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10/14/1996 - 4864c � ' anror FRIDIEY FRIDLEY CITY COIINCIL MEETING ATTENDENCE SHEET Manday, �e.tabe�c 14, 1996 7:30 P.M. PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN PRINT NAME (CLEARLY) ADDRESS � ITEM NUMBER r r� �,�t,�� -� i • C-� ��c v 1� `7'/ 70 �. ' r � ,� /�'/�� `" r� 2 v� v'��, �`� r� �'� •�t� srs�� - z3 . a, .� C�;, ��-� I" �',,� �y�Cc� � � C.�� C� �"!—�i � /'� v= l=r•" /`� �/i�`, ; , . � FRIDLEY CITY COUNCIL MEETING OF t cxm oF OCTOBER 14, 1996 FRIDLEY The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to aliow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE: PROCLAMATION: Manufacturers' Week: October 14 - 9 8, 9 996 APPROVAL OF MINUTES: �ity Council Meeting of September 30, 1996 APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS: Second Reading of an Ordinance Amending Chapter 3 of the Fridley City Charter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.01 - 1.07 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 14, 1996 PAGE 2 APPROVAL OF PROPOSED C NSENT AGENDA• OLD BUSlNESS (CONTINUED� Second Reading of an Ordinance Recodifying the Fridley City Code, Chapter 124, entitled "Noise," by Amending Section 124.07,02, "Public Nuisance Noises Prohibited" NEW BUSINESS: First Reading of an Ordinance Recodifying the Fridley City Code, Chapter 31, Entitled "Pawn Shops," by Amending Section 31.01, "Definitions," Section 31.02, "License Required," and Section 31.12, ................ 2.01 -2.02 "Restricted Transactions" . . . . . . . . . . . . . . . . . . . . . . . . . 3.01 3.05 Receive the Minutes of the Planning Commission Meeting of October 2, - 1996 ................................4.01-4.13 Special Use Permit Request, SP #96-16, by Jugal Agarwal, to Allow Accessory Buildings, Other Than the First Accessory Building, Over 240 Square Feet, Generally Located at 370-372 74th Avenue N.E. (Ward 1) . . . . . . . . . . . . . .................. 5.01 -5.11 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 14,1996 PAGE 3 APPROVAL OF PROPOSED CONSENT AGENDA• NEW BUSINESS (CONTINUED� Establish a Public Hearing for October 28, 1996, to Amend Chapter 205 of the Fridley City Code, Entitled "Zoning" . . . . . . . . . . . . . . . . . . . . . . . . . . 6.01 Establish a Public Hearing for October 28, 1996, to Amend Chapter 211 of the Fridley City Code, Entitled "Subdivision" . . . . . . . . . . . . . . . . . . . . . . . 7.01 - 7.02 First Reading of an Ordinance Approving a Vacation Request, SAV #96-02, by Independent � School District No. 14 (Ward 1): . . . . . . . . . . . . . . . . . . . 8.01 - 8.19 A. To Vacate Streets and Alleys Generally Located North of. 61 st Avenue, East of 7th Street, South of 63rd Avenue, and West Of Jackson Street; B. To Vacate Streets and Alleys Generally Located North of 59th Avenue, East of 7th S#reet, South of 61 st Avenue, and West Of West Moore Lake Drive; and, C. To Vacate Streets and Alleys Generally Located North of 59th Avenue, East of 7th Street, South Of 61 st Avenue, and West of West Moore Lake Drive. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 14, 1996 PAGE 4 APPROVAL OF PROPOSED CONSENT AGENDA• NEW BUSINESS (CONTINUED� Resolution Approving a Plat, P.S. #96-01, Tigerland Park (Independent School District No. 14, Ward 1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9.01 - 9.07 Resolution Electing to Continue Participation in the Local Housing Incentives Account Program Under the Metropolitan Livable Communities Act for Calendar Year 1997 . . . . . . . . . . . . . . . . . . . . . . . 10.01 - 10.09 Approve Agreement Between the City of Fridley and the County of Anoka for Multi-Unit Residential Recycling Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11.01 - 11.09 Approve Agreement Between the City of Fridley and the Center for Energy and Environment, Inc., for Administrative Services (Community Development Block Grant Program) . . . . . . . . . . . . . . . . . . . . . . . . . 12.01 - 12.21 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 14, 1996 PAGE 5 APPROVAL OF PROPOSED CONSENT AGENDA• NEW BUSINESS (CONTINUED� Estabiish a Public Hearing for November 25, 1996, for an Ordinance Amending Section 2.06.01 of the Fridley City Charter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13.01 -13.02 Approve Change Order No. 2 for Stonybrook Creek Bank Stabilization Project No. 246 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14.01 - 14.03 Resolution Revoking and Establishing Municipal State Aid Streets . . . . . . . . . . . . . . . . . . . . . . . 15.01 - 15.02 Resolution Deleting an Authorized Position in the Liquor Stores and Creating Another Authorized Position . . . . . . . . . . . . . . . . 16.01 - 16.02 Resolution Designating the Time and Place for a Special Meeting of the Frid{ey City Council to Canvass General Election Returns . . . . . . . . . . . . . . . . . . . . . . . . . 17.01 - 17.02 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 14, 1996 PAGE 6 APPROVAL OF PROPOSED CONSENT AGENDA• NEW BUSINESS (CONTINUED): r Resolution Designating Time and Number of Council Meetings . . . . . . . . . . . . . . . . . . . . . . 18.01 -18.03 Appointments: City Employees . . . . . . . . . . . . . . . . . . . . . 19.01 Claims ....................................20.01 Licenses ...............................,....21.01-21.05 Estimates .....................................22.01 ADOPTION OF AGENDA: OPEN FORUM, VISITORS: (Consideration of Items not on Agenda - 15 Minutes) FRIDLEY CITY COUNCIL MEETING OF OCTOBER 14, 1996 PAGE 7 PUBLIC HEARINGS: Zoning Text Amendment Request, ZTA #96-01, by Northco Corporation, to Amend the Fridley City Code, Chapter 205, Entitled "Zoning," by Amending Section 205.17.C, "Uses Permitted with a Special Use Permit," by Adding 205.17.C(5), "Daycare Centers," and Renumbering Consecutive Sections; and by Amending Section 205.18.C, "Uses Permitted with a Special Use Permit," by Adding 205.18.C(5), "Daycare Centers," and Renumbering Consecutive Sections . . . . . . . . . . . . . . . . . . ............. 23.01 -23.26 Sale of Excess Property in the Southeast � Corner of the Intersection of 7th Street and 61 st Avenue (Ward 1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.01 - 24.04 NEW BUSINESS: First Reading of an Ordinance Under Section 12.07 of the City Charter to Vacate Streets and Alleys and to Amend Appendix C of the Ciiy Code (Vacation Request, SAV #96-03, by Clayton and Jean Hicks, Generally Located at 106 Hartman Circle N. E. ) (Ward 3) ............................... . . . . 25.01 - 25.05 . . . . FRIDLEY CITY COUNCIL. MEETING OF OCTOBER 14, 1996 PAGE 8 NEW BUSINESS (.CONTiNUED,� informal Status Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26.01 ADJOURN: . � - ,. ' _. . s -- °.�► ' � FRIDLEY CITY COUNCIL MEETING OF OCTOBER 14, 1996 The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or e�nployinent in its services, programs, or activities because of race, color, creed, reli�ion, national origin, sex, disal�ility, age, marital status, sexual orientation or status with regard to public assistance. Upon request, acconimodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing unpaired persons who need an interpreter or ot�er persons with disabilities who require auxiliary aids should contaet Roberta Collins at 572-3500 at least one week in advance. (T"I'Di572-3534) ' NEW BUSINESS LCONTINUED): PLEDGE OF ALLEGIANCE: .` �.��-,,�•-��; ✓� ; //�_� » ��E�� irl PROCLAMATION: Manufacturers' Week: October 14 - 18, 1396 �: �.t-t-x--�.— APPROVAL OF MINUTES: City Council Meeting of September 30, 9996 L �� .,� `° I ��/'�'� APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS: Second Reading of an Ordinance Amending Chapter 3 of the Fridley City Charter . . . . . . . . . . . . . . 1.01 - 1.07 `��t� �..�.�-,� � �'�..� . � ---- • :�' ��.,-�-c -�-�- �� c,.�-.-�� Second Reading of an Ordinance Recodifying the Fridley City Code, Chapter 124, entitled "Noise," by Amending Section 124.07.02, "Public Nuisance Noises Prohibited" . . . . . . . . . . . . . . 2.01 - 2.02 � �� .�, � 1��' -# � �-�-��,�� .,�.�,--Lt � NEW BUSINESS: First Reading of an Ordinance Recodifying the Fridley City Code, Chapter 31, Entitled "Pawn Shops," by Amending Section 31.01, "Definitions," Section 31:02, "License Required," and Section 31.12, "Restricted Trans �ons" . . . . . . `/�-�Z -c__.tC�--v-� % . ��-�.�� / � arr o� FRIDLEY Receive the Minutes of the Planning Commission Meeting of October 2, 1996 ��.�. . � ....... 4.01 -4.13 / �" Special Use Permit Request, SP #96-16, by Jugal Agarwai, to Allow Accessory Buildings, Other Than the First Accessory Building, Over 240 Square Feet, General4y Located at 370-372 74th Avenue N.E. (Ward 1) . . . . . ��,. . 5.01 - 5..11 jz' �,u r`'..`° � � � `1'it`/%� � Establish a Public Hearing for - October 28, 1996; #o Amend Chapter 205 of the Fridley Ciry Code, Entitled "Zoning" . . . . . . . . 6.01 ,,�t T.�� - � �� Establish a Public Hearing for October 28, 1996, to Amend Chapter 211 of the Fridley City Code, Entitled "Subdivision" . . . . 7.01 - 7.02 /� 7 ��-�-'� - �,- _� �z � First Reading of an Ordirance Approving a Vacation Request, ,u.�-,.�_ SAV #96-02, by Independent �� School District No. 14 (Ward 1): . 8.01 - 8.19 A. To Vacate Streets and Alleys Generaily Located North of 61st Avenue, East of 7th Street, South of 63rd Avenue, and West Of Jackson Street; B. To Vacate Streets and Alleys Generally Located North of 59th Avenue, East of 7th Street, South of 61 st Avenue, and West Of West Moore Lake Drive; and, C. To Vacate Streets and Aileys Generaily Located North of 59th 3.01 - 3.05 Avenue, East of 7th Street, South Of 61 st AvenUe, and West of West Moore Lake Drive. ^„ i _, .�. • ��,. 'i. � a APPROVALOFPROPOSED CONSENT AGENDA: NEW BUSINESS LCONTINUEDI: Resolution Approving a Plat, P.S. #96-01, Tigeriand Park (independent School District No. 14, Ward 1) . . . . . . . . . . . . . . 9.01 - 9.07 , l2L.lvL`�.-� .�2- . «./ �`L�,y-,.-.1 � �,�- - �f,,..�.��c-� . ��- � -�'� ��..-� ��-�� '� y��„ ..c.�-�_-- ; , /. Resolution Electing to Continue l�-Q�^'�' Participation in the Local Housing "— Incentives Account Program Under the t�letropolitan Livabie Communities Act for Calendar Year 1997 ..... 10.Q1 - 10.09 G� � �'�1�--�-� �� , Approve Agreement Between the City of Fridley and the County of Anoka for Multi-Unit Residential Recycling Program . . . . . . . . ... . . . . 11.01 - 11.09 ��`�''�J�'.�_�-i-'�'-��— ✓ � Approve Agreement Between the City of Fridley and the Center for Energy and Environment, Inc., for Administrative Services (Communiry Developmeni Block Grant Program) . . . . . . . . . 12.01 - 12.21 �-�--j_/�,,�..�-e---�-�' . /- Establish a Public Hearing for November 25, 1996, for an Ordinance Amending Section 2.06.01 of the Fridley City Charter . . . . . . . . . . . . . . 13.01 - 13.02 �� -� , � ,� �- NEW BUSINESS (CONTINUEDI: Resolution Revoking and Establishing Municipal State Aid Streets ..... 15.01 - 15.02 � n � � 'T�= /�_. �,�.�'� , Resolution Deleting an Authorized Position in the Liquor Stores and Creating Another Authorized Position . . . . . . . . . . . . . . 16.01 - 16.02 � � G�. �.� " ` ��- Resolution Designafing the Time and Place for a Special Meeting of the Fridfey City Council to Canvass General Election Returns . . . . . . 17.�1 - 17,02 ��C..�,z�� '��°— — ; �� - T�-Q-a-- , s,/� z f:—it-- � J""`' �1r Resolution Designating Time and Number of Council Meetings .... 18.01 - 18.03 l. ', �C97 f.�� ' �Ga-._ ; Gc.rs- 1-�-�'-'�.,`s'.� , %"� �s ��-.� �� 3/2 s� �'.�..�-C r� � 3/3i. a�f�,,.� ,�1� ��z� ,��-� �" 9�i Appointments: City Employees . . . 19.01 '� //� ��,��`' `'"� ,i Claims Licenses Estimates lr . �,/�-'`r�-�-�'� . . 20.01 %'� G ,. / /�.``."7j.'`_`.`:�— . 21.01 - 21.05 / G G�� ./ �'�. � l, .............. 22.01 ��,,,,-�� ADOPTtON OF AGENDA: ��,,,,�, S ,— �'� � Approve Change Order No. 2 for �� (� Stonybrook Creek Bank Stabilization o� /�� `�''`�-�.C-ti Project No. 246 . . . . . . . . . . . . . . 14.01 - 14.03 - � l � /"'l'%"�.c... z� .,c.� � / OPEN FORUM. VISITORS: (Consideration of ltems not on Agenda - 9 5 Minutes) ✓ /L..� ,�_..�j� -� 3 -�. • �� . , _ PUBLIC HEARINGS: Zoning Text Amendment Request, ZTA #96-01, by Northco Corporation, to Amend the Fridley City Code, Chapter 205, Entitled "Zoning," by Amending Section 205.17.C, "Uses Permitted with a Special Use Permit," by Adding 205.17.C(5), "Daycare Centers," and Renumbering Consecutive Sections; and by Amending Section 205.18.C, "Uses Permitted with a Special Use Permit," by Adding 205.18.C(5), "Daycare Centers," and Reriumbering Consecutive Sections . . . . . . . . . . . . . . 23.01 = 23.26 � �� - /� � �-h �"' �; � � Sale of Excess Property in the Southeast Corner of the Intersection of 7th Street and 61 st Avenue (Ward 1) . . . . . . . . . . . . 24.01 - 24:04 �-� � - �' �� .� CJ__ �,-� y�.,, �� NEW BUSINESS: First Reading of an Ordinance Under Section 12.07 of the City Charter to Vacate Streets and Alleys and to Amend Appendix C of the City Code (Vacation Request, SAV #96-03, by Clayton and Jean Hicks, Generally �ocated at 106 Hartman Circ{e N.E.) (Ward 3) . . . . . . . . . . . . . . 25.01 - 25.05 �.�,�_< �.� �,,�,� �_ ,.�� . f' Informal Status Reports 26.01 �,�i�-e�,�y..a. �' ��•- . y-� � /�-� �l�_�° � ° c�� / .� �L� �� ,.� �-t-�- ��.-�- �w-- ADJOURN: �,'�.�"� ��f�� ♦ r� c �� MANU�ACfUR�Rs' W��K acfaB�R �a -18, 1996 w'illiam J. Nee Mayor City of Fridley WHEREAS, manufacturing has the largest total payroll of any business sector in Minnesota, providing $14.3 billion in 1994 wages; and, WHEREAS, manufacturing produces $22.9 billion for the state economy and is the largest single share (21 %) of our gross product; and, WHEREAS, manufacturing experts brought nearly $8.2 billion into the Minnesota economy in 1995; and, WHEREAS, manufacturing provides high skill, high wage jobs which significantly contribute io Minnesota's high standard of living and economic vitality; and, WHEREAS, manufacturing contributed nearly $145 million in corporate income taxes in Minnesota, more than arry other business sector, and almost 30 percent of total corporate income taxes; and, WHEREAS, manufacturers located in Fridley serve local, state, national, and international markets, and constitute a significant portion of the tczx base supporting city services; NOW THEREFORE, I, William J. Nee, Mayor of the City of Fridley, do hereby proclaim the week of October 14 - 18, 1996, to be: MaNV�acruRFRS� rv�FK in the City of Fridley in recognition of the contribution of Fridley manufacturers to the social and economic well-being of our community. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the Ciry of Fridley to be affixed this I4th day of October, 1996. WILLIAM J. NEE, MAYOR THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF SEPTEMBER 30, 1996 The Regular Meeting of the Fridley City Council was called to order at 7:30 p.m. by Mayor Pro Tem Jorgenson. PLEDGE OF ALLEGIANCE: Mayor Pro Tem Jorgenson led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: MEMBERS ABSENT: PROCLAMATION: Mayor Pro Tem Jorgenson, Councilman Billings, Councilman Schneider, and Councilwoman Bolkcom Mayor Nee FIRE PREVENTION WEEK: OCTOBER 6-12, 1996: Mayor Pro Tem Jorgenson read this proclamation which was issued to proclaim the week of October 6 through 12, 1996 as Fire Prevention Week. She stated that in conjunction with Fire Prevention Week, the Fire Department will host open houses at each of the three fire stations. Mayor Pro Tem Jorgenson presented this proclamation to Mr. Dick Larson, Deputy Fire Chief. Mr. Larson stated that all displays and demonstrations by each of the City's emergency services will be heTd at Fire Station 1, but the other two satellite stations will also be open. He invited everyone to attend on Saturday, October 5 from 1:00 p.m. to 5:00 p.m. Old Country Buffet and Hardee's are also participating in this event by providing refreshments. APPROVAL OF MINUTES: COUNCIL MEETING, SEPTEMBER 16, 1996: MOTION by Councilman Billings to approve the minutes as presented. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Pro Tem Jorgenson declared the motion carried unanimously. APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: 1. FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 124, ENTITLED "NOISE," BY AMENDING SECTION 124.07.02, "PUBLIC NUISANCE NOISES PROHIBITED:" Mr. Burns, City Manager, stated that this ordinance amendment is in response to complaints about loud car stereos. The amendment would make it illegal to operate a car stereo in a FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 30, 1996 PAGE 2 manner that is audible from a distance of 75 feet or more. This proposal has been reviewed by both the City Prosecuting Attorney and the City Attorney. WAIVED THE READING AND APPROVED THE ORDINANCE ON FIRST READ ING . 2. RESOLUTION NO. 89-1996 DESIGNATING POLLING PLACES AND APPOINTING ELECTION JUDGES FOR THE NOVEMBER 5, 1996, STATEWIDE GENERAL ELECTION: ' Mr. Burns, City Manager, stated that the election judges were chosen from lists provided by the DFL and IR parties. ADOPTED RESOLUTION NO. 89-1996. 3. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING bF SEPTEMBER 18, 1996: RECEIVED THE MINUTES OF THE PLANNING COMMISSION MEETING OF SEPTEMBER 18, 1996. 4. ESTABLISH A PUBLIC HEARING FOR OCTOBER 14, 1996, FOR A ZONING TEXT AMENDMENT REQUEST, ZTA #96-01, BY NORTHCO CORPORATION, TO AMEND THE FRIDLEY CITY CODE, CHAPTER 205, ENTITLED "ZONING," BY AMENDING SECTION 205.17.C, "USES PERMITTED WITH A SPECIAL USE PERMIT," BY ADDING 205.17.C{5), "CONlT�RCIAL DAYCARES," AND RENUMBERING CONSECUTIVE SECTIONS; AND BY AMENDING SECTI.ON 2D5.18.C, "USES PERMITTED WITH A SPECIAL USE PERMIT," BY ADDING 205.18.C(5), "COI�SERCIAL DAYCARES," AND RENUMBERiNG CONSECUTIVE SECTIONS; Mr. Burns, City Manager, stated it is requested that Council set a public hearing for this zoning text amendment that would permit commercial daycare centers in industrial areas subject to certain conditions. SET THE PUBLIC HEARING ON ZONING TEXT 1�MENDMENT REQUEST, ZTA #96-01, FOR OCTOBER 14, 1996. 5. ESTABLISH A PUBLIC HEARING FOR OCTOBER 14, 1996, FOR THE SAI,E OF EXCESS PROPERTY LOCATED AT 7TH STREET AND 61ST AVENUE: Mr. Burns, City Manager, stated it is requested that Council set a public hearing for the sale of excess property that is the site of the Comznunity Education Center and Fridley High School. This land swap between the City and School District No. 14 is to make land ownership of the two jurisdictions conform to land use. SET THE PUBLIC HEARING FOR THE SALE OF EXCESS PROPERTY AT 7TH STREET AND 61ST AVENUE FOR OCTOBER 14, 1996. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 30, 1996 PAGE 3 6. ESTABLISH A PUBLIC HEARING FOR OCTOBER 28, 1996, ON A PROPOSED FAIR HOUSING ORDINANCE: Mr. Burns, City Manager, stated that this ordinance is required by the settlement agreement with the Sylvan Oaks Tenant's Association. The ordinance has been reviewed by the HRA and will be reviewed by the Human Resources and Planning Commi s s ions . SET THE PUBLIC HEARING ON A PROPOSED FAIR HOUSING ORDINANCE FOR OCTOBER 28, 1996. 7. RECEIVE THE 1997 BUDGET FOR THE NORTH METRO CONVENTION AND VISITORS BUREAU: Mr.�Burns, City Manager, stated that this budget for the North Metro Convention and Visitors Bureau is presented to Council in accordance with a five-city agreement. The budget provides for 1997 expenditures of $575,708. Expenditures are funded almost entirely from local lodging taxes. No action is required by Councii other than to receive the document. RECEIVED THE 1997 BUDGET FOR THE NORTH METRO CONVENTION AND VISITORS BUREAU. 8. RECEIVE THE RECOMNIENDATIONS FROM SPRINGSTED INCORPORATED REGAFtDING THE SALE OF $2, 935, 000 GENERAI� OBLIGATION BONDS, SERIES 1996A: Mr. Burns, City Manager, stated that the sale of these bonds will fund street, water, and storm water improvements. The issue includes funding of an accumulated number of projects in order to enhance the marketability of the issues. The bids for these bonds would be received on October 28, and payments on the bonds will be made through the year 2012. The bonds will be repaid primarily from special assessment revenues and storm water/water utility revenues. THIS ITEM WAS REMOVED FR�! THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 9. RESOLUTION INITIATING THE PROCESS FOR THE SALE OF THE CITY'S $2,935,000 GENERAL OBLIGATION BONDS, SERIES 1996A: Mr. Burns, City Manager, stated that this resolution initiates the process for the sale of these general obligation bonds in the amount of $2,935,000. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 30, 1996 PAGE 4 10. APPROVE CONTRIBUTION TO SOUTHERN ANOKA COUNTY COMMUNITY CONSORTIUM: Mr. Burns, City Manager, stated that the consortium consists of Fridley, Columbia Heights, the Fridley and Columbia Heights School Districts, and the City of Hilltop. Both Fridley and Columbia Heights are being asked to contribute $2,750 while Anoka County will contribute $5,000. The Southern Anoka County Community Consortium provides leadership for the cores values program, Values First. The consortium is a vehicle for the jurisdictions of southern Anoka County to work together to identify projects that serve to stabilize and improve the health of the three communities. Staff recommends that Council approval the $2,750 contribution. APPROVED A CONTRIBUTION OF $2,750 TO THE SOUTHERN ANOKA COUNTY COMMUNITY CONSORTIUM. 11. CLAIMS: AUTHORIZED PAYMENT OF CLAIM NOS. 70106 THROUGH 70416. 12. LICENSES: APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE IN THE LICENSE CLERK'S OFFICE. 13. ESTIMATES: APPROVED THE ESTIMATES AS FOLIAWS: Thomas & Sons Construction, Ine. 13925 Northdale Blvd. Rogers, MN 55374 1996 Street Improvement Project No. ST. 1996 - 1& 2 Estimate No. 2 . . . . . . . . . . . . . . . $ 58, 075.40 W.B. Miller, Inc. 6701 Norris Lake Road N.W. Elk River, MN 55330 Street Improvement Project No. ST. 96-4 Mississippi Street/Third Street Intersection Estimate No. 2 . . . . . . . . . . . . . . . $121,953.32 Shield Construction Co. 13604 Ferris Avenue Apple Valley, MN 55124 Stonybrook Creek Bank Stabilization Project No. 246 Estimate No. 7 . . . . . . . . . . . . . . . $ 32, 247.89 FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 30, 1996 PAGE 5 No persons in the audience spoke regarding the proposed consent agenda. Councilman Schneider requested that Items 8 and 9 be removed from the consent agenda. MOTION by Councilman Schneider to approve the consent agenda items with the exception of Items 8 and 9. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Pro Tem Jorgenson declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilman Schneider to adopt the agenda with the addition of Items 8 and 9 from the consent agenda. