, Carole Haddad William J. Nee Secretary to the City Council Mayor � OFFICERS President � Frenk C. Dunber Dunbar Development Vice President Harry J. Yatfe Belgarde Enterprises Vice President John J. Appert Apartment Search Executive Vice President Mary M. Rlppe Multi Housing Association Secretary Calleeo M. Carey Twin Cities Housi�g Development Treasurer Mark G. Sween Hawthorne Management Immediate Past President John J. Gona Thayer Management Associates DIRECTORS Joseph F. Biaanz eisanz Companies Meribsth Blaek LaSalle Group, LTD CoMne M. Brown Lynrr Properties �1��'-��' 1 `'��;, � • •�� t' � � Serving The Rental Community Dear Mayor Nee: It is with great interest that the Minnesota Multi Housing Association (MHA) is watching the current debate over Fridley's proposed orinance and licesing fee changes. MHA currently represents �ight me7ibers that own or manage property ia the city of Fridley. The city council encouraged any interested party to submit ideas or language. In the interest of afforable housing, here are some of the thoughts of MHA members. Robert J. Cesselman Re ardin the ordinance we have a real roblem with havin an Devonshire Apartments g g ' p g Sandra L. Durond owner being responsible for a tenant's behavior. It is impossible Newman, Herfurth 8 Durand to control someone's behavior and many of the issues that drive KeM H. Fonland �reet ��a� o�.� tenants to bad behavior are social problems, such as poveriy or PaMcia l. Gnetz parental upbringing. Apartment owners and managers have no Nicollet Ff�ancial Corporetion John H. Krohn control over these issues. An option you might consider is if an K`°h° Ma°a�°'e�` °°�. owner has a problem tenant, the city will pay for the U.D. to get Joel A. LebewHz ��, Besikaf, ��d�s � co. the tenant evicted. Remember, owners do not like problem tenants Robert C. Lux either. Welsh Companies Davld M. Magelsaen tJorthem Management, Inc. Gene M. Nelso� L.ang-Nelson Associates 8arbera J. Ruhberg Steven Scott Management, Inc. Douglaa D. Stra�dneas Dunbar Strantlness, Inc. DavW R. Thies Thies & Talle Management, Inc. COORDINATOFS Education Robert W. H. Houta The EBBCO Company Legislative Pamela J. George Feal Estate Equities, tnc. Membership Kathleen M. McKenna McKenna Management Associates Program Lola 1. Velasco VIP PropeAies Public Relations Thomas M. Dillon Glaser Financial Group, �nc. Special Events PatHCk J, Lamb Legacy Management 8 Development The ordinance has many undefined words which lead to some confusion. We have shown it to some people that have said that it pushes the limits of the plain language law. Also, in some areas of the ordinance, it will state " in violation of any of the following statutes or ordinance�" then will go on to list such things as Fridley City code 124.07 without explaining what the ordinance is. This is very confusing and hard to read. It would be in the best interest of all parties to spell these out and say exactly what they mean. Regarding the proposed fees, an average increase of 165% in one year is steep. Also, using numbers that the city provided, I have drawn the following comparisons to Fridley's neighbors: Minnesota Multi Housing Association • 4250 Park Glen Road • Minneapolis, MN 55416 •(612) 927-8602 FAX (612) 927-8606 OFFICEFS President Frank C. Duobar Dunbar Development Vice President Harry J. Yatte Belgarde Enterprises Vice President John J. Appert Apartment Search Executive Vice President � Mary M. Rippe Multi Housing Association Secretary Colleen M. Carey Twin Ckies Housing Development Treasurer Merk G. Sween Hawthorne Management Immediate Past President John J. Gorra Thayer Management Assaciates DIRECTOFS Joseph F. Blaanz Bisanz Companies MaHbeth Blaek LaSalle Group, lTD CoMne M. Brown Lynn PropeRies Robert J. Casseiman Devonshire AparimeMs Sandra L. Dunnd Newman, Herfurth & Durand Kent H. Foreland Great Garage Doors PMricle L. Gnetz Nicollet Fnancial Corporatian John H. K�ohn Krohn Management Corp. Joel A. Lebewifz Lurie, Besikof, Lapidus & Co. Robart C. Lux Welsh Companies Davld M. Magelasen iJorthern Management, Inc. c�„� �. r�e�� LangNelson Associates Bubara J. Ruhberg Steven Scott Management, Inc. Douglas D. Strandnesa Dunbar Strandness, Inc. Davld R. Thies Thies & Talle Management, Inc. COORDINATORS Education Robert W. H. Houts The EBBCO Company Legislative Pamela J. George Real Estate Equities, Inc. MembershiQ Kethteen M. McKenna McKenna Management Associales Program Lois 1. Velasco VIP Proaerties PuWic Relations Thomas M. Dlllon Glaser Flnancial Group, Inc. Special Events Patrick J. Lamb Legacy Management 8 Devebpment �^T �T I' .: t `��;;� � • •�� • � t' � � Serving The Rental Community 1 unit bldg 4 unit bldg 24 unit bldg Columbia Heights $15.00 $40.00 $112.00 New Brighton $ 6.50 $26.00 $156.00 Fridley $25.00 $100.00 $220.00 We have two thoughts. Why are the fees more than double in most cases than Fridley's neighbors and, are they receiving that much more for their money. The inspection department will phase in its program over 4 years, or they will only inspect 25% of the apartments per year, so the answer seams to be no. We believe that the fees should be phased in over 4 years and should be uniform for all, including homeowners. One point to remember is that every dollar you take in a fee is one less dollar that can go back into the property. Two last points. One, in many cases, renters are looked upon as second class citizens. Remember, many people choose to rent and are stellar citizens, just as homeowners. There may be just as many bad homeowners in Fridley as bad tenants. Second point, Apartments are businesses. The *nore restrictions and fees plaeed on these businesses, the less likely they are to succeed and grow. Is Fridley in the position to be hindering business growth? Minnesota Multi Housing Association • 4250 Park Glen Road • Minneapolis, MN 55416 •(612) 927-8602 FAX (612) 927-8606 OFFICERS President Frenk C. Dunba� Dunbar Development Vice President Hatry J. Yaffe Belgarde Enterprises Vice President John J. Appert Apartment SearCh Executive Vice President Mary M. Rlppe Multi Housing Assxiation Secretary Colleen M. Carcy Twin CBies Housing Development Treasurer Mark G. Sween Hawthorne Management {mmediate Past PresideM John J. Gorre Thayer Management Assaciates DIRECTORS Joseph F. Bfaanz Bisanz Companies Maribeth Black LsSalle Group, LTD Cortine M. Brown Lynn Properties Hobsrt J. Ceseelmae Devonshire ApaRments Sandra L. Durand Newman, Herfurth & Durand Ksrn H. Forsland Great Garage Doors PaMcie L. Gnetz Nicoliet Financial Corporation John H. Krohn Krohn Management Corp. Jael A. Lsbewl� Lurie, Besikof, l.apidus & Co. Robert C. Lux Welsh Companies Davld M. Magelssen tJOrthem Management, Inc. Gene M. NNson LangNelson Assaciates Barbere J. HuMberg Steven Scott Management, Inc. Douglas D. Strandness Dunbar Strandness. Inc. Davld R. Thles Thies & Talle Management, Inc. COORDINATORS Education Robert W. H. Houts The EBBCA Company Legislative Pamela J. George Real Estate Equities, Inc. Membership Kathleen M. McKenna McKenna Management Associates Program Loia 1. Velaaco VIP Proaerties Public qelations Thomas M. Dillon Glaser Finaacial Group, inc. Special Events PetAck J. Lamb Legacy Management & Development �� '-�T%'1 �'��;� � • •�� t' � � Serving The Rental Community We feel the best solution is to form a working group of owners and managers that represent all sizes of properties and meet on an informal basis with the city council {a work session). This approach has worked in many communities, including recently in Columbia Heights. It was very successful and both groups learned from each other. We are just as interested in affordable, quality housing as the city of Fridley is. We hope that a workable solution can be struck that solves any problems there are and makes the city of Fridley a better COmmunity. Sincerel Steve Jo son Director of Muncipal Affairs Minnesota Multi Housing Association • 4250 Park Glen Road • Minneapolis, MN 55416 •(612) 927-8602 FAX (612) 927-8606 Management ►� ervices, Inc. Management - Consulting - Brokerage March 16, 1994 Mayor William Nee Councilmembers 6431 University Avenue NE Fridley, MN 55432 RE: New Housing Ordinance Dear Mayor Nee and Councilmembers: Management Services, Inc., manages Moore Lake Apartments in Fridley. I attended the public hearing regarding the New Housing Ordinance on March 7th. The purpose of this letter is to comment regarding the new ordinance. I support the inspection of apartments by the City of Fridley in their intent to provide safe and well maintained housing in a cost effective manne�. One of the speakers at the hearing suggested that a task force be appointed to review all of the issues regarding the ordinance. I believe it is crucial that the city have the support of apartment owners and managers in implementing the new ordinance. Without a certain level of agreement between the city administration and the owners of rental property, the implementation of the ordinance may be more stressful and less successful. A task force could 'nelp increase the level of support. I was also intrigued by the idea presented at the hearing that owners do their own inspections on an honor system and report the results to the city. Another speaker pointed out that since possibly 10 or fewer buildings are the source of a majority of the complaints from residents, it may well be that the energy and funds of th,� inspection team should be focused on those few properties rather than spreading the time and energy of the inspectors over a larger number of units, most of which appear to present no problem. 591 West County Rd B, Suite B2 • Roseville, MN 55113 (612) 487-0043 � Fax (612) 487-9487 A combination of honor-system inspections by owners and the enforcement of an increased level of inspections for properties which continually present problems is a possibility. Possibly a property could be, in effect, put on probation after a certain number of verifiable complaints. This idea does provide a partial answer for those who object to city inspections making regular entries into private apartments. To inspect every apartment every one or two years does appear to be, to some degree, a waste of time and money. Many of the buildings have been in Fridley for 20 to 30 years and have operated with few complaints or violations. Another compromise possibility is that those properties which are not cn probation, could have regular inspections of possibly l00 of the apartments of a given complex. The inspectors could choose at random 10% of the apartments a �aeek or so in advance so that residents could be notified. This would ailow the inspection team to get a less than �omplete but sufficient picture of the general condition of �ne complex. I= the inspectors are dissatisfied with this -_n?tiai sample, possibly they can additinal apartments -nspect until they are satisfied. Regarding the increase in fees, they do not appear to be grossly out of line when compared to the fees of other municipalities. However, this was a terrific increase for given year. I am hopeful that the need for such fees will decreased if an alternative plan, such as those discussed above, is adopted. In any event, whatever the increase, it would be helpful if the increase were phased in over a two three year period. a be Finally, I want to compliment you, the Fire Department, and the Police Department for the decision to elicit public comment regarding the proposed ordinance. At the hearing there appeared to be genuine desire on all sides to reach a workable compromise. Sincerel , La Buckli cc: Barb Dacey LB/si Frid . , or 1�arch 16, 1994 �ayor Willi�m J. N�e :219 Logan Parkway NE :�ridley, MN 55432 37ear Mayor Nee, 'Phe Fridley Chamber af Cornmer�� supports the City�s proactive �,�asition on housing stand�rds. Recently, the Gav�rrtment RelatiQns ��ommit�ee has met with Angie Fleming, President of the �'ridley :Property Mange�'s Coalitivn. This group has expressed concern ��v�r the pxaposed ordinance for the increase of Iicensinq f�es. :Lt �.s r�ur understanding that the Coa].ition has not had the i�pportunity to prapose a salution which would be �mendable to I�oth parties. In �r1 effort to build a consensus between both Laarties, w� reco�mmend a task force Qr additianal meetings with ��ity staf� and Caali�ion members be held. ia� appre�iat� yaur consideratzori �nd time ort this za�►tter. If you �+��uld like to discuss this £urth�r I can b� reached at 780-9611 �ar contact Barbara Warren at 571-9781. �incerely, l�iark Whac�ldc�n ��hai�, t�ov�rnrnent Relations Co�hmitt�e � _ � . DATE: TO: FROM: SUBJECT: Community Development Department PLANNING DIVISION City of Fridley March 17, 1994 William Burns, City Manager �� Barbara Dacy, Community Development Director Continuation of Public Hearing for Amendment to Chapter 220; Rental Licensing Ordinance The City Council at the March 7, 1994 meeting continued the public hearing regarding the amendment to Chapter 220. Since the public hearing on March 7, 1994, staff has received a number of calls from single family homeowners concerned about a possible truth-in-sale housing ordinance. We also know that the Chamber of Commerce may be preparing testimony for the hearing on Monday night in support of a task force to evaluate the ordinance. Staff has prepared a preliminary response to some of the issues raised at the March 7, 1994 hearing. We will continue to work with the City Attorney's office to refine the ordinance. Staff recommends the City Council close the public hearing on Monday night. The revised draft of the ordinance would be prepared for consideration for first reading on April 4, 1994. BD/dn M-94-147 RESPONSE TO COMMENTS FROM PIIBLIC HEARING REGARDING RENTAL LICENSING ORDINANCE MARCH 7, 1994 l. Comment: Alternative Fee Schedule. Response: An alternative fee schedule requiring a$50 flat rate per building, plus a per unit charge to be phased in over three to four years was suggested. Staff has determined that this approach would generate about $31,000 if it were not phased in. As opposed to the original fee proposal, this approach would require a higher fee for the single family, two family, and triplex owners, but generate a smaller amount of revenue. The original proposal generated fees to cover about half of the program costs. 2. Comment: Rents cannot be raised for HUD units; fee increases are not appropriate. Response: Rents for the Section 8 program are regulated by HUD. Owners cannot charge a rent in excess of the fa.ir market.rent for the area as determined by HUD. The Section 8 Housing Coordinator has advised that the rents in Fridley do not, in general, conflict with the fair market rent maximums. Rents may be increased if within the fair market rent range. 3. Comments Why is it necessary to have a rental inspection and fee for condos if homeowner association is responsible for repairs? Response: The intent of the ordinance is to insure that all rental properties meet the minimum building standards identified in the code. The ordinance pertains to all "buildings which are rented in whole or in part". A homeowner association is a private organization. The City has no control over the operation and management of a homeowner's association. The City has inspected condo units in the past on a complaint basis. If a violation to the code exists, the City has the ability to require repairs despite the form of ownership or management. The Fire Marshall and Section 8 Housing Coordinator have completed inspections in some of the condominiums and some of the units have failed initial inspections. The existence of a homeowner association may not guarantee compliance with the rental code. 1A Rental Licensing Ordinance March 7, 1994 Page 2 4. Comment: Inspecting the units is an invasion of privacy and violates anti-privacy laws. Response: A copy of a portion of the pamphlet entitled "Landlords and Tenants, Rights and Responsibilities" is attached. A landlord may write a provision into the lease giving the landlord the right to enter the unit under reasonable conditions such as to make repairs or to show the unit (a copy of a part of a lease is attached). If this is not in the lease, the landlord's access is restricted to emergency situations. Inspections will be coordinated through the owner. The owner will be given adequate notice to contact the tenant and make the tenant aware of the date and time of the inspection. It is not the City's intent to make surprise or unannounced inspections unless the City becomes aware of dangerous or life threatening information which necessitates the inspector to contact the owner immediately. The City Attorney is researching whether a•court order would be filed against the owner or a tenant if an inspection is refused by the tenant. 5. Coaiment: Could the owner submit a written report rather than the City doing inspections? Response: Implementing this practice would be delegating the ordinance's enforcement to several different owners/managers. Each person may interpret ordinance compliance in different ways which could lead to questions about the City's uniform enforcement of the standards of the ordinance. Further, the quality of inspections may also be questioned depending on the level of experience of the owner, manager, or caretaker. Owners have expressed concern about enforcement of the ordinance. Local government has typically assumed this regulatory role in order to provide consistent and fair enforcement. Assigning this role to the owners may be more difficult to track versus the City conducting the inspections. The City of Maplewood was referred to as an example of a community who uses this approach. We are awaiting more information from them. :� Rental Licensing Ordinance March 7, 1994 Page 3 6. Comment: Rewards should be given to those owners who maintain their properties properly. Response: Staff is currently investigating options for Council consideration. 7. Comment: Brooklyn Park charges a$25 annual fee and can conduct a similar amount of inspections. Response: Brooklyn Park has two full time inspectors and one part-time intern to administer its inspection program. One of the full time inspectors, the Housing Supervisor, has not been able to participate in the inspection routine because of other duties. They are currently evaluating doubling the fee to $50 but no action has been scheduled yet. Also, she corrected the information about their fees; they charge $100/building and $7.50/unit for four or more units. 8. Comment: Only problem buildings should be inspected; problem buildings are those with a number of complaints or police calls. Response: The intent of the inspection program is to establish a uniform and routine inspection schedule to insure proper maintenance of all buildings. While there are buildings in the city which have required additional inspections by the City, the ordinance is also intended to prevent more problems from occurring. Staff did consider an approach to penalize owners for excessive police calls or complaints; however, we found that it would be difficult to administer. For example, the Police Department encourages owners to call the police if problems arise. The well intentioned calls for help then become calls to penalize the owners. We also evaluated counting the number of complaints. In some cases, tenants could use this tactic as retribution to owners. As a result, the ordinance was drafted to charge a reinspection fee if the violation was not corrected after the second inspection. A$60 fee is proposed. A higher fee could be established. The inspector can therefore confirm that a violation exists and a frivolous complaint has not been filed. The City has also created an in house staff committee to meet with owners experiencing a number of problems. The committee consists of the Crime Watch Specialist, 1C Rental Licensing Ordinance March 7, 1994 Page 4 Code Enforcement Officer, Fire Marshall/rental inspector, the Housing Coordinator, and the Section 8 Housing Coordinator. Using this team approach has been helpful in gaining compliance with certain owners. 9. Comment: A HUD inspection should replace the City's rental inspection. Response: The Section 8 inspections are based on HUD's Housing Quality Standards. In some areas, the HUD inspection requirements are more restrictive than the City's; lead based paint is an example. The Section 8 Housing Coordinator has failed some units upon initial inspection and then found that the owner does not make the repairs and does not rent to the Section 8 tenant. In these situations, the Section 8 Coordinator may alert the Fire Marshall about the City Code violations to insure it is corrected for future tenants. Using the HUD inspection would not be appropriate since the owner may not rent the unit to the Section 8 tenant. �It is not mandatory for the owner to rent to Section 8 tenants. 10. Comment: The 24 hour notification policy should be clarified in the ordinance. Response: The ordinance will be amended. 1D ✓� O � a� � ^' J � � .... . � ^-' .Y N .J .D ~ � � � O � T � .� ^ p �. O .-. O = -�f�. � �`� .� v� � .^�.0 i: .--� i�i '� � c:: u :C ' � cd .. s-, p= O� G •.Vi 7-�.i. 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PETS: Nnarlr�rt�: ��,.�•. ,• .. �,.�vr :�n��ti:�ls �x ��i•I� i,(:iny kinq on e•�� v•inr.c� ��qless permitted tiy atl.�r.hrnenl lo thc, Renl;d Aymcirn��ll. 8.^WATERBEUS: !;•� „�v:,: „�u�:e:: i�ul lo tivep ur ;�errrn. w.durl.�:•�. i��, r.ri, ulher w�der-Id�ed tunulure un itu; �ruru�e:;. unl�c,,- .u; ceU lu in wnling by 9. ANAGEMENT'S HiG�i7 TO ENTER: Management arM iis aun�nr+�r>d aGents may enler !he Aparina�:nt <d :u�y r��:��>n:�l�lc lim�� t�, ;nspeci tlie Apa�imenl or m o repai�s or to sP�ov• n:�.: �\;,.��:menl to prospecuvr: u�:w �r.:,,�1��nt>. „+ ;�..�,.i�:��rs. 10. OAMA E OH uVJUf2Y TO REti1D N7 OR HIS PfiOPERT'!. :�,•. �d is nui r��vpui�sibl� fi�r any iGUna��r ur �n�ury �I�.it r.: •��r�e lu Res�dent or his �)fJ�)Cf1Y O� li� �iC51�li:�::� , � .. � � �Ip'�� : ��.•I�� '��.it �Y.i.� f:.�! r.:.r..vJ �.. . . ��. .. . � �:.•,�hi;••n� ;ir.l ol M:V1:1(�n��Ciq ip �.11111(�t �� J1Rf�711��'ri�•.lq in:n:i. T�115 IIlC�l1C�@S. but is not limi�e�llo. li��,-: ::�� ,,., ..,ic� .,n,: •ar.�tn�e� ,:.u�,:��: � x.�•� ,.... .. �y�. �•�.,t ��•.�KS an� vlher unevnU�,il.it,i�: o�,.cr�� ,,,.e... N1�n;,y�:i �,;n� rocornmends Ihat Residenl oblain Hente� ��u�.�nc�: lu ��nH�)�:1 hw�•.r�l .�: ri••�5r1) ��::InnJ :�ny wprntr: rn Udn�.�lJc: he Uf SIiF �f1Fty at�lb?� 11. Ai:TJ OF 7Hllii� I'��G�i I�:.i. I.:.:��.r�.:r��.a:t r: 'i..l i:..��i.i�.d.�� . ,n. .�. �.��i• .�n t�..i �tny �I:un:��n.: ni ur r::.,�r.. �.,�� .�.�I l� �.I��.i��. ,�I tlw�) i �r�ur; SuGli i r�• v,� �:. ( as other rosidents. g�iests �nt�,�ders o� trespassers) who are not in Ma��.,,��:uw� �, , wuuut. 12. FAILURE 70 GIVE i�OSS[SSION: II Man<'ty�nu:nt r, u:..i��;�. �.. ..�,��,. :„��:�,:,:5iun cil thc Aparimrnt tr� (1�>>u1cnl un !!�,� da�c ��%;n�,.:e�. M.inayernenl will not be held liable. Resident do,�< not have to slart payin� �ent until hc ir,r., ;,��sse��s�:m ot the Apanment. 13. NOTICE OF DANGFf2UUS COlJDIrIONS: He::ulen! a��:r:�::; i„ :��.iy f.i:ui:�qe�n�erd t�� any conUi�ions in Ilir: /lpartr.;.N il�:il 1 i:�ir� ii;�ntiCrJUS fO h@Ffllh Of S�lety of Residenl, tn o1Lu ie;idei�ls cj whicli rridy i7� damnya tu Ih�� N�en��,::s. ,i) w�ste utdities pruwde� hy th�: �A:�n,�yen�r�i1 �4. SUBLETTING: !�,r.�d,m� tivui noi suldel 1he Apartment c�� cuiy p.��i n( it ��.i ;�ssu�n Ihis R�ntal Ayreerneul �vdliaA Ih�. wi�u��ii cun:ent uf Ihe �Aan�yr.rnent. 15. ABANDONMFNT OR SURHEraDER OF TNE APARTMENI" bEFORI=. fFiE TERMINATION OF THIS AENTAL AGREEMENT: Fi�:s�denl is responsible f�r payinry rh� f��R «:nf n• �•.? r��rnlfh �•( ft1K lq��rrcnl�v:' :,n�l :uiy cxl�•n .��e. rx r�.nr.�Y:lt�: RnSidGnt iS �R�:pta�Sddr� !;n ;41 h�•� , n! r(t�rt u� .�•�V .dhC� IoSSCS A! COSfS CeusecJ by liu:,:�l�:iils i��.,.•u��; :,..; lutl�nc Itt�. He��Ld qy�r,ei�n:�ii t•�nL•. 1! �;��.uli:u:��l ni,ry n.�l lie vaC:tle�f wdhU�d Ilie tivntUa� ,��r,efil �I WI�n�,��rnE'nl .16. RFIMBURSFM(_NT t3Y RESIOENT� Rr�.i�it�nl At�rees In pay ivi.�naryrrma»1 �r�m�lly loi aqy k�ss �xa(��r1y da�ii�g� nr r.�isf �I rn�.,�u� �� Service includiny ��lumbui�� tr�iutiln r.�u�.�•,• •. :.,,�lu�r,icr• e� u:q�irq�r.r �r:i� oy li��-.�dau I�r..�,_µ•n1�,. tanrry �)r (lucsls Resulenls wdl I�n, rc��un�.ii>le lur ilam:�yu frum windotivs or ,��r:rs u:ll u{wn. Fi�::,��i�.r�� .. „�;, i,� �;,,y .;,, ;.,•.i� Io Man<�gemenl cau :eU ��y ab�ndwimenl u( the apzuUnenl :,uch a°. c.osts involve�f !<, re-rEnt NesiclenCs t��7:uUnG�d. uiCliidin�� .uj�-..:� � , � „i �:�1�� . . .,•,i ; I{ in:�:�:��lrmr•��1 •-�:r�� . . .:..1 t�:� ��victinn. �x (U� tuipaut r��ih�._ ��r :�ny n1h�� i,.,�e nr c:fcui!<`••. FZc:,idenl �qrC�S to p.iy t�tl cuurt cusi:, ,uu1 .,.., .,. y.��., ,:v,:�: i��,(�1:,ic�yc��cir,. l�u�:�c u.u, c�.� .�.n�.�ni,. n�c duo whcii M:in��yc�nc�n c�� u:: nq•�c:.•:n�.,t�w• r.�.�ti�.•, ,��eni:uid nn Ri�sidenl. Managemont's tailiur. �n .�� i.r, �n �Jrm:u�.rbni� �iny ul Ihc:;.° �r.anl,ur:x•u��u Lde;�.rymant charqes. returned check charqe�:, rn �dh�,i ,une. nu�: by Residen� will nOt be �, �v��iver. an�l M.u�.u;..,,., �., cr� �L�n�:�nil tiicrn :il ni�y Irn+r� whrtiva I�. :�n�::u :dlCr HeS�!1�trd Ic:rves ihe:i��:irtmenl 17. TtRiJIINAT101� i.� F:�i�: i P.L /1GREEMENT NIITH SPE(:IFIF.O ENDItdG OATE• R��;:ui�:n� n�.r� c.wi:�:l �hc: Itiiu�.�; A,�i�.�:iu��m :U !h�• nr.�� I ih inili.tl Ie�m wdh proper wrilten nouce i n�s �vn�ten nouce musl t,e give�� to Management sl.��ny Res�tlents intent to leavc, and N�U bN at Irrasl 6U days prio� to Ihe termination date. If Resident Inils to y�ve Nropc;r noi�ce to b1anage�ner�t, Manayement may extenU the �enn ot the Rental Ayreeinent ic�r a penod eyuat ic� one Nolice Penod at the current rentat rate. ;icsiJent may continue to occupy ihe Ap�rtrnent a(te� the [nding Date of lhe Renlal Agreement �vrth tlie pernussion o( the Managemenl. wthout a renewed Rental Acreement, this Rental Agreement will convert into a month-to-month under iis �nginal conditions antl ayreen�ents. except that the rent wiU be adjusted 10 current rental rate. MOVING`OUT BEFQRE R[NTAL AGRfEMENT ENOS: If Aesident muves out of the Apartme�t before lhe date Ihis Hental Agreement ends. Resident is responsible for �ent 1or ii�� rn:,�ni��y Eienod n; tr,e Renta! Ag�eement a�xi :,�r; o��,er losses or cost's i�cluding court costs and anomey's tees, 'I8. �TERMINATION ANL1 ALTERATION OF TERMS OF MoNTH-TO-MoNTN RENTAI AGREEMENT: When the Nental Agreement is monttt-to-month. Management.and Res�uen� r,��t:e tnat the �:oG•.e requued for either ua�iy to lemunale Ihc Renial Agreement wdl be a 6U jsixiy) d�ry K•nuen noUce.,Noace to terminate musl be given su ,�s to be elfeclive on Ure last day of a monti�. N1;�nayement may chanye any ot the terms. includiny the: anwum ol rent, u( a month-to- mon2h Renl�l Aqreemcr.t hy n,��-��iq ResideN written notice. 19. UACATlNG: !�^�a�iF�nt ;iqrer,s tn v�cat� th� ADait:nee:t �n nr i'�r:f�re i��e tetminnt�nn dale of th+5 Itonf�l Aqreen��n! or any �er�cwal o� exlension as ��IC)VIC�k1(: r.' :I1::. I��'q�l.�� . . �.�•��t. I`. I}(•':�ilr::�� .,..� : �I ....:11•7 1:11 t?! .. �1; ..i . • �:�tuv1 �1.ftf• 11(` �l•111 fN " • ' . • ; •.." •• • :• •� • IG�td�v 1+� ?�1:in:�ry��nCr.t 1�� .�ny :n'��1 all lA.^:°;CS fnC�in'PCJ by N1�n:iyem��nt. �uti! ;c; . . . . . ;n <.u;. : �.��;t�-.:,u:: .�.tu��ic; :. �,:•� .':t�::::�� . ..dr. .;. !«�s��i,.�rn .�u�e�rs tu Ic.iv,: u�<: ::;�a�ment in thr, con<t�taon ai tne beyinniny oi t1�e ten:'+ri�-y r::.<<<pt to� rn.;,:. .. .. .:n.; t��.�� :�••.�.i..:��i :�:�tf �i�n.-�: :,ul .il t::i• .�;..,;at�r��A uu 6d�� tl'�an 1'L:OU nam c,u thn day uus R�:ntal Ayi«e�oent ends. I( Resiclent Illm:h•: •i�It •I('•.• f�•�•. I:. ., . . ..i.:��c�! . . . . . y•.p •.t..::<!•.• #I:�:i�• 1•. •. i.�... ..q.•ni I�N Yli�• IQ:;IIi�u�(J IC::SC$ lrl(:iU'J�IIl� fl1�l �:Vtlfl COSIG ifig::11101Y1Ey5ICCS- 20. DESfROYtG ;:... „�IcidNtvir�6�c :u'AFi7ME�t�: II U�c .s;,.u:�r.:�d u� ywui�d:, a�u U�stwyvtl u� �an�.iyuu tv Lu �:rld i�� u�.�uN,tnc� Jut lu luu, Uw eli:in�:c�ls. or nny nlhcr . :�,;:�:;... �„::r ... r,ii �1�is R�n1rd Ar�;�•.=:. �.�� ,��,,,�,vii:il��!y 11 thic shoul�l ha�qN•n. R4a�aqr:m�nt v:4t qivr. wrynr.ri notice. and will not i�budd o� �t.510re liit: ,r �... ..�•u �i .n:.��1;r.�:r'd U �I�c it.::Sbu.:� .. �� .:�i�:,y�; �c.�s nol c.tus.:il Ly Ii�re�i�cN:� I:tud w ni•qLy�r�o- .: .m 1Prmu�:�linn of lhiS Ii�;�U.�1 A��.•..��•�il. ,. . , . . , .. � .. • :��iy. r[:Iu�x1EY11u Hesicfei�t, z�..�vu;ric�r�. � . . . . ,. • ��i.:: .�.Y.'IOl`Ill :1(l' •.IUA�ih l.y ►hr! li?:.d�Clll IIF! qGl; Ir� • �• ,� p••••��..li . :.I I� .:d �qan :�•iL�'r �� I�l� I�L'.S'I(ICf1I IIIN:'i nol Ir.�., .. ., , . •,��. � �. .,i:w:�y�nrn:iN ni:iy •i..�i .� Icy.0 F�viCiwn actwu. II Mi+na�an�n�•:�t �•x�:ir.a:. .� •.in.