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Pro Tem Jorgenson declared the motion carried unanimously. OPEN FORUM, VISITORS: There was no response from the audience under this item. of business. PUBLIC HEARING: 14. PUBLIC HEARING ON VACATION REQUEST, SAV #96-03, BY CLAYTON AND JEAN HICKS, TO VACATE TWO FIVE-FOOT DRAINAGE AND UTILITY . EASEMENTS DEDICATED IN THE PLAT OF SANDHURST ADDITTON, GENERALLY LOCATED AT 106 HARTMAN CIRCLE N.E. {WARD 3): MOTION by Councilwoman Bolkcom to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Pro Tem Jorgenson declared the motion carried unanimously and the public hearing opened at 7:45 p.m. Mr. Hickok, Planning Coordinator, stated that this vacation request is for property on Hartman Circle. The petitioner requests that two five-foot drainage and utility easements lying adjacent to and north of the south line of Lot 2, Block 1, Sandhurst Addition and lying adjacent to and south of the north property line of Lot 3, Block 1, Sandhurst Addition be vacated. The dwelling on this parcel was constructed over the utility easement. Mr. Hickok stated that the Public Works Engineering Division has reviewed the request and indicated that only the east 93.11 feet of the easements should be vacated due to the location of overhead power lines within the westerly portion of the easements. This would vacate the portion under the dwelling unit. Mr. Hickok stated that staff recommended to the Planning Commission that vacating only the east 93.11 feet of the easements with the stipulation that the petitioner shall grant the City a ten-foot drainage and utility easement along the north lot line of the property. The Planning Commission voted unanimously to recommend FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 30, I996 PAGE 6 approval of this vacation without the stipulation. After further analysis by staff, the best alternative would be to require a five- foot utility easement along the north property line. Mr. Hickok stated that the petitioner believes, because of site constraints, that it would be difficult to dedicate any easement along the lot lines. The easements that exist in the area are along the lot lines. If, in the future, the City would need any underground utilities the easement would be needed. There are few opportunities to link utilities across the mid-section of Hartman Circle. Mr. Flora, Public Works Director, stated that the City always requires a five-foot easement along the property lines for drainage. Mr. Hicks, the petitioner, st�ted that he was satisfied with the Plannzng Commission's recommendation for vacation, but he is not in agreement with dedicating a five-foot easement. He would like to do some improvements, and he did not feel the easement was feasible. He questioned why an easement was needed now when the dwelling has been there for 35 years. Mr. Hicks stated that he cannot see why he should lose property, as there is access from all other directions. Mr, Flora stated that the easement does not mean he would lose the property. Mr. Hicks would have the use of the property, but an option would be left open for the City in case they needed to install any pipe for drainage and/or utilities. Mr. Hicks stated that he still could not see why the easement was necessary. Mr. Gabriel Giancola, former owner of the property at 109 Hartman Circle, stated that he is in agreement with Mr. Hicks. When the building permit was taken out for this dwelling, the problem with the easements should have been resolved at that time, as the existing easements go through the center of Mr. Hicks' home. There is an easement of the west side of Hartman Circle, and the City has full access to Mr. Hicks' lot. There is an easement coming from the east to the west and from the north to the south. It does not seem feasible that the City needs this five-foot easement when there is full accessibility to that area of Hartman Circle. Mr. Giancola stated that the Planning Commission questioned the need for the easement and recommended approval of the vacation without the provision for a five-foot easement. He supported Mr. Hicks' request and urged Council to follow the Planning Commission's recommendation. Mr. Burns, City Manager, asked if Mr. Hicks could construct an accessory building in the side or rear yard. Mr. Hickok stated that this would be possible, as the setbacks for a side yard are three feet and five feet for the rear yard. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 30, 1996 PAGE 7 Mr. Burns stated that if the five foot easement is required, the City would only be encroaching one foot into Mr. Hicks' buildable space. Councilwoman Bolkcom stated that the City has access on the north, south, east, and west without requiring the five foot easement. Mr. Flora stated that his concern is the drainage. He did not understand how this home could have been built and the easement not recorded. MOTION by Councilwoman Bolkcom to close the public hearing. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Pro Tem Jorgenson declared the motion carried unanimously and the public hearing:closed at 8:14 p.m. 8. RECEIVE THE RECOMMENDATIONS FROM SPRINGSTED INCORPORATED. REGARDING THE 5ALE OF $2,935,000 GENERAI, OBLIGATION BONDS, SERIES 1996A: Councilman Schneider stated that general obligation bonds require the full faith and credit of the City. He asked how these bonds would be funded. Mr. Pribyl, Finance Director, stated that internal funds would be used temporarily to fund these projects through special assessments and utility fees but not through increased taxes. The three components of this bond issue include water, storm water, and street improvements. MOTION by Councilman Schneider to receive the recommendations from Springsted Incorporated regarding the sale of $2,935,000 general obligation bonds, series 1996A. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Pro Tem Jorgenson declared the motion carried unanimously. 9. RESOLUTION NO. 90-1996 INITIATING THE PROCESS FOR THE SALE OF THE CITY'S $2,935,000 GENERAL OBLIGATION BONDS, SERIES 1996A: Councilman Schneider asked if this was a good time to issue the bonds in regard to the interest rates. Mr. Al Erickson, representing Springsted Incorporated stated that it was difficult to predict the interest rates. The Federal Reserve Board did not raise interest rates at their meeting last week, and they will not meet again for at least six weeks. He felt this was a good time to issue the bonds. MOTION by Councilman Schneider to adopt Resolution No. 90-1996. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Pro Tem Jorgenson declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 30, 1996 PAGE 8 OLD BUSINESS: 15. SPECIAL USE PERMIT REQUEST, SP #96-15, BY VETsMART, TO ALLOW A VETERINA.RY FACILITY IN CONJUNCTION WITH A PETsNlART RETAIL STORE, GENERALLY LOCATED AT 5660 MAIN STREET N.E. (WARD 3) (TABLED SEPTEMBER 16, 1996): Mayor Pro Tem Jorgenson removed this item from the table. Mr. Hickok, Planning Coordinator, stated that this item was tabled due to Council's concern about traffic related to this VetsMart facility within the PetsMart store. �-ldditional information was needed regarding the Home Depot/PetsMart traffic study and specific generation potential of the VetsMart opera�ion. Mr. Hickok stated that the 57th Avenue traffic study has been completed by BRW, Inc. and distributed to Council for review. As the study relates to this special use permit request, PetsMart averages 394 customer trips per day with seventeen of those being VetsMart patrons. That equals about two cars per hour. The addition of the Ve�sMart facility within the PetsMart store does not contribute additional traffic to this development. MOTION by Councilwoman Bolkcom ta grant Special Use Permit Request, SP #96-15, with the following stipulations: (1) all windows in the area of the building housing animals shall be double glazed with a fixed sash; (2) any ventilation systems shall be designed so that no odors t�r organisms will spread between wards or to tlie outside air; (3) there shall be no outside pens or holding areas; and (4) the petitioner shall submit documentation verifying that all veterinarians are licensed as required by the State. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Pro Tem Jorgenson declared the motion carried unanimously. 16. APPROVE INSTALLATiON OF PERSONAL COMMUNICATION SERVICES ANTENNAE AND EQUIPMENT AT 7504 ALDEN WAY N.E. (ST. PAUL UTILITY SURGE SITE); REQUESTED BY SBA, REPRESENTING SPRINT SPECTRUM (TABLED SEPTEMBER 16, 1996): Mayor Pro Tem Jorgenson removed this item from the table. Mr. Hickok, Planning Coordinator, stated this is a request by SBA, represen�ing Sprint Spectrum, to install eight, ten foot personal communication services antennae and equipment at 7504 Alden Way. The antennae, attached to buildings, are considered an accessory use. These antennae would be mounted on the 90 foot surge tower of the St. Paul Water Utility and a 25 foot by 30 foot area at the base of the tower would be included to house transformer equipment for control of the antennae. Mr. Hickok stated that staff received four calls regarding this request. Concerns were related to a number of items including interference, visibility, aesthetics, and health risks. FRIDLEY CITY COUNCIL N�ETING OF SEPTEMBER 30, 1996 PAGE 9 Councilwoman Bolkcom questioned what the City can or cannot do legally since there are Federal regulations relating to this issue. Mr. Knaak, City Attorney, stated that this is an area of Federal regulation and the FCC regulations supersede local regulations. It is clear that the City cannot prohibit these antennae from being placed within their jurisdiction, but what is not clear is the degree that the City can regulate their placement. Mr. Hickok stated that in regard to the question regarding the health risk, Sprint has submitted a reply. Their letter states that a public standard was set by the American National Standards Institute (ANSI) in 1992 and adopted by the FCC as the national standard. This standard requires that the radio frequency for all personal communication services (PCS) facilities operate at a safety threshold that is fifty times below the level that the scientific community believes may pose a health risk to people. At a typical PCS facility operating at full power, the maximum public exposure, is 1,000 times lower than the ANSI standard. By design and operation, all Sprint PCS antenna facilities are low-power devices. Councilman Schneider asked if transformers or transmission equipment would be located in the auxiliary building. Mr. Hickok stated that transmission equipment would be located in this structure. Mr. Tom Poulos, Area Vice President and General Manager for Sprint Spectrum, stated that the antennas are for low power wireless communications that are an enhancement to cellular. Sprint Spectrum will be offering this new wireless product in a digital format throughout the country and will not only allow voice communication, but video communication. It is very low power, lower than cellular phones. At the transmitter site it is 110 voltage or 10-100 watts. Councilwoman Bolkcom stated that Ms. Johnson, who had several concerns, was not able to attend this evening. She feit that Council needed some further discussion at a conference meeting. She asked if Ms. Johnson had been contacted regarding her concerns. Mr. Poulos stated that Ms. Johnson has been sent a copy of the letter that Council received related to her concerns. He attempted to contact Ms. Johnson several times and also left messages. He would continue to invite open discussion. He recognizes that their obligation as a good corporate citizen is to address these issues. Councilwoman Bolkcom asked if there were any other sites that Ms. Johnson could visit. Mr. Poulos stated that they are in the process of building over 200 of these sites. It was important to not only show the other sites but to specifically address the site in question. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 30, 1996 PAGE 10 Councilwoman Bolkcom �elt that there should be a meeting with Ms. Johnson to discuss this issue with her. Mr. Poulos stated that this could be done; however, he would like Council's action this evening in order to proceed with their plans for the building. It would be extremely difficult working with metal and attaching the antennae in the winter months. Councilman Billings asked where the antennae were to be mounted. Ms. Knapp, representing SBA, stated that the antennae would be five feet above the top of the structure. MOTION by Councilwoman Bolkcom to receive the letter from Mr. Tom Poulos of Sprint Spectrum dated September 26, 1996. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Pro Tem Jorgenson declared the motion carried unanimously. Ms. Judy Beine, 180 Talmadge Way, asked about noise, fencing, screening, and maintenance on this site. Ms. Knapp stated that the compound area will be fenced and screened. For security, there would be a chain link fence approximately six feet high with barbed wire on top. Councilwoman Bolkcom asked how the fence would be maintained and how often the units were checked. Mr. Dave Fisher, representing Sprint Spectrum, stated that any repairs can be made by computer, and maintenance people may�check on the power once a month. When construction is completed routine maintenance would be done several times a year. As far as noise, it is not very loud. A person in the audience was concerned about maintenance since there is a bike path. The person said that this is a nice site except for the rusted tower, Mr. Poulos stated that he assumes the St. Paul Waterworks would agree. They would be happy to maintain any landscaping improvements within reason. Mayor Pro Tem Jorgenson asked what the City could do legally if this became a nuisance. Mr. Knaak stated that this would be no different than any other property in the City. The nuisance ordinances would apply in this case also. Mr. Fisher stated that the communications with St. Paul Waterworks proposes up to twelve antennae. There would be three sectors with four antennae per sector. They would begin with two antennae per sector and then in the future may add two antennae per sector. FRIDLEY CITY CO'UNCIL MEETING OF SEPTEMBER 30, 1996 PAiGE il MOTION by Councilwoman Bolkcom to approve the installation of personal communication services antennae and equipment at 750� Alden Way {St. Paul Utility surge site). Further, request that staff work with Sprint on a landscaping plan within reason and contact Ms. Johnson to set up a meeting with Sprint. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Pro Tem Jorgenson declared the motion carried unanimously. Councilwoman Bolkcom requested that she be notified when this meeting will be held. 17. FIRST READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA, BY MAKING A CHANGE IN ZONING DISTRICTS (REZONING REQUEST, ZOA #95-02, BY CP RAIL, GENERALLY LOCATED AT 73RD AND UNIVERSiTY AVENUES) (WARD: 1) (TABLED JUNE 25, 1995) : Mr. Hickok, Planning Coordinator, stated that this is a request for a rezoning at 73rd and University Avenues . CP Rail has requested the rezoning from M-2 to C-2 for this parcel. The property, while zoned M-2, was designed as commercial on the City's Comprehensive Plan. This parcel is one .of nineteen loop-back parcels in the City, thirteen of which are zoned C-2. Mr. Hickok stated the Planning Commission unanimously voted to recommend approval of this rezoning. Staff recommends first reading of this ordinance to rezone the property from M-2 to C-2. Councilman Billings stated that this parcel was originally considered as a possible site for a municipal liquor store. In discussions by the Planning Commission, the rezoning was based on the land use issues and the fact that there are no other loop-back parcels in the City zoned heavy industrial. Mr. A1 Quam, 399 73rd Avenue, spoke against the rezoning. He felt that if there was a plan for commercially developing this site, it should come back to Council for review and for public input. MOTION by Councilman Billings to waive the reading and approve the ordinance on first readinq. Seconded by Councilwoman Bolkcom. Mayor Pro Tem Jorgenson asked the type of uses that would be permitted in a C-2 zoning district. Mr. Hickok outlined some of these uses and stated that some would require a special use permit. Mayor Pro Tem Jorgenson stated that during the special use permit process neighboring residents would be contacted. Councilman Billings asked the permitted uses in an M-2 zoning district. They were outlined by Mr. Hickok. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, Councilman Billings, Councilwoman Bolkcom, and Mayor Pro Tem Jorgenson voted in favor of the motion. Councilman Schneider voted against the motion. Mayor FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 30, 1996 PAGE 12 Pro Tem Jorgenson declared the MOTION FAILED, since rezoning requests require four affirmative votes. NEW BUSINESS: 18, APPROVE JOINT POWERS AGREEMENT BETWEEN THE CITY OF FRIDLEY AND THE COUNTY OF ANOKA FOR OSBORNE ROAD IMPROVEMENT PROJECT N0. ST. 1994-5: Mr. Flora, Public Works Director, stated that a neighborhood meetinq was held. Bus stops in this area were identified, and sidewalks are proposed for the south side of Osborne Road. Councilman Schneider stated that there are persons who oppose the sidewalks, as there are presently no sidewalks to the east in Mounds View. Mr. Flora stated that Ramsey County's road does connect, but most likely, sidewalks would not be installed until a later date when Highway 10 is connected to the Highway 610 system. � Councilman Schneider stated that the only children that walk on the street are those of families who are opposing the sidewalk. If, at a future date, the City wanted to install a sidewalk, it could be done when Mounds View installs their sidewalk. Ms. Vivian Blaido, 1400 Osborne Road, stated that the bus stops in front of her home, and the children living on Osborne Road are picked up in front of their homes. She felt that a sidewalk was not needed, and she did not want it. Ms. Laurie Hanlish, 1682 Osborne Road, felt that the sidewalk could be installed when Mounds View installs their sidewalk. As far as safety, the sidewalk would be inviting people to walk down the street in front of-their homes. The City would not remove snow from the sidewalk, and some residents felt that they should not have to plow a sidewalk they did not want. She questioned who was responsible if someone was injured on the sidewalk in front of her home. Mr. Knaak, City Attorney, stated that whether or not the City maintains the sidewalk is a litigated issue. At times it would be the City's responsibility, but the City. tends to impose an obligation by ordinance that it is a joint responsibility. In case of a lawsuit, probably both the City and homeowner would be sued. Ms. Hanlish submitted a petition of fifteen persons who were against the sidewalk on Osborne Road. MOTION by Councilman Schneider to receive Petition No. 10-1996. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Pro Tem Jorgenson declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 30, 1996 PAGE 13 Ms. Hanlish stated that if the sidewalk was instialled, not even taking into consideration the loss of trees, it would be 18 feet from her front step. She believes this invites people to walk down the street in front of her home. Mr. Ed Blaido, 1400 Osborne Road, felt that there would be a safety issue with the snow. With a sidewalk, the pitch for plowing would be changed, resulting in more snow being stacked and making the visibility less for persons backing out of their driveways onto Osborne Road. Mayor Pro Tem Jorgenson asked if this incurs any legal liability for the City for anyone being injured while walking on the road if the sidewalk was not installed. Mr. Knaak stated that it does not incur any legal liability, and the City's position in that respect is very strong. Mr. Huynes, 1424 Osborne Road, felt that it was important to satisfy the residents who live on Osborne Road. They do not want a sidewalk. MOTION by Councilman Schneider to authorize the Mayor and City Manager to enter into the joint powers agreement with Anoka County for the reconstruction of County Road No. 108 between County State Aid Highway No. 35 (Old Central Avenue) and the East County Line, with the deletion of the sidewalk construction along the south side of Osborne Road or, more specifically, the deletion of Item III,. B-2 and Item III, B-7. Seconded by Councilwoman Bolkcom. Mr. Burns, City Manager, stated that he wanted to make sure that Council understands that the drainage is a Phase I project related to the Phase II project for next year along Old Central Avenue. Mr. Flora stated that there is an agreement between Spring Lake Park and Fridley for a certain flow which runs from that neighborhood south to Norton Creek and then into Rice Creek. The City does not yet know the costs, but the flow will be reduced in the current system by taking out the Spring Lake Park water. A pipe will be placed from Osborne Road and parallel Old Central Avenue south into Rice Creek. Councilman Schneider questioned if the City should proceed with this project before there is additional information on Phase Ii. Mr. Flora stated that the original project was from 69th Avenue north to Highway 10. The phase now being done is one part of Osborne Road and Old Central Avenue north. Mayor Pro Tem Jorgenson stated that the improvement is needed on Osborne Road, as the residents have a lake every spring in front of their homes. Councilman Billings stated that he was fully aware of the other phase, as the City reviewed the ten-year projects for the County. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 30, 1996 PAGE 14 This was a project two years ago, and the City requested the sidewalk be added. Councilman Schneider asked if this creates a problem for the residents on Osborne Road if the City did not proceed with Phase II. Mr. Flora stated that as far as the problems, if the pipe is not installed down Central Avenue, there will be water on Osborne Road. In the worst scenario, it probably will not be any worse than it has been in the past because Osborne Road will have curb and gutter, and the water may be in the road for a short term duration. Councilwoman Bolkcom asked why only part of the improvement was being done at this time. Mr. Flora stated it was because the funding was not available. MOTION by Councilman Billings to amend the cost figures for Item III, C and D to reflect the deletions in this joint powers agreement.. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Pro Tem Jorgenson declared the motion carried unanimously. UPON A VOICE VOTE T.AKEN ON THE MAIN MOTION, all voted aye, and Mayor Pro Tem Jorgenson declared the motion carried unanzmously. 19. APPROVE SITE LEASE AGREEMENT BETWEEN THE CITY OF FRIDLEY AND APT MINNEAPOLIS, INC., ALLOWING THE PLACEMENT OF ANTENNAE FOR DIGITAL PERSONAL COMMUNICATION SYSTEMS AND EQUIPMENT ON THE WATER TOWER LOCATED AT 6950 HIGHWAY 65 N.E. (WARD 1): Mr. Hunt, Assistant to the City Manager, stated that this is a site lease agreement with American Portable Telecom (APT) to allow them to place three sets of three antennae for digital personal communication systems on the water tower at 6950 Highway 65. This agreement is the result of four months of negotiations. A model site lease agreement developed by the League of Minnesota Cities was used as a basis with some minor changes. Councilman Schneider asked if these were the sam� as cellular telephone antennae. Mr. Jeff Peterson, representing APT, stated that was correct, and the maximum power of the antennae is 500 watts. MOTION by Councilman Schneider to authorize the Mayor and City Manager to enter into the site lease agreement with American Portable Telecom (APTj. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Pro Tem Jorgenson declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 30, 1996 PAGE 15 20. INFORMAL STATUS REPORTS: Mr. Burns, City Manager, stated that there are two items to be discussed informally after this meeting. One is funcling for the proposed Community Education Center improvements, and the other is the 57th Avenue traffic improvements. ADJOURNMENT: MOTION by Councilman Schneider to adjourn the meeting. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Pro Tem Jorgenson declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of September 30, 1996 adjourned at 10:02 p.m. Respectfully submitted, Carole Haddad Nancy J. Jorgenson Secretary to the City Council Mayor Pro Tem C I T Y O F F R I D L E Y M E M O R A N D U M TO: WILLIAM W. BIIRN3, CITY MANAGER�,��'" FROM: WILLIAM A. CHAMPA, CITY CHARTER STAFF LIAISON SUBJECT: AMENDMENTS TO CHAPTER 3 OF THE FRIDLEY CITY CHARTER DATE: OCTOBER 10, 1996 Following passage on first reading on July 22, 1996, it is in order to schedule the second reading of an ordinance amending Chapter 3 of the Fridley City Charter for the Council meeting of October 14, 1996. According to Minnesota Statutes 410.12, Subd. 7 the ordinance "shall be adopted by the council by an affirmative vote of all its members after 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." S have attached a copy of the proposed changes which attempt to accomplish the following: 3.01.01. Clarifies the first meeting of the year, subsequent regular meetings and defines a"regular" meeting. 3.01.02. Addresses special meetings called by Council and the method of notifying members. The method of notifying members takes into account technology changes and using mediums such as voice and electronic data to communicate. This section also requires formal minutes to be recorded at all special meetings. 3.01.03. This new language addresses conference meetings and specifies that no formal action may be taken at such a meeting. 3.01.04. Specifies the public nature of ineetings held by Council as well as the meeting minutes. 3.02. Clarifies the role of the Council Secretary. 3.03. A slight shift in the order of the title to reflect that quorum, then procedure are addressed. Except for the purpose of canvassing an election, defines a quorum to be three members, which is required to do business. To canvass an election, a majority of seated councilmembers constitute a quorum. Also, one vote per councilmember is placed here (moved from Section 3.01). 1.01 Page 2-- City Charter, Chapter 3 Amendments 3.04. Unless provided elsewhere in the Charter, requires three affirmative votes for an ordinance to pass and a majority of councilmembers present at the meeting for a resolution or motion to pass. 3.05. Changes language slightly. Language changes do not alter the meaning of this section. 3.06.01. Specifies that three members of Council are required to pass an emergency ordinance. Removes language dealing with prosecution for violating an emergency ordinance and places it in Section 3.06.02. 3.06.02. Clarifies conditions under which prosecution for violating an emergency ordinance can occur. 3.06.03. Maintains existing language but creates a subsection for easier reading. 3.07.01. Maintains exact language. 3.07.02. Addresses the publication of ordinances and clarifies that the public must be informed of the intent and effect. Reduces from four to three the number of affirmative votes to have published a title and summary of an ordinance. Excessive language removed, which does not affect the substance of this section. 3.07.03. Maintains exact language. 3.07.04. Maintains exact language. 3.07.05. Removes excessive language, which does not affect the substance of this section. Reduces the requirement from three copies to one copy when language is adopted by reference in an ordinance. 3.08. Changes language s2ightZy. Language changes do not alter the meaning of this section. 3.09. Changes language slightly. Language changes do not alter the meaning of this section. 3.10. Clarifies procedure and time frame for codifying ordinances. Removes obsolete language and changes some other language without altering the meaning of this section. Allows for technology changes by providing the option of storing ordinances electronically on the computer. Attachments 1.�2 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 3 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 3 PROCEDURE OF COUNCIL Section 3.01. COUNCIL MEETINGS. l. The Council shall hold the first regular meeting of the year on or before the ninth day of January. At this meeting any newly elected members of the Council shall assume their duties. Thereafter, the Council shall hold regular meetings at a fixed time at least once each month as prescribed by resolution. A regular meeting is one that is scheduled by resolution, at which formal action is taken, and for which minutes are recorded. 2. A special meeting of the Council may be called as needed by the Mayor or any two (2) Councilmembers upon compliance with the notification requirements in Minnesota statutes and upon at least twelve (12) hours' notice to each member of the Council. Such notice must be communicated personally to each member or to a person of suitable age and discretion residing at the member's usual place of residence, or notice of the meeting must be transmitted to the member's residence. The presence of any member of the Council at a special meeting shall constitute a waiver of any formal notice unless the member appears for the purpose of objecting to the holding of the meeting. Formal action is taken at a special meeting, and minutes are recorded. 3. From time to time the Council may hold conference meetings at which matters are discussed but no formal action is taken. 4. All meetings of the Council shall be public unless otherwise specified by law. Any person shall have access to any Council meeting minutes or records at all reasonable times unless access is restricted by state or federal law. (Ref. Special Election 4/12/60, Ord. 857) 1.03 Page 2 -- Ordinance No. Section 3.02. SECRETARY OF COUNCIL. The Council shall choose a Secretary to serve at its meetings. The Secretary shall prepare the journal of minutes of proceedings. The Secretary shall also prepare other records and perform other duties as may be required by this Charter or by vote of the Council. The Council may designate any official or employee of the City, except the City Manager or a member of the Council, to act as Secretary of the Council. Section 3.03. RULES OF QUORUM AND PROCEDURE. A majority of seated Councilmembers constitute a quorum for purposes of canvassing an election. For all other purposes three Councilmembers constitute a quorum to do business, but a lesser number may adjourn from time to time. The Mayor and other members of the Council each have one vote. The Council shall determine its own rules and order of business and shall keep a j ournal of its proceedings. Section 3.04. ORDINANCES, RESOLUTIONS AND MOTIONS. Except as otherwise provided in this Charter, all legislation shall be by ordinance. Every ordinance and resolution shall be presented in writing and read in full at a Council meeting. Al1 administrative business may be transacted by ordina�y motion. Upon the vote on ordinances, motions, and resolutions the ayes and noes shall be recorded unless the vote is declared unanimous. An afiirmative vote of at least three (3) members of the Council is required for the passage of all ordinances, except as otherwise provided in this Charter. Resolutions and motions require a majority vote of the Councilmembers in attendance at the meeting, except as otherwise provided in this Charter. Section 3.05. PROCEDURE ON ORDINANCES. The enacting clause of all ordinances passed by the Council shall be in the words, "The City of Fridley does ordain." Every ordinance other than emergency ordinances shall have two (2) public readings in full with at least seven (7) days between the first reading and the second reading. Any legislation prescribing a penalty for its violation shall be enacted in the form of an ordinance. Section 3.06. EMERGENCY ORDINANCES. 1. An emergency ordinance is an ordinance necessary for the immediate preservation of the public peace, health, morals, safety or welfare in which the emergency is defined and declared, and which is passed by a vote of at ieast three (3) members of the Council, as recorded by ayes and noes. 1.04 Page 3 -- Ordinance No. 2. No person(s), firm or corporation charged with violation of the emergency ordinance shall be prosecuted unless: a) the person(s), firm or corporation has had notice of the passage of the ordinance; or b) the ordinance has been filed with the City Clerk, posted in three conspicuous places in the City, and twenty-four (24) hours after the filing and posting have elapsed; or c) the ordinance has been published. 3. No grant of any franchise shall ever be made by an emergency ordinance. Section 3.07. SIGNING, PUBLICATION AND RETENTION OF ORDINANCES, RESOLUTIONS AND MOTIONS. 1. Every ordinanee passed by the Council shall be signed by the Mayor, or by three (3) other members of the Council, and attested by the City Clerk, published and recorded. 2. Every ordinance shall be published at least once in the official newspaper of the City. If the publication of the title and a summary description of an ordinance clearly informs the public of its intents and effect, the Council may by three (3) affirmative votes of its members direct the City Manager to publish only the title of the ordinance together with a summary, with an added notice that a printed copy of the ordinance is available for inspection by any person during regular office hours at the office of the City Clerk and at any other location designated by the Council. Prior to the publication of the title and summary, the Council shall approve a text of the summary that clearly informs the public of the intent and effect of the ordinance. The publishing of the title and summary shall be deemed to fulfill all legal requirements. 3. Every ordinance shall be recorded in its entirety by the City Clerk in a book kept for that purpose, within twenty (20) days after publication of the ordinance or of its title and summary. Proof of the publication shall be attached to and filed with the ordinance. 4. All resolutions and motions duly passed at each meeting of the Council may, at the discretion of the Council, be published in full or in part in the official newspaper of the City. In the case of partial publication, it shall be indicated in what respect they are incomplete. 1.05 Page 4 -- Ordinance No. 5. Any administrative rule or regulation of any department of the State of Minnesota affecting the City or any statute of the State of Minnesota, or any published code, specifications or regulations prepared by an arganization for general circulation and use may be adopted and incorporated in an ordinance by reference and by marking a copy o� it as "official copy" and filing it for reference and inspection in the office of the City Clerk. The publication requirements of this Charter shall be as fully satisfied by this method as if the material had been set forth in the ordinance in full. (Ref. Ord. 767, Ord. 780) Section 3.08. WHEN ORDINANCES AND RESOLUTIONS TAKE EFFECT. Emergency ordinances, except as provided in Section 3.06 of this Chapter, and ordinances making the annual tax levy, disbursing money, determining the annual budget and providing for local improvements and assessments take effect immediately upon their passage. Every other ordinance enacted by the Council takes effect fifteen (15) days after the date of its publication, unless a later effective date is fixed in it. A resolution takes effect upon its passage. Section 3.09. AMENDMENT AND REPEAL OF ORDINANCES. No ordinance or section of an ordinance shall°be amended or repealed except by ordinance. Every repealing ordinance shall refer to the ordinance repealed by title, date of passage and section number or numbers. No ordinance or section of an ordinance shall be amended by reference to its title alone. The amending ordinance shall set forth in full each section or subsection as amended. This requirement shall not apply to amendments to zoning ordinances. Section 3.10. CODIFICATION OF ORDINANCES. The ordinances of the City shall, at intervals of not more than five (5) years, be rearranged and codified with such additions and deletions as may be deemed necessary by the Council. The codification shall be published in boak or continuously revised loose-leaf form or stored by electronic means such as a computer. Copies of the Code of City Ordinances or any portion of it shall be made available by the Council at th� office of the City Cierk for general distribution to the public at a reasonable charge. Each copy shall contain a printed certificate attested to by the City Clerk, that the publication is correct, and each copy so published shall be received in evidence in all courts for the purpose of providing the ordinances contained in it, the same as if the original ordinances were produced in court. 1.06 Page 5 -- Ordinance No. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1996. ATTEST: WILLIAM J. NEE - MAYOR WILLIAM A. CHAMPA - CITY CLERK Public Hearing: July 22, 1996 First Reading: August 26, 1996 Second Reading: Publication: 1.07 //;�`t'°; ,^�.\Q �/, \��\\ �j ':�j ;r�0�� t.'ti.[1,r,;� ": .�..�� Fridley Police Department Memorandum To: William Burns, City Manager ��`� From: Lt. Herb Zimmerman Date: October 11, 1996 Re: Recodifying Chapter 124, Noise Attached is a copy of the proposed recodification of Chapter 124, Noise. On September 30"', 1996 the City Council passed the first reading on the consent agenda. The police department submits the attached for the second reading at the October 14`�, 1996 Council meeting. We would recommend placement on the consent agenda, with your approval. Police department staff recommend approval, as written. I am available for any questions or concerns. 2.0 i ORDINANCE N0. AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 124, ENTITLED ^NOI5E^, BY AMI:NDING SECTION 124.07.02, "PUBLIC NiJISANCE NOISES PROHIBITED" - The Council �f the City of Fridley does hereby ordain as follows: 124. NOISE 124.07. PUBLIC NUISANCE NOISES PROHIBITED 2. Radios, or Other Sound Amplification Devices. A. No person shall use, operate, or permit the use or operation of any radio receiving set, musical instrument, phonograph, paging system, machine or other device for the production or reproduction of sound in a distinctly and loudly audible manner as to disturb the peace, quiet and comfort of any persons nearby. B. No person may operate or park, stop or leave standing a motor vehicle while using a radio or other electronic sound amplification device emitting sound from or around the vehicle that is audible from a distance of 75 or more feet, unless the electronic sound amplification device is being used to request assistance or warn against an unsafe condition. This subsection does not apply to any of the following: 1. Operators of emergency vehicles when responding to an emergency. 2. Operators of public utility vehicles. " 3. Operators of vehicles lawfully being used for advertising purposes. 4. Operators of vehicles that are being used in a licensed or permitted event or celebration, procession or assemblage. 5. The activation of a theft alarm signal device. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1996. WILLIAM J. NEE - MAYOR ATTEST: WILLIAM A. CHAMPA - CITY CLERK First Reading: September 30, 1996 Second Reading: Publication: 2.02 �j'.'; �iR. a� �;�.. �\\ - ,,�� : �� , .'1;�� „�::'��a�< ..�r'�'�� Fridiey Police Department Memorandum �� To: Wiliiam W. Bums �'� From: Dave Sailman �`� �� Date: October 4, 1996 Re: Pawn Shop Ordinance City Prosecutor Carl Newquist has requested that we make a slight change in wording to Ordinance #31 entitled "Pawn Shops". The change is requested after a recent court case in which he was successful in obtaining a guilty verdict but the issue of definition of the licensee was raised. This should be a non controversial change and is probably appropriate for the Consent Agenda at the October 14�', meeting. Staff recommends approval. 3.01 ii�; ,ri t' ;:�� 1 � 1 � 1 %/��\\ % �-�\\� , � � ' ,,� ,;��. ,,.z�✓ ��' ..� 1• •� •��• i "� TO: Director David Sallman FROM: Investigator Robert Rewitzer RE: Amendments needed to City Code Chapter 31 entitled "Pawn Shops" City Prosecutor Carl Newquist has noted an ambiguity in the current Pawn Shops ordinance and has recommended some minor changes to forestall potential problems in prosecuting violations. Prosecutor Newquist correctly points out that criminal statutes and ordinances are required to be strictly construed and ambiguous or abstruse language is interpreted against the legislating authority in favor of the defendant in prosecution. The issue recently arose over a charge levied against an employee of a pawn shop and whether the employee was subject to prosecution under the ordinance. ' The changes recommended include: • Adding the language "corporation, partnership, or business association" after "person" in the definitions of licensee and pawnbroker and the requirement for a license to engage in business. Currently in Fridley, the two operating pawnshops are licensed either to partnerships or corporations rather than to a single individual person. • Adding the language "nor any agent or employee of a licensee" after "No licensee" in the section covering restricted transactions. In addition, a minor wording change is made in the section regulating hours of operation for readability. I have prepared an amendment for City Council consideration, attached. 3.02 ORDINANCE NO. AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 31, ENTITLED "PAWN SHOPS", BY AMENDING SECTION 31.01, "DEFI1vITIONS", SECTION 31.02, "LICENSE REQUIRED", AND SECTION 32.12, "RESTRICTED TRANSACTIONS" The Council of the City of Fridley does hereby ordain as follows: 31. PAWN SHOPS 31.01 DEFINITIONS The following words and terms when used in this Chapter shall have the following meanings: 1. Licensee. The person�corporation, partnershin or association to whom a license is issued under this Chapter including any agents or employees of the person, corporation, partnership, or association. 2. Minor. Any natural person under the age of eighteen (18) years. 3. Pawnbroker. A person, corporation, partnership, or association who loans money on deposit or pledge of personal property or other valuable things or who deals in the purchasing of personal property or other valuable things on condition of selling the same back again at a stipulated price or who loans money secured by security interest on personal property or any part thereof. This Chapter does not apply to a person, corporation, partnership, or association doing business under and as pernutted by any law of this State or of the United Sta.tes relating to banks, building and loan associations, savings and loan associations, trust companies or credit unions. 4. Public Safety Director. The Public Safety Director of the City of Fridley or the Director's designee. 3.03 Page 2 ORDINANCE NO. 5. City. The City of Fridley, Minnesota, a municipal corporation. 31.02. LICENSE REQUIRED. No person, corporation, partnershin or association shall exercise, carry on or be engaged in the trade or business of pawnbroker without first obtaining a license from the City as provided in this Chapter. 31.12. RESTRICTED TRANSACTIONS. 1. No licensee nor anv a�ent or employee of a licensee shall e€��s�ess purchase, accept, or receive any article of property from anv nerson on any day of the week before 7:00 a.m. or after 10:00 p.m. 2. No licensee nor anv a�ent or employee of a licensee shall purchase, accept, or receive any article of properiy from any minor or from any person of unsound mind or from an intoxicated person. 3. No licensee nor anv a�ent or employee of a licensee shall purchase, accept, or receive any article of properry which contains an altered or obliterated serial number or an article of property whose serial number has been removed. 4. No licensee nor anv a�ent or employee of a licensee shall purchase, accept, or receive any article of property knowing, or having reason to know, that the article of property is encumbered by a security interest. For the purpose of this section "security interest" means an interest in property which secures payment or other performance of an obligation. 5. No licensee nor anv a�ent or employee of a licensee shall purchase, accept, or receive any article of property, from any person, knowing, or having reason to know, that said person is not the true and correct owner of the property. 6. No licensee nor anv a�ent or employee of a licensee shall purchase, accept, or receive any article of property, from any person, wi#hout first ha�ing examined a valid photo driver's license or valid photo identification card issued by the state of residency of the person. 3.04 Page 3 ORDINANCE NO. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1996. ATTEST: WILLIAM A. CHAMPA - CITY CLERK First Reading: Second Reading: Publication: WILLIAM J. NEE - MAYOR 3.05 CITY OF FRIDLSY PLANNING COMMI88ION 1�EETING, OCTOBER 2, 1996 CALL TO ORDER• Vice-Chairperson Kondrick called the October 2, 1996, Planning Commission meeting to order at 7:33 p.m. ROLL CALL: Members Present: Members Absent: Dave Kondrick, LeRoy Oquist, Dean Saba, Brad Sielaff, Connie Modig, Larry Kuechle Diane Savage Others Present: Michele McPherson, Planning Assistant Jugal Agarwal, 370 - 74th Avenue N.E. Cindy Schreiner, 7372 Symphony Street N.E. Bill & Suzanne Holm, 7424 Melody Drive N.E. APPROVAL OF SEPTEMBER 18 1996 PLANNING COMMISSION MINUTES: MOTION by Mr. Sielaff, seconded by Mr. Oquist, to approve the September 18, 1996, Planning Commission minutes as written. OPON A VOICE VOTE, ALL VOTING AYE, VICB-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRITsD IINANIMOOSLY. 1. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT SP #96-16, BY JUGAL AGARWAL: Per Section 205.08.O1.C.(1) of the Fridley City Code, to allow accessory buildings, other than the first accessory building, over 240 square feet, on Lot 3, Block 5, Melody Manor, generally located at 370-372 - 74th Avenue N.E. MOTION by Mr. Oquist, seconded by Mr. Saba, to open the public hearing. IIPON A VOICE VOTS, ALL VOTING AYE, VICE-CHAIRPSRSON RONDRICR DECLARED THE MOTION CARRIED ANQ THE PQBLIC HEARZNG OPLN AT 7:35 P.M. Ms. McPherson stated the special use permit request is located at 370-372 - 74th Avenue, which is located north of 73rd Avenue and east of University Avenue in the Melody Manor neighborhood. The request is for a second accessory structure over 240 square feet. Located on the subject parcel is a duplex constructed in 1964. There is a first accessory structure in the southeast corner of the property constructed in 1978. That accessory structure measures 22 feet x 24 feet. The petitioner is proposing to construct a second accessory structure in the southwest corner of the property measuring 16 feet x 20 feet. The property is zoned 4.01 PLANNING COMMIS$ION MEETING, SEPTEMBER 5, 1995 PAGE 2 R-2, Two Family Dwelling. The surrounding parcels are also zoned R-2 as well as the parcels across the street. To the rear or south of the subject parcel, the parcels are zoned R-1, Single Family. Ms. McPherson stated, typically, when staff reviews these types of requests, staff Iooks at several standard stipulations including requiring installation of a hard surface driveway, permitting no home occupations within the accessory structure, and requiring architectural compatibility with the dwelling unit. The first accessory structure has a hard surface driveway from the street to the structure itself. On the west side where the proposed structure is to be located, there is a partial hard surface driveway to the side door entry. It allows for parking of two vehicles on the site; however, that driveway would need to be extended should the special use permit be approved. Ms. McPherson stated, in reviewing the file and in speaking with a neighbor within the notification radius, it was noted that the property has a history of code enforcement problems, specifically improper storage complaints as recently as July 1996. The code enforcement officer has been working with the property owner to rectify those situations. From the documentation in the address file, it appeared that the situation had been rectified. It should also be noted that the fire department indicated that a fire occurred recently which was caused by juveniles starting fire to dry leaves which were located behind the existing garage. In addition to the typical stipulations indicated earlier, staff has also stipulated that proper storage of materials shall take place in compliance with code. Ms. McPherson stated the additional structure on the site will not increase the lot coverage over the 30% as permitted in the R- 2 district. Staff recommends approval of the request to allow construction of the second accessory structure with the following stipulations: 1. The petitioner shall provide a hard surface driveway by November 1, 1997. 