•..�1��. �.•��i.r,:.�,� ��1 .� sec��c�n ul Ilus Rerit<iI Ayreeuient by �:� � . . . ... � . .. + .il�i •d r.,ne��;r. !I�>. :.,�.��. � ��. ��N In (�r, a w�ivgf ray:��d�i�y .��r� �,::fr.ri�ur•�d �.u�nl:u vu�b+Sir�n. ur v�ul.iliUn ol 2ny other section o( Ihe Rer.:_:: r�,:c•_��uent If Rrr.it1Cr11 viUl:ttr••. ;.''h:•� I��rntti.i! Ifti� R�tnt��! /1t:fct'iqC�rt. !-G�• :�i�•:�; in,,; L•c� Cv�cli:tl �mm�Tdi:iU.ly 8nd tiv�IL•��u1 i��ii�� nnt��:��. If Rr•<q �. � . 1,nt is ev�aed bui does nUt rl�ove uu1 volun4.u:tq Ll:r:.�y�:nien; nt.ly li�ng .u� r�•ii:lNan a::4�n� :,�.,.r� .�� !er�n. P,�;�nay�:�nent ain rutai�r� ��r�•..�....:.n� :�( �tie Aparlment wilhout giving up .jny right to require Resi�e��t :� •:�,.y ��:nl for th�• r;;:ir,in�ng pe��cxi nt tl'�e R�n� i� 11qr��r�rt�ent. It Resiae�t violates a tenn o( th�s R,;n�ai A_yre2ment ��ut Management does nut sue o� ev�ct Res�den:. n,lnr�aqen;,�rn m:�y stilt.s:u� or evict ResideN fr�� :�rrv ulh•.r vioialion of �ny term oi this Hen�:,t Ar�rai�rn�xd. 22. OUTY TO PAY AFTER EVICTIUN: It Reside�t is ewcted nec:�use Res�deM violated a term ot Ihis Rental Ayreement, Reswent n,ust stiu pay the lull munth�y rent wud: t) tlr.: Ap:,nmcrn �s re-reiued, 2) ihe Aate th�s ficnt�il Ag�r:ement ends. 3) if Ihe Renlal Ag�eemenl is �nonlh-IO•month. ll�e next noLCe penod ends; Itthe Apartment is re-remed I�r less than the rent due under this Rentat Ag�eement. Resident witl be responsible tor the d�perence until the da!e lhis Rental Agreement ends or. ii u,�r I;��m;�i Aqreernern is monih-lo-monll�. umfl 1t�N end ot the next period. 23. SUBORDINATIO�i: :i�.��icr �,t n��:�uns AAan..�y��;;n! Io dei:ve� :�nv :�nc1 all necessary dr�cuments to any prec�;n; ur tulure n;urtyage or trusi deed aHect�ny the premises. 24. MANAGEMENT�S F..XERCISE OF LEGAL RIGNTS ANO f�EMEUIES: IVlanayement ,nay use any or a�t oi its :eyal r�ahEs c.inci remedies in any CUmhin.i!��u�:d ds u��::,r,. . ,_. . . . �•..��e::: I,n:. ; :�r�y b��jnl :a.�.r.r � .�.•; .t �. �c•� ;. f2��-,�,�ent :rn�st �i��, M:�naip n:��nl :..� .i�r,d .�'�,:,�:��1 .:�rr...�itd r.(n::l cti:;tti �:ve� if rent is paid after thr Ir.qai �ct��n ,� �t�rt�d � 25. REFtNENCL (;1- Tf_NiJ�S: Vdn�:��,.qi�;�•,��u.,l�: �.��;:�I,u �r��ir.: �i��.��tu I�iu �d,.ual.:ind �iinnouns oI oni: i�crnlci .�� I�.�:�. t��:,l� ,i�•r,�f,r,., 26. FALSE Ofl h715LL-AUING RFNTAI APPUCATION: l.us Re��t.d ilyu:irrngnl �s ente�ed inlo by Manaycrnent I�:�,cr1 on �.:�! :,n�tinr �vniten s�atemenls macfe try F?n.s��le,tt �n ,u�. � t, :•,;; 1;,��:.i;:�i�!ut. !?! �� c: d�•r��u�::»�:u n�,,f !{esul;an s,talements are noi Uue or r.om��:eti� d�on Uu, I?•;ntal Ayi+r�:n��nt will be considered inCU�nplelr :�nd M,ir.:�r�: �:. .. ... t'u; ,��rn. ;�; �:�,.:: i�:::,�•i,:•i: u�.�n�•�l�.�!,•iv :.�r.�l tiv�0w�tl pn�:tt ncUiccl 27. BUILDING RUL'c� iaVD A'1'7ACHMEfa fS AHE PARI" Of HElal'AL AGREEh9ENT, NO ORAL AGREEMEN75: Alteu.huwnts tv :ius I�eniu� Ayreement, it any. are mt�de a ��,u� ,� ��,, .(ir.rd.,l Agi::e, ii:nl. fvt�iidgJment�S Lia�c:uy, :u��5 aic ,li�u nwde :, part ul ti��s li�:n�.�l fU�lc�ini;�d. Thr: ��ia:�ayement can make «t:�snn:ib!�• i:h:uiy�• . :i� �• • . .. .. . . ..... .:d .�:�y enu• liv q�vi��r, wiiUrr. ^.. .. �„ i'ie :�d�nL Mn Oni :fry��•�YiCMs h:w�, rvr,•n n��t^�r•�I i:itc+ Thi� fi�n�.il AqrCp.inenl Wilh QS�iU.��lunctu:;.i�t.�.:�r; , !:un.��:i:�:�...:�.L..�.� .�....:.;d�nr .. • �. �.�iccni<�nll�clv.ceirf.1.�n.u�irnusd,..��i�ir�,�.�,•:.. �8. NOTICCS: i�ll �� ..i. :�..: .�_,fC":i: 1141:•,•Ii1rC].��I i:rNl.l�lll:. Ut::�..��. I 1-�\: i'✓:1�1:11)�!�Ih��ll Il� th..' 11�i.ttlt1lC111 �:nlc;hl�d�::. �-nr,��.nr nU1�Cr� ��).�4 (�i�:;I�ICtII:; 29. BUY-OUT CLAUSE: Residents may terrnin��Ic t1,u agrecmeu� .�; :�ny tune by yivi��g wrreert nc�l�ce at u+c: crid c�� ir+u rn<xdi, Io lvL,n;�yemeni no les� tha� one month in advance �d thr� daue Resi�l�nt irdends to vacate and by paym4 :it ITiat time 52U0.00 in liquidated damages lor .�arly Ierminauon. The Security Deposit shalt not be c��s�Jerecl ,:.�:� iif U�e SZOO.W :1nt1 lhe nuLce rnusl bC mailr.d lry f,rnlitied M�+d lo Managemenl .�t �IS uflice at: 8100121h Avr.�iue Suulh. Suile 200, [iloomingtun, MN 55•11:,. I� �c1uUc• yuur current and torwardi�x� addiess. 30. Res�dent a�pe• •:. ��! i„ ti,��i any ,,iu�kr: or lu�n�t�u�: �N� lhe halcony ��thi�r Ihan pat�u (urndu�c C;u�m.tinq �:: ir.d Ic� t�r insl�dleil un ;�:�Iw�'h�lw��es unless LIyICCd (0 1!1 W171it1C� by �n:�n.i�.�i�iru:n�. $1. Vl?IIiCICti nt��), ...,� !,�: i.:��.iuu�: ui e:.nk�:�l �tn tn tl�� .uEu�y iul u� Un�l�t�y�uun�l q.Ud�j<•:; :d :iny lu�u• J�n•� .�� .� ��d�m:.�:b• Ilcd ,•. �Luuayn�,� ih� �,�rking area from the weight �� ih,, m��chinr, or ;�try fluids th31 a�� 4:�kinq Irom va:iiicie and causi�g �Sphatt t0 deleno�atr. v.di b.. �pven � 24-h��ur nol�ce to move off prop�ny or win b�� totve� I..� �.��n��r's experisa Ch�iges lo r.��.,ur da�rwyc� �u p:+�ku�y ktl or yaraye ar�;t wiU be Ch:iry�� tr.t<.H. i�; 1 ic:,�dcn�. U�1HACiC liCNll�� i;�:::��1r:nl fCnl:; :� <�t�r�i�C qf ur�rlCrt)n�tin�l ��.u.�y(• :l:i:f, i1 i� undCrSluUd 1h�1 Il�e�' :ut� �i:�yuiu fur ,� ;;�)ac:c lo p�rk their ctu only. MBnayemenl is nut res{�vnsd�te lur �ny damaya ur lhell lu Ih�,s vetucie. Wle.kiye�uenl re,cu,nmencls that FiesiUent NrWaus 1�m�se11 ayauist such losses under lheu �lr insur,in� �e 1� 32. F'roper �vin.�i�r. :., . n:u;� :�r,;-.1 bi: �;n :��irun ;i(i �i;ry:. 1„�i, �ic:•... ��' LL�'l�. 33. Resident ac�� • �.., ,,. ,;�:;�ii�,y ;�u5icr � i�r v:id!cr� i��.�ti:i�.�: �:n �, .:it:neid w,nclows ur ap:i�mcnt �uui5 En�ineerin9 Sewer water Paiks Sueets Maintenancc ME MORANDTJM � TO: William W. Burns, City Manager ,��r� �� PW94086 FROM: John G. Flora, � ublic Works Director DATE: March 21, 1994 SUBJECT: Stinson Boulevard Public Hearing On August 18, 1993, I conducted a public meeting with the Public Works Director from Mounds View and the residents on Stinson Boulevard/Pleasant �ew Drive regarding a joint project to upgrade Stinson Blvd/Pleasant �ew Drive between 73rd and Osborne Road. Twenty-four residents attended that meeting. As a result of the meeting, a petition was prepared and walked through the neighborhood. Sixteen of the 18 residents (89%) signed the petition for the improvement of the street to 38-foot wide parking on both sides, with the understandin.g the concrete curb and gutter would be assessed at a cost not-to-exceed $8 per front foot. We are currently working with Mounds wew and Ramsey County to prepare the final plans and specifications for the project. Accordingly, it would be appropriate for this public hearing to be held to obtain any additionat information so that we may proceed with the contract advertisement and award. JGF:cz Attachment 2 � . t�: ►_ � `�-�-� � s o � �� Iiri!'�:'.A:� �� . .. � .:`.A'.�� I I o �O, R. 2 4 i nni erri.u�u.�,.r�rr.�r:I�..,. �r�ur�rr i ('il(IClS All!( ;Illt, ill( A:�A '.l1(1'::7J II115 LitA'.YII:!: li I() fl( (IS! (? CItIIY InR Rf/fF(NCE PURK)Sf$ Af:i7 !11( COUN� DL E Y IY IS NOI RfSPONSiP.(E !OR ANY IN � A�CURACIfS fl£HFIN CONiAINfD. 539/2 i � ��, � �° ...e.'CAKE — 1.�..-� _....� — \.»\ SPRIN� Nf�`R�ER � � � . ..�v r��vn�+a��v:o ---f'7-tc1T- 13 2A ___— _ ---'--' E//I CONNfN � • S£C, /1 C� _ _ :r %OIAND W ANDEU50r! ,.�-�;•.,�. ., v;�.,,; � ,MYY • ' ,'M: ��)��`I :r►.� ��' • M' • ' •I�I• • � �; � 1",� � � I�i F. ��: �: I �'1 ^ r . •/1 •l:d �41�L� � 151 �'v�✓� � I �, the City �i1 of the City of �idley, Anoka �aunty, Minnesota, has deemed it expedient to rec�ive evide.rice pertainii�g to the i�rovements hereinafter described. �. �, �I� ��t QVEN �►T on the 21st day of Ma�, 1994, at 7:30 p.m. the City Ckxincil will meet at the FYidley Municipal Centex Cbiuicil C��ambers, 6431 University Ave. , N. E. , FYidley, NIN, and will at said time and place hear all p�s-ties intere.sted in said i�raveme��ts in whole or in part. The general nature of the iu�z�ovements is the construction ( in the larxLs ar�d streets noted belaw) of the follawing it�rovements, to-�wit• �NS'I�[JCIrION I�'II�i Street ia�rrv�nerYts, includuzg grading, stabilized base, hot mix bitwninau�s mat, concr'ete curb and gutter, storm sewer system, watex ar�d sanitary sewer� lar�7SCaP�l, and othex facilities located as follaws: Partiallv Assessed Concrete curb and gutter not-to-e,xceed $8 per front foot Stin-son Boulevard 73rd Ave to Osborne Rpad All of the land abuttir�g upon said streets named abave ar►ci all l�rx3.s within, adjacent and abuttit�g thereto. � Al1 of said land to be asse.ssed pYr�portionately acoo�ling to the benefits re�ived by such i�ravecnent. Published: FRIDLEY F+OCiJS' Mazrh 8, 1994. Mazr.h 15, 1994 : � _ ��N �F FRlDLEY MEMORANDUM Municipal Center 6431 University Avenue Northeast Fridiey, Minnesota 55432 (612) 572-3507 FAX: (6y 2) 571-1287 William C. Hunt Assistant to the City Manager MEMO TO: WILLIAM W. BURNS, CITY MANAGER ('�� '� f��%/� FROM: WILLIAM C. HUNT, ASSISTANT TO THE CITY MANAGER/"��T ( SUBJECT: SECOND READING OF AN ORDINANCE AMENDING CHAPTER 4 OF THE FRIDLEY CITY CHARTER DATE: MARCH 8, 1994 Following passage on first reading on February 22, 1994 it is in order to schedule the second reading of an ordinance amending Chapter 4 of the Fridley City Charter. At the Council meeting of March 7, 1994, only four Councilmembers were present and the second reading was tabled. It would be in order to reschedule the second reading for the Council meeting af March 21, 1994. According to Minnesota Statutes 410.12, Subd. 7 the ordinance "shall be adopted by the couneil by an affirmative vote of all its members a£ter a public hearing upon two weeks' published notice containing the text of the proposed amendment and shall be approved by the mayor and published as in the case of other ordinances." There is no provision in the statute which would allow the Council to alter the amendment proposed by the Charter Commission. It is a straight up or down vote. The proposed changes are listed below by section. 4.02 Eliminates obsolete language. 4.02 Eliminates obsolete language, and deletes confusing reference to "regular" municipal elections in a section on primary elections. 4.06 4.07 4.08 Clarifies some language and raises filing fee from $5.00 to $10.00. Clarifies some language in the nomination petition. Eliminates redundant language and breaks up lengthy sentence. Attachments c: Charter Commissioners ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 4 OF THE FRIDLEY CITY CHARTER The City Council of the City of Fridley does hereby ordain as follows: That the following sections of the Fridley City Charter be amended as follows: CHAPTER 4 NOMINATIONS AND ELECTIONS Section 4.01. GENERAL ELECTION LAWS_TO APPLY. Except as hereinafter provided, the general laws of the State of Minnesota pertaining to registration of el.igible voters and the conduct of primary and general elections shall apply for all municipal elections of such officers as are specified in this Charter. The Council shall, through ordinances duly adopted in compliance with such state laws and this Charter, adopt suitable and necessary regulations for the conduct of such elections. (Ref. Ord. 857) Section 4.02. REGULAR MUNICIPAL ELECTIONS. Regular municipal elections shall be held on the first T�esday after the first Monday in November, at such�place,or places as the City Council may designate by resolution. Regular municipal elections shall be held every even numbered year. The Council.may divide the City into as many voting.precincts as it may from time to time deem necessary. Each ward shall constitute at least one (1) voting precinct and no precinct shall be in m�re than one (1) ward. At least fifteen (15) days' notice shall be given by the City Clerk of the time and places of holding such election, and of the officers to be elected, by posting a notice.thereof in at.least one (1) public place in each voting precinct and by publishing a notice thereof at least onae in the official newspaper of the City, but failure to give such notice shall not invalidate such election. (Ref. Ord. 919, Ord. ) Section 4.03. PRIMARY ELECTIONS. On the first Tuesday after the second Monday in September there shall be a primary election for the selection of two (2) nominees for each elective office at the regular municipal election, unless only two (2) nominees file for each elective office. Primary municipal elections shall be held -every even numbered year, if necessary. (Ref. Special Election 4/12/60, Ord. 592, Ord. 919, Ord. _ _) Section 4.04. SPECIAL ELECTIONS. The Council may by resolution order a special election, fix the time of holding the same, and provide all means for holding such special election, provided that three (3) weeks' published notice shall be given of said special election. The procedure at such 3A � elections shall conform as nearly as possible to that herein provided for other municipal elections. Section 4.05. JUDGES OF ELECTION. The Council shall at least twenty-five (25) days before each municipal election appoint two (2) registered voters of each voting precinct to be judges of elections therein and one (1) registered voter of the same precinct to be head judge of election, or as many more or less as may be determined by the Council. No person signing or circulating a petition of nomination of candidate for election to office or any member of a committee petitioning for a referendum or recall shall be eligible to serve as a judge of such election. (Ref. Ord. 592, Ord. 873) Section 4.06. NOMINATIONS BY PETITION. The mode of nomination of all elective officers provided for by this Charter shall be by petition. The name of any eligible voter of the City shall be printed upon the ballot whenever a petition as hereinafter prescribed shall have been filed in that person's behalf with the City Clerk. Such petition shall be signed by at least ten (10) registered voters qualified to vote for the office in question. No elector shall sign more than one petition for any office for which there is an election. Should such a case occur, the signature shall be void as to the petition or petitions last filed. All nomination petitions shall be filed with the City Clerk in accordance with Minnesota State Statutes. Each petition, when presented, must be accompanied by a ten dollar ($10.00) filing fee. (Ref. Special Election 4/12/60, General Election 11/3/64, Ord. 825, Ord. 857, Ord. 921, Ord. ) Section 4.07. NOMINATION PETITIONS. The signatures to the nomination petition need not all be appended to one (1) paper, but to each separate paper there shall be attached an affidavit of the circulator thereof stating the number of signers of such paper and that each signature appended thereto was made in the circulator's presence and is the genuine signature of the person whose name it purports to be. With each signature shall be stated the place of residence of the signer, giving the street and number or other description sufficient to identify the same. The nominee shall indicate by an endorsement upon the petition acceptance of the office if elected thereto. The form of the nomination petition shall be substantially as follows: NOMINATION PETITION We, the undersigned, registered voters of the City of Fridley, hereby nominate . . . , whose residence is . . . . , for the office of ...., to be voted for at the election to be held on the . . . . day of . . . . . , 19 . . ; and we individually certify that we are registered voters and that we have not signed other nomination petitions of candidates for this office. Name Street and Number . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . being duly sworn, deposes and says, "I am the circulator of the foregoing petition paper containing signatures and that ��signatures appended thereto were made in my presence and are the genuine signatures of the persons whose names they purport to be." Subscribed and sworn to before me this ..... day of ..... , 19 . . This petition, if found insufficient by the City Clerk, shall be returned to . . . . . . , at Number . . . . . . . Street. I hereby indicate my willingness to accept the office of .... if duly elected thereto. (Ref. Ord. 857, Ord. ) Section 4.08. CANVASS OF ELECTIONS AND TAKING OF OFFICE. The Council shall meet and canvass the election returns within seven (7) calendar days after any regular or special election, shall make full declaration of the results, and file a statement thereof with the City.Clerk. Said statement shall be made a part of the minutes. This statement shall include: (a) the total number of good ballots cast; (b) the tota]. number of spoiled or defective ballots; (c) the vote for each candidate, with a declaration of those who are elected; (d) a true copy of the ballots used; (e) the names of the judges of election; and (f) such other information as may seem pertinent. The City Clerk shall forthwith notify all persons elected of the fact of their election, and the persons elected shall take office at the time provided for by Section 3.01, upon taking, subscribing and filing with the City Clerk the required oath of office. (Ref. Ord. 592, Ord. ) PASSED AND ADOPTED BY THE'CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1994. . ATTEST: WILLIAM A. CHAMPA - CITY CLERK WILLIAM J. NEE - MAYOR Public Hearing: February 7, 1994 First Reading: February 22, 1994 Second Reading: 3C � U � Community Development Department PLANNING DIVISION City of Fridley DATE: March 17, 1994 � TO: William Burns, City Manager,�� FROM: SUBJECT: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Second Reading of the O-4, Wetland Overlay District Ordinance The City Council conducted first reading of the O-4, Wetland Overlay District ordinance at its March 7, 1994 meeting. The ordinance establishes guidelines for development in and around wetlands, and also established fees for applications and administrative review of applications. Staff recommends that the City Council hold the second and final reading of the ordinance. Scheduled later in the agenda is an item approving the official title and summary of the ordinance for publication. MM/dn M-94-140 ORDINANCE NO. AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 205, ENTITLED '�ZONING", BY ADDING 205.27 (0-4 WETLAND DISTRICTj AND RENIIMBERING CON3ECOTIVE SECTIONS, AND AMENDING CHAPTER 11, ��GENERAL PROVISIONS AND FEES�� The City Council of the City of Fridley, Minnesota hereby ordains: 205.27 0-4 WETLAND DISTRICT 1. PIIRPOSE AND INTENT It is the purpose and intent of this section to establish special controls to protect the unique and valuable wetland resources within the City of Fridley. 2. DISTRICT BOIINDARIES The boundaries of the O-4 district shall be located on the official overlay map of the City of Fridley and shall encompass all areas delineated within the Wetland Delineation and Evaluation Study, Westwood Engineering 1993. The boundaries of the O-4 district are subject to change due to site-specific delineations accepted by the City. 3. POLICY A. The preservation and use of significant wetlands is critical to the environment. The City will'coordinate with federal, state and local agencies in order to achieve no net loss of wetlands. B. Significant wetlands will be maintained in their natural condition or improved to provide more benefits for water quality management, with consideration for other amenities. C. The City encourages sound, contemporary land use development that incorporates grassed, open, and wetland spaces to allow infiltration of precipitation in all land use categories. D. The City proposes to preserve and enhance wetlands within the community through implementation of development regulations that will ensure the design and construction of adequate on-site storm water sedimentation and retention and detention basins, flow �_� Page 2 - Ordinance No. control devices, and implementation of effective erosion control techniques. E. The City will comply with and implement the 1991 Wetland Conservation Act and the accompanying rules of the Minnesota Board of Water and Soil Resources. 4. INCORPORATION BY REFERENCE This ordinance incorporates the following documents by reference: A. The 1991 Wetland Conservation Act (the Act) and Minnesota Rules, 8420. B. The Federal Manual for ldentifying and Delineating Jurisdictional Wetlands dated January 1989, with appropriate amendments. C. The United States Fish and Wildlife Service Classification of Wetlands and Designation Habitats, Table 4. D. Wetlands and Deep water Habitats of the United States. E. Minnesota Statutes, Chapter 103. 5. WETLAND OVERLAY DISTRICT REGIILATIONS A. No development shall be allowed within a wetland overlay district without first: (1) Having the City or the Local Government Unit certify that the activity is exempt as defined in Section 205.27.04, or (2) Having the City or the Local Government Unit certify an acceptable wetland replacement plan submitted by the applicant for compliance with the Act. B. Prior to the issuance of a City permit, the petitioner must show proof of, compliance or exemption fron the DNR and Corps of Engineers regulations concerning drainage, grading, or filling of wetlands. In addition, the application must show consideration of the affected wetland values for stormwater runoff storage and detention, sedimentation and nutrient trapping and retention, fish and wildlife habitat, and the recreation and open space needs of the community. � '� Page 3 - Ordinance No. C. � Sequencing (1) The following principles of wetland mitigation are listed in descending priority. A wetland replacement plan shall not be approved unless the applicant has demonstrated that the activity impacting a wetland has complied with the highest priority possible: (a) Avoids direct or indirect impacts to the wetland that may destroy or diminish the wetland; (b) Minimizes the impact to the wetland by limiting the degree or magnitude of the wetland activity and its implementation; (c) Rectifies the impact by repairing, rehabilitating, or restoring the affected wetland; (d) Reduces or eliminates the impact to the wetland over time by preservation and maintenance operations; and (e) Replaces unavoidable impacts to the wetland by restoring or creating substitute wetland areas having equal or greater public value. (2) The applicant may either submit the information required for sequencing analysis as part of the application for replacement plan approval or apply for a preliminary sequencing determination from the City. For projects impacting wetland areas less that 4,356 square feet, the City may provide on-site sequencing determinations without written documentation from the applicant. Sequencing Determinations (1) The City shall determine whether any feasible and prudent alternatives are available that would avoid impacts to wetlands. An alternative shall be considered feasible and prudent if: (a) It is in accordance with accepted engineering standards and practices; (b) It is consistent with reasonable requirements of the public health, safety and general welfare; 4C Page 4 - Ordinance No. (c) it is an environmentally preferable alternative based on a review of social, economic, and environmental impacts; and (d) It would create no truly unusual problems. (2) The City shall consider the following in evaluating alternatives: (a) The basic project purpose can be reasonably accomplished using one or more other sites in the same general area that would avoid wetland impacts. An alternate site may not be excluded from consideration only because it includes or requires an area not owned by the applicant that could be easily obtained, used, expanded, or managed to fulfill the basic purpose of the proposed project; (b) The general suitability of alternate sites considered by the applicant; (c) Whether reasonable modification of the size, scope, configuration, or density of the project would avoid impacts to wetlands; (d) Efforts by the applicant to accommodate or remove constraints on alternatives imposed by zoning standards or infrastructure, including requests for special use permits, variances, or planned unit developments; and (ej The physical, economic, and demographic requirements of the project. Economic considerations alone do not make an alternative not feasible and prudent. (3) If the City determines that a feasible and prudent alternative exists that would avoid impacts to wetlands, it shall deny the replacement plan. (4) If no feasible and prudent alternative is available that would avoid impacts to wetlands, the City shall evaluate the replacement plan to determine that it will minimize impacts to wetlands. The City shall use the following criteria to determine the sufficiency of the applicant's efforts to minimize impacts to wetlands: (a) The spatial requirements of the project; � � Page 5 - Ordinance No. (b) The location of existing structural or natural features that may dictate the placement or configuration of the project; (cj The purpose, of the project and how the purpose relates to the placement, configuration, or density; (d) The sensitivity of the site design to the natural features of the site, including topography, hydrology, and existing vegetation; (e) (f) (9) The value, function, and spatial distribution of wetlands on the site; Individual and cumulative impacts, and An applicant's efforts to: ((1)) Modify the size, scope, configuration or density of the project; ((2)) Remove or acco�aodate site constraints including zoning, infrastructure, access, or other features; and ((3)) Minimize other impacts. (5) If the City finds that an applicant has not complied with the requirements to minimize wetland impacts, the City shall list, in writing, its objections to the project. If, within 30 days, the applicant does not withdraw the project proposal or indicate intent to submit an amended project proposal satisfying the City's objections, the statement of objections shall constitute a deniai. (6) Temporary impacts to a wetland shall be rectified by repairing, rehabilitating, or restoring the affected wetland. The City may determine that an applicant's activity may qualify for a no-loss determination if the following criteria are met: (a) The physical characteristics of the affected wetland, including ground elevations, contours, inlet dimensions, outlet dimensions, substrate, hydrologic regime, are 4E Page 6 - Ordinance No. restored to pre-project conditions sufficient to ensure that all pre-project functions and values are restored; (b) The activity is completed and the physical characteristics of the wetland are restored within six months of the start of the activity; (c) The party responsible for the activity provides a performance bond to the City for an amount sufficient to cover the estimated cost to restore the wetland to pre-project conditions. The City shall return the perforrnance bond to the responsible party upon a determination by the City that the conditions in Section 205.27.5.D.(6).(c) and Section 205.27.5.D.(4). (d) An applicant shall be granted a no-loss determination under the criteria a through c - above once in a ten-year period for a particular site within a wetland, except that repairs to the original project shall be allowed under the no-loss determination, if the City determines the xequest to be necessary and reasonable. (7) After an activity is completed, further wetland impacts from the draining or filling must be reduced or eliminated by maintaining, operating, and managing the project in a manner that preserves and maintains remaining wetland functions and values. The City will require applicants to implement best management practices to protect wetland functions and values. (8) Unavoidable wetland impacts that remain after efforts to minimize,.rectify, reduce, or eliminate them must be replaced. 