2. The accessory structure shall not be used for a home occupation. 3. The structure shall be architecturally compatible with the existing dwelling. 4. Vehicles, refuse and other materials shall be stored in compliance with the City Code. 4.02 PLANNING COMMISSION MBBTINa. 88PTBMB$� 5, 1995 PAQ$ 3 Mr. Sielaff asked how many compliance code violations there had been for this property. Ms. McPherson stated she did not have that information. It appeared that there was at least one complaint per year or one every two years. Mr. Sielaff asked if the violations were different or the same. Ms. McPherson stated the property is a rental property so, as tenants change, different conditions would occur. One year it �ight be improper storaqe of vehicles, the next year it might be improper storage of refuse. Ms. Modig asked if the owner lives on the property. Ms. McPherson stated she did not think so. Mr. Kondr�ck asked if the violations addressed might be alleviated by constructing this accessory structure. Ms. McPherson stated she believed the structure would provide the location for storage of a vehicle, children's toys, garbage cans or bags of refuse. We have similar code enforcement difficulties all over the community whether it be single family property or rental property. Mr. Oquist stated the structure would be a garage for the second unit of the duplex. Ms. McPherson stated this was correct. Mr. Oquist asked if there was a variance needed for the driveway. Ms. McPherson stated no variance would be needed. The structure and driveway as proposed meet the requirements. Mr. Kondrick asked if staff had received comments from the neighbors. Ms. McPherson stated she had received a call from a neighbor who voiced an objection. Mr. Hickok also received a call. This neighbor did not voice an objection, but voiced their concern about the storage issues. Ms. Modig asked if it was possible in situations such at this where the owner does not live on the property to have a stipulation that would provide an incentive for the owners to enforce the rules, such as a deposit. Is there a way to assure that some of this will not occur in the future? 4.03 PLANNING COMMISSION MEETING, SEPTBMHER 5, 1995 PAGE 4 Ms. McPherson stated there is nothing in the City Code which would allow the City to regulate or require a rental owner to establish an escrow account. If we continue to receive complaints, the code enforcement officer would receive those complaints, monitor the situation, and work with the property owner to resolve the issue. The City cannot dictate to the property owner the amount of a damage deposit. Mr. Saba asked if most of the violations were from the renters themselves. Ms. McPherson stated, from reading the file, the violations were junk vehicles, inoperable vehicles, vehicles not parked on a hard surface, the occasional bags of refuse, etc. it appeared that once the letters were sent the situation was rectified quickly. It seemed that the problem cropped up when tenants changed. Through an education process of the tenant, the standards were then realized. Mr. Saba asked if the complaints were typical of the area or does this particular property stand out. Ms. McPherson stated she did not examine the address files of the two adjacent properties. The City does have some perennial code enforcement issues that occur on single family owrier-occupied properties as well. Just because it is a rental property does not make it worse than a single family home-owner violation. If the Planning Commission chooses, the request could be tabled in order for staff to obtain information about the two adjacent properties. Ms. Modig asked if the City ever levied a fine for properties who have continual code enforcement violations or is this particular property having a problem because there are over-vigilant neighbors. Ms. McPherson stated typically the way the code enforcement process works is that the code enforcement officer receives a complaint or observes a violation, a notice is sent and the property owner is given 14 days to correct the problem. If the problem is corrected, the matter is dropped until the next observation or next complaint. If the owner fails to rectify the problem in 14 days, a second notice is sent allowing 5 days to comply. If they fail to comply, the City cites the owner. The City does go to court and, if the judge sees fit to agree with the City, the City can levy up to a$700 fine as a misdemeanor violation. Many times the judge will stay a sentence. It depends on the case and the judge. The City has sent people to jail. 4.04 PLANNI�G COMMISSION MESTINa. 8$PT8M88R 5, 1995 PAGB 5 Mr. Saba stated his concern with the special use�permit request is to try to clean up some of these issues. Is there any way to tighten the enforcement as a condition of the special use permit to clean up the property itself and to be sure it stays clean? Ms. McPherson stated she did not know that the City has the purview to require escrow funds. The Planning Commission can on a stipulation that states, if there are any notices of enforcement violations, the property owner comes back before Planning Commission. If the Commission feels strong2y about this, there is the option to deny the request. Mr. Saba stated the petitioner would already have the garage built. We could not ask that the garage be removed. put the Mr. Sielaff stated there is nothing then in the code for repeat violations. Ms. McPherson stated, the way the code is currently written, it requires the City to go to court with the property owner. Mr. Sielaff stated the only way then to provide an incentive to comply with the code is to not approve the special use permit request. Mr. Oquist stated he was not sure that would be an incentive. The petitioner would not then build the garage. The code en€orcement is a separate issue and not related to the request. Mr. Oquist asked why the first stipulation allowed until November, 1997, to install a hard surface driveway. Ms. McPherson stated, typically in the past, staff has given home owners up to one year to put in a hard surface driveway. In some instances the homeowner may be constructing the garage themselves, they may decide to wait for six months, or an unforeseen problem arises that delays installation. If the Planning Commission feels this should be changed, it can recommend something different. Mr. Agarwal stated he was sorry for the enforcement issues. He has other properti�s that do not have problems. He had a renter that was a problem. He has another renter who was a problem who moved out October l. Now he has a good family and he hopes these problems will not happen again. He tries his best, but sometimes he does not really know about some of the problems until he gets a notice. Then he acts quickly. Mr. Agarwal stated he wants to build the qarage. In Minnesota, people want to have a garage. He loses many prospective tenants 4.05 PLANNINQ COMMI88ION MEETING, SEPTEMB$R 5. 1995 PAG$ 6 because he does not have a garage. He thought this would help to keep the property clean. He has no problem with the driveway. He has other properties and does not have the same problems there. His intent is to keep it as good as he can. He wants a garage to attract better tenants and keep the property clean. Mr. Kondrick asked if the petitioner understood the stipulations and if he had any problems with the stipulations. Mr. Agarwal stated he understood the stipulations and that he had no problem with them. Ms. Modig asked the petitioner when this job would be completed. Mr. Agarwal stated he did not have all the proposals from the builder. They cannot lay the floor if it is cold. If he can get the proposals in a short time, he can still build this year. If he cannot, it wiil have to be in the spring. The driveway and garage will be done at the same time. Mr. Sielaff asked the petitioner when he purchased the property. Mr. Agarwal stated he bought the property in 1981. Mr. Sielaff asked if the petitioner educated the tenants on what they should and should not be storing. Mr. Agarwal stated he had problems with one or two tenants. Most problems are from one tenant who left after one year. He also had a tenant before this one with whom he had some problems but he took care of the problems. Ms. Schreiner stated their property is to the south of this property. They have been homeowners there for 25 years. In this time, they have seen the neighborhood decline due to the apartment building and double bungalows. She became well acquainted with the neighbor behind because of violations due to garbage and debris. When they first moved there, the owners lived on the premises and it was kept up. Since that time, it has deteriorated. When the garage was first built in 1987, they were happy to see the garage go up so they did not have to look at the doubie bungalow itself. The type of people that rent the property are not the best of people. Her husband found out about the proposal for another structure and was told that the property could not be rented without an additional garage. In 1987 shortly after the garage was built, we had a dry spring. The leaves from the fall were piled behind the garage. They have a seven-foot privacy fence which shields them from this property. At that time, they made calls asking to have that debris removed. It was never done. Consequently, some kids started a fire which 4.06 FLANNIN� COMMISSION MEETING, SEPTSMBER 5, 1995 PAGE 7 ; burned �heir fence. As homeowners, they were responsible. The fire department was notified, the City was notified, and one month after the fire the debris is still there. The debris consists of mattresses, box springs, broken toys, tree limbs and branches, etc. Another structure is a haven for more debris. Every year there is more debris. It took three calls this spring to have the tree debris removed. Ms. Schreiner stated she would like the Commission to see the property. At this time, there is qarbage uncontained and stored by the house. Five or six years ago, the existing garage was used to repair used cars. At one time, the tenants living there did not have garbage pick up and the garbage piled up. Ms. Schreiner stated, rather than building a garage, she would prefer to see the property fixed up on the inside and make it an attractive property. If you look at the police reports, Melody Manor itself has very few problems with crime, but they will say that the apartment buildings have had numerous calls. She understands the landlord is an absentee landlord. She did not know how much as an owner he can go in and supervise what is going on when the property is rented. She believed the address listed on the sign-in sheet was incorrect. She provided pictures of the property. Ms. Holm stated she lives two to three blocks from this property. She has this past summer and winter started walking 74th Avenue.. It has become quite an eyesore. The aerial photo does not do it any justice. The curbs are down. The gutters are gone. Out of all those properties, this one is probably the premier property of not good. There is garbage in the back. There are garbage containers. There is not even an enclosure for the garbage. Ms. Holm stated, if you look at the density of the rest of the neighborhood and even if you include the apartment buildings, this is nothing like the density you are going to get on this property once you get two double garages. It is a long duplex. There are two duplexes that are approximately the same and in approximately the same condition. She has relatives who live in apartments without garages. That is not the issue. The property does not look inviting. As a homeowner in this area and as the perimeter of the area where she walks, this is the one block which is so different from the properties on 75th. The corner properties on 74th are well kept. The rest are a mini Sheffield. She does not regard this as a tenants problem. You have a situation where the properties on this block are not kept up. There is no incentive for the people on 74th as non-resident owners to do much about it if the City is following through. She thought the City should think about this block that is an eyesore in the neighborhood. The area is described as lovely Melody 4.07 PLANNING COMMISSION MEETING. SEPTRMB$R 5, 1995 PAGE 8 Manor. This block is an abhorration for the rest of the area. She did not think that adding structures would solve the proble�. Another building will be filled with junk and then add to the problem. She thought there has been more than one call. She thought the building next door also has problems. Why reward someone for not maintaining their property by giving them additional structures. It is just another place to store trash. MOTION by Mr. Sielaff, seconded by Ms. Modig, to close the public hearing. IIPON A VOICB VOT$, ALL VOTING AYB, VIC$-CHAIRPER80N RONDRICR DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING CLOSED AT 8:12 P.M. Mr. Saba stated he was concerned that the placement of the garage would create another opportunity for storing garbage behind the structure. With the way the garage is angled, there is an area that cannot be used for anything. That is a prime opportunity to store refuse of various types. He is concerned about the way that is laid out. Mr. Kondrick stated it seems there are two issues. One is the special use permit for a garage. The petitioner's concern is to provide a place to park cars. What one does with�refuse is not what one talks about with such a request. It is important, but not really germane to the issue. It is someone else's responsibility to make sure this does not happen and to have a landlord conform to good practices. The question is whether the special use permit request has anything to do with that item. Ms. Saba stated the City has rental property licenses. In the code, there is specific information about the code and adherence to issues of storage and trash. That enforcement is that the landlord must follow the code or we do not renew the license to continue renting. Has that issue been enforced as a result of enforcement violations? Ms. McPherson stated she would have to look specifically at Chapter 220. The City has refused to issue a rental license for interior situations that create a uninhabitable unit. Whether or not the rental license covers exterior storage or if we left that to other sections of the code, she was not sure. It is rental license renewal time and we could potentially look at some stipulations on the rental license. Mr. Oquist stated he agreed with Mr. Kondrick. These are two different issues. He is sympathetic to the neighbors because he has a similar situation in his neighborhood. He did not know what they could do about it. Even though the code enforcement , � . � officerl;comes, the problems continue. On the other hand, he sees this as'two different issues. He wants to see the driveway put in at the time the garage is built or you will have a bad situation. He thought they could make a recommendation to staff that they look at how to enforce that situation. He thouqht through the rental licensing they should be able to enforce that. He thought they should first deal with the special use permit request and then make a separate recommendation to deal with the refuse issues. Ms. Modig stated she agreed. She thought they had to deal with the refuse issues separately. By not issuing a special use permit, they could be adding to the problem, and they could deal with it in a different way. She also agreed that she would like to see the driveway put in at the time the garage is constructed. Mr. Oquist stated denying or not denying the special use permit request is not going to clean up the area. Mr. Sielaff asked if the rental licensing renewals are being done now or soon. Is this for all rental properties in the City? Ms. McPherson stated the City is in the process now. Usually, this is done during the month of September. She believed the licenses expire on Auqust 31. During September ahd October, licenses are renewed and staff will look at things like proper zoning. Mr. Sielaff asked what would happen if the license is not renewed. Mr. McPherson stated, if the license is revoked, the owner cannot rent the unit. The tenants must vacate the property and the owner would have no income. Ms. Modiq asked if this had happened. Ms. McPherson stated they have had some pretty tough situations where the City has come close to doing this. Mr. Kondrick stated he thought the City should get tougher in this area. Mr. Sielaff asked why such a review should not be done before the permit is approved. Mr. Oquist stated these are two separate issues. Mr. Kondrick stated he agreed that these are two different issues. They cannot tie them together as part of this request. 4.09 PLANNINa COMMISBION MEETING. SBPTEMB$R 5. 1995 PAQ$ 10 The code violations are the responsibility of the code enforcement officer. Mr. Sielaff stated he thought there was the potential for the situation to be worse. In looking at the pictures of the refuse being stored behind the garages, it is out of sight and out of mind for the people who live in the rental unit but not out of sight and out of mind for the other residents. Mr. Kondrick stated he agreed but the situation has nothing to do with the request itself. MOTION by Mr. Oquist, seconded by Ms. Modig, to recoYamend approval of Special Use Permit, #96-16, by Jugal Agarwal, to allow accessory buildings, other than the first accessory building, over 240 square feet, on Lot 3, Block 5, Melody Manor, generaily located at 370-372 - 74th Avenue N.E., with the following stipulations: 1. The petitioner shall provide a hard surface driveway within 30 days of the construction of the garage. 2. The accessory structure shall not be used for a home occupation. 3. The structure shall be architecturally compatible with the existing dwelling. 4. Vehicles, refuse and other materials shall be stored in compliance with the City Code. IIPON A VOICL VOTE, WITH 1rIR. KONDRICK, M8. MODIG, MR. SABA, MR. OQIIIST� AND MR. 1CQBCg7,g pOTING AYE, AND MR. SIELAFF VOTING NAY� VICE-CHAIRPLRSON RONDRICR DECLARED THE MOTION CARRIED BY A MAJORITY VOTE. Ms. McPherson stated the City Council would consider this request on October 14. Mr. Kondrick stated he would like to find a way to force the property owner and the tenants to comply with the ordinance. Mr. Sielaff stated he thought they were talking about a review of the license renewal for all properties in this area. Mr. Saba stated he thought it would be good, before the City Council meeting, to review the problems of code compliance in this area. 4.10 PLANNING COMMISSION MEETING, SEPTEMBBR 5, 1995 PAGS 11 MOTION by Mr. Sielaff, seconded by Mr. Saba, to have staff review the license renewal process and look at the properties in the area of 74th Avenue, review the complaints, and consider that information when considering the rental license renewal; to check to see if it is possible to pull the rental licenses for the properties in this area with a history of code non-compliance; and to do so prior to the City Council meeting of October 14. IIPON A VOICE VOTB, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR D13CLAREb THE MOTION CAR.RIED UNANIMOIISLY. 2. PUBLIC HEARING: CONSIDERATION OF AN AMENDMENT TO THE CITY CODE, CHAPTER 205 ENTITLED "ZONING": ` By adding Section 205.05.02, 'Application Processes", amending Sections 205.05.03, 205.05.04, adding Section 205.05.07, 'Vacations', and renumbering consecutive sections where appropriate. MOTION by Ms. Modig, seconded by Mr. Oquist, to waive the reading of the public hearing notice and to open the public hearing. IIPON A VOICB VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED THI3 MOTION CARRIED AND THE POBLIC HEARING OPEN AT 8:32 P.M. Ms. McPherson stated the State legislature in 1995 adopted what is called Article 18, "Deadline for Agency Action", which requires all agencies who are reviewing land use applications, building permits, wetland replacement plans, septic systems, etc., have 60 days in which to approve these items. If no action is taken within this time, the item is automatically approved. The City of Roseville had this happen to them where a gas station was approved prior to the City Council finally taking action on the request. Staff looked at the land use applications to see what needed to be changed in order to comply with this law. Staff is processing language changes to Chapter 205, Zoning. Ms. McPherson stated the largest impact to the Planning Commission is that the ordinance currently allows 60 days to review. This is being changed to 40 days from the time the City receives an application. Staff has also established a process for vacations which is currently not in the zoning code. Staff is also shortening the process somewhat for plats. They are eliminating the public hearing before the City Council. For rezonings, the City Council still wanted the opportunity to hold a public hearing but staff will now be establishing the dates of the public hearing. The way the process now works is that the Planning Commission will hold a public hearing, at the next City Council meeting the date for the public hearing is established, the City Council holds the public hear�ng and make a decision two 4.11 PLANNING COMMISSION MEETING, SEPTEMBBR 5. 