6. EX�MPTIONS A. The following activities are exempt from the O-4, Wetland Overlay District regulations: (1) Activities in a wetland created solely as a result of: (a) Beaver dam construction; 4F Page 7 - Ordinance No. (b) Blockage of culverts through roadways maintained by a public or private entity; (c) Actions by public entities that were taken for a purpose other than creating the wetland; (d) Any combination of (a) to (c). (2) Impoundments or excavations constructed in non- wetlands solely for the purpose of effluent treatment, storm water retention, soil and water conservation practices, and water quality improvements, and not as part of a compensatory wetland mi,tigation process, that may, over time, take on wetland characteristics, are also exempted. (3) Placement, maintenance, repair, enhancement, or replacement of utility or utility-type service, including the transmission, distribution, or furnishing, at wholesale or retail, of natural or manufactured gas, elec�ricity, telephone, or radio service or communications; (4) Activities associated with routine maintenance of utility and pipeiine rights-of-way, provided the activities do not result in additional intrusion into the wetland; (5) Activities associated with routine maintenance.or repair of existing public highways, roads, streets, and bridges, provided the activities so not result in additional intrusion into the wetland outside of the existing right of way; (6) Emergency repair and normal maintenance of existing public works, provided the activity does not result in additional intrusion of the public works into the wetland and do not result in.the draining or filling, wholly or partially, of a wetland; (7) Normal maintenance and repair o causing no additional intrusion structure into the wetland, and repair of private crossings tha the draining or filling, wholly wetland. This exemption applies structures, such as buiZdings o 4G f structures of an existing maintenance and t do not result in or partially, of a to private r road crossings; Page 8 - Ordinance No. (8) Activities that result in the draining or filling of less than 400 square feet of wetlands. This exemption applies if the total wetland loss by draining and filling will be less than 400 square feet per year per landowner, and the cumulative impact by all persons on a wetland over time after January 1, 1992, does not exceed five percent of the wetland's area. 7. REPLACEMENT PLAN DETERMINATIONS A. A landowner intending to drain or fill a wetland who does not qualify for an exemption in Section 14 or a no-loss determination in Section 205.27.5.D.(6).(a-d) shall obtain approval of a replacement plan from the City or local government unit before beginning draining. or filling. B. The City shall, within ten days of receipt of the application, mail a copy of the application and an invitation to submit comments to the Board of Water Soil Resources (the board), which will publish it in the Environmental Quality Board Monitor; members of public who have requested a copy• the soil and water conservation district; the watershed district or watershed management organization; the county board; mayors of cities within the watershed; and the commissioners of agriculture and natural resources. the same time, the City shall publish notice of the application with an invitation for comment in the City's official newspaper. and the fZa C. The City shall not make its decision before 30 days and not more than 60 days have elapsed from the mailing of notice, publication in the Environmental Quality Board Monitor, when required, or publication in the newspaper, whichever is later. The City�s decision shall not be effective until 30 days after a copy of the decision has been mailed to the Environmental Quality Board Monitor for publication, when required, and mailed to the same list specified above for notice of the application, and to the applicant. The mailing to the applicant shall be by registered mail and shall advise that the decision is not effective for 30 days and is stayed if it is appealed. D. The City's decision shall be based on the replacement standards in Section 205.27.8 and on the determination of the Technical Evaluation Panel concerning the public values, location, size, and type of wetland being altered. The City shall consider the recommendation of 4H Page 9 - Ordinance No. the Technical Evaluation Panel to approve, modify, or reject the proposed replacement plan. 8. REPLACEMENT PLAN COMPONENTS A. On a Combined Joint Notification form provided by the City, and with needed attachments supplied by the applicant, the following documentation shall be provided: (1) Organizational information, including the � following: (a) The post office address of the applicant; (b) For corporations, the principal officers of the corporation, any parent companies, owners, partners, and joint ventures, and a designated contact person; (c) Managing agents, subsidiaries, or consultants that are or may be involved with the wetland draining or filling project; (2) An affidavit confirming that the wetland values will be replaced before or concurrent with the actual draining or filling of a wetland. The City may require an irrevocable bank letter of credit or other security acceptable to the City to guarantee the successful completion of the proj ect ; (3) For the impacted wetland: (a) A recent aerial photograph or accurate map of the impacted wetland area; (b) The location of the wetland, including the county, watershed name or number, and public land survey with the coordinate of the approximate wetland center; (c) The size of the wetland, in acres or square feet; (d) The type of wetland using USFWS Circular 39, and NWI mapping conventions; (e) A list of the dominant vegetation in the impacted wetland area, including common names of the vegetation exceeding 20 percent 41 Page 10 - Ordinance No. coverage and an estimate of coverage; (f) A soils map of the site showing soil type and substrate, where available; (g) The size of the watershed that drains surface water into the wetland as determined from a United States Government Survey topographical map or other suitable topographical survey; (h) The locations of any surface inlets or outlets, natural or otherwise, draining into or out of the wetland, and if the wetland is within the floodplain of a stream, river, or other watercourse, the distance and direction to the watercourse; (i) A map, photograph, or written description�of the land use of the immediate watershed within one mile of the impacted wetland. The surrounding land use information shall also indicate the presence and location, if any, of wetland preservation regions and areas, wetland development avoidance regions and areas, and wetland defieient regions and areas as identified in the comprehensive water plan; (j) The nature of the proposed project, its areal extent,. and the impact on the wetland must be shown in sufficient detail to allow the City to determine the amount and typ�s of wetland to be impacted and to demonstrate compliance with the replacement sequencing criteria in Section 5D; (k) Evidence of ownership or rights to the affected areas, including a legal description. When two or more landowners are involved, including both the impact site and the proposed replacement site, a contract or other evidence of agreement signed by all landowners and notarized must be included with the replacement plan. The contract or agreement must contain an acknowledgement of the covenant provisions in Section 205.27.7.4.9, by landowners on which a replacement wetland is proposed and the location and acreage of replacement wetlands. The contract becomes binding upon final approval of the replacement plan; 4J Page 11 - Ordinance No. (1) A list of all other local, state, and federal permits and approvals required for the activity; and (m) Other information considered necessary by the City for evaluation of the activity. (4) For the replacement wetland: (a) A recent aerial photograph or accurate map of the replacement wetland area; (b) The location of the wetland, including the county, watershed name or number, and public land survey coordinate of the approximate wetland center; (c) The size of the wetland, in acres or square f eet ; (d) The type of wetland using USFWS Circular 39, and NWI mapping conventions; (e) A list of the dominant vegetation in the impacted wetland area, including common names of the vegetation exceeding 20 percent coverage and an estimate of coverage; (f) A soils map of the site showing soil type and substrate, where available; (g) The size of the watershed that drains surface water into the wetland as determined from a United States Government Survey topographical. map or other suitable topographical survey; (h) The locations of any surface inlets or outlets, natural or otherwise, draining into or out of the wetland, and if the wetland is within the floodplain of a stream, river, or other watercourse, the distance and direction to the watercourse; (i) A map, photograph, or written description of the land use of the immediate watershed within one mile of the impacted wetland. The surrounding land use information shall also indicate the presence and location, if any, of wetland preservation regions and areas, wetland development avoidance regions and areas, and wetland deficient regions and � Page 12 - Ordinance No. areas as identified in the comprehensive water plan; (j) Evidence of ownership or rights to the affected areas, including a legal - description. When two or more landowners are involved, including both the impact site and the proposed replacement site, a contract or other evidence of agreement signed by all landowners and notarized must be included with the replacement plan. The contract or agreement must contain an acknowledgement of the covenant provisions in paragraph 9, by landowners on which a replacement wetland is proposed and the location and acreage of replacement wetlands. The contract becomes binding upon final approval of the replacement plan; (k) A list of all other local, state, and federal permits and approvals required for the activity; (1) An explanation of the size and type of wetland that will result from successful completion of the replacement plan; (m) Scale drawings showing plan and profile views of the replacement wetland and fixed photo-reference points for monitoring purposes.. Photo-reference points should include views of any control structures and enough additional points to accurately depict the entire project; (n) How the replacement wetland shall be constructed, including the best management practices that will be implemented to prevent erosion or site degradation; (o) For created wetlands only, additional soils information sufficient to determine the capability of the site to produce and maintain wetland characteristics; (p) A timetable that clearly states how and when implementation of the replacement plan shall proceed, and when construction of the replacement wetland shall be finalized; (q) A notice in a form provided by the BWSR L:� � Page 13 - Ordinance No. attached to and recorded with the deed for lands containing a replacement wetland, specifying the following: ((1)) The location of the replacement wetland; ((2)) That the wetland is subject to the act; ((3)) That the fee title owner is responsible for the costs of • repairs or reconstruction, if necessary, or for replacement costs; ((4)) That reasonable access to the replacement wetland shall be granted to the proper authorities for inspection, monitoring, and enforcement purposes; ((5)) That costs of title review and document recording is the responsibility of the fee title owner; and {(6)) That the City or board can require necessary repairs or reconstruction work to return the wetland to the specifications of the.approved replacement plan and require reimbursement or reasonable costs from the wetland owner, or can require replacement of the wetland according to the Act; (r) A statement that the replacement wetland was not previously restored or created under a prior approved replacement plan; (s) A statement that the replacement wetland was not drained or filled under an exemption during the previous ten years; (t) A statement that the replacement wetland was not restored with financial assistance from public conservation programs; (u) A statement that the replacement wetland was not restored using private funds other than 4M Page 14 - Ordinance No. those of the landowner unless the funds are paid back with interest to the individual or organization that funded the restoration and the individual or organization notifies the City in writing that the restored wetland may be considered for replacement; (v) A plan for monitoring the success of the replacement plan in meeting the project goal in paragraph 1 and as specified in Section 205.27.12; and (w) Other information considered for evaluation of the project by the City. (5) The applicant must provide information considering the special considerations criteria in Section 205.27.8.G. 9. REPLACEMENT PL�N EVALIIATION CRITERIA A. Before consideration or approval of the replacement plan, the City shall ensure that the applicant has exhausted all possibilities to avoid and minimize adverse impacts according to sequencing in Section 5D. B. The order of preference for the method of replacement, from the most preferred to least preferred: (1) Project-specific restoration; (2) Project-specific creation; (3) Wetland banking. Modification or conversion of non-degraded wetland from one wetland type to another does not constitute adequate replacement. Wetlands drained or filled under an exemption may not be restored for replacement credit for ten years after draining or filling. C. Replacement of wetland values shall be completed before or concurrent with the actual draining or filling of a wetland, unless an irrevocable bank letter of credit or other security acceptable to the City is submitted to the City to guarantee successful completion of the replacement. All wetlands to be restored or created as part of an approved replacement plan shall be clearly designated prior to approval of the replacement plan by the City. � Page 15 - Ordinance No. D. Replacement wetlands shall be located in the same watershed as the impacted wetlands, or the ra�io in Section 205.27.10 shall apply. E. Replacement wetlands must be of a size sufficient to ensure that they provide equal or greater public value than the wetland that was drained or filled. The minimum size of the replacement wetland must be in the ratio of two acres of replaced wetland for each acre of drained or filled wetland. The actual replacement ratios required for a replacement wetZand.may be more than the minimum, subject to the evaluation of wetland functions in Section 9. Future owners may make no use of the wetland after it is altered for. a period of ten years unless future replacement to achieve a 2:1 ratio occurs. The landowner shall record a notice of this restriction in the office of the county recorder in which the project is located. F. Restoration and replacement of wetlands must be accomplished according to the ecology of the landscape area affected. A replacement plan that would result in wetlands or wetland characteristics that do not naturally occur in the landscape area in which the replacement will occur will not be approved. G. The following factors when, applicable to an impact or replacement site, shall be considered by the City: (1) The site contains endangered species listed in Minnesota Rules, parts 6134.0200 to 6134.0400 and the proposed activities would take those species, the replacement plan shall not be approved. (2) The site contains a rare natural community, and the proposed activity would adversely affect the community, the replacement plan shall not be approved. (3) The site contains a significant fish and wildlife resource; including but not limited to fish passage and spawnir.g areas, colonial waterbird nesting colonies, migratory waterfowl concentration areas, deer wintering areas, or wildlife travel corridors, and the proposed activity would adversely impact those resources, the replacement plan shall not be approved. (4) The site contains archaeological or historic areas, and the activity would adversely affect those areas, the replacement plan shall not be . � Page 16 - Ordinance No. approved. (5) The proposed activity would have significant adverse impact on the groundwater quality, the replacement plan shall not be approved. (6) The proposed activity would have significant adverse impact on the water quality of outstanding resource value waters as listed in Minnesota Rules, 7050.0180 or on trout waters, the replacement plan shall not be approved. (7) Wetlands used for educational or research purposes shall be maintained or adequately replaced. (8) The proposed activity involves known or potential hazardous wastes. Such activities shall be conducted in accordance with applicable federal or state standards. (9) The proposed activity shall be consistent with other plans, including, but not limited to zoning, comprehensive, watershed management, and land use plans. 10. EVALUATION OF WETLAND FIINCTION$ AND VALIIES A. Replacement wetlands shall replace the functions and values that are lost from a wetland that is drained or filled. A replacement wetland should replace the same combination or functions and values provided by the impacted wetland. The wetland type index system in Minnesota Rules 8420.0540, subpt 10, item B, uses relative values of wetland functions compared across wetland types to evaluate the adequacy of wetland replacement. The City may allow the evaluation of wetlands by measuring and comparing public values specified in Minnesota Statutes, section 103b.3355, with the current version of the Minnesota wetland evaluation methodology or another scientifically acceptable methodology. B. Table 4, Minnesota Rules, part 8420.0550, provides technical specifications for constructing wetland types. In evaluating a wetland replacement plan, the City shall determine whether the wetland type stated as the replacement plan goal will result from the replacement plan specifications. If a wetland type other than the replacement plan goal is likely to result, the City shall evaluate the plan based on this determination. � � Page 17 - Ordinance No. C. The City may consider allowing constructed stormwater detention basins for replacement credit if the basin conforms to the following specifications: (1) The basin design uses a two-cell system in which the upstream cell has a 24-hour retention time for a two-year storm event; (2) The downstream cell is designed for a maximum 12-inch rise.in water level for a ten-year storm event; (3) The standards in Minnesota Rules, part 8420.0550 are followed; (4) The design goal is a palustrine emergent wetland that meets all statutory definitions.of a wetland,. for example, soils, hydrology, and vegetation. Only the downstream cell can be counted for wetland credit, and the replacement plan must include a plan and schedule for maintenance of the storm water basin system. Storm water basins which allawed for replacement are not eligible for an exemption; and (5) Storm water management basins constructed for the primary purpose of controlling or treating stormwater runoff from impervious surfaces or.. developed areas, not conforming to the units in 1-4 above, are not considered wetlands. These are therefore exempt from replacement plan requirements when.constructed in non-wetlands, and. also cannot be considered for credit as part of a replacement plan, regardless of their location. D. When wetland functions lost as a result of drainage or filling are replaced by restoring a wetland of the same type and in the same watershed with the same inlet and outlet characteristics as described in Section 205.27.9.E, and related definitions, the replacement shall be considered to be in-kind and the minimal replacement ratio shaZl be used to determine the necessary size of the replacement wetland. The minimum replacement ratio is 2:1, requiring two times the impacted area be replaced. E. If the wetland functions lost as a result of drainage or filling are to be replaced by creating a wetland or restoring a wetland of a different type than the impacted wetland, or if the replacement wetland is in a watershed other than the impacted wetland or had � � Page 18 - Ordinance No. different inlet and outlet characteristics than the impacted wetland, the replacement shall be considered out of kind, and the City shall use the replacement ratios in Minnesota Rules, 8420.0540, subpt b, item D, Table 2, to determine the amount of replacement wetland needed to replace the lost wetland values. (1) Differences in wetland functions and values among wetland types are to be evaluated and replaced using the wetland type ratio table located and, to be applied as specified in Administrative Rules, 8420.0540, subpt 10, Table 2. The wetland type ratio table incorporates an evaluation of public values as specified in Minnesota Statutes, section 103B.3355, for the purposes of comparison among wetland types. (2) If a wetland to be drained or filled exhibits more than one wetland type as determined by the Technical Evaluation Panel, and more than one wetland type is proposed to be drained or filled, the City shall use the following procedure to determine needed replacement. The acreage of each wetland type to be converted to non-wetland shall be determined. The wetland type ratio table shall then be used to determine the amount of replacement wetland for each wetland type. The sum of the replacement for each wetland type shall be the resultant acreage requirement for the wetland type ratio. (3) When a replacement wetland is located in a different hydrologic unit than the impacted wetland, as indicated by the USGS Hydrologic Unit Map for Minnesota, the ratios in MInnesota Rules 8420.0540 must be followed. (4) If the inlet and outlet characteristics of a replacement wetland differ from those of the impacted wetland, the ratios in Minnesota Rules 8420.0540 Table 3 shall be applied. (5) The City may, by local ordinance, establish additional local public value to address wetland conservation or preservation issues of local concern. These ratios shall have a minimum value of zero and shall be based on wetland management objectives of a local water management plan adopted under Minnesota Statutes, Chapter 103B or 103D. L"ii� Page 19 - Ordinance No. (6) The required replacement ratio for out-of kind replacement shall be the sum of the wetland type ratio plus the hydrologic unit ratio plus the inlet and outlet characteristic ratio plus the local public value ratio. If this ratio is less than the minimum in-kind ratio, the minimum in-kind ratio shall be the required replacement ratio. (7) In cases of partial drainage, the amount of wetland to be replaced shall be calculated using the formulas in Minnesota Rules 8420.0540, Item E. (8) In cases where partially drained wetlands are restored to their former state, credit may be received as calculated in Administrative Rules 8420.0540, Item F. (9) For projects of unusual complexity, or replacement plans that have been denied and are being appealed, and for which the City believes an alternative evaluation process may produce a substantially different replacement requirement, the City may evaluate the replacement plan using the current version of the Minnesota wetland evaluation methodology or another scientifically accepted methodology approved by the board, in consultation with the Commissioner, that evaluates all wetland functions and values for both the impacted and replacement wetlands. When using the Minnesota wetland evaluation methodology or another board, in consultation with the Commissioner, approved methodology to evaluate replacement plans, the ratio of impact wetland to replacement wetland shall not be less than the minimum required. Further, the hydrologic unit ratio, the inlet and outlet characteristics ratio, and the local public value ratio, shall also be considered when using the Minnesota wetland evaluation methodology or another board, in consultation with the Commissioner, approved methodology. (10) A replacement plan that fails to meet the requirements in items 1-8 shall be considered inadequate in replacing lost functions and values and shall not be approved by the City. A replacement plan that has been considered by the City and not approved may be revised and resubmitted for consideration by the City. The 4S Page 20 - Ordinance No. decision of the City to approve, approve with conditions, or not approve a replacement plan becomes final if not appealed to the board within 30 days after the date on which the decision is mailed to those required to receive notice of the decision. Before construction of the wetland, a notice as required in Section 205.27.7.4.9 must be recorded and proof of recording provided to the City. 11. WETLAND REPLACEMENT STANDARD8. A. The standards and guidelines in this part shall be used in wetland creation and restoration efforts to ensure adequate replacement of wetland functions and values. Minnesota Rules 8420.0540, Table 4 provides general guidelines for the physical characteristics that each type of replacement wetland should have. B. The standards in items 1 to 8 shall be followed in all wetland replacements unless the technical evaluation panel determines that a standard is clearly not appropriate. (1) Water control structures must be constructed using specification provided in the Minnesota Wetland Restoration Guide or their equivalent. Control structures may be subject to the department dam safety regulations. (2) Best management practices must be established arid maintained to the entire perimeter of all replacement wetlands. (3) For replacement wetlands where the dominant vegetation of the wetland type identi�ied as the replacement goal in Section 205.27.7.A.4.1, is not likely to recover naturally in a five-year period, wooded and shrub wetlands especially, the replacement wetland must be seeded or planted with appropriate species, as determined by the soil and water conservation district, the seed or planting stock should be of loaal wetland origin to preserve local genotypes. During the monitoring period, the applicant must take reasonable steps to prevent invasion by any species, for example, purple loosestrife and Eurasian water milfoil, that would defeat the re-vegetation goal of the replacement plan. (4) Erosion control measures as determined by the soil 4T Page 21 - Ordinance No. and water conservation district must be employed during construction and until permanent ground cover is established to prevent siltation of the replacement wetland or nearby water bodies. (5) For all restored wetlands where the original organic substrate has been striped away and for all created wetlands, provisions must be made for providing an organic substrate. When feasible, t�e organic soil used for backfill should be taken from the drained or filled wetland. (6) The bottom contours of created types 3, 4, and 5 wetlands should be undulating, rather than flat, to provide a variety of water depth. (7) Sideslopes of created wetlands and buffer strip must not be steeper than 5:1, five feet horizontal for every one foot vertical as averaged around the wetland. Sideslopes of 10:1 and 15:1 are preferred. (8) Created wetlands should have an irregular edge to create points and bays to be consistent with Section 205.27.8.F. 12. MONITORING ANNIIAL REPORT A. The purpose of wetland value replacement monitoring is to ensure that the replacement wetland achieves the goal of replacing lost functions and values. B. The applicant City on a date applicant has City. shall submit the annual report to determined by the Cit� until the fulfilled all of the requirements the of the C. The purpose of the annual report is to describe actual wetland restoration or creation activities completed during the past year, activities planned for the upcoming year, and the information in Section B. D. The annual report shall include the following information and other site-specific information identified by the City: (1) A description of the project location, size, current wetland type (Cowardin classification), and desired wetland type (goal); (2) A comparison of the as-built specifications versus 4U Page 22 - Ordinance No. the design specifications (first annual plan only) and a rationale for significant changes; (3) Hydrology measurements: seasonal water level elevations during the period April through October (msl or referenced to a known benchmark); (4) A list of the dominant vegetation in the wetland, including common names of the vegetation exceeding 20 percent coverage and an estimate of coverage. (5) Color photographs of the project area taken anytime during the period June through August, referenced to the fixed photo-reference points identified on the wetland replacement plan and labeled accordingly. 