1995 PAGE 12 weeks later. The meeting to establish the public hearing will be eliminated. When the notices for the Planning Commission public hearing go out, the notices will also include the date of City Council public hearings. Mr. Oquist asked why the City Council holds the public hearing one night and votes on another night. Ms. McPherson stated the City Council has always wanted to reserve additional time for research for testimony from the public and to have additional time to make decisions. Through this process, that luxury may in all likelihood be eliminated. The City Council may be required to make a decision on a request the same night of a public hearing, unless they choose to table it. We must be very careful. We are allowed to table requests for an additional 60 days, but we have be careful as to the reasons why the item is being tabled. In terms of the changes to Section 205, it does not affect the way the Planning Commission does business. The language just shortens the time. Mr. Oquist asked if the special use permit heard earlier complies with this 60-day window. Ms. McPherson stated the special use processes have always complied with the 60-day window. Ms. McPherson stated, in addition to the zoning ordinance changes, staff will be making minor changes in the subdivision requirements. Lot splits, instead of being an informal hearing, will actually be a public hearing before the Planning Commission. There will also be some changes in the language for submission requirements for the lot split section. The language is somewhat obsolete and will be made to match other sections. Another change is to require a preliminary plat process and a final plat process, and not mix the two. The City Council will review the preliminary plat and then the applicant can submit a separate application for final plat approval based on approval of the preliminary plat. Ms. McPherson stated the other change is to the Charter. The language in the Charter stated that the City Council by ordinance will approve vacations of streets and alleys. This is in conflict with State Statute which states these vacations are approved by resolution. The City Attorney will meet with the Charter Commission to present this language change to the charter. Ms. McPherson stated staff is trying to comply with the window as established by the legislature, trying to establish policies for processing applications which comply with the window requirement, 4.12 PLANNING COMMISSION MEETING, SEPTEMBER 5, 1995 PAGE 13 and basically not put the City in a situation where an application may be automatically approved without thorough review by the Planning Commission and the City Council. Staff recommends approval of the proposed ordinance changes. Mr. Sielaff stated staff recommends 40 days. If a request goes beyond the 40 days, is it automatically approved? Ms. McPherson stated no. If more time is needed, staff will request in writing an extension which would comply with the extension provisions in the Statute which is 60 days. Realistically, the whole process could take up to 120 days if we ask for and receive an extension. If the petitioner did not agree to an extension, staff would schedule the request for review by the Planning Commission, recommend denial of the request, and send the request to the City Council who could deny the request if the applicant failed to agree to an extension. Ms. McPherson stated, in order to avoid not getting the proper information, staff is reworking the information checklists. Staff will not accept applications that do not include the proper information. MOTION by Mr. Saba, seconded by Ms. Modig, to close the public hearing. IIPON A VOICE VOTF� ALL VOTING AYE� VICE-CHAIRPLRSON RONDRICR DECLARED THE MOTION CARRILD AND THE PIIBLIC HEARING CLOSED AT 8:43 P.M. MOTION by Mr. Saba, seconded by Mr. Sielaff, to recommend to the City Council approval of the changes as proposed. IIPON A VOICL VOTE, ALL VOTING AYL, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED UNANIMOIISLY. ADJOURNMENT MoTION by Ms. Modig, seconded by Mr. Oquist, to adjourn the meeting. OPON A VOICS VOTE, ALL VOTING AYL, VICE-CHAIRPERSON RONDRICR DECLARED THL MOTION CARRIED AND THS OCTOBER 2, 1996, P7�ANNING COMMI88ION MEETING ADJOORNED AT 8:44 P.M. Respectfully submitted, J � / �� -t�'�-`C�'Ll�'� i'" , ;:��.�,/ Lavonn Cooper Recording Secretary 4.13 DESCRIPTION OF REQUEST: The petitioner requests that a special use permit be issued to allow construction of a second accessory structure over 240 square feet. If approved, the petitioner would constnact a 16 ft. by 20 ft. detached garage in the rear yard. SUMMARY OF ISSUES: Section 205.08.01.C.(1) of the Fridley City Code requires the issuance of a special use permit to construct a second garage over 240 square feet. Currently located on the property is a duplex and an existing two-car garage. The proposed garage will not exceed the 30% maximum lot coverage as regulated by the R-2, Two Family Dwe{ling District. The stnacture as proposed does not adversely impact adjacent properties and will not be constn�cted within any easement areas. The property has had a history of code enforcement problems, including improper storage complaints as recently as July 1996. The Planning Commission requested staff to furlfier analyze the code enforcemerrt issues (see attached memo), PLANNING COMMISSION ACTION: The Planning Commission voted 5-1 to recommend approval of the request to the City Council with four stipulations: 1. The petitioner sha11 provide a hard surface driveway at the time of garage construction. 2. The accessory structure shall not be used for a home occupation. 3. The stnacture shal{ be architecturally compatible with the existing dwelling. 4. Vehicles, refuse, and other materials shalf be stored in compliance with the City Code. CITY COUNCIL RECOMMEfdDATfON: Staff recommends that the City Council concur with the Planning Commission action. 5.01 Staff RePort SP #96-16, by Jugal K. Agatvwal Page 2 PROJECT DETAILS Petition For: A special use perrr�it to aliow construction of a second accessory structure over 240 square feet. Location 370-72 74th Av�ue N.E. of Property: Legal Description Lot 3, Block 5, Melody Manor of Property: Size: Topography: Existing Vegetation: Existing Zoning/Platti�g: Availability of Municipai Utilities: Vehicular Access: Pedestrian Access: Engineering issues: Site Planning Issues: 9,784 square feet Fiat Trees, sod R-2, Two Family Dwelling; Melody Manor 1961 Connected 74th Avenue N/A N/A NJA 5.02 Staff Report SP #96-16, by Jugal K. AganNal Page 3 ADJACENT SITES WEST: Zoning: R-2, Tw�o Family Dwelling Land Use: Dup{ex SOUTH: FAST: NORTH: Zoning: l.and Use: Zoning: Land Use: R-1, Singie Family Dwelling Residerrtial R-2, Two Family Dwelling Duplex Zoning: R-2, Two Family Dwelling Land Use: Multi-Family Apartmerrt Comprehensive The zoning and Comprehensive P1an are consistent in this Planning Issues: location. Public Hearing To be taken. Commerrts: DESCRIPTION OF REQUEST The petifioner requests a special use permit to allow the construction of a second accessory structure over 240 square feet. lf approved, the petitioner w�ould constnact a 16 ft. by 20 ft. detached garage in the rear yard. The garage is proposed to be in the southwest comer of the property. Development Site Property Description and History The subject parcel is located on 74th Avenue east of University Avenue. Located on the parcel is a 32' x 50' duplex constn.icted in 1964. Located in the southeast comer of the rear yard is a 22 ft. by 24 ft. detached garage built in 1978. The property is zoned R-2, Two Family Dwelling, as are a majority of the surrounding parcels, with the exception of the parcel to the rear which is zoned R-1, Single Family Dwelling. Analysis The proposed garage will be used to store a vehicle for the second unit. Curren�y vehicles park in the westerly side yarci adjacerrt to tl�e dweAing uni� There are hard 5.03 Staff Report SP #96-16, by Jugal K. Aganrwal Page 4 surface drive�ways on the property. An extension of the westeriy drive will be required to connect with the new structures. Typical stipulations regarding second accessory structures include: 1. Providing hard surface drive�way extension. 2. Requiring the structure to be architecturally compatible with the dwelling. 3. No home occupations shall be conducted with the accessory stnacture. The proposed garage does not increase the lot coverage over the maximum permitted by code w�ich is 30%. The sMacture will not be constructed within the drainage and utility easements adjacent to the west and south lot lines. The distance to the nearest structure to the rear is 80 feet; therefore, there will be little or no impact to the property to the rear. The property has had a history of code enforcement problems. These include improper storage of refuse, inoperable vehicles, lack of refuse containers, improper storage of materials, and tall grass. Improperly stored grass clippings caused a fire behind the existing garage in 1995. STAFF RECOMMENDATION TO THE PLANNING COMMISSION: As the proposed stxucture poses no adverse impact to adjacent properties, Staff recommends that the Pianning Commission recommend approvai of the special use permit request to construct a second accessory structure over 240 square feet with the following stipulations: 1. The petitioner sha!! provide a hard surFace driveway by November 1, 1997. 2. The accessory structure shalt not be used for a home occupation. 3. The structure shall be architecturally compatible with the existing dwelling. 4. Vehicles, refuse, and other materials shall be stored in compliance with the City Code. 5.04 Staff Report SP #96-16, by Jugal K. Agarwal Page 5 PLANNINC COMMISSION ACTION: The Planning Commission voted 5-1 to recommend approval of the request to the City Council with four stipulations: 1. The petitioner shall provide a hard surfiace driveway at the time of garage construction. 2. The accessory structure shall not be used for a home occupation. 3. The structure shall be architecturally compatible with the exis�ting dwelling. 4. Vehicles, refuse, and other materials shall be stored in compliance with the City Code. CITY COUNCIL RECOMMENDATION: Staff recommends that the City Council concur with the Planning Commission action. 5.05 SP ��96-16 � �.. SP #96-16 3 70-72 74th Avenue Jugal Agarwal CAT10N MAP � HU��-30-96 FR I �l �� l 7 F� f ! p„�f l�lon,,,n� (wi.� SW'v��y:rt� So,ls Tc;i��,y G�.� r� ,t��,;.�,�� Iq�;l��r,n� JyRNOT r hX F10. 5; 24511980 sP �� 96-16 P. Ol " �— �.—. _..____` .—�-_ �..rL..� �•- ... _ "___...__ wal / ,� - �� C� �` � �V / til'7�'" N hn�• 'GS� �'f. � [..-V � (..� '9 � ,tf,;�,x•�j��s :•i ENG! 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M.�I�I O R �h��f �i��,c'f �Y�of ihry �s a fi-ve rv�d u�rec/ �r��csenfo�i�rt �% a srr�er j�'�,'�< h��.,clorres o�'�Ire v6c�e nhsc,•�{aes lqnd, vrn� o�'/t`Y /r.co/ian af'a/J bvi/d�i�9s ,11�rreon, �io// r�s�61c PjcrovJirr��l/s ,;��o„y, �an nr m.�a�d /o,vd. As +urvice,ed 6� m� h��'s - dny g.l �'��.b�_ a.c�,9...�. .SU6 Ul� 8A1J F. ,MG,r/1,'EE �,NG , INC. 5 C� i.. � I�� 3O. l.�yinr�`�c F,- C4„r or.s .r---.-.•.-� & G --- �.CP—.-.._��:��<.,,�.-- s � � � 5.�? ..� ._C. MEMORANDUM PLANNING DIVISION DATE: October 10, 1996 TO: William Burns, City Manager FROM: Bar6ara Dacy, Communiiy Development Director Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Response to Planning Commission Direction of October 2, �996 At their October 2, 1996 meeting, the Planning Commission directed staff to review the rental licenses and the code enforcement violations for the properties located on 74th Avenue between University Avenue and Symphony Street (see attached map). The results of our resea�ch indicate ihat three duplexes located on the block have received numerous code violation letters. These violation letters pertained to the following addresses: 360-362 - 74th Avenue; 370-372 - 74th Avenue; and 380-382 - 74th Avenue. Most violations were regarding junk vehicles, solid waste, and improper outdoor storage_ Code Section 220.10.01.J, requires, "Every owner of a residential property shall be responsible for providing and maintaining facilities for the s#orage and disposal ot refuse and for the arrangement of the collection of the material as required by the City Code." The Planning Commission inquired as to whether or not these �epeat violations could be considered when reviewing and approving rental licenses. We are currently in the rental licensing renewa! period for these complexes. No licenses for 1997 have been issued to these three properties_ Code Section 220.13.09.C, states, every operating license issued under the provisions of #his ordinance is subject to suspension or revoca#ion for the enti�e dwelling unit, or for individual dwelling units, by the City Council, should the ficensee fail to operate 5.08 William Burns October 10, 1996 PAGE 2 and maintain the licensed rentai dwelling(s) and dwelling units therein consistent with the provisions of this chapter, all applicable ordinances of #he City, and the laws and regufations of the state ofi Minnesota." Unless otherwise directed, staff will place the owners of these properties on notice, systematically inspect the prope�ties on a regular basis, and begin the license revocation process if same or similar violations occur. SH/ M-96-478 5,09 74th Avenue Code Enforcement Hisiory, 1990-Present ADDRESS OWNER TYPE AND CODE VIOU4TION AND NUMBER OF UNITS DATE 7398 Symphony Street Zero lot line, owner 1995: Outside storage of occupied, 1 rental unit brush 1992: Junk vehicles, outside storage 1993: Junk vehicles improperly parked 380-382 74th Avenue Absentee owner, 2 rental 1996: Outside storage of units appliances 1993: Outside storage 1992 Junk vehicies, outside storage 370-372 74th Avenue Absentee owner, 2 rental 1996: Junk vehicles, units outside storage of brush, solid waste :,� : , � - 1995: Weed notice 1994: Outside storage, solid waste 1993: Solid waste, weed notice 360-362 74th Avenue Absentee owner, 2 rental 1996: Junk vehicles, solid units waste, outside storage 1994: Junk vehicles, solid waste, outside storage 389-74th Avenue Absentee owner, 11 rental 1992: Outside storage units 1990: Outside storage 361-74th Avenue Absentee owner, 8 rental 1994: Outside storage, led units to citation 9 993: Parking lot repair 351-74th Avenue No license submitted, No violations since before transitional housing 1990. program, 11 rental units 371-74th Avenue No license submitted, 4 No violations since before renfa! units 1990. Gateway c:lwplmichele174thave.wpd 5.10 N 74th A n ve ue 5. OCATION MAP MEMORANDUM DEVELOPMENT DIRECTOR DATE: October 10, 1996 TO: �Iliam Bums, City Manager�� FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Establish Public Hearing Amending Chapter 205 of the Fridley City Code, Entitled "Zoning" On August 19, 1996, the City Council directed staff to complete the required policy and ordinance changes to comply with the 1995 legislation requiring agencies to act within 60 days on all land use applications. These changes included amendments to the zoning code, subdivision code, and the City Charter. Staff has prepared changes to Chapter 205, entitled uZoning". The Planning Commission conducted a public hearing regarding the changes on October 2, 1996 and recommended approval of the changes to the City Council. Recommendation The zoning code requires the City Council to conduct a public hearing regarding all zoning text amendments. Staff recommends that the City Council establish October 28, 1996 as the date of the public hearing. MM/dw M-96-476 6.01 1VIEMORANDUM DEVELOPMENT DIRECTOR DATE: October 10, 1996 TO: William Bums, City Manager �� FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Establish Public Hearing Amending Chapter 211 of the Fridley City Code, Entitled "Subdivision" On August 19, 1996, the City Council directed staff to complete the required policy and ordinance changes to comply with the 1995 legislation requiring agencies to act within 60 days on all land use applications. These changes included amendments to the zoning code, subdivision code, and the City Charter. While Chapter 211, "Subdivisions", was not in conflict with the amended state statute, staff recommends that consistent processes for all land use applications would eliminate errors in tracking and confusion with application procedures. Minor changes to Chapter 211 are recommended: 1. Establishing a plat process similar to the rezoning in which both the Planning Commission and the City Council would conduct a public hearing; however, staff would administratively establish the date of the City Council public hearing. 2. Establish a process for lot splits similar to the special use permit process, changing informal hearings before the Planning Commission to formal public hearings. The Planning Commission informally reviewed these changes at its meeting on October 2, i 996 and recommends the City Council implement these changes. 7.01 Subdivision Ordinance October 10, 1996 Page 2 Recommendation The City Council is required to conduct a public hearing regarding changes to the City Code. Staff recommends that the City Council establish October 28, 1996 as the date of the public hearing regarding amendments to Chapter 211, entitled "Subdivision". MM/dw M-96-477 7.02 MEMORANDUM DEVELOPMENT DIRECTOR DATE: October 10, 1996 TO: William Bums, City Manager ,�� FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: First Reading of an Ordinance Approving a Vacation Request, SAV #96-02, by Independent School District #14 The City Council conducted a public hearing regarding the vacation requests by Independent School District No. 14 on July 8, 1996. These requests vacate streets and alleys located on school district and City owned property in the area of the high school, middle school, and Commons Park wellfield. At the public hearing, Mr. Pitts of 752 - 63rd Avenue expressed concem regarding loss of access to the rear of his property on 63rd Avenue. Originally, the City vacated the streets and alleys in vneland Addition adjacent to Mr. Pitts' property in 1955. The school district requested the streets and alleys be revacated to insure that the vacation was officially and completely approved. Mr. Pitts met with Doug Peterson, legal counsel for Independent School District No. 14 after the public hearing. Mr. Peterson provided Mr. Pitts with the originat documentation vacating streets and alleys in �neland Addition (see attached). In a phone conversation with Mr. Pitts, he advised staff that while he would like the additionat access, he understands the outcome of the 1955 vacation action. He stated he would not pursue requesting individual access to his property. Recommendation Staff recommends that the City Council approve �irst reading of the attached ordinance vacating streets and alleys in Yneland Addition, and Blocks 2- 11, Moore Lake Addition. MM/dw M-96-474 8.01 oxnix�xc$ xo. AN ORDINANCE IINDER Si3CTION 12.07 OF THS CITY CBARTER TO VACAT$ STREETS AND ALLEYS AND TO AMEND APPENDIB C OF THE CITY CODS The City Council of the City of Fridley does hereby ordain as follows: SECTION l. To vacate streets and alleys described as follows: All of Washington Street, platted as llth Avenue on Vineland Addition to Fridley Park, Anoka County, Minnesota. All of Jefferson Street, platted as 12th Avenue on Vineland Addition to Fridley Park, Anoka County, Minnesota. All of Madison Street, platted as 13th Avenue on Vineland Addition to Fridley Park, Anoka County, Minnesota. Al1 of Monroe Street, platted as 14th Avenue on Vineland Addition to Fridley Park, Anoka County, Minnesota. All of Quincy Street, platted as 15th Avenue on Vineland Addition to Fridley Park, Anoka County, Minnesota. Al1 of Jackson Street, platted as 16th Avenue on Vineland Addition to Fridley Park, Anoka County, Minnesota. Al1 of 62nd Avenue Northeast, platted as Kent Street on Vineland Addition to Fridley Park, Anoka County, Minnesota. Al1 the alleys in Blocks 1 to 12 inclusive, Vineland Addition to Fridley Park, Anoka County, Minnesota. That part of 61st Avenue Northeast, platted as Court Street on Vineland Addition to Fridley Park, Anoka County, Minnesota lying easterly of the east line of Block 12, extended southerly, said Vineland Addition to Fridley Park. �: 1 i Page 2 - Ordinance No. 63rd Avenue Northeast, platted as Astor Street on Vineland Addition to Fridley Park, Anoka County, Minnesota. All of the unnamed Half Avenue or Street, as platted on Vineland Addition to Fridley Park, Anoka County, Minnesota, said unnamed Avenue or Street, lying easterly of the east line of Block 12, extended southerly, said Vineland Addition to Fridley Park. This property is generally located north of 61st Avenue, east of 7th Street, south of 63rd Avenue, and west of Jackson Street. All lying in the South Half of Section 14, T-30, R-24, City of Fridley, County of Anoka, Minnesota. Be and is hereby vacated. SECTION 2. To vacate streets and alleys described as follows: All of Washington Street, as platted on Moore Lake Addition, Anoka County, Minnesota, lying northerly of the north line of 60th Avenue Northeast, as platted on Moore Lake Addition, and lying southerly of the south line of 61st Avenue Northeast, as platted on said Moore Lake Addition. Al1 of Jefferson Street, as platted on Moore Lake Addition, Anoka County, Minnesota, lying northerly of the north line of 60th Avenue Northeast, as platted on Moore Lake Addition, and lying southerly of the south line of 61st Avenue Northeast, as platted on said Moore Lake Addition. All of Madison Street, as platted on Moore Lake Addition, Anoka County, Minnesota, lying northerly of the north line of 60th Avenue Northeast, as platted on Moore Lake Addition, and lying southerly of the south line of 61st Avenue Northeast, as platted on said Moore Lake Addition. Al1 of Monroe Street, as platted on Moore Lake Addition, Anoka County, Minnesota, lying northerly of the north line of 60th Avenue Northeast, as platted on Moore Lake Addition, and lying southeriy of the south line of 61st Avenue Northeast, as platted on said Moore Lake Addition. . � • , Page 3 - Ordinance No. All the alleys in Blocks 2 to 6, inclusive, Moore Lake Addition, Anoka County, Minnesota. This property is generally located north of 59th Avenue, east of 7th Street, south of 61st Avenue, and west of West Moore Lake Drive. All lying in the North Half of Section 23, T-30, R-24, City of Fridley, County of Anoka, Minnesota. Be and is hereby vacated. SECTION 3. To vacate streets and alleys described as follows: All of Washington Street, as platted on Moore Lake Addition, Anoka County, Minnesota, lying northerly of the north line of 59th Avenue Northeast, as platted on Moore Lake Addition, and lying southerly of the south line of 60th Avenue Northeast, as platted on said Moore Lake Addition. All of Jefferson Street, as platted on Moore Lake Addition, Anoka County, Minnesota, lying northerly of the north line of 59th Avenue Northeast, as platted on Moore Lake Addition, and lying southerly of the south line of 60th Avenue Northeast, as platted on said Moore Lake Addition. All of Madison Street, as platted on Moore Lake Addition, Anoka County, Minnesota, lying northerly of the north line of 59th Avenue Northeast, as platted on Moore Lake Addition, and lying southerly of the south line of 60th Avenue Northeast, as platted on said Moore Lake Addition. Al1 of Monroe Street, as platted on Moore Lake Addition, Anoka County, Minnesota, lying northerly of the north line of said 59th Avenue Northeast, as platted on Moore Lake Addition, and lying southerly of the south line of 60th Avenue Northeast, as platted on said Moore Lake Addition. 59th Avenue, as piatted on Moore Lake Addition, Anoka County, Minnesota, lying easterly of the west line, extended southerly, of Block 10, said Moore Lake Addition, and iying westerly of the �; � � � Page 4 - Ordinance No. east line, extended southerly, of Block il, said Moore Lake Addition. � 59th Avenue, as platted on Moore Lake Addition, Anoka County, Minnesota, lying westerly of the shoreline of Moore Lake and lying easterly of the following described line: Beginning at the southwest corner of Block 12, said Moore Lake Addition; thence southeasterly to the northwest corner of Lot 1, Block 1, Donnay's Lakeview Manor Addition, Anoka County, Minnesota and said line there terminating. 60th Avenue Northeast, as platted on Moore Lake Addition, Anoka County, Minnesota, lying easterly of the west line, extended southerly, of Block 6, said Moore Lake Addition, and lying westerly of the shoreline of Moore Lake, said Moore Lake Addition. All the alleys in Blocks 7 to 11 inclusive, Moore Lake Addition, Anoka County, Minnesota. This property is generally located;north of 59th Avenue, east of 7th Street, south of 61st Avenue, and west of West Moore Lake Drive. All lying in the North Half of Section 23, T-30, R-24, City of Fridley, County of Anoka, Minnesota. Be and is hereby vacated. SECTION 4. The said vacation has been made in conformance with Minnesota Statutes and pursuant to Section 12.07 of the City Charter and Appendix C of the City Code shall be so amended. PASSED AND ADOPTED BY THE CITY COIINCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1996. ATTEST: WILLIAM J. NEE - MAYOR WILLIAM A. CHAMPA, CITY CLERK 8.05 Page 5 - Ordinance No. Public Hearing: July 8, 1996 First Reading: Second Reading: Publication: : 1 . � � � � �. ��: -��..�� ------•- liilil�� :��_�� .___. .-�---- �•��: ��► ..� �� .� � ii � �. .d . /�� i u�l 1' \i Uistrict #1 q ��Zy_��[��► �►�il_1 � � =•�� =-- -• ti�� `.�i -,. �:i 111 -:� il� �� .� . �� /lr �7 � �. .