13. MONITORING DETERMINATIONS BY T8E CITY The City: A. Shall inspect the project when construction is complete and certify compliance with construction specifications, and may inspect the project at any time during the construction and �onitoring period, and any time after that to assess the long-term viability of the replaced wetland. When the City certifies that the construction specifications have been met, the City shall so advise the applicant and return any bond or other security that the applicant had provided; B. May order corrective action at any time during the required monitoring period if it determines that the goal of the approved replacement plan will not be met, and may require the applicant to prepare an amended wetland value replacement plan for review and approval by the City, which describes in detail the corrective measures to be taken to achieve the goal of replacing the lost wetland functions and values; C. Shall make a finding based on a site visit at the end of the monitoring period as to whether the goal of the replacement plan has been met. If the goal of the replacement plan has not been met, the City shall order corrective action and extend the monitoring period; and D. Shall require one or more of the following actions if, during the monitoring period, the City finds that the goal of the replacement plan will not be met: (1) Order the applicant to prepare and implement a new �� Page 23 - Ordinance No. �2) (3) (4) (5) (6) replacement plan; Issue a cease and desist order on the draining and filling activity if it has not been completed; Order restoration of the impacted wetland; Obtain forfeiture of a bond or other security and use the proceeds to replace the lost wetland values; Ask the district court to order the applicant to fulfill the replacement plan; or Other actions that the City determines necessary to achie�e the goal of the replacement plan. E. A landowner intending to drain or fi11 a wetland without replacement, claiming exemption under Section 205.27.14, shall contact the City before beginning draining or filling activities for determination whether or not the activity is exempt. The City shall keep in file all documentation and findings of fact concerning exemption determinations for a period of ten years. F. The City shall issue a certificate of exemption to.the landowner. G. The landowner req�esting the exemption is r�sponsible for submitting the proof necessary to show qualifications for the particular exemption claimed. The Iandowner shall ensure that proper erosion control measures are taken to prevent sedimentation in the water, the drain or fill does not block fish passage, and the drain or fill is conducted in compliance with all other federal, state, and local requirements, including best management practices and water resource protection requirements established under Minnesota Statutes, Chapter 103H. 14. NO LOSS DETERMINATION3 A landowner unsure if the proposed work will result in a loss of wetland shall apply to the City for a determination. The City shall keep on file all documentation and findings of fact concerning no-loss determinations for a period of ten years, The landowner applying for a no-loss for submitting the proof necessary to claim. � a. �.I determination is responsible show qualification for the Page 24 - Ordinance No. The City shall issue a no-loss certificate if: A. The work will not drain or fill a wetland; B. Water level management activities will not result in the conversion of a wetland to another use; C. The activities are in a surface impoundment for containment of fossil fuel combustion waste or water retention, and are not part of a compensatory wetland mitigation program; or D. The activity is being conducted as part of an approved replacement plan or is conducted or authorized by public agencies for the purpose of wetland restoration and the activity is restricted to placing fill in a previously excavated drainage system to restore a wetland to its original condition. E. The activity meets the conditions in Section 205.27.5.D.6. 15. TECHNICAL EVALIIATION PANEL PROCEDIIRES For the City, there is a Technical Evaluation Panel of three persons: a technical professional employee of the board, a technical professional employee of the soil and water conservation district of Anoka county, and a technical professional with expertise in water resources management appointed by the City. One member selected by the City shall act as the contact person and coordinator for the panel. Two members of the panel must be knowledgeable and trained in applying methodologies of the Federal Manual for ldentifying and Delineating Jurisdictional Wetlands, and evaluation of public values. The Technical Evaluation Panel may invite additional wetland experts in its work. The panel shall make technical determinations on questions of public values, location, size, and type for replacement plans if requested to do so by the City. the landowner, or a member of the Technical Evaluation Panel. The panel may review replacement plans and recommend to the City either approval, approval with changes or conditions, or rejection. The panel shall make no determinations or recommendations without at least one member having made an on-site inspection. Panel determinations and recommendations must be endorsed by at least two of the three members. The panel, or one of its members when so authorized by all of the members, may assist the City in making wetland size and type determinations when asked to do so by the City as part of making �. Page 25 - Ordinance No. an exemption or no-loss determination. If requested by the City, the landowner, or Technical Evaluation Panel, the panel shall questions or participate in the monitoring wetlands according to Section 205.27.13. 16. APPEAL OF CITY DECISIONS a member of the answer technical of replacement- A. The decision of the City to approve, approve with conditions, or reject a replacement plan, or determination of exemption or no-loss, becomes final if not appealed to the board within 30 days after the date on which the decision is mailed to those required to receive notice of the decision. B. Appeal may be made by the landowner, by any of those required to receive notice of the decision, or by 100 residents of the county in which a majority of the wetland is located.. C. Appeal is effective upon mailing of the notice of appeal to the board with an affidavit that a copy of the notice of appeal has been mailed to the City. The City shall then mail a copy of the notice of the appeal to all those to whom it was required by Section 205.27.6.B to mail a copy of the notice of decision. D. An exemption or no-loss determination may be appealed to the board by the landowner after first exhausting all local administrative appeal options. E. Those required to receive notice of replacement plan decisions as provided for in Section 205.27.6.B may petition the board to hear an appeal from an exemption or no-loss determination. The board shall grant the petition unless it finds that the appeal is merit-less, trivial, or brought solely for the purposes of delay. In determining whether to grant the appeal, the board shall give consideration to the size of the wetland, other factors in controversy, any patterns of similar acts by the City or landowner of petition, and the consequences of the delay. 17. APPEAL FROM BOARD DECISION An appeal of a board decision is taken to the state court of appeals and must be considered an appeal from a contested case decision for purposes of judicial review under Minnesota Statutes, section 14.63 to 14.69. � Page 26 - Ordinance No. 18. COMPENSATION A. Replacement plan applicants who have completed the City's process and the board appeal process, and the plan has not been approved as submitted, may apply to the board for compensation under Minnesota Statutes, section 103G.237. B. The application must identify the applicant, locate the wetland, and refer the board to its appeal file in the matter. C. The application must include an agreement that in exchange for compensation the applicant will convey to the state a perpetual conservation easement in the form required by Minnesota Statutes, section 103F.516. The agplicant must provide an abstract of title demonstrating the ability to convey the easement free of any prior title, lien, or encumbrance. Failure to provide marketable title negates the state's obligation to compensate. D. The applicant must submit official documentation from the US Army Corps of engineers, the Minnesota Pollution Control Agency, the watershed district or water management organization if any, the county, and the City, as applicable, that the proposed drain or fill activity and the proposed subsequent use of the wetland are lawful under their respective legal requirements. E. The landowner must demonstrate that the proposed drain or fill is a feasible and prudent project and that the replacement plan as proposed is a reasonable good faith effort to fulfill the replacement requirements of Sections 205.27.7 to 205.27.10 and the Act. F. If the plan was approved, but with conditions or modifications, the applicant must show that the conditions or modifications make the replacement unworkable or not feasible. A plan is unworkable or not feasible if the replacement must be on land that the applicant does not own, the applicant has make good faith efforts to acquire a replacement site and not succeeded, and there is not a qualifying replacement available in a wetland bank. A plan is also unworkable or not feasible if it is not possible to carry out for engineering reasons. The applicant must show that not going ahead with the project wi11 cause the applicant damages and that disallowing the proposed use will enhance the public values of the wetland. 4Z Page 27 - Ordinance No. G. The applicant must submit the requirements of this Section in writing, by certified mail, to the board. If the applicant wants to make oral argument to the board, it must be indicated art of the application. The board may require that the applicant appear before the board. H. If the board finds that the applicant has submitted a complete application and proved the requirements in this Section, the board shall compensate the applicant as required by law within 90 days after the board received a completed application, provided that within the same time period the applicant must convey to the board a conservation easement in the form required by. Minnesota Statutes, section 103F.516. If the board does not provide the required compensation in exchange for the conservation easement, the applicant may drain or fill the wetland in the manner proposed, without replacement. 19. WETLAND BANRING The applicant may use wetland banking credits if the project complies with Minnesota Rules 8420.0740 subparagraph 2 if no alternative site is available. 20. PENALTIES Any violation of this Chapter is a misdemeanor and is subject to all penalties provided for such violations under the provisions of Chapter 901 of this Code. 11.10. FEES CODE SUBJECT FEE 205 Wetlands Certifying Exemptions $75.00 Replacement Plan Application $75.00 No Loss Determination $75.00 Appeal of Decision $75.00 11.11. ADMINISTRATIVE ASSESSMENTS In addition to the fees in Section 11.10, an administrative assessment will be required to fund special studies such as environmental assessment worksheets, transportation, drainage, noise impacts, indirect source permits, wetland impacts, etc. The amount of the assessment is to be based on the site, complexity, diversity, and location of the project as determined . . . ' Page 28 - Ordinance No. by staff, but shall not be less than 2.5 times the hourly wage of estimated staff time. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1994. ' ATTEST: WILLIAM A. CHAMPA, CITY CLERK Public Hearing: First Reading: Second Reading: Publication: WILLIAM J. NEE - MAYOR February 22, 1994 March 7, 1994 , - - CITY OF FRIDLEY COMMISSION TERMS THAT WILL EXPIRE IN 1994 FOR CITY COUNCIL CONSIDERATION Term Term Present Members Expires Apnointee Expires PLANNING COMMISSION {Chapter 6) (7 Members - 3 Year Term) GENERAL Dave Newman 4-1-94 4-1-97 CHAIR VICE-CHAIR CHAIR David Kondrick 4-1-94 PARKS & REC. CHAIR Bradley Sielaff 4-1-94 ENVIRON. QUALITY CHAIR Diane Savage APPEALS COMM. CHAIR LeRoy Oquist HUMAN RES. AT Dean Saba LARGE AT Connie Modig LARGE 4-1-95 4-1-.95 4-1-95 4-1-96 4-1-97 4-1-97 APPEALS COMMISSION (Chapter 6)(5 Members - 3 Year Term) CHAIR Diane Savage 4-1-95 VICE- Larry Kuechle 4-1-96 CHAIR Kenneth Vos 4-1-96 Catherine Smith 4-1-94 4-1-97 Carol Beaulieu 4-1-94 4-1-97 ENVIRONMENTAL OUALITY AND ENERGY COMMISSION (Chapter 6) (7 Members - 3 Year Term) CHAIR Bradley Sielaff 4-1-94 4-1-97 VICE- Bruce Bondow 4-1-95 CHAIR Dean Saba 4-1-95 Steven A. Stark 4-1-95 Richard Svanda 4-1-94 Susan Price 4-1-96 John Velin 4-1-96 �� 4-1-97 Term Term Present Members Expires Ap�ointee Expires HUMAN RESOURCES COMMISSION (Chapter 6) (5 Members - 3 Year Term) CHAIR LeRoy Oquist 4-1-95 VICE- Susan Jackson 4-1-94 4-1-97 CHAIR Charles Welf 4-1-95 Terrie Mau 4-1-96 Clem Covertson 4-1-96 PARKS AND RECREATION COMMISSION (Chapter 6) (5 Members-3 Yr. Term) CHAIR David Kondrick 4-1-94 4-1-97 VICE- Mary Schreiner 4-1-94 4-1-97 CHAIR Dick Young 4-1-95 Tim Solberg 4-1-95 John Gargaro 4-1-96 CABLE TE�EVISION COMMISSION (Sec. 405.28)(5 Members-3 Yr. Term) CHAIR Ralph Stouffer 4-1-96 VICE- Robert Scott 4-1-94 4-1-97 CHAIR Paul Kaspszak 4-1-94 4-1-97 Burt Weaver 4-1-96 Gen Peterson 4-1-95 POLICE COMMISSION (Chapter 102)(3 Members - 3 Year Term) CHAIR John K. Hinsverk 4-1-94 4-1-97 Mavis Hauge 4-1-95 John Burton 4-1-96 HOUSING AND REDEVELOPMENT AIITHORITY (5 Members - 5 Year Term) CHAIR Larry Commers 6-9-94 6-9-99 VICE- Virginia Schnabel 6-9-95 CHAIR John E. Meyer 6-9-96 J. R. McFarland 6-9-97 Duane Prairie 6-9-98 5A � _ � I DATE: TO: FROM: SUBJECT: Community Development Department PLANNING �IVISION City of Fridley March 17, 1994 � William Burns, City Manager �� Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Approve Termination Agreement with RMS, Inc. In 1980, the City Council approved a variance request for RMS, Inc:, at 7645 Baker Street N.E., to allow con5truction of a driveway. Two stipulations were conditions of approval: 1. 2. Work with City staff on drainage and landscaping on property. Sign and notarize a mutual agreement. The purpose of the mutual agreement was to insure that Lots 5, 6, and 8, Block 1, Naegel's Woodlands would not be conveyed separately to a third party without prior written consent of the City. This was to insure that the storm water runoff was handled properly. RMS, Inc. would like to convey Lots 5 and 6 to a third party and requests that the City approve an agreement which terminates the mutual agreement signed in 1980. The Public Works Department has confirmed that there are not any drainage problems in this area. Staff recommends that the City Council approve execution of the attached termination agreement by the Mayor and City Manager. MM/dn M-94-131 � # � � ;� �� ;� r; ky"' d �i ! si�rX� ..+,I ti i � �� i�� 6431 UNIVEflSITY AVENUE tl.E., FRID�EY, MINNESOTA 55432 � � ±�1' C�Uh� I L ACTIO�J TAKE�� iV+�TTC�. R.��I.S. Company, inc. 7645 Baker Street PJ. E. Fridley, r;n 55�32 TrLEPt�10NE ( S12)571-3450 August 19, 1930 r�n August 4, 1920 __ , the Fridley Citjr Co�r��-ii cffiCia]ly arpro�,��d y�ur request for variances �to constr �-i�on a nQVr �ir;yp�.i�v, �� t��th i:he stipulat�ons iisied below: 1. 41ork with City staff on drainage an� landscaping on property. � 2. Sign, and have notarized, the enclosed P+UTUAL �1GR�EME:1T: (You can b�in4 this back to the City, an� sigr� here, as vae have two '�otary Public's here). Please return a si�ned copy of this ]etter also. If yrou yave any G>>esticns re5�rding the �bove actior�, nlease c��il �h2 Corr�unity Deveiopr��rt Of�ic� at 5T1-345�. JLf3/d� �- Sin et°ely, ��ERROLii i_. �'Ca/-'h�Di�iAir' i ty °1 anner Please reviev� the note� stip�lations, s�gn t.h,e stnt2m�n� belo.�, .an;i retu�^n o�� c�oy to tf�e City of fridley. ; ;� ,'� A -� � �� ti;r, •ar ti�5tfi actJ'on t�Len: ��. . ' � E. �,... � � � �. ST'1TE OF MI ^1!JESOTA COUi�TY Of AFJGKA MUTUAL AGREEi�?c`Ii THIS AGREFMENT Made an�l �ntered in±o this 26th ��y of �LL��t__, 19f30 , by �,nd between the CITY OF FRIDLEY, a Minne�ota �tunicipal Corporation, located +n Anoka County, !�iinnesota �nd kM� CO(�1�ANY, INC.,'Jl�liJER, WH[REAS, the owner o�ans the follo�aing described property: Lots 5,6 and 8, 61oc< 1, Na�3e1's ldoodlands; the same being 7G45 Baker Street id. E. WHEREAS, the o�vner has applied to the City for a variance to place a driveway on said land; and WHEREAS, in order to meet the drainage requirements of the Ordinances of the City of Fridley, all of the above described property may be required. NOW, THEREFORE, be it agreed between tfie parties that the owner, his heirs, successors, or assigns will not convey any portion of the aoove described property to a third party without prior written consent of the City. BE IT FURTHER AGREED that this Mutual Agreement shall be recorded with the Anoka County Recorder and serve as notice of this htutual Agreement to all third parties. , IN TESTIMONY WHEREOF, The said hiinnesoia Municipal Corporation has caused these presents to be executed in its Nunicipal Corporate name by its Ci�y Manager this 26th day of Auqust > 19Q• CITY OF FRIDIEY BY N �'�..,. /`? ' ��., . Nasim �. Qures i Its City Nanager ; STATE OF �INNESOTA) � ) ss. COUNTY OF AtJOKA ) The foregoing instrument was acknowledged before me this 26th day of , 19 $p , by PJasim Qureshi, City Manager, of the City of Frid ey, a h;u ici 9�p�,,�on on behalf of the Corporation. ��' y� CLYDE V. MORAVETZ � ) �� ° �iMr.=!� " NOTARY W�'t�� — MINNESOTA k � _ �:� ANOKA COUNTY ,, ��*_,r.�' Mf Commisston ExDires Dec. 20. 1580 � 7 NER OF, The said , ,�r o�vner has hereunto set his hand this 26th day of pu �, , 19�_ � STATE OF MINNESOTA) ) ss. COUNTY OF AfJOKA ) � The foregoing instrument was acknowledged before me this ,� � d ay o f[�•[` '. , 19�j, by �_ '�i._ � . Notary Public THIS INSTRUMENT WAS DRAFTED BY: .�•�- •SHIRLEY M.HA81O City of Fridley =' � �T�'"��78L'1°'� 6431 University Avenue Northeast ANO�f�� Fridley, Minnesota 554� "''�'�O1"n°" 0077A/0675A 6 - 4 �� ,�(�.� RFi�Ui_A}? hi�f: i iPiG Gt ;1UGJ�T 4, 19U0 Fi�GC 4 h�r, �uresiii stated the Cit,y is rec�uir�d lr.�yalty tio ��!!;,lisf� notice foi� vacation and tiie fee is to ��ay for ;.f:��c costs. tie SLdt�CI IIL' ��ouid recocrnend the fee not b� Nf;titi•r-d a: he fe)t, i� it,ere is a nes•� t,ui7cii��g site, tiiei-e ti�oul�:i be a sizeable increase in the value of the p��opc:rty. F1r. (�ureshi felt, at the time of the p��ulic h�ariny, ihere si»uld be a proposed pla�i sho:vir�ct thc layout of the house on the lot-. MOTION by Councilman Fitzpa�rick to set a p:eblic hearing on this request. Seconded by Councilman Schrieider. Upon a voice vote, all voting aye, Mayor �dee �eclared the n:otion carried unanimousiy. ITEP; fR0��1 F,PPFALS COtdIiiSSION MINUTCS OF JULY 15, 1980: Rl t1ES7 FCR V.4RIANCES TO REDUCE SIDEYAi�D AND DRIVEi•�qY SET3ACY,S TO ALt014 CUP�STRUCTIC"d OF MF4J dRiVc�AY, 7b45 QAKfR STREET, R.M.S. fU., I�C. hir. Flora, Public :Jorks Dire,tor, stated th�s is a request for a variance to reduce the side yard setback from �0 fio 25 feeL and to reduce the di-ive��ay Setback fi�oi�i 5 to G f�et to a11aw the constru�t�ion of a nea: drive;vay on Lots 5 and 6, Etlock i, P;agel's 4!oodl�n�s at 7645 �aker Street. Mr. F]ora stateci, in proce�sing this request, a nurr�ber of deficiencies tvere identified such as no concrete curbing,. lack of screeriing,�and arrangements for proper dra.inage. • hir. flora stated the petitioner agreed•to install a concret� curb alun� the existing drivc�tiay and also alung the r.etiv drive�vay and to provid� additional la��scaping. He stated staff is cur•rently working ti•aith him on developirig a por;dine, area, Lo the rear of the (wilding, which woutc.l cr�r,trol the water in that arca. hir. i�aoi�, rFpresenting i:.Pq.S. Co., Ii;c., stated the c�•m�r af the pro�ert.y �o tl�e $outh �ras at the Appea;t Con�mission me2ting and had no objections. rf�,. !��5ig staLed; �:ith the ne% drivaway, it s•roul�i eeaule semi-��railers co dr:ve-thru sinc� ii is now irrpossible tc„• Lhem to ±urr� ar•oi,nd. Cou�uiiwamar, t�:�se; q�zestio�ed the location of the ho'dinG pond.. hir. Habig � stated rrost uf th2 pondiny a+-ea tr��ld bc: on Lot 7 and a small r��tion on Lot 6. He stated this t•ras ihe reaso�i ti�e �;r;ner cf Lot 7 S•;us at the �ppe4ls Comm9ssion meeY.i ng and i t aras agreeabl e�•�i th him. ��r. Habig pre;en��ed a dra�dinc� ,horr?ny the proposed ponc�ing area•. ?ir. Qureshi, Cit:y f9a:�age��, statcd the ��ariances cosle+ bz a�pr•o��eci :�:it� the stipu�ation ihat the drainagr� problern is resclved �:ith ihe City und tne h'eigh- boring property ormer;. He stated there shouid be an ;ddir.ional stipulation that Lot.s 5, 5�.nd 8 be tied togethei� and an ag�°e��a,er�t thai: r�o pe�,tion of these prope;�ties r�ould be so;d sep��ra�el�, unless the C;ty is notified and appi•oval obtai ned. I�i�iI0i4 by Counci l±•;.:,r:an hioses to car,cur 4•�i th tihe i-eco�;;��•`r�,� �:on of the ^,opeal�s Con;c;�ssion a!id yr�ant tiie request: for a variance ic rc:-;,:ce tlie sid�� yaro ;e�- back � ro�r 30 i� 2� feet apd ih� dri v2rray setiiacl; from S te 0 fee+, to al lo•,•: cor�si;ruction c,° a nei�� dr�i veway �vi i;h the fiol loti�i ng s i i rul ati ons : ( l. i That tne pet:±ioner ;;;,r-{: �;i�:h s;.aff in r2so'ving drai��ay� and lai:dscapiny PY'Oi�l�las and Le giv�n �iv� y��,,; to cor;�lete tlae conc��e*e curbing, it L�iere �:iil r�ot be any tULUiS con;tii'1:CLI:A1. �L� That Lots 5, 6 and 8!,e �ied toyei!�er so that if , any �ort�or; cif i,i�ese pro��eri_ies are to be soid, apr ��;val rr�uld .`.� n�eded from the City tc sel i iF:e ;ots SEj;C�t'dt8�y. Seconded by Coi;nci i��a� Fit�patrick. Upor a voice ��o;;e, a11 voi.ing ayc-, Flayor �:ce declar��d tne r;otien c�u-r�ed unanimously. `�l�i f�,1 `�.;�l�i78UU _ r.;.<;.:�� 1.5:21 F�l 6123-1i►78�ii� � EW YOHg : -_':.c �"I�V-CiTOZt � i3. C. D�1�T�'ES �.z�„3,�: CX� C07SNTY� G� LQNDQ�7 ��7J55��5 UORSET il'HITNET �OASEY SC WHITNEY .s vwmxiaamr bccvn(no Strowsae�w.e Co.. a�ox� PILISSU�2X CEN�7:Ii SOUT� 220 SdIITT3 SIXTH 5TBEET Mx�'NE ��OiY5, MINN�SUTA a5402-�Q98 �61�� 34�0--£600 FAT► (61C� 360-E868 Ms, fia_Ybara Dacy �prnmunity Develo�►menE �►ii'eCtor � :i!}� of Fridley . �4�1 i.Tniversity Avei�ue N.E. :� � ?. � 1ey, M�155432 �',_� �=�r.c�ttxile (57�-12$7? RE: RMS Contpany Sale of 7f�5 Baker Street ��ar Sarbara: .1LFiREY R. �fP.i�180N (81?a344�767 March 9,1994 r..� .l�OC��ST$12� r�7 Bx�Z.INGS 08EAT P'ALLS MISSpIJLA 1}ES MOIN�5 FbB�#Q As you anci Tom Bissen have discussed, RMS Compa�ny is asking fhat tk�e Ciiy terminate ar. Agreement ex►tered inta in 1980 and recorded �gainst the property described above. The Agreeme�t no It�nger app�ars rei�vant in that Lot 8 is aIread� in se�azate ownership ham Lots 5& 6(and in�c�i a�pears to have beezt in separatc ownership even when tk�e transaction was ez�tered into). It is a(so my undcrs an � caus� p c anged circumstances, whaicver drainage prob em t e agreement was ��si�-n�d to address is no longer a problem. As Torri indicated, we need a signed terrnination agreement itt hand for a dasing =.sz�e�ulec� for ncxt lVtonda5r (3/14). Az�y assistance ybu �an provide in this regard would be greatly a�F�`eciated. ,tf ttie City hns any reservations abaut this, please cnll me at once sa we can dzscuss them• _��i��: you �gain for your aEtention to this maEter. Piease call me iE�x have any questians. � <<c; osu re �c. ,�rr,`en�.): Danald A. Schurnacher (fax) 'i'homas C. Scnd�r (fax) Dac�id W. Meyf:r (fax} Vcry tn�y � JcfFre : Senson . � F�� 12340730U :�:_!::;; i;:=':S F�1 61�S-10i3U�i Ui�RSEI ��HIT\Ei" T�KNiINAT'IQN AGREEMENT T�IiS .4GREEMENT is en�ered intr� as of the d.a�r af Marclt, 1994 �y and bei�veen The C�'TY QF PRIDLEX, a Minnesota municipal coz'poration ("City"), and Itl�iS COMPAr1Y, a Nlinnesota coxporation ('RNIS"). BACKGROiTND: A. The Ciiy and 1ZMS entered into thai certain 1V.[utual Ag��em�nt daEed Augu.st 26, T980 arid filed September 70,1980 as Dvcurnent No. 555�Sa in the c}€tice cf the County� Recarder in and for Anoka Caunty, Mixtnesota, with respect ta ��s 5 and b, Slock 1, Nagel's Woadlands, and other property (the "Mutual A�reen�ent"}. B- The City and RMS desire fo ferx.ttinate saitd Mutua,� Agre�ent as of th� date first writ�en abave. AG�tEEMENT: NOW THE�tEFORE, far good and valuable cansideratio�, ihe receipt and sufficienc3T of whiCh is hereby acknawledged by the parties, the pax'ties hereta agre� th�� the abov�.�descxibed Muival Agreernent is hereby texminafed as of the daie hereof, and hereaft�r shall be af no further forCe or effECt. CTI'Y O�' FRIDLEY By Its � Tts RMS COMPANY l� 6E Its r.� E�1234U7800 ��" �?:=a :�� 15: �-� F�1T G1�1-�ii73iiU I�iiRSEi ��'HIT\'EI sT�� aF NrIlVivESOT� cav7v�r a� � >ss. � The foregoing instrument was acknowledged before me this day o# . I994, $y and H _ _ , the and , xespectively, of 'i'HE CTTX 4F FRIDLEY, a Minnesata nlunici�al Cprporatipn, on behalf of the corporatzon. STATE C�F MIN,[�TESOTA ��Tzx oa� ) )SS. ) Notary Public The foregoing instrume�,fi was acknowledged be;foxe me this d.ay of -- .1994, lay _ , tk�e of �.MS COMPANY, a Minnesota �arporation, on behalf of t�te �orporation. 2 s� Notary Public r.� CITY OF FRIDLEY PLANNING COMMISSION MEETING, MARCH 9, 1994 _______________�_____________________-__-________________________ CALL TO ORDER• Chairperson Newman called the March 9, 1994, Planning Commission meeting to order at 7:30 p.m. ROLL CALL: Members Present: Members Absent: Dave Newman, Dave Kondrick, Dean Saba, Connie Modig, Brad Sielaff, LeRoy Oquist Diane Savage others Present: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Steve Woodley, Wal-Mart Chris Hamlin, Wal-Mart Scott Lund, Rite-Way Mobile Home Repair, Inc. Joyce Trebisovsky, Park Plaza Delores DeMars, Park Plaza APPROVAL OF JANUARY 12, 1994 PLANNING COMMISSION MINUTES• MOTION by Mr. Saba, seconded by Mr. Kondrick, to approve the January 12, 1994, Planning Commission minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED IINANIMOIISLY. 1. PUBLIC HEARING: CONSIDERATION OF A PRELIMINARY PLAT RE4UEST P.S. #94-01, BY SCOTT LUND OF RITE-WAY MOBILE HOME REPAIR• To split the East 180 feet of Lot 3, Block 1, Central View Manor 2nd Addition, and combine it with Lots 7, 8, and 9, Block 1, Central View Manor�, generally located on Highway 65 south of Fireside Drive and north of 73 1/2 Avenue. MOTION by Mr. Kondrick, seconded by Mr. Saba, to waive the reading of the public hearing notice and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:32 P.M. Ms. McPherson stated that since the petitioner, Scott Lund, was not yet present, it might be appropriate to continue discussion on P.S. #94-01 and ZOA #94-01 until later in the meeting. MOTION by Mr. Saba, seconded by Mr. Kondrick, to continue the public hearings on P.S. #94-01 and ZOA #94-01 until later in the meeting. 7 PLANNING COMMISSION MEETING, MARCH 9. 1994 PAGE 2 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT SP �94-01, BY WAL-MART STORES• Per Section 205.14.01.C.