�I � _! ��i ►w�i �' �1 �� ; � � • � I/ � � �� i : i : FRIDLEY CITY COUNCIL MEETING OF JULY 8, 1996 PAGE 5 there have been several agreements between the school rict and the City for joint use and for exchange of the operty. The property contains Commons Park and Fridley M' �e School which involves thirteen lots. This request was re �ewed by the Planning Commission which recommended approval of proposed plat. Mr. Hickok stated that, in conjunc � n with this plat request �here are three vacation requests. nce these are related issues the following motion was made: MOTION by Councilma chneider to waive the reading of the public hearing notices nd open the hearings on the following vacation requests: SA 96-02a, SAV #96-02b, and SAV #96-02c. Seconded by Councilw n Jorgenson. Upon a voice vote, all voting aye, Mayor Nee ared the motion carried unanimously and the public hearings w opened_ 9. PUBLIC HEARING ON VACATION REQUEST, SAV #96-02a, BY INDEPENDENT SCHOOL DISTRICT NO. 14, TO VACATE STREETS AND ALLEYS GENERALLY LOCATED NORTH OF 61ST AVENUE, EAST OF SEVENTH STREET, SOUTH OF 63RD AVENUE, AND WEST OF JACKSON STREET ( WARD 1) : . AND PUBLIC HEARING ON VACATION REQUEST, SAV #96-02b, B� INDEPENDENT SCHOOL DISTRICT NO. 1.4, TO VACATE STREETS AND ALLEYS GENERALLY LOCATED NORTH OF 59TH AVENLT�,, EAST OF SEVENTH STREET, SOUTH OF 61ST �VENUE, AND WEST OE WEST MOORE T:AKF: DRI�TE (WARD 1) : AND PUBLIC HEARING ON VACATION REQUEST, SAV #96-02c, BY INDEPENDENT SCHOOL DISTRICT NO.. 14, TO VACATE STREETS AND ALLEYS GENERALLY LOCATED NORTH OF 59TH AVENUE, EAST OF SEVENTH STREET, SOUTH OF 61ST AVENUE, AND WEST OF WEST MOORE i,AKE DRIVE (WARD 1j: Mr. Hickok, Planning Coordinator, stated that an issue with one of the vacation requests is that residents along 63rd Avenue utilize the area and access behind their homes for trash pickup. This is also the access to Commons Park and the well house. It is staff's belief that the continuation of the use of this access would be allowed as the road itself services the well house. Mr. Hickok stated that another request for street and alley vacation is in the Southeast Quadrant of 61st Avenue and Seventh Street. The total parcel is 41 acres and located on the property is the Fridley Community Education Center, tlie high school football field, and the parking lot_ Mr. Hickok stated that the final vacation request is in the northeast corner of Seventh Street and 59th Avenue. Located on this property is the baseball field and Fridley High School_ 8.10 FRIDLEY CITY COUNCIL MEETING OF JULY 8, 1996 PAGE 6 Councilwoman Bolkcom asked what the residents on 63rd Avenue would do if they did not have access to the area behind their homes. Mr. Hickok stated that residents would then have their trash haulers pick up in front of their homes. Mr. Richard Pitts, 752 63rd Avenue, questioned why this is an issue now when it has not been for over thirty years. He has not seen the plat, no one knows what will happen to this area and no one knows if they will have high rises behind their homes. Mr. Hickok stated that the requests are a result of the solid waste fee imposed on parcels in the County which prompted a review of all City properties to determine which sites would be affected. The determination was then made that City and school district properties needed to be exchanged. This is really a housekeeping issue and is not related to any development proposal. The purpose of the plat is to assign the appropriate ownership and land designation around the uses. Mr. Pitts stated that his main concern is the vacation of the right-of-way behind 63rd Avenue. It is a dedicated street, and the City is making it a private street by installir_g the gate. He would like to use this access so he can back his travei trailer into his rear yard. He was not in favor of this vacation. Mr. Flora, Public Works Director, stated that this road is an access to the public utilities and is a limited access. Mr. Pitts stated that the access is limited due to the gate, but it is a public street. Mr. Flora stated that it was platted as a"paper" street, but it is used as an access to the public utilities in the area. Mr. Pitts stated that there is not a good reason to vacate the street. Councilman Billings stated that the plat was available for review at the Planning Commission meeting. The property is zoned for public purpose. If there was any rezoning for development it would have to go through the public hearing process. Mr. Pitts stated that this then eliminates his development concern but not the concern for vacation of the street. Mr. Doug Peterson, representing School District No. 14, stated that because of what has occurred in the past in the Vineland Addition, the attorneys for the school -district and the City decided to vacate all streets and alleys. The streets and alleys in the Uineland Addition were preaiously vacated but .recorded as abstract property and not torrens. 8.11 0 FRIDLEY CITY COUNCIL MEETING OF JULY 8, 1996 PAGE 7 Councilman Schneider asked why the property is again being vacated if it had been done previously. Mr. Peterson stated that there are many problems with the title to this property; therefore, it was decided to go through the entire process again. Councilman Billings stated that this procedure is to make sure the County records are in agreement with the actual uses. He asked Mr. Peterson if he would send the documents on the vacation to City staff and then staff would send a copy to Mr. Pitts. Mr. Pitts stated that if the vacation occurred before the driveway was constructed, it is an access road. If it was vacated, he may or may not have rights, as the plats are so vague he doubted if anyone knew the answers. Mr. David Schwartzbauer, 6320 Washington Street, stated that the access road goes to a pumping station and not a well. He talkeci with some of the surveyors, and they were under the impression that there would be some building occurring. These_people were private contractors. Companies do not go out to survey unless they feel they will get more business. Councilman Eillings stated registered land surveyors. to draw up tne plat. that the City does not employ any Private surveyors were hired in order Mr. Schwartzbauer stated that these surveyors were under the impression that they would be back next spring to do other work. He felt this meant there would be some construction occurring. He questioned why the road could not be an access road. He felt there was more happening than just housekeeping, and he did not see the reason for the changes. His concern is, basically, the access road. Councilman Schneider stated that the usage would not change, and Mr. Schwartzbauer, apparently, has more information than Council. Mr. Schwartzbauer stated that it may be appropriate for the City to contact the surveyors. Councilman Schneider stated that it did not matter if the City or the school district owns the property, it still could be sold. As far as any development, it is not zoned properly. Councilwoman Bolkcom stated that, to her knowledge, there are no plans for development. Councilwoman Jorgenson asked Mr. Schwartzbauer to whom he had spoken. Mr. Schwartzbauer stated that he talked to Thomas Dickson. 8.12 FRIDLEY CITY COUNCIL MEETING OF JULY 8, 1996 PAGE 8 He added that someone is not telling the truth and this should be checked. Councilwoman Jorgenson stated that the City has invested money in Commons Park, and there are no plans for development. Councilman Schneider asked Mr. Schwartzbauer if he had any objections if nothing was going to change in regard to the land use and buildings. Mr. Schwartzbauer stated that he would not have any objections. Mr. Hickok stated that staff will forward a copy of the Tetter that outlined the scope of the services of the survey company to Mr_ Schwartzbauer. Councilman Schneider suggested that staff follow-up on the comments by the survey company. He also wondered if there was a mis- communication. Mr. Edward Sworsky, 491 61st Avenue, stated that he never saw the plat. It bothered him that there may be plans for development, that Commons Park will be gone, ar�d that there will be townhomes. Councilwoman Jorgenson stated that the City is trying to establish the ownership of these properties so that the solid waste fees can be paid. , Mr. Sworsky felt that this came up suddenly, and he wanted to know if there were plans for development. ' Councilman Schneider stated that there were no dev�lopment plans, and this was just a housekeeping issue. Mr. Peterson stated that there was a resolution passed in 1955 vacating streets and aileys. All were vacated except the one at issue. Since the school district has no interest in development he felt that all of this occurred because of the solid waste payment problem. MOTION by Councilwoman Jorgenson to close the public hearing on Plat Request, P.S. #96-01. Seconded by Couneilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimousiy and the public hearing closed at 8:30 p.m. MOTION by Councilman Schneider to close the public hearings on Vacation Requests, SAV #96-02a, #96-02b, and #96-02c. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried.unanimously and the public hearings closed at 8:31 p.m. 8.13 - _ CtTYOF FRIDLEY FRIDLEY MUNICtPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 •(6l2) 571-3450 • FAX (612) 571-1287 July 12, 1996 David Schwartzbauer 6320 Washington Street NE Fridley, MN 55432 Dear Mr. Schwartzbauer: Thank you for your interest in the proposals to replat the Fridley Middle School and Commons Park property and to vacate the "paper" streets and alleys on 3 large parcels owned by the City of Fridley and ISD #14. During last Monday's City Council meeting you expressed concerns about comments made by staff and a surveyor. The purpose of this letter is to attempt to clarify those issues for you. Your first comment related to the term "well" vs`. "pump house". Your concern was that staff used incorrect terminology, that the service access was meant to serve pump houses, not wells. The terms: well, well house, and pump house could each describe 3 utility structures the access road was intended to serve. Each small building serves a well. Commons Park contains the City's m�st elaborate well field. City well numbers 2, 3, 4, 5, 6, 7, 8 and 9 are located in Commons Park, or on adjacent School District 14 property. Well numbers 2, 6, and 7 are served by the access drive described for the Council. Wells 2,6 and 7 were accurately described for the Council as "wells". Also at the Council meeting, you voiced concern over potential future development in the newly platted areas. There is no development/redevelopment scheme related to this request. Furthermore, to redevelop the land where these 8 wells exist would undoubtedly mean elimination or relocation of some, if not all the wells. Finally, for any development other than that which is permitted in a"P", Public Facilities district, a rezoning would be required. You would be notified of any rezoning and would have a public hearing opportunity to appear before the Planning Commission and City Council. Your final concern was regarding a Surveyor's comments. The City of Fridley, in conjunction with ISD #14, hired Kurth Surveying to 8.14 David Schwartzbauer July 12, 1996 PAGE 2 perform the following services: preliminary plat preparation, as- built survey preparation (shows exactly what exists currently), final plat mylar preparation, final monument staking (locating new property corners). Staff followed up with Kurth surveying to discover there is no staff inember named Thomas Dixon. Nonetheless, if a Thomas Dixon's comment regarding a return trip next year caused concern, this is unfortunate. A Kurth surveyor may have made a statement as you suggest, referring to final staking of the property, which is done once the preliminary and final platting processes are complete. The surveyor's only agenda is that of the City and School District. As I have identified for you, our scope of services will�require that the surveyors come back to the site. If you have further questions regarding these matters, please contact me at 572-3599. Sincerely, CIT �OF FRID / � � , �fj;,� , l, � �' c_�� c tt J. i kok nninct Coordinator C-96-147 8.15 � �' ' - L; �r ; :� .�� ,��:�: � _ -- w�ui �^� �oTiSfF, -"�v. _ . �'>b•s•,, ' ' ?: ,. . �� .rib�•�r� � � � � �.�v�' 3.652�0 � . . � �� __ ^� . . BaoK 3� �:_':i:� � In th� Matt�r of th� P�titian of Zndependent School Distriot No. 23� �aaki Connt7i Minnesots, W vacate th� aile�s in Iiloab 1 Lo 12 inalv�i�e� Vineland Addi�lou to Fridlq Parfta asd 1Cent Strset znd also 11Lh Anaw� 12th Atr�nw� 1jLh A�usu�� lltth Avenue, 1�rth �rnu� and lbth wnnn�� as laid ont on th� plat to Via�laad �dditian to Fridle� Yark� aecording to tb� aap or plat tJ��2'�ot tll�d oi record in the offic� of ttu R��st�r ot DNds Sn and for Moka Connt7i Mianasota. - �3 a P�tltiatl in th� abm-eacitl�d nrtt�r waa duly f1lyd in ths offic� af Lh� Y11L(� Q�'1C of Fri�l�7�. K1�esota� and referred to the Plaanin6 +nd Zoait�6.�aOitj1°n� md th�° �°n tM recanmendation of Lhat Ca�lssiaa r�f�rr�d Lo�th� P111iK� �oa°cll for action, and �g }�� 1]1� �aaadtT yas aansM notic�s of a public hearinq Lo ba post�d Sa t�rs� p1w�! vithln th� o111age� and notice ot a pt:blic hearin; pqblisb�d la fh��Cal�bla H�1�tts R�cord for the period of tim� r.quir�d bT Miauesota 3tatnL�a, aad� . �� th� poplis �irin� in �aid �aLt�r vai s�t for the 7th dny of APsili 19SSi at='�� •.. �. . • �� Y� th� Ti]lat� Cooacll has b��n adTiad in th� pre�ise■ ana that no on� at th� pncllo h�arina app�artd ia oPPoiition thereto, and liFffiiF�3 th� uttwe's ��L forth ia the Patition �ppear to be tnie �A COZP�OL� AM�S�1 l. That 91t»laad addltia+ to Fridl�� Parlc is a platud sub- di�ision loaat�d in t1u Y111�8� ot' Fridl�7r �oka Cotmtr� Minnesota, and that a'plat Lt�reot hu �b�an du1T illed +ad s'acorded in th� office of the Re�ster ot D��da Sn �nd for �aoka Comt7i �Snn�sota. 2. Tlut petitiona p�Litiaas tor th� �acation of th� alle�a in Hlooks 1 to 12 inolnsiT�� iti�land A�ddition to Fridl�y Park, and Kent Str��t �nd alao 11t1t�ATSnu�� 12th Atinn�� 13� A�u�� 1%+� A�enue� - 15th Arenne and lbttl AT�rtn�� at laid onL on th� p1.at to Qineland Addltlon to Frldlar Park� aoaordln�,to th� waP,or plat Lhereof filed of record Sn tha offica of tha Regist�r ot Deed� 11. and Sor Moka County, :lSnnesotr. _w� �-. _- . V a-1 w�„T"'�,, �-:{y ' — ��`- -. � . _ ,'f�r' `r'--��, �� : �� . .t � . .. :'ty` ' t�`� `�.ti=: .; t:x ,`-� �� ;;� : < .=,�':. 2e, ,:� =�� ,/'" J ,?. . -. � BOUK Jv•, °�E�� , �., 3. 'That p�tltianu'�1�;t0� oro�r ln SN of all tbe loLa in .. :u�'^s'?k'Rt �"'�" Blocka 1 Lo 13 inclwin of aaid:sbbdivision.�� r� • ' �,.w+��h;tiyY�.-._ , . 'L. That said �aoatioa i�-ioo.tht b7 r�asm ot th. fact thtt :he �M1 . property i� goiag to b� as�d'1o! �Obool and,Dla7�'ou�d Pu�P°�ea and that the atreeU and allqs thwn oa �aid'pls� ��r� ao pnblio purpoa�. S. That all yh� tazu a;alast said •tr��Ls and �lle�s and Sn aaid lots ha�e bean paid. 6, Tuat it is to the but inter�at of ths pnDlic to have naid ntreet� and all��s �acated� aad that ao other propert7 o��rs ars affected thereby. . NOH 1i�RII''Oi�� D� it rNOlnd b7 th� Yi11n8e Conncil of Fridl.�, ltlaa�iota, �tlas iu as a�oarn�Q aKtlai aa �pril 7� 14ii� that tha r�quut of th� p�titlma' 1s�-p'�tl�Id aod,,tbat:tAi'�ssrCaln itrNts sad _ alle�s Sn 91n�laad �ddltlm�to �t .i�di?�!allCi ,� �s�bdl7ision of laoka CrnmtT, . <. �.: , . ,: • M�.oueaou, aaa17� Lh��ally��is::i•l1�eb l�to�1Z: .ls�olttsiti� Rln�l�/nd < <. -.�:>r::�.;,�s�c.=';`.;;,';�:. "'.,��,_,�. .•,.-:...- Addltioa te lrimh�lsr'k��.aeQ LaO:�Liwti;�ad;iLo.,]lth Arsan�� 12th `�.i `'.} � p� =:..'.=`::"t?'� �� .;e. . :: � —. A�enII�� i�th A�raas� 1�tt� l7raNl��t11 �t�rsa'aed lbth'��aII�� as laid . ..�. � �w.,r.ya.�.';.� .r:i`.��;�TYi ..'.� + a w• x pa� aQQOS'diia %O %il� wt oa th� pliL L� .rlo�l�4'jd�t1�R'tt.lrldlq�; ,_ �.. �'. .�. •...r-_'..:-. �.. �:. ' '.'. . . .. _.. , . ... ... . :.� :..... � eup or plat'thar�of Sil�d ot.r�oord 1n tA��ot�1o� ot..tb� R��sL�r of Deads in and for Moka CoantT, ?lioas�ota• D� aad htr�bT'ar� �acat�d. . A;•�STi . ,V\ /, � •: ' , ` ��►�C.---f�.�.6��"Q4�`_ V I'1C R ' 8.17 / � . v i �� :t�_ : /� / . � , � ; � =.A..,� - �- . -.y4:�� ._ � . .: . . r �-l�� ' 'i�1 � ,= .. ' .�t't... :,5� . .� _ •;#.:f!`•:'*'�-•:.: � _ .�. . . - �:.•' ' • "`- _ _ � �.:;::�.� "r�:�. - . � - - � 3:l� �:::i�; _ . 4. �YG :r . '�! j"'�� f!+�r' ' . I� trawL M�d��u� ��+8ar of LAe Village of Frlu]aY. �o� �y��i ![l�nwou� do ��+�7 a��'tit� that the attached Resolution, Ming a R�tolaLlan 1+� t� aatla' �� P��ti� ��dependent School Diatrict No. 23� Anol[a Co'ott7� Mln°po�i � n°a� ��. atleTs in B2oeks 1 _ ,�,_ . to 12 lnclnsini YSttslaaQ 1dC1t1aa � FK�O7 p�i +� Keat 9ts'��t and a�ao 11lL A��an�� 12th Ai�aa�� 13fa lnnn�� 11tLh �nnu�� 1Sth A�a�n� and lbtn .. � . �.� ...v.; - t' '��dditioa . _ : dlq Park, i. a .sn tA� L'tA tin�Lnd t° Aran�s u liid oai • t iti. .,J r,, :,.:... .. ,, ,-....,.:. . . '� .:a.,,e.: :.-:`; ;.�„s,.r,_.,;, .�,, r-- . .. _ ... r LI'li� QO� Oi'a�d�A�/Oi1lLS.��'��.•r,��:��i$�'C+OlmCSl OS � VSila� .. . . . ' -"�. � Of iTldiq� i!l2tlMOti��On.ib�'i� � ��7 1955• � � � ea �n Yillag� llaIIag�r oulige of Tridley, Minnesota 9ub�ctlb aod�ero to bafOS+ N t�, �� 1955. , �►r ho; �p N v' P4a� N u,�c,,�'l }(�� '`Qky"y,nR ' • • . ' '? ' �' �1q[ ;.. r � : , , , `r'. J^.::•„`,' ,u. - . �+�� xc ..:.'?;+i, �'�.f: y'Yt.� ,�tX�Er�a,;. K . . , :��' �"„ir �-,1 � . . �a t =� � - � „� .�. . Afr'��' �." 2�. Sty♦ 'u'v.�'u . , . �_ .S .�.Y�X�1 'N� t .f: `l.�ll��•'ti. �.. � . . (�•KLr �~-4�.�%f��.7.F�t_ �f�� `v� . - .. . � . _��_�0 � t � �� . �� = ��:��,_�j �� ' `�l ��►' Y p.., _ ' ~t : � ��r' ,. �.r,-r.,e?�,Ay�•, • :i'.�":e' �i. ��.-',�.., . � . � , . ..j�4'•�40��4t�.q ��"� -Y:!�r,i"fi `:~� k. . �.�r,l.a�.i :1, �..{}z• s.L �2 r� � t .� e� �i�., �,-. �E�v'a`:� '3+ Y � „�?=.,' ' ;� �'..A..��.�� r"` . ;•oc•�.�;`�f'k�:,�h. . � ' �e>:} � •,Y5 z'µ.�.,�'Y -�'�. -:. .. -v��t -r „:��.,y�� '. ...'., . �, , �^�:.hill� � .. � i;-�:�. . � � . : „ _; _ _. . . �%i'4.i . "'� �� ` `�. .. Y ��..�, 1 � ri1�4 for r�oott es`�•3�1i11 e= J�7-��.19?5 "t 9 0�oloot �t�t. r .... ..��y:. � -J�-•yr'tw �..... . � ' . �w u h�Y�ia'i+t�Gpii !t. •,i� � -.y ,. ,i,� ii: - � .5 �. y,v. SS�!i s•• . '� c .%� ., .�t rl ,`.- . . . n[71f. • Y . - �} � � . . a. • ��•�' _ t�.7�� L'.. ��ry,,-':' . -"ti:a� 4�:i:�.�.,.. . _ / �'�'/�': �+�jCv.,SiC,p � • ..i�'� ` '•7v-. .'Ya'.,�•� . _ rt ---=--ass ( � ::i _ � � � � A3 _y �� n c� `�� ic.: ,�r raiiniy Recorder rc;,;;i•:� �," .'!�oica, Minn. � ��er�-�� _� . , :�-;i . :.zve compared the ....,`�� :;::; .. ,.., ; �� ;ic97ai insirument • 30. �oSo�lO �.. : c? �';? ;� �r�+ offica. and that ;! ;s _ �r;��. . _ .. - .. _. •,�e.� ,�` the same, and n; ;h; �.��,,, . . .., . . _ i!}32 t^2 a�CVe iS , .r�:�� . ;. : ..- _ _. .. .. ,.r�. �a;�G _ d 3 i � � G(�4JhrC :•":. 'i�S!"�. i,��,R:'� fl°CtYffEf �y d°Dli i •! 8.19 MEMORANDUM DEVELOPMENT DIRECTOR DATE: October 10, 1996 TO: Wiitiam Bums, City Manager�� FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Resolution Approving Plat Request, P.S. #96-01, by Independent School District #14 The City Council conducted a public hearing on July 8, 1996 regarding the plat request, P. S. #96-01. The request is to replat �neland Addition which is generally bounded by 7th Street on the west, 61st Avenue on the south, an extension of Jackson Street on the east, and 63rd Avenue on the north, not incfuding the flrst row of residential properties directly abutting 63rd Avenue. These properties are being replatted into Tigerland Addition: A portion of the property will be transferred from school district ownership to City ownership once the plat is approved and recorded. Recommendation Staff recommends that the City Council approve the attached resolution approving Tigerland Addition. MM/dw M-96-473 9.01 RESOLIITION NO. - 1996 !l RSSOLIITION APPROVINl3 A PLAT, P.B. #96-01, TIaSRLAND PARR WHEREAS, the Planning Commission held a public hearing on the Plat, P.S. #96-01, on June 5, 1996 and recommended approval; and WHEREAS, the City Council also conducted a public hearing on the proposed Plat at their July 8, 1996 meeting, and approved the Plat at their , 1996 meeting; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley hereby approves the Plat, P.S. #96-01, Tigerland Park, and authorizes the Mayor and City Manager to sign the Plat as prepared by Kurth Surveying, Inc. BE IT FURTHER RESOLVED that the petitioner is requested to record this Plat at Anoka County within six (6) months or said approval will become null and void. PA88TD AND ADOPTED BY THE CITY COIINCIL OF THE CITY OF FRIDI�EY THIS DAY OF , 1996. ATTEST: WILLIAM J. 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Upon a voice ote, all voting aye, Mayor Nee declared the motion carried una ' ously. ADOPTTON OF AGENDA: Mr. Burns, City Manager, requested t t Item 14 be deleted from the agenda. Councilman Schneider stated t he wished to add an item regarding Home Depot. MOTION by Councilman Bi ings to adopt the agenda with the deletion of Item 14 but wi�h e addition of the Home Depot item. Seconded by Councilman Schn der. Upon a voice vote, all voting aye, Mayor Nee declared the otion carried unanimously. OPEN FORUM, V,�"SITORS : Ms. Pat P inzevalle, representing Alexandra House, stated that she was"the e that evening to discuss their request for funding which was n recommended for approval by the Human Resources Commission. How er, since this was an agenda item, Ms. Prinzevalle was asked to ake her presentation when::the item.was consider'ed by.Council•. PUBLIC HEARINGS: 8. PUBLIC HEARING ON PLAT REQUEST, P.S. #96-01, BY INDEPENDENT SCHOOL DISTRICT N0. 14, TO REPLAT PROPERTY GENERALLY LOCATED NORTH OF 61ST AVENUE, EAST OF SEVENTH STREET, SOUTH. OF 63 AVENUE, AND WEST OF JACKSON STREET (WARD 1): � MOTION by Councilman Bil3ings to waive the reading of the public hearing notice and open the public hearing on Plat Request, P.S. #96-01. . Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and �he public hearinq opened at 7:48 p.m. Mr. Hickok, Planning Coordinator, stated that this public hearing is for consideration of a plat of the entire Vineland Addition and Lot l2 of Shorewood Addition. The purpose of this plat is to allow transfer of land containing City facilities to City ownership. All of the property proposed to be platted is currently owned by Independent School District No. 14. The property is located north of 61st Avenue, east of Seventh Street, south of 63rd Avenue and west of Jackson Street. , Mr. Hickok sta'ted that the school district acqui�ed this property through tax forfeiture and has owr.ed it since 1955. Since 1957, 9.06 FRIDLEY CITY COU2�CIL MEETING OF JULY 8, 1996 PAGE 5 there have been several agreements between the school district and the City for joint use and for exchange of the property. The property contains Commons Park and Fridley Middle School which involves thirteen lots. This request was reviewed by the Planning Commission which recommended approval of the proposed plat. Mr. Hickok stated that, in conjunction with this plat request there are three vacation requests. Since these are related issues the following motion was made: MOTION by Councilman Schneider to waive the reading of the public hearing notices and open the hearings on the following vacation requests: SAV #96-02a, SAV #96-02b, and SAV #96-02c. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearings were opened. 9. PUBLIC HEA.RING ON VACATION REQUEST, SAV #96-02a, BY INDEPENDENT SCHOOL DISTRICT NO. 14, TO VACATE STREETS �ND ALLEYS GENERALLY LOCATED NORTH OF 61ST AVENUE,.EAST OF SE�iENTH STREET, SOUTH OF 63RD AVENUE, AND WEST OF JACKSON.