(13) of the Fridley City Code, to allow garden centers or nurseries which require outside display or storage of inerchandise on Lot 1, Block 1, Wal-Mart in Fridley, the same being 8540 University Avenue N.E. MoTION by Mr. Kondrick, seconded by Ms. Modig, to waive the reading of the public hearing notice and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND TIiE PUBLIC HEARING OPEN AT 7:33 P.M. Ms. McPherson stated this property is located at the intersection of 85th and University Avenues. The property is zoned C-2, General Business District. There is additional C-2 zoning to the south; and R-3, Multiple Dwelling District, to the west. Springbrook Nature Center is also located to the west. Ms. McPherson stated that in 1992, the Commission and the City Council approved special use permit, SP #92-07, to allow the construction of the existing garden center. This approval required certain design elements in the garden center including rock face block knee walls and wrought iron fencing. Th.e stipulations �to that request required bulk items to be stored adjacent to the building and that there be no outdoor storage of chemicals. Ms..McPherson stated the petitioners are now reqaesting a special use permit to allow temporary garden sales to occur from a"hoop house" and "corralled" merchandise. A hoop house is a temporary greenhouse constructed of aluminum tubing and plastic. Ms. McPherson stated the petitioners propose to locate this temporary garden center in the southeast corner of the parking lot across the driving aisle from the existing garden center. The petitioners are requesting this second special use permit as a result of the large amount of inerchandise which is shipped to them during the growing season and which will not fit into the current garden center. Ms. McPherson stated that in 1993, Wal-Mart conducted garden sales on the sidewalk in front of the retail store and also had materials stored on pallets in the parking lot. Wal-Mart was informed by the City that this practice was not permitted by code and requesied that the materials be moved. Ms. McPherson stated staff inet with the Manager and Assistant Manager of Wal-Mart to discuss the previous request, SP #92-07, which permitted the existing garden center and the design elements. Staff informed Wal-Mart that if the current request was to occur % A PLANNING COMMISSION__MEETING, MARCH 9, 1994 PAGE 3 on a permanent basis, it would be inconsistent with the previous request approved in 1992. The intent of the original request was to require a more visually appearing location for the garden center and to contain activity in that area. Ms. McPherson stated one of the managers stated they would contact the Wal-Mart corporate office to see if the corporate office would agree to the expansion of the existing garden center. At this time, staff has not heard the corporate office's response. If Wal- Mart is agreeable to the expansion of the existing garden center, this special use permit request could be approved by the Planning Commission on a one year basis. Staff is recommending that the current special use permit request not be approved as a permanent activity. Ms. McPherson stated the location for the hoop house and the garden materials do not appear to conflict with the traffic on-site; however, approximately 40-50 parking spaces will be lost. Sales would begin in late March/early April and would continue until approximately August. Ms. McPherson stated staff recommends that the Planning Commission recommend approval of the special use permit, SP #94-0.1, ta allow the garden center on a one year basis. Staff recommends the following stipulations: 1. Bulk items shall be stored in the constructed garden center where they shall be screened from the public right-of-way. 2. Outdoor storage of chemical fertilizers, pesticides, or herbicides shall not occur in the parking lot. 3. Wal-Mart shall submit plans for an enlarged garden center for Planning Commission and City Council review by November l, 1994, for the 1995 sales year. Mr. Saba stated he had a question regarding stipulation #2 which refers to the storage of chemical fertilizers, pesticides, or herbicides. Does that mean that chemical fertilizers, pesticides, or herbicides could be brought out to the parking lot on a daily basis for sale? Ms. McPherson stated that the original stipulation stated: "There shall be no outside storage of chemical fertilizers, pesticides, or herbicides." There is no condition as to whether these items could be outside temporarily and them moved back into the store. Mr. Saba and Mr. Sielaff agreed that they did not want the storage or sale of chemical fertilizers, pesticides, or herbicides occurring outside the main building. Mr. Newman stated the Wa1-Mart corporate office has to agree to enlarge the existing garden center in the future. If the : PLANNING COMMISSION MEETING, MARCH 9, 1994 PAGE 4 Commission limits the special use permit to this sales season only and Wal-Mart decides not to expand the existing garden center, then Wal-Mart has to take its chances as to whether or not the City would approve the special use permit for another season. Did staff have a problem with an additional stipulation limiting the special use permit to one year? Ms. Dacy stated staff had no objection to that. Mr. Chris Hamlin, Assistant Manager for the Fridley Wal-Mart store, stated that last week the Divisional Vice President did commit verbally that he would.approve the expansion of the existing garden center within the next two years and possibly even by next season. If stipulation #3 states that Wal-Mart must submit plans for an enlarged garden center by November l, 1994, then they will do so by that date. Mr. Hamlin stated that last year was the first garden center season for this store, and they received a larger quantity of live goods than could fit into the existing garden center. In order to make a good presentation of the live goods they received, it was necessary to take some of them outside the existing garden center. This year they want to alleviate that problem by displaying live goods outside in the parking lot. This special use permit request is basically just a temporary measure. The ideal situation would be to expand the existing garden center, and that expansion has been committed to by the Divisional Vice President: Mr. Hamlin stated they will be using a new radio-frequency register which will alleviate the need for an electrical cord running from the building through the parking lot. Mr. Newman asked if Mr. Hamlin had any objection to changing stipulation #3 to read: "outdoor sales and storage of chemical fertilizers, pesticides, and herbicides shall not occur in the parking lot." Mr. Hamlin stated he had no objection to that. There is no reason to store these chemicals outside, as they would be ruined and unsalable if they got wet. Mr. Sielaff stated another concern if the chemicals were stored or sold outside would be spillage which could go into the storm sewer. Ms. Modig stated the driving aisle between the existing garden center and the parking lot is very busy. How will Wal-Mart ensure the safety of customers crossing the driving aisle to the parking lot? Mr. Hamlin stated that is a valid concern. At the garden center, they always have an exit greeter. This person could help with traffic and make sure that the customers cross safely to the parking lot. He stated he would be open to any other suggestions the Commission members might have about this concern. % �.r PLANNING COMMISSION MEETING MARCH 9 1994 PAGE 5 MOTION by Mr. Kondrick, seconded by Mr. Saba, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CFIAIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:55 P.M. MOTION by Mr. Sielaff, seconded by Mr. Saba, to recommend to City Council approval of Special Use Permit, SP #94-01, by Wal-Mart stores, per Section 205.14.O1.C.(13) of the Fridley City Code, to allow garden centers or nurseries which require outside display or storage of inerchandise on Lot 1, Block 1, Wal-Mart in Fridley, the same being 8540 University Avenue N.E., with the following stipulations: 1. Bulk items shall be stored in the constructed garden center where they shall be screened,from the public right-of-way. 2. Outdoor storage and sales of chemical fertilizers, pesticides, or herbicides shall not occur in the parking lot. _ 3. Wal-Mart shall submit plans for an enlarged garden center for Planning Commission and City Council review by November 1, 1994, for the 1995 sales year. 4. Special Use Permit, SP #94-01, will be for one year only. UPON A VOICE VOTE, ALL VOTING AYE, C$AIRPERSON NEWMAN DECLARED THE MOTION CARRIED UNANIMOIISLY. Ms. McPherson stated this item will go to Council on March .21, 1994. 2. PUBLIC HEARING: CONSIDERATION OF A PRELIMINARY PLAT REQUEST, P.S. #94-01, BY SCOTT LUND OF RITE-WAY MOBILE HOME REPAIR: To split the East 180 feet of Lot 3, Block 1, Central View Manor 2nd Addition, and combine it with Lots 7, 8, and 9, Block l, Central View Manor, generally located on Highway 65 south of Fireside Drive and north of 73 1/2 Avenue. MOTION by Mr. Kondrick, seconded by Mr. Oquist, to reopen the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND THE POBLIC HEARING REOPENED AT 8:00 P.M. Ms. McPherson stated this vacant property is generally located north of 73 1/2 Avenue, south of Fireside Drive, and east of Highway 65. The property is zoned C-3, General Shopping Center district, and M-1, Light Industrial district. 7D PLANNING COMMISSION MEETING, MARCH 9, 1994 PAGE 6 Ms. McPherson stated the petitioner is proposing to split off approximately 180 feet of the easterly portion of Lot 3, Block l, Central View Manor 2nd Addition, and combine it with Lots 7, 8, and 9 of Central View Addition. The petitioner proposes to construct a 13,000 square foot building on the property with parking and outdoor storage areas. Ms. McPherson stated the proposed lot that will be created as a result of the replat meets the 150 foot lot width requirement; however, it does not meet the minimum lot area requirement of 1.5 acres. The subject parcel is approximately .11 acres or 4,791.6 square feet short of the requirement. Section 211.05 of the Fridley City Code does allow variances to the code requirements if the Planning Commission or City Council find that certain regulations are not applicable. However, the petitioner does have an opportunity to work with the existing property owner to acquire either an additional 15 feet along the entire westerly lot line or approximately 34 feet along the northerly portion (Lot 3, Block 1, Central View Manor 2nd Addition). It would make more sense to move the entire lot line as opposed to just the northerly portion as two odd shaped lots are left by just moving the northerly portion. Ms. McPherson stated the petitioner has submitted a site plan showing a 13,000 square foot bui�lding: There is parking in front adjacent to the public right-of-way and the proposed storage area to the rear of the building. The building meets the setback requirements for the M-1, Light Industrial district,.and the proposed lot coverage is 21.4%. The petitioner does need to revise the site plan to provide a 5 foot hard surface parking setback from the building along the west and north sides of the building. There is adequate room on site to provide this required setback. Ms. McPherson stated the petitioner will need to provide adclitional screening along the north and west lot lines. A screening fence is located along the east lot line. There is a screening fence and some ex�isting vegetation along the north lot line between the mobile home park and the proposed building. Staff is recommending additional screening by adding seven evergreens 10 feet on center along the fence. The evergreens will not only provide screening, but will also meet the landscaping requirements of the district. A third fence should be installed along the westerly property line with slats to provide screening from the public right-of-way. This is required if outdoor storage is to occur at the rear of the building. Ms. McPherson stated the petitioner has provided a preliminary grading and drainage plan which was reviewed by the Assistant Public Works Director who had some additional comments. These comments are included in the Staff Report. The petitioner will be required to comply with those requirements prior.to the issuance of a building permit. Ms. McPherson stated the petitioner has provided a preliminary landscape plan. The petitioner will need to submit a revised 7E PLANNING COMMISSION MEETING, MARCH 9, 1994 PAGE 7 landscape plan which provides a three foot high hedge or berm screening the parking lot from the public right-of-way. Underground irrigation is also required. The petitioner has indicated that he will be saving the existing vegetation and trees which are located on the property. In order to receive credit for these trees, the petitioner must provide information as to the size of the trees. The petitioner needs to add four evergreen trees to the three proposed in the landscape plan to meet the 30% evergreen requirement in the landscape requirements. Ms. McPherson stated staff recommends that the Planning Commission recommend approval of the plat request, P.S. #94-01, acknowledging that the 1ot area does not meet the minimum 1.5 acre requirement. While is recommended that the Commission acknowledge the lot area variance, staff has stipulated that the petitioner should attempt to meet the minimum lot area requirement prior to the City Council meeting. Staff also recommends the following stipulations: 1. The petitioner shall submit a revised site plan prior to the issuance of a building permit showing a 5 foot hard surface setback along the west and north sides of the building. 2. The petitioner shall provide additional screening through planting of seven, 6 foot high coniferous trees along the north property line. 3. The petitioner shall construct a minimum 6 foot high sereening fence along the west property line. The screening fence shall be constructed of chain link and contain metal slats. 4. Outdoor storage shall be permitted if the following conditions are met: a. The outdoor storage shall occur on a hard surface. b. The materials to be stored shall be less than 15 feet in height. c. The materials to be stored shall not be seen from the public right-of-way. d. The petitioner shall install a gate with sl.ats parallel to the front line of the building. 5. The petitioner shall submit an amended landscape plan prior to the issuance of a building permit with the following changes: a. Underground irrigation shall be provided. 7F PLANNING COMMIS3ION MEETING, MARCH 9, 1994 PAGE 8 b. The dimensions of the existing trees to be saved shall be indicated on the plan to calculate credit for the existing trees. c. Four additional 6 foot high coniferous trees shall be added to comply with the ordinance. The 7 coniferous trees shall be planted along the north property line for additional screening from the residential district to the north. 6. The petitioner shall submit a revised grading and drainage plan complying with Scott Erickson's memo dated March 2, 1994, prior to the issuance of a building permit. 7. If the fence adjacent to tY�e mobile home park is removed, the petitioner shall install a minimum 6 foot high screening fence with slats along the north lot line. 8. The petitioner shall revise the plat to meet the minimum lot area requirement of the M-1, Light Industrial district. Mr. Scott Lund, owner of Rite-Way Mobile Home Repair, Inc., stated stipulation #8 seems to be the biggest concern for him. He has talked to the property owner, Alvin Schrader, from which he purchased the back portion of the property._ Mr. Schrader is not interested in selling an additional 15 feet all along the westerly lot line and it would be cost-prohibitive if Mr. Schrader did agree to sell. Mr. Schrader is reluctant to lose any prime frontage. Mr. Lund stated stipulation #4-a requires that the outdoor storage be on a hard surface. He does not propose to have any long term vehicles stored in back, although his mechanics usually have one semi-trailer that would be stored in the back indeEinitely for the storage of miscellaneous parts. However, since it is just a trailer, there would be no leakage of fluids. Mr. Lund stated he did not want to have to spend the money to asphalt the entire back of the property. He would be willing to put down Class 5 or something equivalent, and the area would be fenced in for privacy and security. Mr. Lund stated that from time to time, he does obtain some mobile homes that will be parked on the property, but not for extended periods of time. The mobile homes are used for the rental of temporary housing for fire victims, etc., especially in rural areas. Mr. Lund stated he has no problem with any of the other stipulations. Mr. Oquist asked if Mr. Lund could identify the area needed for the trailer and make that area hard surface. 7G PLANNING COMMISSION MEETING, MARCH 9, 1994 PAGE 9 Mr. Lund stated it would be a waste of money to asphalt the area where the mobile homes would be parked as they just sink through the asphalt when the asphalt becomes soft. Mr. Oquist stated concrete could be poured on the areas where the tires would sit. That would prevent the mobile homes from sinking through the asphalt. Mr. Lund stated that part of his building will be used by other tenants. At this time, he does not know who those tenants will be. Some of these tenants may need some outdoor storage. It would be very expensive to asphalt/concrete the storage areas. Ms. Dacy stated the proposed building is a typical size industrial building, and the ordinance is very clear that any type of vehicular use area has to occur on a hard surface. It is going to take some area for vehicle turn-around, and the site plan shows adequate area to provide for that. In order for staff to be consistent on all types of development applications, staff must recommend hard surface. She realized that the asphalt does become soft and sinks under heavy equipment, so maybe there is an option of a certain portion of the area that is asphalt and a portion that is of another type of material. Mr. Newman stated he agreed with staff. He appreciated the petitioner's concerns; but .if the City is going to have this ordinance, he did not see any justification to not enforce the hard surface requirement for Mr. Lund when they are enforcing it elsewhere in the City. Mr. Dacy stated that, practically speaking, she believed the petitioner is going to need the hard surface anyway in the near future, and it might be more cost-effective to install it now rather than in the future. Mr. Lund stated staff may be right; he just did not want to see an asphalt jungle. Mr. Newman stated no one wants to see an asphalt jungle. He believed the recommendation is that Mr. Lund needs to figure out what area will be used for storage, and then that portion used for storage needs to be hard surfaced. Ms. Delores DeMars stated she and Ms. Joyce Trebisovsky from the Park Plaza mobile home park do not have any objection to the development proposed by Mr. Lund. MOTION by Mr. Kondrick, seconcled by Mr: Saba, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND TAE POBLIC HEARING CLOSED AT 8:35 P.M. 7H PLANNING COMMISSION MEETING. MARCH 9, 1994 PAGE 10 Mr. Kondrick stated he will vote in favor of the plat reguest with the deletion of stipulation #8. It will be a nice improvement for this area. Mr. Oquist agreed. This site has been kind of a dumping ground for a long time. He also agreed to delete stipulation #8• Ms. Modig stated she will vote in favor of the plat request; however, she is concerned about the outdoor storage. There are other businesses in this area that have never cieaned up their outdoor storage. If they eliminate stipulation #8 regarding the minimum lot area, does Mr. Lund need to get a variance? Mr. Newman stated that by approving the plat, they are approving the lot as it is. This is a variance of 1/10 of an acre. The City has done this in the past for lots that would otherwise be unbuildable, so a precedent has already been set. MOTION by Mr. Kondrick, seconded by Mr. Saba, to recommend to City Council ap�roval of P.S. #94-01, by Scott Lund of Rite-Way Home _ Repair, to split the East 180 feet of Lot 3, Block 1, Central View Manor 2nd Addition, and combine it with Lots 7, 8, and 9, Block 1, Central View Manor, generally located on Highway 65 south of Fireside Drive and north of 73 1/2 Avenue, with the following stipulations: l. The petitioner shall subm�t a revised site plan prior to the issuance of a building permit showing a 5 foot hard surface setback along the west and north sides of the building. 2. The petitioner shall provide additional screening through planting of seven, 6 foot high coniferous trees along the north property line. 3. The petitioner shall construct a minimum 6 foot high screening fence along the west property line. The screening fence shall be constructed of chain link and contain metal slats. 4. Outdoor storage shall be permitted if the following conditions are met: a. The outdoor storage shall occur on a hard surface. b. The materials to be stored shall be less than 15 feet in height. c. The materials to be stored shall not be seen from the public right-of-way. d. The petitioner shall install a gate with slats parallel to the front linE of the building. %� PLANNING COMMISSION MEETING, MARCH 9, 1994 PAGE 11 5. The petitioner shall submit an amended landscape plan prior to the issuance of a building permit with the following changes: a. Underground irrigation shall be provided. b. The dimensions of the existing trees to be saved shall be indicated on the plan to calculate credit for the existing trees. c. Four additional 6 foot high coniferous trees shall be added to comply with the ordinance. The 7 coniferous trees shall be planted along the north property line for additional screening from the residential district to the north. 6. The petitioner shall submit a revised grading and drainage plan complying with Scott Erickson's memo dated March 2, 1994, prior to the issuance of a building permit. 7. If the fence adjacent to the mobile home park is removed, the petitioner shall install a minimum 6 foot high screening fence with slats along the north lot line. . UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. PUBLIC HEARING: CONSIDERATION OF A REZONING REQUEST, ZOA #94- Ol, BY SCOTT LUND OF RITE-WAY MOBILE HOME REPAIR: To rezone property from C-3, General Shopping Center District, to M-1, Light Industrial District, on the East 180 feet of Lot 3, BLock 1, Central View Manor Second Addition, generally _ located on Highway 65 south of Fireside Drive and north of 73 1/2 Avenue N.E. MOTION by Mr. Kond�ick, seconded by Mr. Oquist, to waive the reading of the public hearing notice and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 8:40 P.M. Ms. McPherson stated the rezoning request only appiies ta the easterly 180.feet of the Lot 3, Block l, Central View Manor Second Addition, which is the northerly one-third of the proposed development property. Ms. McPhe.rson stated that in evaluating rezoning requests, three criteria must be met: 1. Compatibility of the proposed use with the proposed district; 7J PLANNING COMMISSION MEETING, MARCH 9, 1994 PAGE 12 2. Compatibility of the proposed district with adjacent uses and zoning; and 3. Compliance with the proposed use with the proposed district requirements. Ms. McPherson stated the petitioner is requesting that the zoning be changed from C-3, General Shopping Center district, to M-1, Light Industrial district. The three lots to the south are c�rrently zoned M-1, Light Industrial. The petitioner has proposed to construct an office/warehouse building which is a permitted use within the M-1 district. Ms. McPherson stated the proposed M-1, Light Industrial district, would be compatible with the existing M-1, Light Industrial district, zoning to the south and east of the subject parcel. Parcels to the west will remain zoned C-3, General Shopping Center district, and the parcel to the north is zoned R-4, Mobile Home, and C-3, General Shopping Center. The mob�ile home park has been located adjacent to the M-1 zoning to the east since it was constructed in the early 1960s. There are screening requirements in the M-1 district which require additional buffering and screening for the residential zoning. Locating the M-1 zoning next to the C-3 zoning, which is the most intensive commercial district in the City is a compatible zoning practice. Also, rezoning this portion of Lot 3 would create a better development parcel. Therefore, the proposed district is compatible with both of the adjacent uses and the zoning. Ms. McPherson stated the proposed �evelopment meets the minimum code requirements for the M-1, Light Industrial district. The property as proposed meets all the district requirements with the exception of the lot area requirement discussed with the pla� request. The Council may grant a variance to the lot area�during the subdivision process. Therefore, the proposed use complies with the proposed district requirements. Ms. McPherson stated the rezoning meets the three criteria for approval. Staff recommends that the PTanning Commission recommend approval of the rezoning request with one stipulation: The plat request, P.S. #94-04, shall be approved. Mr. Kondrick asked if staff has received an� negative responses regarding the plat or rezoning requests. Ms. McPherson stated she received only one call from someone from the SuperAmerica Station located south of 73rd Avenue who just wanted information about the development but was not opposed to it. MOTION by Mr. Saba, seconded by Mr. Oquist, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING CLOSED AT 8:46 P.M. 7K PLANNING COMMISSION MEETING, MARCH 9, 1994 PAGE 13 MOTION by Mr. Saba, seconded by Mr. Oquist, to recommend to City Council approval of rezoning request, ZOA #94-01, by Scott Lund of Rite-Way Mobile Home Repair, to rezone property from C-3, General Shopping Center District, to M-1, Light Industrial District, on the East 180 feet of Lot 3, BLock 1, Central View Manor Second Addition, generally located on Highway 65 south of Fireside Drive and north of 73 1/2 Avenue N.E., with the following stipulation: 1. The plat request, P.S. #94-04, shall be approved. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED UNANIMOIISLY. 4. RECEIVE THE DECEMBER 21, 1993 ENVIRONMENTAL 4UALITY & ENERGY GOMMISSION MINUTES: MOTION by Mr. Sielaff, seconded by Mr. Saba, to receive the December 21, 1993, Environmental Quality & Energy Commission minutes. UPON A VOICE VOTE, ALL VOTING AYE, CIiAIRPERSON NEWMAN DECLARED THE MOTION CARRIED UNANIMOIISLY. 5. RECEIVE THE JANUARY 3. 1994, PARKS & RECREATION COMMISSION MINUTES• MoTION by Mr. Kondrick, seconded by Mr. Saba, to receive the January 3, 1994, Parks & Recreation Commission minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED UNANIMOIISLY. 6. RECEIVE THE JANUARY 6, 1994, HOUSING & REDEVELOPMENT AUTHORITY MINUTES• MOTION by Mr. Saba, seconded by Mr. Kondrick, to receive the January 6, 1994, Housing & Redevelopment Authority minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. 7. RECEIVE THE JANUARY 11 1994 APPEALS COMMISSION MINUTES: MOTION by Mr. Kondrick, seconded by Mr. Oquist, to receive the January 11, 1994, Appeals Commission minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPER30N NEWMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. 8. RECEIVE THE FEBRUARY 3, 1994, HOUSING & REDEVELOPMENT AUTHORITY MINUTES: 7L PLANNING COMMISSION MEETING MARCH 9, 1994 PAGE 14 MOTION by Mr. Kondrick, seconded by Ms. Modig, to receive the February 3, 1994, Housing & Redevelopment Authority minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. 9. RECEIVE THE FEBRUARY 10 1994 HUMAN RESOURCES COMMISSION MINUTES: MOTION by Mr. Oquist, seconded by Mr. Saba, to receive the February 18, 1994, Human Resources Commission minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED IINANIMOIISLY. 10. RECEIVE THE FEBRUARY 7, 1994 PARKS & RECREATION COMMISSION MINUTES- MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to receive the February 7, 1994, Parks & Recreation Commission minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED U�ANIMOUSLY. ADJOURNMENT• MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to adjourn the meeting. Upon a voice vote, all voting aye, Chairperson Newman declared the motion carried and the March 9, 1994, Planning Commission meeting adjourned at 9:00 p.m. Respectfully submitted, � �/�� , !1C.� �tiC' �'�. -C_-� _ �'� �-= � Lynri� Saba Recording Secretary 7M ' s � Community Development Department PLANNING DIVISION " City of Fridley DATE: March 17, 1994 Q �,r�� TO: William Burns, City Manager,� FROM: SUBJECT: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Establish Public Hearing for April 4, 1994 for a Plat Request, P.S. #94-01, by Scott Lund The Planning Commission conducted a public hearing at its March 9, 1994 meeting regarding a plat request by Scott Lund for property generally located at 73 1/2 Avenue and Highway 65. The Planning Commission voted unanimously to recommend approval of the request to the City Council. The subdivision ordinance requires the City Council to conduct a public hearing for all plat requests. Staff recommends that the City Council establish April 4, 1994 as the date of the public hearing. MM/dn M-93-143 � REQUEST Permit Number Appiicant Proposed Request Location SITE DATA Size Density I Present Zoning Present Land Use(s) Adjacent Zoning Adjacent Land Use(s) Uti(ities Park Dedication Wa#ershed District ANALYSIS Financial lmplications Conformance to the Comprehensive Plan Compatibiiity with Adjacent �' Zoning and Uses Environmental Cbnsidarations ! RECOMMENDATION � Staff , Appeals Commission Planning Commission Author 1�M/dn S TAFF REP O RT Community Development Department Appeals Commission Date Planning Commission Date : March 9, 1994 _ City Council Date: March 2 1, 1994 P.S. ��94-01 Scott Lund To replat Lot 3, Block ], Central View Manor 2nd Addition and Lots 7, 8, and 9, Block 1, Central View Manor into one lot 73 1/2 Avenue and Highway 65 60,621 square feet C-3, General Shopping Center District Vacant C-3, General Shopping C�nter to the West; R-4, Mobile Home. to the North; M-1, Light Industrial to the East and South. Vacant to the West; mobile homes to the North; industrial to the East and South. $t,394.28 Rice Creek Approval with stipulations Approval with stipulations . � n P.S. ��94-01 Scott Lund N I/2 SEC. 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U��CE ._ V4C4�ED S�REFIS �. 