� STREET (WARD 1): i" AND `PUBLIC HEF�RING INDEPENDENT SCHO( �ALLEYS GENERALLY STREET, SOUTH OF DRIVE (WARD 1): AND PUBLIC INDEPEI` ALLEYS STREET, DRIVE l ON VACATION REQUEST, � DISTRICT NO. 14, TO �CATED NORTH OF 59TH AV 61ST AVENUE, AND WEST, HEARING ON VACATION �NT SCHOOL DISTRICT NO. �NERALLY LOCATED NORT� SOUTH nF ti1 �T ATIFNTT . : �� SAV�' #96-02b, �. �mD��mc TI.TTI ✓11WL1�.J 171YL EAST OF SEVENTH FST M(lC)RF. T.AKF JEST, SAV #96-02c, BY , TO VACATE STREETS AND 'H AVENUE, EAST OF SEVENTH WEST OF WEST MOORE LAKE Mr. Hickok, Planning Coordin or, stated that an issue with one of the vacation requests is at residents along 63rd�Avenue utilize the area and access behi d their homes for t.rash pickup. This is also the access to Co ns �ark and the well house. It is staff's belief that the cont' uation of the use of this access would be allowed as the road tself services the well house. Mr. Hickok sta d that another request for street and alley vacation is i the Southeast Quadrant of 61st Avenue and Seventh Street. The otal parcel is 41 acres and located on the property is the Frid y Community Education Center, the high school football field, an the parking lot. Mr. H� kok stated that the final vacation request is in the nort ast corner of Seventh Street and 59th Avenue. Located on thi property is the baseball fieid and Fridley High School. 9.07 MEMORANDUM DEVELOPMENT DIRECTOR DATE: October 10, 1996 TO: �Iliam Bums, City Manager�,,� � FROM: Barbara Dacy, Community Development Director SUBJECT: Resolution Authorizing Participation in the Metropolitan Livable Communities Act for 1997 The Metropolitan Livable Communities Act is a voluntary program for metro region municipalities to take advantage of incentives to create affordable and life cycle housing, to clean up polluted sites for new businesses and jobs, and to encourage "compact development", linking housing, jobs, and transportation `senrices. On October 23, 1995, the City of Fridley agreed to participate in the program for 1996. Since that time, the City has complied with the requirements of the Act by approving a Housing Goals Agreement and completed a Housing Action Plan. Benefits of the Proqram The 1995 Act creates three programs designed to encourage affordable housing and economic development. The three programs are the Tax Base Revitalization Account, the Livable Communities Demonstration Account, and the Local Housing Incentives Account. Although the City has been unable to take advantage of these accounts to- date, participation in the program has helped the City in obtaining ISTEA funds for the Highway 65 improvement project. Additional points were awarded to cities participating in the Livable Communities Act program. The funding sources for these three accounts are derived from a variety of sources from the Minnesota Housing Fnance Agency and other state funds. Additional points will be awarded to the City for MHFA loan/grant applications for apartment rehabilitation projects, if the City/HRA choose to apply. 10.01 Livable Communities Act; 1997 October 10, 1996 Page 2 It is recommended that the City continue to participate in the program for the upcoming year. The Housing Action Plan has rece�y been adopted and the City is currenily evaluating how to proceed on prioritizing potential housing and neighbofiood redevelopment projects. Urrtil priorities and projects are better defined, it is recommended that the City continue to participate in the program. The Livable Communities Demonstration account is the most promising funding account since it directly applies to some of the housing and redevelopment issues currently facing the City. A brief synopsis of the intent of the program and some ideas as prepared by the Metropolitan Council are attached for informational purposes. Recommendation Staff recommends the City Council adopt the attached resolution authorizing participation in the Metropolitan Livable Communities Act for 1997. BD/dw .�,i � �.�2 RBSOLIITION NO. - 1996 RRSOLIITION SLECTING TO CONTINIIE PARTIC�PATION IN THE LOCl�iL HOQBING INCENTIVES ACCOONT PROGRAM IINDER TH8 MBTROPOLITAN LIVABLE COMMIINITILS ACT FOR CALENDAR YLAR 1997 WHEREAS, the Metropolitan Livable Communities Act (Minnesota Statutes section 473.25 to 473.254) establishes a Metropolitan Livable Communities Fund which is intended to address housing and other development issues facing the metropolitan area defined by Minnesota Statutes section 473.121; and WHEREAS, the Metropolitan Livable Communities Fund, comprising the Tax Base Revitalization Account, the Livable Communities Demonstration Account, and the Local Housing Incentives Account, is intended to provide certain funding and other assistance to metropolitan area municipalities; and WHEREAS, a metropolitan area municipality is not eligible to receive grants or loans under the Metropolitan Livable Communities Fund or eligible to receive certain polluted sites cleanup funding from the Minnesota Department of Trade and Economic Development unless the municipality is participating in the Local Housing Incentives Account Program under Minnesota Statutes section 473.254; and WHEREAS, the Metropolitan Livable Communities Act requires the Metropolitan Council to negotiate with each municipality to establish affordable and life cycle housing goals for that municipality that are consistent with and promote the policies of the Metropolitan Council as provided in the adopted Metropolitan Development Guide; and WHEREAS, each municipality must identify to the Metropolitan Council the actions the municipality plans to take to meet the established housing goals through preparation of the Housing Action Plan; and WHEREAS, the Metropolitan Council adopted, by resolution after a public hearing, negotiated affordable and life cycle housing goals for each participating municipality; and WHEREAS, a metropolitan area municipality which elects to participate in the Local Housing Incentives Account Program must do so by November 15 of each year; and WHEREAS, for calendar year 1997, a metropolitan area municipality that did not participate in the Local Housing Incentive Account Program during the calendar year 1996, can participate under Minnesota Statutes section 473.254 only if: (a) the municipality elects to participate in the Local Housing Incentives Account 10.03 Resolution No. - 1996 - Page 2 Program by November 15, 1996; and (b) the Metropolitan Council and the municipality have successfully negotiated affordable and life cycle housing goals for the municipality. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley hereby elects to participate in the Local Housing Incentives Program under the Metropolitan Livable Communities Act during calendar year 1997. PASSED AND ADOPTED BY THE CITY COIINCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1996. WILLIAM J. NEE - MAYOR ATTEST: WILLIAM A. CHAMPA - CITY CLERK - 10.04 METROPOLITAN LTVABLE COMMUNiTIES ACT LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT Livable Community Development is: • Access to a variety of transportation systems: Transit, bicycles, pedestrian, auto • Linking affordable housing with employment growth � Intensifying e�sting and new land use � Providing mixed-income housing • Encouraging public infrastructure investment that: Connects urban and suburban cormnunities Attracts private sector investment Provides employment opportunities to residents 10.05 Livable Communitv Situation• Big box development separates new and existing neighborhoods from open space and park and ride. r u•_• / Transforming the standard big box development into a mixed-use residential, commercial, pedestrian/transit oriented community hub. Project: "Boulevard Gardens", Minnetonka • Convert park and ride into transit hub • Mixed income and Hollman homes • Intensification of land-use • Expanded open space and pedestrian network • Spur private investment Metropolitan Livable Communities Act Design Center for American Urban Landscape University of Minnesota 10.06` January 1996 U �-.��.::� L � • r' . �'• // `" ---�_ x �� ✓ \� / � " � �� ` � � � \ , i � y, �� ; . � tl''__ _ � ��`� ,�;. �::. - :� ��_ � _ � Livable nmm��nitv C'+ t• _ Vacant commercial buildings and a fragmented open space system negatively impact e�dsting neighborhood. , � M°ae�: Restoration of now buried environmental resources as a development hamework for the creation of a new compact mixed-use transit oriented neighborhood hub. Project• "Phalen Village", St.Paul • Transit links • Environmental restoration and pedestrian/open space system • Mixed income housing • Spur private sector development Metropolitan Livable Communities Act Design Center for American Uzban Landscape University of Minnesota January 1996 10.07 _� i �... . � �� - :.7% ��,{�„.t , . . Residents are challenged to find their own way to work with little assistance. u•e• �I' I� T Creating pedestrian/transit-oriented, mixed-use development as a tool to stabilize exisring employment and to spur new neighborhood- based employment. Project: "Fourth Ave. Node", Minneapolis/Lake Street • Transit links • Linking housing to employment • Spur private sector investment • Expand employment opportunities for neighborhood residents Metropolitan Livable Communities Act Design Center for American Urban Landscape University of Minnesota January 1996 1 �.OS � � 1� � �• '1 ��'°` 1 � ��.. �, � ,.. �'i i�� ., i� I'/ '� � ,� Livable Commun��itv�tion• Aging strip commercial corridors with obsolete buildings represent underutilized land and missed de�•elopment opportunities along transit corridors. A � � �� /- `' _ �. _ . , . ': . , -, �:\i;_,�� - o„ - . � O i% � M ae�: U �� i �/� �� , Converring standard strip commercial into a mixed-use residential, commercial ,pedestrian/ transit oriented communitv hub. Project: "Excelsior Center", St.Louis Park • Transit links • Link affordable housing to employment ° Intensificarion of land use • Pedesri-ian and open space svstem ° ititixed income housing ° Spur private development Metropolitan Livable Communities Act Design Center for American Urban Landscape University of Minnesota January 1996 10.09 r � �_� � � _�� PLANNING DIVISION DATE: October 10, 1996 TO: William Burns, City Manager � 1� � FROM: Barba�a Dacy, Community Development Director Scott Hickok, Planning Coordinator Wanda Brown, Recycling Coordinator SUBJECT: Agreement for a Multi-Unit Residential Recycling Program INTRODUCTION The City of Fridley is eligible for a grant of $21,000 to enter into a multi-unit residential recycling agreement. The Anoka County Board of Commissioners and the Integrated Waste Management Unit staff have made funds available to municipalities to further educate and develop our recycling program in multi-unit residential developments. The City's existing multi-unit program was initiated in 1993. Current multi-unit participation produces about 14 pounds of recyclables per unit. PURPOSE The purpose of the agreement between the City and the County is to provide for cooperation between agencies to implement or enhance a multi-unit residential recycling program. It is hoped that recycling participation from multi-units can be increased to 25 pounds per unit. Encouraging additional recycling will increase the vofume of materials which contribute to the City's tonnage goal. The implementation of this program coincides with City objectives of reducing recyclable tonnage in the waste st�eam, providing recycling education, and encouraging greater participation in multi- unit developments. � 1.01 Agreement for a Multi-Unit Residential Recycling Program October 10, 1996 Page 2 TERM Grant-related invoices must be submitted to Anoka County for payment prior to December 31, 1996. FUNDING Funding provided by the grant may be utilized in several ways. Examples include personnel costs to administer the project, to provide funds for additional promotional/ educationa! materials, or to provide funds to encourage owners to purchase recycling containers or create recycling enclosures for clean, organized material collection on the multi-unit site. A detailed program outline is now being prepared. The $21,000 figure is derived from a County allotment of $6.00 per unit for Fridley's 3,500 eligible units. The County received these funds through landfiii surcharge revenue. RECOMMENDATION Staff recommends that the City Council authorize the Mayor and Cit� Manager to sign the attached agreement with Anoka County to develop a multi-unit residential recycling program. BD/SH/WB:Is M-96-485 11.02 Anaica County Contract A960084 AGREEMENT FOR MULTI iJ1VIT RESIDENTIAI, RECyCLING PROGRAM THIS AGREEMENT made and effective as of the 18th day of July, 1995, notwithstanding the date of the signatures of the parties, between the COUNTY OF ANOKA, State of Minnesota, hereinafter referred to as the "COLTNTY", and the City of Fridiey hereinafter referred to as the "MLTIVICIPAIITY". WITNF,SSETH: WI3EREAS, Anoka County has allocated $96,000 from landfill surcharge revenue for multi-unit residential recycling programs; and WHEREAS, Landfill abatement is an authorized use of these monies; and WHEREAS, the County wishes to assist the Municipality in meeting recycling goals established by the Anoka County Board of Commissioners by providing funds to cities and townships in the County for multi- unit residential recycling programs. NOW, THEREFORE, in consideration of the mutual covenants and promises contained in this Agreement, the parties mutually agree to the follov✓ing terms and conditions: 1. PURPOSE. The purpose of this Agreement is to provide for cooperation between the County and the Municipality to unplement multi-unit iesidential recycling programs in the Municipality: . 2. T'ERM. The term of this Agreement is from July 18, 1995 through December 31, 1996, unless� earlier terminated as provided herein. � - - 3. DEFINITIONS. The following definitions shall apply to this agreement: A. "Recycling" means the process of collecting and preparing recyclable materials and reusing the materials in their originai form or using them in manufacturing processes that do not cause the destruction of recyclable materials in a manner that precludes further use. B. "Recyclable materials" means materials that are separated from mixed municipal solid waste for the purpose of recycling, including paper, glass, plastics, metals, fluorescent lamps, and vehicle batteries. Refuse derived fuel or other material that is destroyed by incineration is not a recyclable material. C. "Dwelling Unit" is a single unit of housing, whether freestanding or within a building containing other dwelling units, providing independent, living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. D. "Multi-unit residential recycling program" is a program serving apartment complexes, including condominiums, with four or more dwelling units or mobile home parks. 1'1.03 4. PROGRAM. T'he Municipality shall develop and implement a multi-unit residential recycling program in accordance with the plan attached and incorporated as Exhibit A and program guidelines atta.ched and incorporated as Exhibit B. 5. REPORTING. The Municipality shall submit the following to the Counry: A. A final report on the report form provided by the Counry on December 31, 1996. The Final report will include the total amount requested for reimbursement with receipts or purchase orders attached and a summary of the program. B. Information regarding any revenue received from sources other than the County for the Municipality's multi-unit residential recycling program. C. Copies of all promotional materials that have been prepared by the Municipality during the term of this Agreement to promote its multi-unit residential recycling program. 6. BILLING AND PAYMENT PROCEDURE. The Municipality shall submit itemized invoices to the County for activities no later than December 31, 1996. Costs not billed by December 31, 1996, will not be eligible for funding. The invoices shall be paid in accordance with standard County procedures, subject to the approval vf the Anoka County Board of Commissioners. 7. ELIGIBILITY FOIt FONDS. The Municipality is entitled to receive reimbursement for eligible expenses up to the project maximum amount of $21,000 as outlined in Amendment A. 8. RECORDS. The Municipality shall maintain fmancial and other records and accounts in accordance with requirements of the Counry and the State of Minnesota. The Municipality shall maintain strict accountability of all funds and maintain records of all receipts and disbursements. Such records and accounts shall be maintained in a form wluch will permit the tracing of funds and pmgram income to final expen:iiture. The Municipality shall maintain records sufficient to reflect that all funds received under this Agreement wer� expended in accordance with Minn. Stat. § 115A.919, for residential solid waste recycling purposes. The Municipality shall also maintain records of the quantities of materials recycled. All records and accounts shall be retained as provided by law, but in no event for a period of less than three years from the Iast receipt of payment from the County pursuant to this Agreement. 9. AUDIT. Pursuant to Minn. Stat. § 16B.06, Subd. 4, the Municipaliry shall allow the Counry or other persons or agencies authorized by the County, and the State of Minnesota, including the Legislative Auditor or the State Auditor, access to the records of the Municipality at reasonable hours, including all books, records, documents, and accounting procedures and practices of the Municipality relevant to the subject matter of the Agreement, for purposes of audit. In addition, the County shall have access to the project site(s), if any, at reasonable hours. 10. GENERAL PROVISIONS. A. In performing the pmvisions of this Agreement, both parties agree to comply with all appiicable federal, state or local laws, ordinances, rules, regulations or standards established by any agency or special governmental unit which are now or hereafter promulgated insofar as they relate to performance of the provisions of this Agreement. z 11.04 B. No person shall illegally, on the grounds of race, creed, color, religion, sex, marital status, public assistance status, sexuai preference, handicap, age or national origin, be excluded from full employment rights in, participation, be denied the benefits of, or be otherwise subjected to unlawful discrimination under any program, service or activity hereunder. The Municipality agrees to take affirmative action so that applicants and employees are -treated equally with respect to the following: employment, upgrading, demotion, transfer, recruitment, layoff, termination, selection for training, rates of pay, and other forms of compensation. C. The Municipality shall be responsible for the performance of all subcontracts and shall ensure that the subcontractors perform fully the terms of the subcontract. The Agreement i�etween the Municipaliry and a subcontractor shall obligate the subcontractor to comply fully with the terms of this Agreement. D. The Municipality agrees that the Municipality's employees and subcontractor's employees who fall within any job classification established and published by the Minnesota Department of Labor & Industry shall be paid, at a minimum, the prevailing wages rates as certified by said Department. Each Municipality and subcontractor performing work on a public project shall post on the project prevailing wage rates and hourly basic rates of pay for the Counry or area within which the project is being performed, including the effective date of any changes thereof, in at least on conspicuous place for the information of the employees working on the proj�ect. The information so posted shall include a breakdown of contributions for health and welfare benefits, vacation benefits, pension benefits and any other economic benefit required to be paid. . E. It is understood and agr�ed that the entire Agreement is coritained herein and that this Agreement supersedes all oral and written agrcements and negotiations between th� parties relating to tl�e subject matter hereof. F. Any amendments, alteratioas, variations, modifications, or waivers of this Agreem�ent shall be valid only when they have been reduced to wri%ing, duly signed by the parties. G. Contracts lei and purchases made under this Agreement shall be made by the Municipality in conformance with all laws, rules, and regulations applicable to the Municipality. H. The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause or phrase of this Agreement is for any reason held to be contrary to law, such decision shall not affect the remaining portion of this Agreement. 11. PUBLICATION. The Municipality shall acknowledge the financial assistance of the County on all promotional materials, reports and publications relating to the activities funded under this Agreement, by including the following acknowledgement: "Funded by the Anoka County Board of Commissioners" . 12. INDEMNgTCATION. The County agrees to indemnify, defend, and hold the Municipality harmless from all claims, demands, and causes of action of any kind or character, including the cost of defense thereof, resulting from the acts or omissions of its public officials, officers, agents, employees, and contractors relating to activities performed by the County under this Agreement. 1 �.05 The Municipality agrees to indemnify, defend, and hold the County harmless from all claims, demands, and causes of action of any kind or character, including the cost of defense thereof, resulting from the acts or omissions of its public officials, officers, agents, employees, and contractors relating to activities performed by the Municipality under this Agreement. The provisions of this subdivision shall survive the termination or expiration of the term of this Agreement. 13. TERNIINATION. This Agreement may be terminated by mutual written agreement of the parties or by either party, with or without cause, by giving not less than seven (7) days written notice, delivered by mail or in person to the other party, specifying the date of termination. If this Agreement is terminated, assets acquired in whole or in part with funds provided under this Agreement shall be the property of the Municipality so long as said assets are used by the Municipality for the purpose of a landfill abatement program approved by the County. a 11.06 0 IN WITNF,SS WI�EREOF, the parties hereunto set their hands as of the dates first written above: COUNTY OF ANOKA By: Dan Erhart Anoka County Board of Commissioners Date: ATTEST: John "Jay" McLinden County Administrator Date: Approved as to form and legality: Assistant County Attorney CITY OF FRIDLEY- I� Name: Title: Date: Municipality's Clerk Date: Approved as to form and iegality: s 11.07 Multi-unit Recycling Action Plan City/Township of Fiu d �(,u Developed by �!�Qv1,�. � Date Q // C% (� Exhibit A The Ciry/Township of �/u,C� ��Q,y will provide recycling assistance to 3, SI O units within multi-unit complexes. A multi-unit Eask force was set up on � ma�ciinum budget of $ Q�� is determaned by .�� .��. units x$6 per unit. Containers 3�� D# containers x$ � pe.r container =$ ` # containzrs x $ per contai.ner = $ Promotion # brochures x $ � a per piece = $ �3l � � _$ _$ _$ Grant total requested for multi-unit recycling =$ �� 4 � 11.08 F�hibit B GUIDELINES �-TI UNIT RESIDENI'IAL RECYCLING PROGRAM Proposed funding allocation: 1. $5.00 per unit for containers. 2. $1.00 per unit for promotion and assistance. The funding is available with the following action: 1. Deveiopment of a multi-unit recyciing action plan. 2. The muaicipalities would have to make site visits and meet with apartment management. 3. A multi-unit task force consisting of multi-urut managers and recycling seivic� providers would be set up. 4. . The money would be received after receipt of a paid receipt or purchase order., Purchase orders are necessary for the purchase of containers, s�nce most cities do not have excess funds available-to pay.bills .. Cia�catioas: l. . Mobile homes are eligible for the multi-unit gramt prog*am. 2. Compiexes, including condominiums, with four or more units are eligible, however, four unit buildings should be added to curi�side programs if possible. 