7Q ZC�NING MAP Staff Report P.S. #94-01, by Scott Lund Page 2 Request The petitioner reguests that a plat be approved to split the East 180 feet of Lot 3, Block 1, Central View Manor 2nd Addition and combine it with Lot 7, 8, and 9, Block 1, Central View Manor into one lot. The request is generally located north of 73 1/2 Avenue, south of Fireside Drive, and east of Highway 65. The petitioner is also processing a rezoning request to rezone the same East 180 feet of Lot 3, Block 1, Central View Manor 2nd Addition from C-3, General Shopping Center district to M-1, Light Industrial. Site The subject parcels are vacant and are located adjacent to Skip's Central Auto Parts. They are also located south of the mobile home park. The property to the north is zoned R-4, Mobile Home Park; property to the east and south is zoned M-1, Light Industrial; and property to the west is zoned C-3, General Shopping Center district. Analvsis District Requirements The proposed lot created as a result of the replat meets the minimum lot width requirement of 150 feet. The lot, however, does not meet the minimum lot area requirement..of 1.5 acres. The subject parcel is .11 acres (4,791.6 square feet) short of the minimum requirement. Section 211.05 of the Fridley City Code permits variances if the Planning Commission or City Council find certain regulations not applicable. The petitioner has an opportunity to rectify the lot area by moving the entire westerly lot line 15 feet or moving the northerly portion 34 feet_to the west. The petitioner should revise the plat to �eet the minimum lot area. To move the lot line in the second option would create two "odd" shaped lots. Site Plan The petitioner has submitted a proposed site plan which indicates a 13,000 square foot building with associated parking and outdoor storage areas. The building meets the setback requirements for the M-1, Light Industrial district. The proposed lot coverage is 21.4%; the maximum permitted is 40�. The petitioner will need to submit a revised site plan showing a 5 foot hardsurface parking setback from the building along the west and north sides, or process a variance. There is adequate room on the site to 7R Staff Report P.S. #94-01, by Scott Lund Page 3 provide this required setback. The petitioner will also need to provide additional screening along the north and west lot lines. A screening fence is located along the east lot line. There is a screening fence and some vegetation between the mobile home park to the north and the subject parcel. Additional screening should be provided by adding 7 Evergreens 10 feet on center along this fence. The addition of these Evergreens will also bring the proposed landscape plan into compliance with the code requirements. A fence should be installed along the westerly property line with slats to provide screening from the public right-of-way. This is required if outdoor storage is to occur at the rear of the building. Drainage The petitianer has provided a preliminary grading and drainage plan which has been reviewed by the Assistant Public Works Director. He has outlined additional requirements in his memo dated March 2, 1994. The petitioner will be required to comply with these requirements prior to the issuance of a building permit. Landscaping The petitioner has also submitted a preliminary landscaping plan. The petitioner will need to submit a revised landscape plan showing a minimum 3 foot high hedge or berm screening the par.king area from the public right-of-way. Underground irrigation is also required. The landscape plan will need to show the dimensions of existing trees in order to receive credit for them. An additional 4 coniferous trees are needed to comply with the 30% coniferous requirement. Recommendation and Stipulations Staff recommends that the Planning Commission recommend approval of the plat request, P.S. #94-01, to the City Council acknowledging that the lot area does not meet the minimum 1.5 acre requirement. The variance necessary, however, is minimal (4,791.6 square feet). Staff recommends the following stipulations: 1. The petitioner shall submit a revised site plan prior to the issuance of a building permit showing a 5 foot hardsurface setback along the west and north sides of the building. 7S Staff Report P.S. #94-01, by Scott Lund Page 4 � 2. The petitioner shall provide additional screening through planting of seven, 6 foot high coniferous trees along the north property line. 3. The petitioner shall construct a minimum 6 foot high screening fence along the west property line. The screening fence shall be constructed of chain link and contain metal slats. 4. Outdoor storage shall be permitted if the following conditions are met: A. The outdoor storage shall occur on a hardsurface. B. The materials to be stored shall be less than 15 feet in height. C. The materials to be stored shall not be seen from the public right-of-way. . D. The petitioner shall install a gate with slats parallel to the front line of the building. 5. The petitioner shall submit an amended landscape plan prior to the issuance of a building permit with the following changes: A. Underground irrigation shall be provided. B. The dimensions of the existing trees to be saved shall be indicated on the plan to calculate credit for existing trees. C. Four additional 6 foot high coniferous trees shall be added to comply with the ordinance. The 7 coniferous trees shall be planted along the north property line for additional screening from the residential district to the north. 6. The petitioner shall submit a revised grading and drainage plan complying with Scott Erickson's memo dated March 2, 1994 prior to the issuance of a building permit. 7. If the fence adjacent to the mobile home park is removed, the petitioner shall install a minimum 6 foot high screening fence with slats along the north lot line. 8. The petitioner shall revise the plat to meet the minimum lot area of the M-1, Light Industrial district. 7T Staff Report P.S. #94-01, by Scott Lund Page 5 Planning Commission Action The Planning Commission voted unanimously to recommend approval of the request to the City Council. The Commission voted to delete stipulation #8 requiring the petitioner to acquire additional property. Staff Update Staff erroneously excluded the required park dedication fee as a stipulation. Commercial and industrial park fees are calculated at $.023 per square foot. A stipulation should be added: 8. A park dedication fee of $1,394.28 shall be paid at the issuance of the building permit. 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Y25 $ m � � � o 3��. � i a �.uur os _ ; 1.HO.�v01 - 99 96l � 0 0 u Cn o � Q ? m � w C7^ �W � n z� � LL � W LL � ii Zw z„ LL LL �, s n m o„ < p � ° � _ " = ? � u N� �� w � � � ii ` °' LL.¢ " ` '� " p �I a �� ,_ — � , �e P,S. ��94-01 � � Y S�ot�aL� o�� ^�� - W � � �� m m �m m w a - _ ��'_ �Q'_ �f'_ ��'__ g�_ � � �¢ N I ' _ F i i U U - � O _ _ F � ' _ _I __ _ ¢ £ �� ,�_' i'd'� i$N o8� '^Oe m: �� <: =�� m ;mm �� m Emj„ { � ry�> °s> �> `s "'s> g� o --- z-: =a� �a: za� �� ; � ' - �- � � . a f f f u c� ti �w i i � - ------ - -------- ---- � I •. � � � �� U o 'I e�� I � 1 ----------------- ---------e�. � � 7 ■. :i � � I � o� ; , � � :�� "� a � ,.., _ � ; i ��" :' o �� ..... ..........i...,_.. • . 0909Z � � � � � M.�.It.ON...� � _..,...� ; �� -..... g ....... .....d .oe 1 I g � 1 � — t�_ I � i � � ; � p ' � i� �� _ ..J = �_ �„�° ,.�0 - _<_ � � a I� I 3 �q� �� f � � ... < � °•i I ° � ° � M .00.u.o e i�; • - 2i'/9i y'. _.. " ." .. .. ...� .............yr... ii�j ! _ � � _ � �'ei I y/ I\ W' ig4: 1 z • � CI I ;ieF . ,�� I i al :.! , I �' I �i . , � �-� , �a a ,� 'o 0 0 "a no n oa pn A m �a oa o� m z- fn a m^ m ;a° 6 2 �f zd 2 � � J � 7 LL tl 0f Q �j ° �a '" � Z � �C 0= � �°� oa a� �� U � � J a � W � O a. O � a. m TO: FROM: DATE: SUBJECT: En9ineering Sewer vJaier Parks Streets Maintenance MEMORANDUM Michele McPherson, Planning Assistant Scott Erickson, Asst Public Works Director�{ March 2, 1994 PW94-068 Scott Lund/Rite-Way Mobile Home Repair — Drainage and Grading Plan Review The following items should be incorporated into the drainage and grading plan for this project. � 1. Temporary and permanent erosion control should be included. Include details and locations on the plan. An erosion control fee will be applied to the project. 2. 3. 4. 5. 6. 7. 8. 9. SE:cz Provide hydraulic and hydrology calculations. The storm water pond needs to be located entirely outside of easement or right-of- way areas. A restricted outlet with skimmer shall be installed with the pond. Raise driveway to keep all water on site. How is water entering the pond from the parking areas? Provide a well defined drainage swale on the east side of the property. A storm pond agreement will be required. Additional comments may be forthcoming pending further review. � � , .. �. � , r � � I Community Development Department PI,ANNING DIVISION City of Fridley DATE: March 17, 1994 � /1„ �' To. William Burns, City Manager,� FROM: SUBJECT: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Establish a Public Hearing for April 4,�1994 for a Rezoning Request, ZOA #94-01, by Scott Lund The Planning Commission conducted a public hearing regarding a rezo�ing request to rezone property generally located at T3 1/2 �Avenue and Highway 65 from C-3, General Shopping Center District to M-1, Light Industrial. The Commission voted unanimously to recommend approval of the request to the City Council. The zoning ordinance requires the City Council to condu�t a public hearing for all rezoning requests. Staff recommends that the City Council establish April 4, 1994 as the date of the public hearing. MM/dn M-94-144 � � REQUEST Permit Number Applicant Proposed Request Location SITE DATA Size Density Present Zoning Present Land Use(s) Adjacent Zoning Adjacent Land Use(s) Utilities Park Dedication Watershed District ANALYSIS Financial I mplications Conformance to the Comprehensive Plan Compatibility with Adjacent Zoning and Uses ' Environmentaf ' Considerations RECOMIlVIEElVDATIO`d Staff Appeals Commission Planning Commission Author 1�/dn STAFF REPORT Community Development Department Appeals Commission Date Planning Commission Date : March 9, 1994 . City Council Date : March 2 1, 1994 ZOA 4�9�-01 Scott Lund To rezone the East 180 feet of Lot 3, Block 1, Central View Manor 2nd Addition from C-3, General Shopping to M-1, Light Industrial 73 ]/2 Avenue and Highway 65 32,400 square feet (approximate) C-3, General Shopping Center District Vacant C-3, General Shopping Center to the West; R-4, Mobile Home to the North; M-1, Light Industrial to the East and South. Vacant to the West; mobile homes to the North; industrial to the East and South. '_ . Rice Creek Approval with stipulations Approval with stipulations � � ZOA ��94-01 Scott Lund lV //2 SEC. /2, T. 30, C/T Y OF FR/OLEY � 23 ;24 2; �� i -� 13� C? i c•,, t1�` ZC�' + ,r. 31�, 7AA �pCATlON MAP -�. N/��V-c�� i <-. � ', �, ' { � �UG�//V�Y � � ; � ;l, j�, ! ' , ,�, " "" '-r r r�.r r I ;� � f.y j j i�� ' ,,i'%, i�/-�7�/ � �_�� V �.7 ; � ; � � � ��/, ��-ao�� 'i, , %, � �� W� Y �t. � :,-�-,. �. • -� 'rF•i'tL �//i� � � � h J 0 Z j � 1 MINNESOT .-..�_ _ Q 1�' :1 i �` ` J � � _s-:_,.�� C�''i�;��;�i 61 i � �f 73 I 70 � AV i� �� ( % �� ✓ . •��; � ��s � � � o 'Q Z � 1� I� �i �.� y � � ., � ! � $,' Q � � F�� ' `�- ' '-� 3 // / I I �,£t: =„ ..� ` --._/ - -� . _ � Y � 4�, � ' t y ' . �" � �` ._' ' � �� 1 ZOA ��94-01 � Scott Lund ° � .-'" ;=�, :;, , i i ,�3- , `� ' _ � . . . ._ _ F- - � �J }i �' , � � �t'X ,�: � 27 � , ; ' - . �. •�c�—�t '- -- �� ' //�� / ; ,� i I - - .;� � � ( �; _ _ l / ._ -� ,�.� ,� . . + � ) , - ; ,-r -. Q — - , .___�__� � - � i � 76TH AVENUE -�, ! 4 {.�o L� � i - � � ,; p �° �S : 1 ' �H �`,� `, � -,� -�'� . •' '? �� / L ��J '-1' J G � �lifl '�� - - 75'M ��'E^�'1E N E i _��. L UNQ J , i � � / - `� ' ,4� /�ES 6 ' ` `t ° �� F � ,,J 'l.`if , 3 3 � �, _ a 0000,p y �� >>>000�o � ✓ > o � 5 > >�o��'��o��o �0 7 S. ��',>>� �� 6 a T� >o>>>>>oo>>0000 w� l� �J�'��'�'��J>>>7J�JJ�J�O�J�J �S �f %'.W V J J J J J J p J.7 J J J O� j '�` 1 J J J J J� J J O J� J J J oo>>oo�o�0000� z 9.zo �� ? r�..Q I�>>� O J J J O J� p O J ��7J�]7,�)J O J� J J�J� O O O J 7 O O^ O O � J J J J � p O� O� J � O^ I� 7 O J O � J J J O O O� 9 p` ��,>>„�a�o��oo� ;13A� � , m 3i i H v� ;s . 2< 7� z� }•• �f �� •! � J •J ��1• ��• � • •! • •' fY�` 1 �: • — W �t • e t E N.E. :�'�. .�t•� .•�: �, . •i • • e � �---�2�i ' ` �, c�" 4. . .�'�,h --_ •�k��r'.-. � • �, , . . _ . . . 8 .'�'. • •I • e . i��% . � .. ... o - � ...r. 1.�. -+- a . s � • • • � •' O.. � � . R4o.. . .� . • ........ �� • �� d � • '�: �� RTON • • • N�T � ' ,1 � _ � • �• •.��• •�• �-}�' ZT♦ � � - ;ni�T RAN �DISTRICT LEGEND A-1 ONE flMI�Y OWG�S ❑ M-1 LIGHT INDUSTRIqL ❑ q-t TWO fAMll1' DWG�S ❑ M-2 NE�Vr INJUSTpIp� � R-3 GEN. MULTIPLE OWG'S � PUD PL�NNEU UNIT DEV. L q-� MOBILE MOME VARK ❑ 5-1 �HYDE VpRK NEICN80NMOOD ❑ . � PUBIIC FACILITIES � �5-] REOEVELOVMEHT DISTPICT � C-� lOC<L BUSINE55 � O-1 CHEEK 8 RIVEp VPESERVRTION � �-� GENER4L BUSINE55 J;..� O-2 CRITICAL •qE• � C-1 GENFHnt SMOVViNG LyY � � " ' C-4� �+EMER4L JfflfE � Vs��tEO STHEkTS ._. ��Q BB ZONING MAP Staff Report ZoA #94-01, by Scott Lund Page 2 Request The petitioner requests that the East 180 feet of Lot 3, Block 1, Central View Manor 2nd Addition be rezoned from C-3, General Shopping Center district to M-1, Light Industrial. The request is generally located north of 73 1/2 Avenue, south of Fireside Drive, and east of Highway 65. The petitioner is also processing a plat request to split the same 180 feet of Lot 3, Block 1, Central View Manor 2nd Addition and combine it with Lots 7, 8, and 9, Block 1, Central View Manor. Site The subject parcel is vacant, and is located between parcels which are zoned R-4, Mobile Home, M-1, Light Industrial, and C-3, General Shopping Center district. The parcel�is located adjacent. to Skip's Central Auto Parts. Analysis when evaluating rezoning requests, three criteria must be met: 1) Compatibility of the proposed use with the proposed district; 2) Compatibility of the proposed district with adjacent uses and zoning; and 3) Compliance with the proposed use with the proposed district requirements. Compatibility of the Proposed IIse with the Proposed District The rezoning, if approved, will rezone a portion of Lot 3 from C- 3, General Shopping Center district to M-1, Light Industrial. This property will then be combined with the three adjacent lots to the south to create one lot which is proposed to be used by the petitioner for an office and warehouse. The petitioner owns Rite-Way Mobile Home Repair and proposes to construct a 13,000 square foot building on the parcel. This building will be used for offices and to warehouse materials related to his business. The proposed use is permitted within the M-1, Light Industrial district. 7CC Staff Report ZOA #94-01, by Scott Lund Page 3 Compatibility of the Proposed District with Adjacent IIses and Zoning The proposed M-1, Light Industrial district is compatible with the adjacent M-1 zoning district to the south and east. The remaining parcels are zoned C-3, General Shopping Center district and R-4, Mobile Home Park. The mobile home park has been located adjacent to M-1 zoning since it was constructed in the early 1960's. There are screening requirements in the M-1 requirements to provide additional buffering for the residential zoning. Locating M-1 zoning next C-3 zoning, which is the most intensive commercial district in the City, is a compatible zoning practice. Also, rezoning this portion of Lot 3 wi11 create a better development parcel than that which currently exists. Currently, the C-3 zoning in this area creates a"flag" lot which would be difficult to develop due to the size and shape and the setbacks required for the C-3 zoning district. The proposed district is therefore compatible with the adjacent uses and zoning. Compliance of the Proposed Use with the Proposed District Requirements The petitioner is proposing a development which meets the minimum code requirements outlined in the M-1, Light Industrial district. The property meets the minimum district requirements, with the exception of lot area which is .11 acres below the 1.5 acre minimum requirement. The City Council may grant a variance to the lot area during the subdivision process. The proposed use complies with the proposed district requirements. Recommendation and Stipulations The rezoning meets the three criteria for approval. Staff recommends that the Planning Commission recommend approval of the rezoning request, ZOA #94-01, to rezone the subject parcel from C-3, General Shopping Center district to M-1, Light Industrial with one stipulation: l. Plat request, P.S. #94-01, shall be approved. Plannina Commission Action The Planning Commission voted unanimously to recommend approval of the request to the City Council as recommended by staff. City Council Recommendation Staff recommends that the City Council concur with the Planning Commission action. ' 7DD r ♦Y:' •il� � I `1• �� , t �� , � � ��t � � E�F ��R �CB� �� • i � I � li i I �Z I � � �� € ; a � : I �Z � � � �x � � �� 1t�! �� P 5 S � S � i .� �_ �- - �-�`, � , �I � � � � i � � ! I �� I I I i � t � � � \ \ : � 1 �.' �_�� 7 � � e� I/ � (� � d � ! � — �'' : �� N '� .�� ; .:. m R g�� ,� � � �� 53� �� a � �.�� `� � � � � �, � �� .� w � � il' .. o � � sZ "'� ' � � ;:i�3�4 d � �� , �-- .» '� . � � 3 = }RR � � � �i �R � � � � � �� ' � �� punZ �ao�s • � a � ! 0-76�k �/OZ � �� , �, sm rLrv RITE—�YAY '�z:�� _ _ _ _ _ _ A 1 ��.� �ob�a Ho�,��i � �--�-- Fridle llti�ol�Cta _._.......�._..— ... _ _ .�..�..,..,.,. • r �► � J Community Development Department PL�rrG DrviSION City of Fridley DATE: March 17, 1994 �� TO: William Burns, City Manager � FROM: SUBJECT: Barbara Dacy, Coinmunity Development Director Michele McPherson, Planning Assistant Special Use Permit, SP #94-01, by Wal-Mart; 8450 University Avenue N.E. The Planning Commission reviewed the special use permit request to allow a garden center on the subject parcel at its March 9, 1994 meeting. The Commission voted unanimously to recommend approval of the request to the City Council with the following stipulations: 1. Bulk items shall be stored in the constructed garden center where they shall be screened from the public right-of-way. 2. Outdoor storage or sales of chemical fertilizers, pesticides, or herbicides shall not occur outside the main building. 3. 4. Wal-Mart shall submit plans for an enlarged garden center for Planning Commission and City Council review by November l, 1994 for the 1995 sales year. The special use permit shall be valid for one year. Staff recommends that the City Council concur with the Planning Commission action. MM/dn M-94-145 1 r � � � REQUEST Permit Number Applicant Proposed Request Location SITE DATA Size Density Present Zoning Present Land Use(sj � Adjacent Zoni�g Adjacent Land Use(s) Utilities Park Dedication Watershed District ANALYSIS Financial Implications Conformance to the Comprehensive Plan Compatibility with Adjacent Zoning and Uses Environmental Consid2rations � RECOMMENDATION Staff Appeals Commission Planning Commission Author �/dn S TAFF REP O RT Community Development Department Appeals Commission Date Planning Commission Date : March 9, 1994 . City Council Date : March 2 I, 1994 SP �194-01 . Wal-Mart, Inc. To allow garden centers or nurseries which require outside display or storage of inerchandise. 8450 University Avenue N.E. C-2, General Business Retail R-3, General Multiple Family Dwelling to the West; P, Public, to the West; C-2, General Business to the South. Multiple dwelling and park to the west, and vacant to the soutl�. Six Cities Approval with stipulations Approval with stipulations i � b� 0 A O Y • N O N a e O a i �� ■: , � SP �F 94-0 l Wal-Mart_ Inc. �b . , � 1 �'�� / \ , DI '_ ; Q ; ` . ,, , z 36S „ 3 /. v�,� ,� � `_�5 v�,y. o�n ; ' �o I ... . ... � _ _ ��' rrwy. o��c , .. SaSo. ..�/-1-A-f1 AIA 12AL.....azzs.;' rX�7• .. 2i34..a(f/,' s.... . 4B63f nct. ' ' � 135.9! �-..2G20. 5..... � ' 90 4. 21- � , _ ♦� _.SB9°29b2�W 1040.12-- s i `_,'oT.gS�.. _,, � BO P f 87.25 20 33 - ` O s � 0 a:g41.4T ,f, %� A � � � o m o ��1',�1'� 1p . � D. g0 ,� � p3 ��1 � ( 13) N V� i\`� �' ti O �� 65;Lp° 5 O l� ♦�� ._ �y - S � m��' � � 0 3 �o. . R., 2 �;� w �� ^ i. � 6�/� a'33o?�p .�.� ° a �' 8 � �N e a-. V� 2Jt .�O o Rz3 `i �► a 3•61 �589 29'02"W.�ee 30 �o�a, � �� i 90.23 t. 6�32'� „ ros � 1 ' `992 ss��4�� o °-�J:�o RS I T;Y ; A VF ��ow�' } � � � A' 399�� \ 1"��e ^i : � A � 3� °-� , o o,�� ^ � �� •-'' w vr e �1 •'' u � m � � i'e w � �?�. �� ;�� 4.,�. �_ ;fTS o0 N y� Z!-D1 E. - 0 �. } '1 :a �� 1'00� N�8 PR� S ,� o�, 15 TM�� pp�R � � n°: o '' ti` �F � �� N I /it/ / �: � � � � ,r ~ 6 O w � a � a: �ninr �°.o• � '^ r p' � p — N 0 n e N •� • lV w J w K • � � a , : -- .�••� - -_ :� �-'----- �` / } 1 VWj ' J i Q 0 n � p � � O O ..B P,T '2.:+ N.o va +c.se: Dl '--- ; \ �m . P � I o �N �O O N , �0� Y =� - E � D � � �. 4 R� �, � W � � � �� 3� a, �o , - --- . .. ;� _. � ` ` 1y _l-_-_', ' -- - '--- - '' - - - -- _ ,_ _� w -N�V`ss'17"f i0o.01- � 0 ` OL . A � ryryY �b+i wI141 _: 'p��,,o �y � ` + s� J '�I_ V� S.N 06,Ot • f � 1 1 �� , E :.: Qj . o .y �s } 7► �'+�� ,��'�+, _H _. n■ 7HH LOCATION MAP �]►�il�[!�1►��I�\: Staff Report SP #94-01, by Wal-Mart Stores Page 2 Request The petitioner requests that a special use permit for a garden center or nursery requiring outdoor display or storage of merchandise be granted. The request is located on Lot 1, Block 1, Wal-Mart in Fridley, the same being 8450 University Avenue N.E. Site The property is located at the intersection of 85th and University Avenues. The property is zoned C-2, General Business. There is additional C-2, General Business zoning to the south; R- 3, General Multiple Family; and P, Public, zoning to the west. The property is used for retail sales. There is multiple family dwellings located to the west of the subject parcel. Background In 1992, the City Council approved special use permit, SP #92-07. The approval required certain design elements, like rock face block knee walls and wrought iron fencing, to be included in the design of the garden center. The stipulations required bulk items to be stored adjacent to the building and no outdoor storage of garden chemicals. Analysis The petitioner is requesting a special use permit to allow temporary garden sales to occur from a"hoop house" and "corralled".merchandise. A hoop house is a temporary green house constructed of aluminum tubing and heavy gauge plastic. The hoop house and corralled garden materials will be located in the southeast corner of the parking lot across the driving aisle from. the existing garden center located on the east side of Wal-Mart. Wal-Mart is requesting the special use permit because the amount of inerchandise shipped during the growing season is too large to store within the existing garden center. In 1993, Wal-Mart conducted garden sales on the sidewalk in front of the store and also had pallets of materials located in the parking lot. Staff informed Wal-Mart that this practice was not permitted by code and requested that the materials be moved. Staff inet with the manager and assistant manager of Wal-Mart regarding the previous special use permit request, SP #92-07, which permitted the garden center and required certain design elements to be included as part of the design. Staff informed the managers that the current request, if it is to occur on a permanent basis, is inconsistent with this previous request. The 7JJ Staff Report SP #94-01, by Wal-Mart Stores Page 3 intent of the original special use permit was to provide a more visually appealing location for the garden center and to contain the activity in the area. The managers have contacted Wal-Mart Corporate who has agreed to consider expanding the existing garden center. If Wal-Mart is agreeable to expanding the existing garden center, the current request could be approved by the Planning Commission on a one year basis; staff recommends that the current request not be approved as a permanent activity. The location of the hoop house and garden materials are not located in a driving aisle. Approximately 40-50 spaces will be lost as a result of this activity if approved. Sales will begin in April and continue until approximately August. Recommendation Staff recommends that the Planning Commission recommend approval of the special use permit, SP #94-01, to allow a garden center on a one year basis. Staff recommends the following stipulations: 1. 2. 3. Bulk items shall be stored in the constructed garden center where they shall be screened from the public right-of-way. Outdaor storage of chemical fertiZizers, pesticides, or herbicides shall not occur in the parking lot. Wal-Mart shall submit plans for an enlarged garden center for Planning Commission and City Council review by November 1, 1994 for the 1995 sales year. Flanninq Commission Action The Planning Commission voted unanimously to recommend approval of the request to the City Council. The Commission voted to amend the stipulations: 2. Outdoor storage or sales of chemical fertilizers, pesticides, or herbicides shall not occur outside the main building. 4. The special use permit shall be valid for one year. City Council Recommendation Staff recommends that the City Council concur with the Planning Commission action. 7KK n SP ��94—01 Wal—Mart, Q ., ?y] � �• �. �� '7iN_ . . � I-��f . O i 1 � `�. \ ._. �L�.J � . Z <m C.�, � � Y in �'y+� r� _. C� � � p4 v ' `7 \ �r � , � t� a. :��+ ! i ; `-1 ��c r, � � � o: �� :zz .. !—�`�' _ - � N.. a • — . �` �� ..,C � �i@.-� '. r � g � � � 2 !`.� �"' ��. ,�'� I 9 y � � < `j' '_ �`. �; :" ' ' �' o , � ` 'C ^ ° . � IR - n � � �b � '� . �C 1..! � � o � I . . 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SITE PLAN � � Better J -� 1 � N Home�� GARDEN CENTER sf� �,�4—ui ld.�l-MarC. Inc. G�eenl�o�xse Pro �ram Stores �vith Poly-Tex Greenhouse �n�ill set it in the parking lot, either in front of, to the side of, or behind Garden Center. • Use a corral for tie-in sales oil bagged goods, fertilizers, trees, etc. • The corral should have a i0' entrance. Re�er to lavout on page 6-S. • Make eaclt aisle near the bagged goods 10' �vide to allow for forklift movement. • Bagged goods can be sta��d on the perimeter of vour.corral area to provide a�vind break for your nursery stock. Ai1 extra protection you can give your plants �vill save markdo��ns. ;A�lercl»ndi�c beddin�; ptani tlats, 4" pots a»d r�" f,c�ts L�� irc- • Catc�oi-irin�� lilatlis by sirc �nd ��arici�, t-vill aid you in kno��ing ��+hat is scllinb. • Use bedding plant preprintcd signs �nd 514�11 IlO�CjCI'S. • l�<all�>�� ih� mei-clian�lisc ��lin ��rovidc�cl (c>i� yc>>ir �;r�cnl�c�us��. i� nice clean s�reenlu�use will create excitcment �n�ith our cust�mers <3a�d producc c�xc�llent salcs. • Ii's a» exlension of y��ur stor� ai�d should Ue maint�ined as such. • You havc so►nething which �nost of your compctition docsn't havc, so tai<c advanta�;c of it. 7-7 7Mi�1 i _ CtTYOF FRIDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FR[DLEY, MN 55432 •(612) 571-3450 • FAX (612) 571-1287 CITY COUNCIL ACTION TAKEN NOTICE SPptember 10, 1992 Wal-Mart Stores, Inc. c/o McCombs Frank Roos Associates, Inc. Gregory Frank 15050 - 23rd Avenue North Plymouth, MN 55447 Dear Mr. Frank: On September 8, 1992, the Fridley City Council officially approved your request for a Special Use Permit, SP #92-07, to allow garden centers or nurseries which require outside display or storage of materials, on the following described property: Parcel l: That part of the North 32.12 acres of the North Half of the Northwest Quarter of Section 2, Township 30, Range 24, lying West of Highway 47 (University Avenue), according to the United States. Government Survey and situate in Anoka County, Minnesota. Parcel 2: The East 600 feet as measured at right angles to the west right-of-way of State Trunk Highway 47, of the following described tract: All of the Northwest Quarter of the Northt:-est Quarter �f SP_C'tion 2, Township 30, Range 24, Anoka �ounty, Minnesota, lying westerly of State Trunk Highway Nc. 47 except the South 1050 feet thereof and except that part lying North of the South line of the North 32.12 acres of said I�orthwest Quarter of Section 2. Parcel 3: The East 600 feet of the North 600 feet of the South 1050 feet of all that part of the Northwest Quarter of the Northwest Quarter of Section 2, Township 30, Range 24, Anoka County, Minnesota, lying Westerly of State Trunk Highway No. 47. This property is generally located at 85th and University Avenues. 7NN Wal-Mart SUP September 10, 1992 Page 2 Approval is based on the following stipulations: 1. Plat request, P.S. #92-05, shall be approved. 2. Bulk items shall be stored adjacent to the main building and screened from the public right-of-way. 3. There shall be no outside storage of chemical fertilizers, pesticides, or herbicides. You nave one year from the date of City Council action to initiate construction. If you cannot begin construction in time, you must submit a letter requesting an extension at least three weeks prior to the expiration date. If you have any questions regarding the above action, please call the Planr�'ng Department at 571-3450. ely B�rbara Dacy, AICP Community Development Director D/dn cc: YMCA The Estate of Kenneth Isaacson Ple�se review the above, sign the statement below and return one copy to the City of Fridley Planning Department by September 24, 1992. Concur with ion taken w IJ�.C.� ` ��t,n.7C � �.��_ �� 700 . : _ : (. -5y�.�..�i'-'r. ; % -''� �Tj�_�. l:.. � i•�. ��CL�� .'�E� ;,;:>?y i i;:�i."y ::Y. G'1S �� !t� fK' CITYO■ FRIDLEY i�flli)f.i:l' N1UN1('1P:\L CI:N�(�GK • h-l:l UN1Vl:iZSfll� :\\'I;. N.I:. 1=K(DL1:�'. \iN ii�l�? •((�I?1 �71-i-li(1 • 1=:�\ 1(�I _'� �71-I?�7 February 25, 1994 .� � Shelly Stevens Wal-Mart Stores, Inc. :Ol South 47alton Boulevard Mitchell Building Bentonville, AK 72716-8702 RE: Garden Center at 8450 University Avenue N.E, Fridley, Minnesota Dear Ms. Stevens: We recently received a special use permit application for a garden center at the Fridley store. This garden center is to be located in the parking lot. We met with the Store Manager, Steve Woodley, and the Assistant Store Manager, Chris Hamline, on Thursday, February 24, 1994, to discuss the request and the issue of continued outdoor storage. The Fridley store was issued a special use permit for an enclosed garden center which was constructed as part of the building. It was the City's understanding that all garden center activities would occur within this specially constructed area. City staff worked diligently with the architects to design the garden center to be aestheticaily pleasing and to provide proper screening. The curren� request i� incor.sisterit with the previous Council action; therefore, we informed Mr. Woodley that staff would recommend denial of the request. However, if the proposed garden center was to be a temporary measure while Wal-Mart expanded the existing garden center, staff would be moze inclined to recommend approval of the special use permit on a temporary basis. If this is an option for Wal-Mart, the Planning Commission should be informed of this future plan. In addition to the garden center, we have observed that there are dropped storage containers located in the rear of the building. Unscreened outdoor storage of materials and equipment is not permitted in the C-2, General Business District, unless it is screen�d �rom the publiC �`ight-of-way. 'These containers are not 7PP Shelly Stevens February 25, 1994 Page 2 screened and, therefore, do not meet the code requirement. We were informed by Mr. Woodley that he has been unable to have the company owning the conta�iners remove them in a timely fashion. If�you C.ould assist hifi in resolvir�g this issue,.it would be greatly �appreciated. If you�anticipate that this st4re w'ill continue to need ontdoor storage of materials or equipment similar to these containers, you will need to process a special use permit for outdoor storage. This special use permit will require additional screening to be constructed in order to �eet the code requirements. t�de sinc�rely hope that 4�e can t•�ork together to resoive these tt•ro issues. Piease respond in wri�ing prior to Thursday, March 3, 1994, so the Planning Commission has a second alternative to eva�uate the proposed garden center. If you have any questions or concerns regarding these issues, please contact my supervisor, Barbara Dacy, at 612-572-3590 or me at 612-572-3593. Sinc rely, ��%"�c-�l, f' �G • � � Piic ele McPherson . Plannzng Assistant " NM:ls C-94-58 % QQ APARTMENTS AT NORTHTOWN March 9th, 1994 To: Fridley Planning Commission University Ave NE Fridley,MN.55432 Re: Wal-Mart, Inc. SP #94-01 In response to the request from Wal-Mart, Inc. to be permitted to install a temporary green house or "hoop house" in Lot l, Block 1. We have always welcomed Wal-Mart into the community and as our neighbor. We feel this is another opportunity to provide all of us with affordable merchandise, in this case shrubbery and f lowers . Wal-Mart has displayed responsible methods of maintaining a stairway connecting our community to their store. We would have no reservation in recommending an approval. They have proven to take appearance and curb appeal seriously with their cleaning up of debris, maintaining the sidewalk and keeping their lot maintained. Again, we recommend that you approve this request. Sincerely, A ie Fleming Manager SpringBrook Apartments CC: Steve Woodley - Wal-Mart 111-83rd Avenue NE, Fridley, MN 55432 (612),��500 A Belgarde, Yaffe and artin Community A Division of BelQarde Enterprises r � � J Community Development Department PLANNING DIVISION City of Fridley DATE: March 17, 1994 � TO: William Burns, City Manager �� FROM: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant SUBJECT: Approve Official Title and Summary for Publication for O-4, Wetland Overlay District Attached is the official title and summary for publication of the 0-4, Wetland Overlay District ordinance. Staff recommends that the City Council approve the attached official title and summary for the O-4, Wetland Overlay District for publication. MM/dn M-94-141 ORDINANCE NO. OFFICIAL TITLE AND SUMMARY I. Title An ordinance recodifying the Fridley City Code, Chapter 205, entitled "Zoning", by adding 205.27, O-4, Wetland Overlay District, and renumbering consecutive sections, and amending Chapter 11, entitled "General Provisions and Fees". II. Summarv The City Council of the City of Fridley does hereby ordain as follows: The proposed ordinance establishes boundaries for wetland regulation within the City of Fridley. It complies with the 1991 Wetland Conservation Act Administrative Rules 8420. It is in the public's interest to preserve, protect, and enhance wetland functions and values. The ordinance provides a process for development in and around wetlands which requires avoidance and minimization of wetland impacts. In those instances where wetland impacts cannot be avoided or minimized, the ordinance provides standards for replacement of wetland impacts. III. Notice This Title and Summary have been published to clearly inform the public of the intent and effect of the City of Fridley's Zoning ordinance. A copy of the ordinance, in its entirety, is available for inspection by any person during regular business hours at th.e offices of the City Clerk of the City of Fridley, 6431 Universit� Avenue N.E., Fridley, MN 55432. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THE DAY OF , 1994. WILLIAM J. NEE - MAYOR ATTEST: WILLIAM A. CHAMPA - CITY CLERK Public Hearing: February 22, 1994 Publication: : ` TO: WILLIAM W. BURNS, CITY MANAGER �� FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR SUBJECT: INVESTMENT POLICY DATE: March 17, 1994 Attached you will find the investment policy for the City of Fridley. The policy consists of the following sections: • SCOPE • PRUDENCE • OBJECTIVE • DELEGAI'�ON OR AUTHORITY • ETHICS AND CONFLICTS OF INTEREST • AUTHORIZED FINANCIAL DEALERS AND INSTITUTIONS • AUTHORIZED AND SUITABLE INVESTMENTS • COLLATERALIZATION • . SAFEKEEPING AND CUSTODY • DIVERSIFICATION/MATURITIES • INTERNAL CONTROL • PERFORMANCE STANDARDS • MARI�ET YIELD (BENCHMARK) • REgORTING • INVESTMENT POLICY ADOPTION The policy was created using model policies from the Government Finance Officers Association, Municipal Treasurers Association and the State Auditor's Office. The policy includes a few non-substantial changes; however, there is one change that Council should be aware of: • AUTHORIZED AND SUITABLE INVESTMENTS In increasing interest rate environments, it is beneficial if we can invest in adjustable rate mortgages and very limited forms of Collateralized Mortgage Obligations (CMO). The types of CMO's that I am recommending are classified as Planned Amortization Class 1(PAC 1). They would only have a stated maturity of 3 years. These types of investments have no risk of loss of principal and would allow for a pick up in interest rates during a period of increasing short terms rates, similar to what we are currently passing through. RDP/me Attachment RESOLUTION NO. - 1994 RESOLUTION ADOPTING AN INVESTMENT POLICY WHEREAS, The City of Fridley recognizes that an Investment Policy promotes acquisition of safe investments by providing structure to the treasury function, and limiting the risk to public funds, and WHEREAS, the Investment Policy provides for a systematic review of public funds, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Fridley adopts the Investment Policy as identified as E�chibit 1 attached. PASSED AND ADOPTED BY THE CITY COUNCIL F THE CITY OF FRIDLEY THIS DAY OF , 1994. ATTEST: WILLIAM J. NEE - MAYOR WILLIAM A. CHAMPA - CITY CLERK .� CITY OF FRIDLEY INVESTMENT POLICY INTRODUCTION EXHI�IT 1 The City of Fridley is dedicated to the proposition that a sound investment program is essential to good �scal management. The primary objective of this policy is to provide safety of capital and to attain a market-average rate of return throughout both budgetary and economic cycles. The wise management of public funds can provide a substantial portion of the revenues required for providing balaneed budgets within the City. It is the policy of the City of Fridley that available funds be invested to the maximum extent possible at the highest possible rates obtainable at the time of investment in conformance with the legal and administrative guidelines outlined herein. The following guidelines will detail the legal, vendor, and administrative processes. 1.0 SCOPE: This investment policy applies to all �nancia( assets of the City of Fridley. These funds are accounted for in the City of Fridley's Comprehensive Annual Financial Report and include: 1.1 Funds: 1.1.1 1.1.2 1.1.3 1.1.4 1.1.5 1.1.6 Z.0 �PRUDENCE: General Fund Special Revenue Funds Capital Project Funds Enterprise Funds Internal Service Funds Trust and Agency Funds Investments shall be made with judgement and care-under circumstances then prevailing-which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. 2.1 The standard of prudence to be used by the City's Investment Of�cials shall be the "prudent person" standard and shall be applied in the context of managing an over.all portfolio. Investment Of�cials acting in accordance with written procedures and the investment policy and exercising due diligence shall be relieved of personal responsibility for an individual securities credit risk or market price changes, provided deviations from expectations are reported in a timely fashion and appropriate action is taken to control adverse developments. 3.0 OBJECTIVE: The primary objectives, in priority order, of the City of Fridley's investment activities shall be: N � Page 2 3.0 OBJECTIVE: (cont) 3.1 Safety: Safety of principal is the foremost objective of the investment program. Investments of the City of Fridley shall be undertaken in a manner that seeks to ensure the presetvation of capital in the overall portfolio. To attain this objective, diversification is required in order that potential losses on individual securities do not exceed the income generated from the remainder of the portfolio. 3.2 Liquidity: The City of Fridley's investment portfolio will remain sufficiently liquid to enable the City of Fridley to meet all operating requirements which might be reasonably anticipated. 3.3 Return on Iavestmen� The City of Fridley's investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into. account the City's investment risk constraints and the cash flow characteristics of the portfolio. 4.0 DELEGATION OF AUTHORITY: Management responsibiliry for the investment program is hereby delegated to the Finance Director, who shall establish written procedures for the operation of the investment program, consistent with this investment policy. Such procedures shall include explicit delegation of authority to persons responsible for mvestment transactions. No person may engage in an investment tra�nsaction except as provided under the terms of this policy and the procedures established by the Finance Director. The Finance Director shall be responsible for all transactions undertaken and shall establish a system of control to regulate the activities of subordinate of�cials. 5.0 ETHICS AND CONFLICTS OF INTEREST: Of�cers and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. Investment of�cials shall disclose to the City Manager any material �nancial interest in financial institutions that conduct business with the City, and they shall further disclose any large personal �nancial/investment positions that could be related to the performance of the City's portfolio. Investment of�cials shall subordinate their personal investment transactions to those of the city, particularly with regard to the timing of purchases and sales. 6.0 AUTHORIZED FINANCIAL DEALERS AND INSTITUTIONS: The Finance Director will maintain a list of �nancial institutions authorized to provide investment services. In addition, a list will be maintained of approved security broker/dealers selected by credit worthiness, who maintain an of�ce in the State of Minnesota. These may include "primary dealers" or regional dealers that qualify under Securities & Exchange Commission Rule lSc3-1 (uniform net capital rule). 7.0 AUTH4RIZED AND SUITABLE INVESTMENTS: Minnesota Statutes (Exhibit A) empower the city to invest in any of the following instruments: 9C Page 3 7.4 AUTHORIZED AND SUITABLE INVESTMENTS: (cont) A. United States Treasury Obligations B. Federal Agency Issues C. Repurchase Agreements D. Reverse Repurchase Agreements E. Certi�cate of Deposit F. State and Local Bonds G. Prime Bankers Acceptance H. Prime Commercial Paper I. Money Market Funds(whose portfolios consist of United States Treasury Obligations and Federal Agency Issues) J. Guaranteed Investment Contracts Because of the complex evaluation techniques required and the impact that changing markets can have on certain types of investments, the City will refrain from entering into any form of Guaranteed Investment Contract (GIC� and restrict itself from certain types of Collateralized Mortgage Obligations (CMO). The City will only use a CMO product if it is classified as a Planned Amortization Class 1(PAC 1) with a stated maturity of 3 years or less. The City will also refrain from using any investment in the form of a derivative product which derives its value from or bases its value on the value of other assets or on the level of an interest rate index with the exception of floating rate non-derivative mortgage back securities. The city has chosen to be restrictive in the use of these products because of their financial complexity and these instruments often times react violently to changing interest rates and have imbedded within them option like features. 8.0 COLLATERALIZATION The City of Fridley will follow Minnesota Statutes regarding the use of Collateral requirements. Collateralization is required on two types of investments: certi�cates of deposit and repurchase (and reverse) agreements. In order to anticipate market changes and provide a level of security for all funds, the statute calls for an amount in excess of the par value for amounts on deposit at the close of the business day. 9.0 SAFEKEEPING AND CUSTODY: To protect against �otential fraud and embezzlement, the assets of the City of Fridley shall be secured through third-party custody and safekeeping procedures. Bearer mstruments shall be held only through third party institutions. Investment of�cials shall be bonded to protect the public against possible embezzlement and malfeasance. Collateralized securities such as repurchase agreements shall be purchased usin� the delivery versus payment procedure (DVP). Unless prevailing practices or economtc circumstances dictate otherwise, ownership shall be protected through third-party custodial safekeeping. The City of Fridley is attempting to minimize its custodial risks by following the Governmental Accounting Standards Board Statement #3. This standard classi�es each of the cities investments and repurchase agreements into one of three categories based on who is holding the security. By following the procedures identified above the City of Fridley provides for the highest level of security in dealing with the custodial protection of its assets. The Safekeeping procedures shall be reviewed annually by the independent auditor. .� Page 4 10. DIVERSIFICATION/MATURITIES: No more than 10% of the portfolio may be invested in the following categories or securities. A. Commercial Paper B. Negotiable Certi�cates of Deposit C. Bankers Acceptances Except for the Debt Service Funds, and Nonexpendable Trust Funds, the assets of the City of Fridley shall be invested in instruments whose maturities do not exceed �ve years from the date of purchase. It shall be the strategy of the Finance Director to stagger maturities to avoid undue concentration of assets into a speci�c maturity sector. The maturities selected shall provide for stability of income and reasonable liquidity. 1L INTERNAL CONTROL: The Finance Director shall establish an annual process of independent review by an external auditor. This review will provide internal control by assuring compliance with policies and procedures. The city will also maintain the portfolio on a 3rd party investment management system to provide assurance that all accounting transactions are handled in accordance with Generally Accepted Accounting Standards (GAAP). 12. PERFORMANCE STANDARDS The investment portfolio will be designed to obtain a market average rate of return during budgetary and economic cycles, taking mto account the City of Fridley's investment risk constraints and cash flow needs. 13. MARKET YIELD (BENCHMARK): The City of Fridley's investment strategy is de�ned as a"passive" form. Under the passive philosophy we will purchase investments that fit in accordance with this policy with the expectation to hold until the stated maturity occurs. Given this strategy, the basis used by the Finance Director to determine whether market yields are being achieved shall be the 6-month Treasury Bill. 14. REPORTING The Finance Director is charged with the responsibility of including a report on investment activity and returns which are included in the City of Fridley's Comprehensive Annual Financial Report. The report will include security diversi�cation information, maturity breakdowns, and interest earnings. 15. INVESTMENT POLICY ADOPTION: The City of Fridley's investment policy shall be adopted by resolution and shall be reviewed on an annual basis by the Finance Director. 9E use at the time o the costs of reloca section, where thc e provided in thal days, if reasonably of the acquisition. �der this section for :�� DEPOSITORIES OF PllBL(C FUNDS 1l8A1 CHAPTER 118 EXHIBIT A DEPOSITORIES OF PUBLIC FUNDS � �� 005 Dcsignation, protcction of deposit. I I8.1 I Limitation of dcposits not i i�.01 Depository bonds and cotlateral. dcpcndent on capifal and surplus; I! SA? Effect of czisting contracts. application. i t� 03 Ccnain banks may be dcpositorics. 1 I8.I2 Invcs�ment of �own funds. ,i i.: lN Treasurer w bc �cimburscd for 118.13 Dc{wsit of sccurities. losscs. ' 1 18.14 Eadusion of invcslcd funds Gom I I 3 10 Depositoncs insurcd undcr fedcral bond coveragc. act cxcuszd from giving sccurity to 118.16 Failurc to pay sales and ux tazcs. exunt of iosurance co�•crage. 118.005 DES[GNATIOIV, PROTECI'ION OF DEPOS[T. Subdivision l. The governing body of every municipality, as defined in section I 1 S.OI, which has the power to receive and disburse funds, shall designate as a deposi- ton� of the funds such nationa(, insured state banks or thrift institutions as defined in s«tion � IA.02, subdivision 54, as it may deem proper_ The governing body may autho- rizc the treasurer or chief financial ofiicer to exercise the powers of the governing body in designating a depository of the funds. For purposes of this chapter, a credit union is a thrift institution. Subd. 2_ In the event the bank or insured thrift institution selected as a depository is a member of the federal deposit insurance corporation or the federal savings and loan insurance corporation, or is insured by the national credit union administration, the custodian of the funds may deposit an amount not to exceed the maximum amount of insurance on the deposits. In the event it is desired to deposit a greater amount in any bank or thrift institution prior to the deposit the governing body or oH�icer shall require i I�c bank or thnft institution to furnish a bond, executed by a corporate surety company authorized to do business in the state in a sum at least equal to the estimated sum to be deposited in excess of the maximum amount of insurance. In lieu of the bond, the depository shall assign to the custodian of the funds collateral security in accordance ��ith section ! 18_O1. . �. ; a History: 1969 c 294 s 1; 1978 c 747 s 4,- 1985 c 239 s 1; 1985 c 292 s 8; 1988 c 666 118.01 DEPOSITORY BONDS AND COLLATERAL. Subdivision l. Any bank, trust company or thrift institution authorized to do busi- nrss in this state may, in lieu of the corporate or personal surety bond required to be furnished to secure deposited funds, deposit with the custodian of the funds as co(tat- rral security: {i) ceriif�caies of deposit that are fully iasured by the Federai Deposit Insurance Corporation or the Federal Savings and Loan [nsurance Corporation; (2) n<nes sccured by first mortgages of future maturity, upon which interest is not past due, c�n improved real estate free from delinquent taxes, within the county wherein the �1r�ository is located, or within counties immediately adjoining the county in the state ��1 �1 inncsota; (3) ob(igations which are tegally authorized investments for debt service ��:,i�1s under section 475.66, subdivision 3; and (4) qualified state or loca� government "`�'.�5:uioas acceptable to the treasurer or chief financial officer. Qualified obligations ''•'��'• be general obligations rated "A" or better by vloody's Investors Service, [nc. or �`;'''�<�a�d R Poor's Corporation_ ' �uhd. 2_ Except for notes secured b�� hrst mortgagcs of future maturity, the total ��• .:mount of the collatera( computed at its markel valuc shall be at least ten percent "'��re than the amount on deposit at thc closc of the busincss day, in cxcess of any �nwred portion, which would be permitted if a corporatc or personal surety bond were �u�t�ished. The total amount of col(ateral consisting of notcs secured by first mortgages <>� future maturity computed at its market valuc shall be at Ieast 40 percent more than 9F � i is.oi �ErosrrokiF.s oF ruB�.ic F�uN�s a;:. thc amount on dcposit at thc closc of thc busincss day, in exccss of any insured portion which would be permitted if a corporate or personal surety bond were furnished. Thr dcpository may furnish both a bond and coilatcrai aggregating the required amount. Subd. 3. Any collaterai so deposited shall be accompanied b} an assignment thereof io the municipality from the depository. The assignment shall recite that th� depositor�� shall pay over to the treasurer or chief financial officer on demand, free oj exchange or any other charges, except for early withdrawal penalties on time deposits. ali money deposited therein at any time during the period the collateral shail bc so deposited and shall pay the interest thereon when due at the agreed rate; and that, in case of any default upon the part of the depository, the governing bod� of [he munici- pality or the treasurer or chief financial officer may sell the collateral, or as much thercof as may be necessary to realize the full amount due the municipalitv and to pa} o�cr any surplus to the depository or its assigns. Subd. 4. A depository may make withdrawals of excess collateral or substitutc oiher collateral, as defined in subdivision l, on receipt by ihe municipality of written notice from the depository. Authority is vested in the ireasurer to reiurn the collateral to the depository. Al! interest on the collateral so deposited shall be paid to the deposi- tory so long as it is not in default. Subd. 5. The closing of a depository shalt be deemed a default on the part of thc depository and no demand on the part of the municipality shall be necessary to estab- lish the default. If a depository closes, any deposit placed therein shall immediatel� become due and payable. � Subd. 6_ All collateral shall be deposiled with the treasurer or chief financial officer of the municipality or placed in safekeeping for the municipality in a financial institu- tion approved by the governing body of the municipality or the treasurer or chief finan- cial ofiicer, if approval authority is designated to the treasurer or chief financial officer. The collateral shali not be redeposited in the bank, trust company or thrift institution furnishing it. Subd. 7. "Municipality" for the purpose of this section means a county, city; town. school district, hospital district, public authority, public corporation, public commis- sion, special district, police or sa(aried firefighter's relief association, �•olunteer fire- fighter's relief association, independent nonprofit firefighting corporation having a subsidiary firefighter's reliefassociation, orany retirement association establis�ied pur- suant to statuie or special law holding funds intended to support or pay retirement ben- efits for employees of a municipality, any other politicai subdivision, or an agency of the state or of its subdivisions. Histon•: (1973-1) 192� c 173 s 1; 1929 c 370 s l; /933 c 41 s 1,- 1957 c 6ys s l; I961 c�60 s 14,- 1963 c� I 1 s 1; 1967 c.i28 s 1,- 1969 c 18 s/,- 1969 c 78 s l,- 1969 c 29� s?, 197.� c 123 art � s 7; 1978 c 747 s�; 1980 c 5� 1 s 2,- 1980 c 618 s I: 1981 c'?4 s 30: I 9�43 c 91 s I,- /9s� c 2�i9 s?: 1989 c 166 s l8 118.02 EFFEC"I' OF E\ISTING CONTRACTS. Nothing in scction 1 18.01 shall bc construcd as modifying or impairing any c�ist- ing contract or obligation, but authority is hereby conferrcd upon any go��erning body or other authority authorizcd to designate dcpositorics to terminate am existing con- Iract with any depository by mutual consent and to make a ncw dcsignation under the terms hereof for the unexpired period of thc designation. History: (1973-1) 1915 c/73 s Z 118.03 [Obsoletej 118.04 (Obsolctcj I18.05 [Repealed, 1976 c 44 s 70] 118.06 [Repcaled, 1943 c 202 s I j 118.07 [Repcalcd, I 943 c 202 s I) �� " 118.08 CERTAIN * �� In every case w �'#'' chapter 381, merges ' `�' : consolidated bank sh ''��'' the laws of this statc +�= eligible to receive de :�..: , History: (1973-8 ,.,. � 118.09 TREASUR �i �.. � ��; � �,t,; �,;: � � �` i � f Where the treas reimburse the town tory which becomes money so paid �vhen ing or at any regular the annual meeting History: (1973-9 118.10 DEPOSITC GIVING SECURI`I° No bank or trust nated as a depositor sanitarium commiss. deposits of which ba visions of the act of ( Deposit Insurance C be required to furnis in lieu of bond, to s< deposit liabilities" a Congress. Nothing i pany from furnishin� afforded by the nati History: (1973-.I Ss7 118.11 LIMIT�TII SURPLUS; APPL1� No dcsignation sTate, county, to«�n_ sion funds and no d the amount of the c� depository ma� nev security thercfor as This section sh� History: (1973 � art�s7: 1978c-� 118.12 [NVESTV� When the towr it advisable, such t� as will not, in the oI in any of thc bonds created pursuant tc and South Dakota. city, county, town. public purposes in any insurcd portion, were furnished. The _ required amount. by an assignment shal( recite that the � on demand, free of s on time deposits, " llateral shall be so . -d rate; and that, in dy of the munici--� . or as much thereof -+ �ty and to pay over�A teral or substifute icipality of written �;,turn the collateral paid to the deposi- :: �L t on the part of itie necessary to estab= shall immediately ief financial officer:: a financial institu=;; urer or chief finan- �. ief financial o$'icer. : r thrift institution county, city, town; �n, public commis-':=� �n, volunteer fire=`� �oration havirig a a n established pur_'� ay retirement ben- .=` �n, or an agency of ;� • .r�;;.. �957 c 698 s 1; 1961 s 1,- 1969 c 294 s 2.• 81 c 224 s 30; 198.i :xpairing any exisi- ay governing body � any existing con- ignation under thc ,�57 DEPOSfI'ONIF.S OF PUBI.IC FUNDS I1R.12 �18.08 CERTAIN BANKS MAY BE DEPOSITORIES. In every case whcrc a bank, which is eligible under thc provisions of Laws 1927, chapter 381, merges orconsolidates with another bank under the charterofeiiher, such consolidated bank shall, so long as all taxes levied and assessed against its shares under the laws of this state subsequent to such consolidation are paid as required by law, be eligible to receive deposits of public moneys under Laws ( 927, chapter 381. History: (1973-8) 1929 c 261 1 t8.09 TREASURER TO BE RE[MBURSED FOR LOSSES. . Where the treasurer of any town, statutory city, or city of the founh class shall reimburse the town or city for loss of funds of the town or city on deposit in any deposi- tory Which becomes insolvent such town or city shall reimburse the treasurer for the money so paid when a majority of the electors voting thereon at the annual town meet- ing or at any regular or special city election vote so to do; provided, that the notice of the annual meeting or election shall specify that the matter will be considered thereat. History: (197.3-9) 1931 c 35; 1931 c 279,- 1973 c 123 art S s 7,- 1978 c 747 s 6 118.10 DEPOSITORIES IIVSURED UNDER FEDERAL ACT EXCUSED FROM GIVING SECURITY TO EXTENT OF INSURANCE COVERAGE. No bank or trust company authorized to do a banking business in this state, desig- nated as a depository of state, county, town, school district, hospital district, or county sanitarium commission funds, and cities howsoever organized, as provided by law, the deposits of which bank or trust company are insured in whole or in part under the pro- �-isions of the act of Congress of the United States of June 16, 1933, creating the Federal Deposit Insurance Corporation and the temporary federal deposit insurance fund, shall be required to furnish any corporate or personal surety bond, or deposit any collateral in lieu of bond, to secure such funds, in so far as such funds shall constitute "insured deposit liabilities" of such bank or trust company within the provisions of that act of Congress. Nothing in this section shall be construed to release any bank or trust com- pany from furnishing surety bond or collateral for all deposits in excess of the insurance afforded by the national banking act. I-iistory: (1973-10J Ex1934 c 62 s 1; 1963 c S11 s 2: 1969 c 18 s 2,- 1973 c 123 art SS7 it8.i1 LIMITATION OF DEPOSITS NOT DEPENDENT ON CAPITAL AND SURPLUS; APPLICAT[ON. No designation of a bank, trust company or thrift institution as a depository of statc, county, town, city, school district, hospital district, or county sanitarium commis- sion funds and no deposit of the funds in the designated depository shall be limited by che amount of the capital or surplus of ihe depository, but the authority designating the dcpository may nevertheless fix the limit ofdeposit to be made therein and shall require sccurity therefor as provided by law. T'his section shall apply to all cities, ho�vever organized. E{istory: (1973-12, 13) 193� c 318 s l,?: 1963 c S11 s 3,- 1969 c l�4 s 3: 1973 c IZ3 a�t �s7: 1978c747s7 118.(2 (�IVESTMENT OF TOWN FUNDS_ ti�'hen the town board of any town in this statc, by a unanimous resolution, deern �t ad.•isable, such town board may invcst such amount of funds in such towr. trcasury as ��•ill not, in the opinion of such board, bc nccdcd by such to�vn during thc fiscal ycar, �� a�� of thc bonds of any county, city, town, school district, drainagc or othcr district rrratcd pursuant to !aw forpublic purposcs in Minncsota, lo�va, VVisconsin, and North and South Dakota, or in bonds of thc Unitcd Statcs of Amcrica, or in thc bonds of any cit}•, county, town, school district, drainage or othcr district crcatcd pursuant to law for public purposes in the Unitcd States, containing at icast 3,500 inhabitants, provided 9H 118.12 DEPOSITORIES OF PUBLIC FUNDS a5fi i;� that the total bonded indebtedness of any such municipality or district shall not exceed `; ten percent of its assessed value, if not located in Minnesota, or 2.5 percent of its tax- ! � able market value, if located. in Minnesota. " History: (1973-14) 1937 c 250 s 1: 194� c 77 s 1,- 197� c 123 art S s 7; 1987 c 39b' i; art 7 s 1; 1988 c 719 art S s 84,- 1989 c 329 art 13 s 20; 1990 c 4S0 art 9 s 4 118.13 DEPOSIT OF SECURITIES. Any town board investing such surplus funds in such authorized securities as pro- vided in section 1 18.12 shall deposit such securities for safekeeping tivith the count� treasurer of the county wherein such town is located or with any bank maintaining a safekeeping department_ Such county treasurer or bank shall give a receipi for each and all of such securities to the town board, as the case may be, and such county treasurcr or bank shall keep such securities for safekeeping until such time as such town board shall adopt a resolution requesting the county treasurer or bank to turn such securities or any of them over to the treasurer of such town_ History: (1973-15J l937 c 250 s 2; 1953 c 567 s 1; 1987 c 398 art 7 s 2 118.14 EXCLUSION OF INVESTED FUIVDS FROM BOND COVERAGE. The funds invested in such securities and deposited by the town board as provided in section 118.13, shall noi be included within the amount of money for which the to��n treasurer is required by law to give a bond to the town_ History: (1973-16) 1937 c 250 s 3; 1953 c 567 s 2; 1987 c 398 art 7 s 3 118.15 [Repealed, 1967 c 479 s 1,2] 118.16 FAILURE TO PAY SALES AND USE TAXES. Notwithstanding any law or rute to the contrary, no banking or thrift institution shall act as a depository for any public funds if the banking or thrift institution does not pay sales and use taxes pursuant to chapter 297A to the state of Minnesota. History: 1969 c 303 s 1; 1978 c 747 s 8,- 1985 c 248 s 70 118.17 [Repealed, 1978 c 747 s 9] 91 459 119.01 119.02 119.03 M1� �R [R [ R� 119.04 BO� Subdivi� Subd. 2. Subd. 3. " Subd. 4. ; poration are ;: (1) anyt '' charged or ai (2) the c with the offei (3) any � History: �. .119.05 [R� r` �119.06 [Rc "' 119.07 (Rc "" 119.08 [Rf '`- 119.09 [Rc :: �� ,, '�. ` � .�� < ,: :��• 475.65 PURLIC INDEBTEUNESS �qqb funds pledgcd for thc paymenl of the.obligations and interest thercon. Whcn the obliga- tions are payable wholly frorri the income from a utility or other project, for the acquisi- tion or betterment of wf�ich the obligations are issued, the proceeds may be used in part to establish a reserve as further security for the payment of such principal and interest when due_ If the contemplated use be afterward abandoned, or if any balance of the pro- ceeds of the obligations remains after the use is accomplished, or if the governing body determines that at Ieast 85 percent of the cost of the use has been paid or finaliy deter- mined and retains in the fund an amount sufficient to pay the estimated costs of com- pletion, the remainder of the fund may be devoted to any other public use authorized by law, and approvcd by resolution adopted or vote taken in the manner required to authorize bonds for such new use and purpose. Any balance remaining after the improvement has been completed and paid for, unless devoted to a new use as herein authorized, shall become a part of the debt service fund of the municipality. History: (1944) RL s 786; l949 c 682 s I5; 1967 c 481 s 4,- 1969 c 183 s 1,- 1976 c 324 s 12, 26; 1983 c 365 s 3 475.66 DEBT SERVICE FUniD. Subdivision 1. All debt service funds shali be deposited and secured as provided ! in chapter 118, except for amounts invested as authorized in this section, and may be '• deposited in interest-bearing accounts, and such deposits may be evidenced by certifi- ! cates of deposit with fixed maturities. Sufficient cash for payment of principal, interest, �� and redemption premiums when due with respect to the obligations for which any debt ;; service fund is created shail be provided by crediting to the fund the collections of tax, � special assessment, or other revenues appropriated for that purpose, and depositing all j such receipts in a depository bank or banks duly qualified according to law or investing � and reinvesting such receipts in securities authorized in this section. Time deposits shall be withdrawable and certificates of deposit and investments shall mature and shall bear interest payable at times and in amounts which, in the judgment of the governing boay or its treasurer or other officer or committee to which it has delegated investment �; decisions, will provide cash at the times and in the amounts required for the purposes of the debt service fund, provided however, that the governing body may auihorize the I' purchase of longer term investments subject to an agreement to repurchase such invest- ments at times and prices sufficient to yield the amounts estimated to be so required. � Repurchase agreements may be entered into with � (1) a bank qualified as depository of money held in the debt service fund; I (2) any national or state bank in the United States which is a member of the federal I reserve system and whose combined capital and surplus equals or exceeds $10,000,000; (3) a primary reporting dealer in United States government securities to the fed- eral reser've bank of New York; or (4) a securities broker-dealer having its principal executive office in Minnesota, licensed pursuant to chapter 80A, or an afiiliate of it, regulated by the securities and exchange commission and maintaining a combined capital and surplus of $40,000,000 or more, exctusive of subordinated debt. Subd. 2. Investments may be hcld in safekeepirtg with (1) any federal reserve bank; (2) any bank authorized under the laws of the United States or any state to exercise corporate trust powers, including but not limited to the bank from which the invest- ' ment is purchased; (3) a primary reporting dealer in United States government securities to the fed- � eral reserve bank of New York; or (4) a securities broker-dealer described in subdivision l; provided that the municipality's ownersfiip of all securities in which the fund is invested is evidenced by written acknowledgments identifying the securities by the names of the issuers, maturity dates, interest rates, and serial numbers or other distin- guishing marks. 9J �. �- i447 Subd_ 3. : obligations pa (a) in go� direct obligati its instrument of deposit sec (b) in sh: ment Compa� Act of 1933, a ing clause, (ii: bond rating s� fully collater� chase agreem� to the Federa mercial bank (c) in an any of its mu� with taxing p a general obli of a housing or (5) a genec sota other th ments under national bon that are rate� (d) in b� eral Reserve (e) in cc subsidiaries (� in gu mercial bank nies or thei� contracts ra� guarantor ar, senior unsec of credit of t gations �vou Poor's Corp rating agenc term senior credit of th� be rated in c Moody's [n in the case issuer or gu guarantor i' in the high Investors S The fu: of an issue � as shall be an issue pri such invest money so r fund was c Subd. 1447 PUBI.IC INbN:61'F:bNFSS 475.66 Subd. 3. Subject to thc provisions of any resolutions or othcr instrumcnts sccuring obligations payable from a debt service fund, any balance in the fund may be invested (a) in govcrnmental bonds, notcs, b►1ts, moRgages, and other securities, which are direct obligations or arc guarantecd or insurcd issucs of thc United States, its agcncies, its instrumentalities, or organizations created by an act of Congress, or in certificates of deposit secured by letters of credit issued by fcderal home loan banks, (b) in shares of an investment company (1) registered under the Federal Invest- ment Company Act of 1940, �vhose shares are registercd under the Federal Securities Act of ( 933, and (2) whose only investments are in (i) securitics described in the preced- ing clause, (ii) general obtigation tax-exempt securities rated A or better by a national bond rating service, and (iii) repurchase agrcements or reverse repurchase agreements ful(y collateralized by those securities, if the repurchasc agreements or reverse repur- chase agreements are entered into only with those primary reporting dealcrs that report to the Federal Reserve Bank of New York and with the 1001argest United States com- mercial banks, (c) in any security which is (1) a general obligation of the state of Minnesota or any of its municipalities, or (2) a general obligation of another state or local government with taxing powers which is rated A or better by a national bond rating service, or (3) a generai obligation of the Minnesota housing finance agency, or (4) a general obligation of a housing finance agency of any state if it includes a mora( obligation of the state, or (5) a general or revenue obligaiion of any agency or authority of the state of Minne- sota other than a general obligation of the Minnesota housing finance agency. Invest- ments under clauses (3) and (4) must be in obligations that are rated A or better by a national bond rating service and investments under clause (5) must be in obligations that are rated AA or better by a national bond rating sen�ice, (d) in bankers accep[ances of United States banks eligible for purchase by the Fed- eral Reserve System, (e) in commercial paper issued by United States corporations or their Canadian subsidiaries that is of the highest quality and matures in 270 days or less; or . (� in guaranteed investment contracts issued or guaranteed by United States com- mercial banks or domestic branches of foreign banks or United States insurance compa- nies or their Canadian or United States subsidiaries; provided that the investment contracts rank on a parity with the senior unsecured debt obligations of the issuer or guarantor and, (1) in the case of long-term investment contracts, either (i) the long-term senior unsecured debt of the issuer or guarantor is rated, or obligations backed by letters of credit of the issuer or guarantor if forming the primary basis of a rating of such obli- gations would be rated, in the highest or next highest rating category of Standard & Poor's Corporation, Moody's Investors Service, Inc., or a similar nationally recognized rating agency, or (ii) if the issuer is a bank with headquarters in Minnesota, the long- term senior unsecured debt of the issuer is rated, or obligations backed by letlers of credit of the issuer if forming the primary basis of a rating of such obiigations wou(d be rated in one of the thrce highest rating categories of Standard & Poor's Corporation, Moody's Im�estors Service, [ne., or similar nationally recognized rating agenc}�, or (2) in the case of short-term investment contracts, thc short-term unsccured debt oC the issuer or guarantor is ratcd, or obligations backed by Ietters of credit of thc issuer or guarantor if forming thc primary basis or a rating of such obligations would bc ratcd, in the highest iwo rating catego:-ies of Standard and ('oor's Corporation, i�toody's In��cstors Servicc, [nc., or similar nationally rccognizcd rat[z�g agcncy. Thc fund may also bc uscd to purchasc any obligation. �vhcthcr gcncrai or spccial, of an issuc which is payaUlc t�rom thc fund, at such pricc, �ti�hich ma� inciude a prcmium, as shall bc agrccd to by thc holdcr, or may bc uscd to rcdccm any obligation of such an issue prior to maturity in accordancc with its tcrms. �I�hc sccuritics rcprescnting any such invcstmcnt may bc sold or hypothcca[cd l�y thc municipality at any time, but thc money so reccived remains a part of the fund until uscd for thc ��urpose for which thc fund was creatcd_ Subd. 4. Any obligation held in the debt scrvice fund from which it is payable may 475.66 YUBLIC INDERTEDNESS 1448 be canceled at any time unless otherwise provided in a resolution or other instrument sccuring obligations payable from thc fund. History: (1938-1 I) 1927 c 131 s 9; 1949 c 68Z s/6; / 951 c 422 s 7,- 1955 c l79 s 2: 1961 c 96 s!; 1965 c 300 s l; !97/ c 504 s I: 1974 c 25 s l; 1974 c 380 s l l: 1976 c 3?4 s 13, 26: 1977 c 117 s 1, 2: 19s3 c 54 s I; / 985 c I S7 s 2; 1985 c 239 s 3.4; 198d c 473 s 12,13; 1987 c 344 s 32: 1988 c 702 s 11; J990 c 429 s 8,- 1991 c 342 s i8: 1992 c 545 art 2s7 47�.67 REFUNDING BONDS AND OTHER OBLIGATIONS; VALIDITY; PRO- cEODUE. Subdivision l: No purchaser or owner of bonds or other obligations issued by a municipal�t} for the.purpose of refunding its outstanding obligations or floating indebt- edness need inquire into the validity of the debts refunded by such bonds or other obli- gations. The determination by resolution of the governing body to issue the bonds or other obligations of the municipality for such purpose, as to such purchaser or owner, shall be conclusive evidence of the validity of the debts thereby refunded_ Subd. 2. As between the municipality and the owner or holder of any bond, war- rant, or order so refunded, nothing in this seciion validates any invalid bond, warrant, or order. Subd. 3. (a) Any or all obligations and interest thereon may be refunded if and when and to the extent that for any reason the ta�ces or special assessments, revenues, or other funds appropriated for their payment are not sufficient to pay all principal and interest due or about to become due thereon. (b) Any or all obligations of one or more issues regardless of their source pf pay- ment and interest thereon may be refunded before their due dates, if: (1) consistent with covenants made with the holders th�reof; and (2) determined by the governing body to be necessary or desirable: (i) for the reduction of debt service cost to the municipality; or (ii) for the extension or adjustment of the maturities in relation to the resources available for their payment; or (iii) for the issuance of obligations bearing a fixed rate of interest in the case of obligations bearing interest at a rate varying periodically; or (iv) in the case of obligations payable solely from a special fund, for the more advantageous sale of additional obligations payable from the same fund or to relieve the municipality of restrictions imposed by covenants made with the holders of the obligations to be refunded. (c) The amount of interest which may be refunded from the proceeds of the refunding obligations shall not exceed the amount of proceeds estimated to be required in excess of the principal amount of refunded obligations to retire the refunded obliga- tions in accordance with subdivision 6_ In no event shall the aggregate principal amount of the refunding ob(igations exceed by more than ten percent the aggregate principal amount of the obligations to be refunded_ (d) No general obligations, for which the full faith and credit of the issuer is pledged, shall be issued to refund special obligations previously issued for any purpose, payable solely from a special fund, unless thc issuance is authorized by the election, hearing, petition, resolution, or other procedure that would have been required as a condition precedent to the original issuance of general obligations for the same pur- pose. Subd. 4. Refunding obligations shall not be issued and sold more than six months before the date on which all obligations to be refunded thereby will have matured or have been called for redemption in accordance with their terms, unless the actions and conditions described in the following subdivisions of this section are taken or exist at or before the time when the refunding obligations are delivered to the purchasers. Subd. 5. The proceeds of the refunding obligations, less any accrued interesl or 9L � 1449 premium thereon service savings te: fund established expenses of the re any other funds < escrow with a sui are insured by th� and surpius is nc Subd. 6. Th at the option of required to prov pay when due tt prepayable and < tion, and to pay able and called premium requir bly appropriate . interest on the account in'exce� may be remitte� Subd. 7. P: to be redeemec accordance wit' the refunding c Subd_ 8. S (a) genera'. payments are � agencies of the eral Intermedi: gage Associati< (b) obliga state, which at by Standard ar recognized rat ately prior to Subd. 9. ' tion acting as and securities shall agree to on the securit ing agent for ' due thereon � may be direc� securities of � the times an< when due on investment c currently bci Subd. 1 refunded ob less than 45 in subdivisi� redemption. Subd. � Subd. � W 11 '� FOR CONCURRENCE BY THE CITY COUNCIL �D��EY March 21, 1994 Type of License: � FOOD ESTABLISHMENT Hong Kong Kitchen Karen Kwan 6562 University Ave.N.E. Fridley, MN 55432 McGlynn's Bakery �Julia Peterson 7350 Commerce Ln. N.E. Fridley, MN 55432 The Sunshine Place Rest. Tony Bakhtiari 5201 Central Ave.N.E. Fridley, MN 55421 Target Distribution 1090 �3rd Ave.N.E. Fridley, MN 55432 LIVESTOCK Linda M. Soderholm 533b 5th St.N.E. Fridley, MN 55421 REFUSE HAULER Ace Solid Waste Inc. Dennis Fredrickson 3118 162nd Ln. N.W. Andover, MN 55304 � Hilger Transfer David A. Klatke, Jr. 8550 Zachary Ln. Osseo, MN 55369 Twin City Sanitation, Inc. Same 279 Meadowood Ln. North Oaks, MN 55127 Walter's Rubbish George Walter 2775 101st Ave. N.E. Blaine, MN 55434 PEDDLERS (CHARI7ABLE) Citizens for a Better Environment 3255 Hennepin Ave.So. Mpls. MN 55408 12 Approved By: Steven Barg Community Dev. LICENSES Fees: $45.00 $45.00 $45.00 $45.00 $10.00 E,•� �� $60.00 $60.00 E,.1 11 Exempt FOR CONCURRENCE BY THE CITY COUNCIL GENERAL �ONTRACTOR-INDUSTRIAL Foss Construction 7810 110 St , Cottage Grove MN 55016-4552 Ray Foss GENERAL CONTRACTOR-RESIDENTIAL Enerjac Construction (2473) , 1688 Strawberry Hill Rd Afton MN 55001 Tom Christianson Interior Motives (7093) 7841 Wayzata Blvd St Louis Park MN 55426-1429 Scott Stern Construction (5129) 141 Canabury Ct Little Canada MN 55117 PLUMB�NG Kals Plumbing 7101 W Palmer Lake Dr N Brooklyn Center MN 55429-4204 �i(*N ERECTOR A LaPointe Sign 6600 Oxford St St Louis Fark MN 55426-4410 Donald Herstein Scott Stern Edward Kaliszewski Eci Doucet 12B LICENSES GARY FORD Acting Bldg Ofcl STATE OF MINN Same Same STATE OF MINN GARY FORD Acting Bldg Ofcl i3 �l�bcR7' �. GU"L.° T3cR'�nP,U P- �f'-r�EN R7CH.a.1D � �.fEnRlLi DAASELL A. JE� SEN )Er-�xEY s. )c7x.� so:�i R(.'SSELL H. CRC:`J+'L7EF. �OL: P. EF1CK�0:: LAV'ftcNCE C.. 10N.��SO`: bAV1D :?. COS�I �fHC7MA$1' ?-lnLO'.�E �1iCHAEI F HUt+LEY VT.FG iL C. HE?LR:Ci: HERlirilJ L. TAL LE �;i-;k'( IH (:I_I_ i Barna, Guzy bz. Ste�fen, �,td. ATTORNEY� t1T L..AW 4� Norrhtown Financial Plaza 200 Coon Rapids Boulevard Minneapoli�, MI`T 55�33 {612) 780-&544 FA1C (61?) 780-1777 Writer's Direct Line: (612) 783-5123 Barbara Dacy Coramunity Deve��pment City of Fridley City Hall 6431 University Avenue F�idley, MN 5�432 Dear Barb: Ma�ch 21, I.994 Directar N.E. d � PA}vtfilA NS• HARILIS cf�,iu.es u. sHYKC�ftA ZOILLIAM �I. tiANSE.*] pn,'�2EL 0. GAN7ER, ]R_ EEVERLY K. DOTX;E GREGG V. HERRICK JAMES D. HOEFT )OA.�1.Lf_ QU3AE SCOTT M. l.EPAiC SIEVE_� 1.. tifACK£Y DAVID �f. WE(CEL ELIZABE7H �1. SC:T�UTiL�7G VUILLIAi.S i: tiUE�1JER ROBERT C HYNES t93�1993 Enclosed please f3.nd the Order for Remov�I. I would ask that you review' �his carefully, and also have the building inspe�tor review this to ma�ke sure it is accuraie. A presentation should be made to the City Council at th� c�uxicil meeting so that they can �arm �he conGlusion that this s�ructure is a hazardous building. The statut� defines hazardous building as "any building which becaus� vf inadequate maintertance,.di].apidat�vn, physical damaqe, unsanitary conditian, o�- abandonment, canstitutes a�ire hazardous ar a hazard ta pub7.ic s�fety ar health, r� Given the cond�.tion of the prope�ty, the estzmated aost oi repair, its appraised value, and its nari-conforminq status, I would suggest that we praceed w.ith an orde� requira.ng the razinq of th� building rather than an arder requirinq the repair o� the building. In talking ta Leo�n Madson, he indicates to me that there is also a detached garaqe on the praper�y. You wili note that in the first paragraph of the arder for Removal, Y refer on�y to a one- stax'y framed dw�J.lYng. I€ there is additzanal information which would establish that the garage meets the definition of hazardous bui.lding, p].easE: let me know af this immediately and we wili amend the Order for Rem�val. If �ou have any questions, please Yeel free to contact�m�. Si.ncerely, _ � , � ---� 'Gregg � Herrick vs 3. enclosure An Equal Oppr�rtuni�� Employcr , .-,. _! = 1c • i � �r..-� n-� = -- - - ' Lr r ti ��oLr - s r • . . ORl?ER FOR REMOVAL CITY OF FRTDLEY Resolutian No. In the Ma�ter o� the Hazardous Building (one-story frame dwel�.ing with attached garage and tiwa accessoxy structures) and property 7ocated at S13 �`airmont Street, City of Fridlay, Anoka County, r�linnesota . �:ega�.�.y descr�b�d as: Lots ?1, 12, Block I Riverview Heights, County of Anoka. TO: �M1a�1� N!. CoQper and M�rgaretten & Company Xnc. and Southeast Mortgage Company. 1. puxsuant to Minnesata S�atutes, Secta.on 463.15 to 4&3.61, the Council of the City of Fridley, having duly cansidered the matte�, Einds the aba^sre-described building to be a hazaxdaus bui�ding for the folJ.owzng reasons: a. The roof is Ieaking, i.s deteriaxated and has stru�tural problems as evidenced by significant sagging. b. �`he building l�cks function�.ng plumbi.ng, the fixtures throughout the bui�.ding are braken or missing, the pipes axe broken or disconnected throughout �h� building. The broken and disconnected pipes xesult a.n open sewers, creating health hazards. c. The electrical wiring �.z� i�s entixety violates th� provisi.ons of the applicab].e electrical code. The electrical fixtur�s throughout tihe hr�use are broken. d. The building lacks an�r kind af central heating s�rstem in vialation of the building code_ �_ In se�creral areas the siding on tha building xzeeds to be x�placed due to dilapidation and deterioration. f. The f ront door is missing. g. Most, if not all, of �he windows in }he building are broken. • h. LocatE:d on the property is a steel �oaZ shed wha.ch is approximately 10' X 10'. The �xterior surface is covered with rust is bent, warped and in structurally . � �;�� ' 1 : , , � i :_ �:r;F'I ;H ��i_i�"i' _. -.TEFFtf I�;ER F' . �1 defici.ent. Because of the years o� neglect the shed cannot. be secured. i. Th� property al.so contains a raof which ia supported by four poles. This structure is wrapped in chain link fence rnateriaZ. Trespas�ing children have been known to frequent the structure which cannot be secured. On prior occasions �vidence of firecrackErs have been observed within the structure. The building constitutes an attracti�cre nuisance and poses hazards �o trespassing children., Th� building has be:en baaxded up to prevent trespassers, but such ettort.s have not been successful in sECUring �he building ar preventing �respassers from entering the property. k. The property is open, vacant and unattended causing a fire hazard. j. xhe Cost of repairing the buzlding to a sound, sa£e condition would exceed the economic benetit to the property �s a r�sult af the repairs. 2. The building is a nonconforming structure under Fridley Code Sec�ion 205 . 07. 04 {B) (1) (a) , wha.ch requires a minimum of 1,t?20 square fEet af living area in a one-1eve1, one-family dwelling u.nit . The structure has on1.y 700 square feet o� l.ivi�ng area. Since the building is a noncarr.forming stiruc�ure und�r Fridley Code Section 205.04.03 {3){a), it cannot be upgxaded if the necessary r�pairs exceed 50% or mare of its fair market value af the structur� {Section 205.0�.03 {3)(B)). The cost o� repairs are estimated tc be $ 25,000.0{3 to $ 34.000.00 and the appraised va7ue of the building is $18,500.00. 3. Pursu�nt to the foregoing iindings and in accordance with MinnESOfia Statutes, Sec�iona 4�3.15 to 463.261, the CounciZ hercby orde�s th.e record owners of the above hazardous building, or their represEntati�res, to raze and remove such building within 30 days of the service of this order. The Council further flrd�rs tha� all personal property or fixtures that may unreasonably intertere wi�h the razing and r�moval of the bui�ding shall be r�moved witnin 30 days, and if not so removad by the owner, t2ie C.i�y of �'ridley may' r�move and sEl1 such personal praperty or fixtures at public auction in accordance with law. 4_ The Council further orders that unless such correc�iv`e action ie taken or an ansurer is serv�d upon the City of Fridley and filed in the office of the clerk of Dis�rict Court of Anol�a Couraty, Minnesata, within 2�_days trom the date oF the service of th�s order, a motion for summary enforcement of this arder wi1.1 be m�.cle ta th� District Caurt of Anoka Caunty. -2- f 1� - � ! ' �=+.-1 l c _ _ ��ARf iE;+ �,�J- �., _ -,TEFFEt 1�=EP , .. - F' . �' - 5. The Council further orders that if the City is compelled to take any cor��ecti�re action herein, all necessary costs e.tpended bv the City will be assessed against the real estate cancexned and cc�llected in accordance with r�iinnesota Statutes, Section �E3_22. , 6. The Mayor, Citiy Clerk, City Attorney and other afficers and emp�.oyees of th� City are authorized and directed to take such action, prEp�re, sign and serve such papers as are necessarX �o comply with this order �o assess the costs thereot against the real estat� dest:ribed above for collection along w=th taxes. Adopted b� �he City Council this day ot , 1994. Attested by: �City Clerk -3- William Nee M�yor