3. Containerization can include individual dwelling unit containers, central collection recycling containers for collection and screening to contain the central collection recycling containers. 4. Promotion can include printed material such as brochures, posters, letters and hired staff necessary to complete the multi-unit grant program. 5. Agreements will be available at the October Task Force meeting. 6. The Muiti-unit action plan will be Exhibit A to the agreement and must be to the counry by Ma�h 31, 1996. 7• `I'he program must be complete by December 31, 1996. 8. Municipai fi;nding should be used for the multi-unit progr�n rather tha.n leaving a suiplus for i996. 11.�9 MEMORANDUM DEVELOPMENT DIRECTOR DATE: October 10, 1996 TO: Wlliam Bums, City Manager �� FROM: Barbara Dacy, Community Development Director Grant Fernelius, Housing Coordinator SUBJECT: Consider Agreement with Center for Energy Environment (CE� to Administer Home Improvement Grant Program Background Since 1993, the City has sub-contracted with the Anoka County Community Action Program (ACCAP) to administer a portion of the Home Improvement Grant Program. Under this arrangement, City staff are responsible for taking the applications, determining eligibility and referring successful candidates to ACCAP for further processing. ACCAP, in tum, performs the following functions: 1) Conducts initial inspection. 2) Prepares work write-up and bid documents. 3) Monitors the rehabilitation work. 4) Performs interim and final inspections. 5) Releases payment to the contractor/s. 6) Files all necessary papervvork to record the lien and obtain reimbursement from Anoka County. As compensation for its services, ACCAP charges 11 % of the program budget. Attached is a matrix which shows the number of grants issued over the last 3 years and the amount of funds paid to ACCAP for administration. As you can see, ACCAP has processed a total of 44 grants and received $71,388 in fees (average of $1,622 per grant). This amount is almost double what CEE would charge and includes greater responsibilities. What follows is a. summary of the agreement with CEE. 12.01 Memo Regarding CEE Agreement October 10, 1996 Page 2 Administra#ive Responsibiiities As opposed to shared administration with City staff, CEE wiil be responsible for the entire program. This approach will place all administrative functions within one agency. Customers will be better served by dealing with one staff person from the start and will only go through one application process. CEE will use a pertormance-based system for compensation whereby they are paid only for the grants issued. CEE will receive $875.00 per grant. As mentioned .above, this amount is approximately 50% less than ACCAP. As a result, the funds can be farther to assist more families. Terms of Aqreement The agreement with CEE is identical to previous agreements with ACCAP, except for the changes noted above. The agreement contains the following provisions: The program is funded under the 1996 CDBG program and has a budget of $124,223. Federal regulations allow the City to use up to 14% of the funds for administration, however 11% was set aside when the CDBG application was prepared in February. Assuming that the program can support between 9 or 10 grants (average of $12,000 each), the administration costs will be in the range of $7,875 to $8,750. 2. The term of the agreement runs from October 15, 1996 to December 31, 1997. The termination date coincides with the final date by which the funds must be spent 3. As described above, CEE will administer all facets of the program, including application in-take, file processing, inspections, work write-ups, assisting homeowners in collecting and evaluating bids, monitoring the rehabilitation work, conducting interim and final inspections and issuing payment to the contractors. The City will receive monthly reports from CEE on how many files are in process. 4. CEE will be paid $875.00 for each grant issued. The administration costs are reimbursable through the CDBG program. 12.02 Memo Regarding CEE Agreement October 10, 1996 Page 3 A copy of the administrative services agreemerrt with CEE is attached. The HRA will consider a separate agreemerrt for the HOME program at their October 10, 1996 meeting. Recommendation Staff recommends that the City Council approve the attached Agreement for Adminis#rative Services with the Center for Energy Environment for the Home Improvement Grant Program. GF/ •. -:� C:�WP�HRAMEET1�1996�COUNCIL 12.03 Fridley Home Improvement Grant Program Funding Summary 1993-95 Total Year Budget 1995 $124,210 1994 $217, 362 1993 $267, 280 608 852 . __,,, $13,663 $23,332 $25,153 62 148 Total Total Insp. Total Grants, Cost Cost Issued $1,680 $15,343 8 $3,150 $26,482 15 $4, 410 $29, 563 21 9 240 71 388 44 12.04 Average Admin. Cost $1,918 $1,765 $1,408 1 622 AGREEMENT FOR ADMINiSTRATiVE SERVICES between CENTER FOR ENERGY AND ENViRONMENT,�INC. and CITY OF FRIDLEY (1996 CDBG Program) THIS AGREEMENT, made this 15th day o# October, 1996, the date of the signatures of the parties herein notwithstanding, by and befinreen the City of Fridley, a public body corporate and politic under the laws of the State of Minnesota (the "City"), and the Center for Energy and Environment, Incorporated, a 501(c)(3) non-profit corporation, with its offices at Butler Square Building, 100 North 6th Street, Suite 412 A, Minneapolis, Minnesota 55403-1520 (the "Contractor"). WITNESSETH THAT: WHEREAS, Title I of the Housing and Community Devetopment Act of 1974, as amended, provides for a program of Community Development Block Grants; and WHEREAS, the City of Fridley has submitted an application for the Urban Anoka County Community Development Block Grant Program; and WHEREAS, said application has received approval by Anoka County and the United States Department of Housing and Urban Development for the expenditure of funds, in part, to deliver the Fridley Home Improvement Grant Program (the "Program"); and WHEREAS, the Contractor has agreed to administer said Program for the City, which proposal has been accepted by the City. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree. as follows 1. TERM The project to be accomplished by the Contractor hereunder sha{I run from October 15, 1996 to December 31, 1997 unless earlier terminated as provided herein, or until all obligations set forth in this Agreement have been satisfactorily fulfilled, whichever occurs first. 1 12.05 AGREEMEfVT FOR ADMiNISTRATiVE SERVICES City of Fridley / CEE 10 2-96 2. SERVICES TO BE PROVIDED A. The Contractor shali provide the following services to administer the Prog ram : (1) Coordinate marketing efforts with the City and answer questions from interested parties concerning the Program. In addition, the Contractor shall maintain up-to-date application materials including, but not limited to, application forms, program brochures and related literature. {2) Receive applications from interested parties and determine eligibility status with regard to household income, amount of assets, ownership status, type of property and other criteria as specified by the City. (3) Notify applicants in writing within 10 business days of receipt of application as to their eligibility status. If an application is incomplete, the Contractor shall notify the applicant within the 10 day period to request additional information. (Applicants which qualify for the Program are defined as "Program Recipients".) (4) Verify property title records to determine whether applicant has good title to the property; confirm in writing that the applicant is current on property taxes and mortgage payments and that there are no unsatisfied judgements or liens. In addition, Contractor shall prepare the necessary Repayment Agreement to be signed and recorded prior to the start of the rehabilitation work. (5) Within 30 business days of receipt of application, the Contractor shall schedule and conduct an inspection of the applicant's property. Said inspection shall be conducted by qualified personnel of the Contractor who are trained and experienced in housing rehabilitation. Said inspection shall be used as the basis of preparing a scope of work and related project specifications. The Contractor and City will meet to review minimum rehabilitation standards, eligible improvements, minimum product quaiity, work write-up format, and bidding procedures. Said scope of work 12.06 AGREEMENT FOR ADMINISIRATIVE SERVICES City of Fridley / CEE 10-2-96 shall be completed and retumed to the Program Recipient within 60 days of receipt of appiication. (6) Contractor shall provide guidance to the Program Recipient on obtaining estimates and assist the Program Recipient in evaluating the estimates. Program Recipients shaU have 30 days to obtain estimates. (7) Meet with Program Recipients to review estimates and assist them in selecting a remodeling contractor per the Program requirements. (8) Contractor shall submit complete file with all original documents to the City ior review and approval. Upon City approval, the Contractor shall schedule and conduct a pre-construction conference with the Program Recipients and the remodeling contractor prior to commencement of the work. Contractor shall review the responsibilities of each party, procedures for payment and any other pertinent details. Fnally, both parties shall execute a contract to secure performance of the project and Contractor shall issue a Proceed to Work Order. � (9) Contractor sha{I insure that the successful remodeiing contractor complies with the applicable HUD and County regulations. In addition, Contractor shall monitor performance of the rehab- ilitation work and assist Program Recipient in resofving disputes with the remodeling contractor/s, as necessary. (10) Conduct interim ar►d fina! inspections and prepare the necessary documents to process payment to the contractor. B. In addition to the processing steps outlined above, the Contractor shafl provide the following senrices: (1� Comply with the Housing Rehabilitation Procedures Guide, as amended from time to #ime. (2) P�ovide the City of Fridley with monthly reports on the status of program applications. 3 12.07 AGREEMENT FOR ADMINISTRATIVE SERVICES City of Fridiey / CEE 10-2-96 (3) Make payments to contractors on a timeiy basis, in compliance with the Federal "three-day rule". (4) Acquire mechanic's tiens from al! contractors, subcontractors, and material suppliers, prior to release of any payments. C. The Contractor shall proceed with the administration of the Program as contained in the Program Budget, attached as Exhibit A and made a part of this Agreement by reference, representing Contractor's minimum responsibilities to the extent that said proposals have not been accomplished prior to the date of this Agreement as entered into and to the extent said proposals do not contradict the standards and requirements referred to above. D. It shall be the responsibility of the Contractor to meet all standards and satisfy all requirements expressed in Title I of the Housing and Community Development Act of 1974 as amended and the HUD Implementary Regulations at 24 CFR, Part 570, and any other applicable federal statutes, rules, or regulations established now or hereafter, and any applicable statutes, rules, regulations, or guidelines established now or hereafter by the State of Minnesota or any of its agencies. Should it appear to the Contractor at any time during the course of implementing said project, that the work to be done has not been explained or described in sufficient detail, or with sufficient clarity, or should it appear that any plan, proposal, or other material conflict with any standards or requirements imposed by statute, regulation, or HUD, the Contractor shall promptly contact the City's Housing Coordinator or other designated representative. In no event shall the Contractor proceed with administration of said project in uncertainty. The Contractor shaii comply with the following requirements and standards of OMB Circular No. A-122, "Cost Principles for Non Profit Organizations" or OMB Circular No. A-21, "Cost Principles for Educational Institutions°, as applicable, and with the following Attachments to OMB Circular No. A-110: (1) Attachment A, "Cash Depositories", except for paragraph 4 conceming deposit insurance; (2) Attachment B, "Bonding and Insurance'; (3) Attachment C, "Retention and Custodia! Requirements for 4 12.08 � AGREEMENT FOR ADMINISTRATIVE SEHVICES City ot Fridley / CEE 10-2-96 Records", except that in lieu of the provisions of paragraph 4, the retention period for records pertaining to individual CDBG activities starts from the date of submission of the annual performance and evaluation report, as prescribed in 570.507, in which the specific activity is reported on for the final time; (4) Attachment F, "Standards for Financial Management Systems"; (5) Attachment H, "Monitoring and Reporting Program Performance", paragraph 2; (6) Attachment N, "Property Management Standards', except for paragraph 3 concerning the standards for real property, and except that paragraphs 6 and 7 are so modified so that (i) In all cases in which personal property is sold, the proceeds shall be program income, and (ii) Personal property not needed by the subrecipient for CDBG activities shall be transferred to the recipient for the CDBG program or shall be retained after compensating the recipient; and (7) Attachment O, "Procurement Standards". 3. PROJECT METHODOLOGY AND PROCEDURE The Contractor, in providing the services described in Section 2 of this Agreement, shall employ methods and procedures that are deemed to be appropriate, reliable, and professional by individuals, firms, and associations regularly engaged in work of a similar nature. The methods and procedures employed shall include those required by the sources of authority specified in Section 2, herein, but shall not necessarily be (imited to such methods and procedures. 4. PROJECT EVALUATION AND ACCEPTANCE In order that the City may be kept informed of the Contractor's progress and properly evaluate the success of the Contractor in achieving the Agreement goals, the City 5 12.09 AGREEMENT FOR ADMINISTRAl7VE SERVICES City of Fridley / CEE 10-2-96 may make suggestions, criticisms, and recommendations to the Contractor and the Contractor shall on a monthly basis and at other times upon request by the City, send a written progress report to the City's Housing Coordinator. Said report shall a) summarize the activities and progress of the Contractor to date, b) detail special problems or difficulties that have arisen during the course of the project which need to be brought to the attention of the City and c) summarize any other information, problems, or proposals which the City needs to know in order to properly evaluate the actions of the Contractor in working towards the Agreement goal. The Contractor shall thoroughly and conscientiously implement the proposals, recommendations, and criticisms of the City or its designated representative, in writing, before proceeding further with the implementation of the program so that the goals of this Agreement may be met to the satisfaction of the City. Any deviations from the goals, standards, and requirements of the project as : determined by said designated representatives of the City shall be corrected by the Contractor before proceeding further with the implementation of said project. 5. PROJECT_ADMINISTRATION, PERSONNEL. AND RECORDS A. The Contractor shall engage in the implementation of the Program, such individuals as are necessary for its proper completion. The Contractor warrants and represents that all of its employees shall be properly trained, competent and qualified to perform the tasks assigned to them. The Contractor shall provide the City with such information regarding the qualifications of said individuals as required by the City to verify that present and subsequent services are being rendered by competent and trained people. All individuals engaged by the Contractor to perform services under this Agreement must receive express approval of the City before commencing any services under the Agreement. Any or all of said individuals may be regular employees of the Contractor or may be specifically employed by the Contractor as independent contractors to work on the implementation of said project. However, the Contractor shall not subcontract with any other firms, associations, consulting agencies, or other organizations for the implementation of the Program, without the expressed written approval of the City. B. The Contractor shall maintain records on all individuals employed by it in the implementation of the Program. Said records shall show the name and qualifications of each such individual, the hourly rate of pay for each such individual, and the number of hours worked by each such � 12.10 AGREEMENT FOR ADMINISTRATIVE SEFMCES City of Fridley / CEE to-2-96 individual, and the days on which such hours were worked. The Contractor shall also maintain, and complete in correct form, ail other records required by the rules, regulations, or guidelines of HUD or by Title I of the Housing and Community Development Act of 1974 as amended and the HUD Implementary Regulations at 24 CFR, Part 570. The Contractor further agrees to maintain all such required records for three years after receipt of final payment or until all other pending matters are closed. 6. DATA PRIVACY All data collected, created, received, maintained, or disseminated, or used for any purposes in the course of the Contractor performance of this Agreement is governed by the Minnesota Govemment Data Practices Act, Minnesota Statutes 1984, Section 13.01 et. seq. or any other applicable State statutes and any State rules adopted to implement the Act, as well as State statutes and Federal regulations on data privacy. The Contractor agrees to abide by these statutes, rules, and regulations and as they may be amended. 7. NONDISCRIMINATION A. General The Contractor shall comply with all federal, state, and local laws prohibiting discrimination on the basis of age, sex, marital status, race, creed, color, national origin, sexual orientation, or the presence of any sensory, mental, or physical handicap or any other basis now or hereafter prohibited by Law. These requirements are specified in Section 109 of the Housing and Community Development Act of 1974; Civil Rights Act of 1964, Title VI; Civil Rights Act of 1968, Title VIII; Executive Order 11063; Executive Order 11246; Section 3 of the Housing and Urban Development Act of 1968; and Minnesota Statutes Chapter 363. Specifically, the Contractor is prohibited from taking any discriminatory actions defined in the HUD Regulations at 24 CFR 570.602(b) (1-3) and shall take such affirmative and corrective actions as are required by the Regulations at CFR 570.602(b)(4). B. Program Benefit The Contractor shall not discriminate against any resident or Program � 12.11 AGREEMENT FOR ADMINISTRATIVE SERVICES City of Fridiey / CEE 10-2-96 recipient by denying benefit from or participation in�any block grant funded activity on the basis of race, color, sex, or national origin. (Civil Rights Act of 1964, Title VI; Civil Rights Act of 1968, Title VII; Section 109, Housing and Community Development Act of 1974). C. Fair Housinq The Contractor shall take necessary and appropriate actions to prevent discrimination on the basis of Minnesota State law or federal law in federally assisted housing and lending practices related to loans insured or guaranteed by the federal government. (Civil Rights Act ofi 1968, Title VII; Executive Order 11063; Minnesota Statutes Chapter 363). D. Employment In all solicitations under this Agreernent, the Contractor shall state that all qualified applicants will be considered for employment. The words "equal opportunity employer" in advertisements shall constitute compliance with this section. 2. The Contractor shall not discriminate against an employee or applicant for employment in connection with this Agreement because of age, marital status, race, creed, color, national origin, sexual orientation, or the presence of any sensory, mental, or physical handicap, except when there is a bona fide occupational limitation. Such action shall include, but not be limited to the following: Employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for #raining. (Executive Order 11246 as amended and Minnesota Statutes Chapter 363.) 3. To the greatest extent feasible, the Contractor shall provide training and employment opportunities for lower income residents within the area served by block grant assisted projects (Section 3, Housing and Community Development Act of 1968, as amended). 8 12.12 AGREEMENT FOR ADMINISTRATIVE SEHVICES City of Fridley / CEE 10-2-96 E. Contractors and Suppliers 1. No contractor, subcontractor, union, or vendor engaged in any activity under this Agreement shall discriminate in the sale of materials, equipment, or labor on the basis of age, sex, marital status, race, creed, color, national origin, sexual orientation, or the presence of any sensory, mental, or physical handicap. Such practices include upgrading, demotion, recruiting, transfer, layoff, termination, pay rate, and advertisement for employment. (Executive Order 11246 as amended and Minnesota Statutes Chapter 363). 2. All firms and organizations described above shall be required to submit to the Agency certificates of compliance demonstrating that they have, in fact, complied with the foregoing provisions; provided, that cert'rficates of compliance shall not be required from firms and organizations on contracts and/or yearly sales of less than $10,000. 3. To the greatest extent feasible, the Contractor:shall purchase supplies and services for activities under this Agreement from vendors and contractors whose businesses are located in the area served by block grant funded activities or owned in substantial part by project area residents. (Section 3, Housing and Communiry Development Act of 1968, as amended.) F. Notice The Contractor shall include the provisions of the appropriate subsections A, B, C, D, and E of this section in every contract or purchase order for goods and services under this Agreement and shall send to each labor union or representative of workers with which it has a collective bargaining Agreement or other contract or understanding a notice advising the said labor union or worker's representative o# the commitments made in these subsections. 2. In advertising for employees, goods, or services for activities under this Agreement, the Contractor shall utilize minority publications in addition to publications of general circulation. 0 12.13 AGREEMENT FOR ADMINISTRATIVE SERVICES City of Fridlsy / CEE 10-2-96 8. EARLY TERMINATION This Agreement may be terminated by the City at any time, with or without cause, upon 30 days written notice, delivered by mail or in person, to the Contractor. This Agreement may be terminated by the City immediately upon the receipt by the City of notice of the loss of federal funding for the Community Development Block Grant Program (CDBG). For purposes of giving notices hereunder, the address of the Contractor is The Butler Square Building, 100 North 6th Street, Suite 412-A, Minneapolis, Minnesota 55403-1520. Upon termination, the Contractor shall be entitled to receive as compensation, payment for work actually performed to the date of termination as determined by the schedule of payment referred to in Section 10 (Compensation). 9. DEFAULT AND REMEDY A. Any of the following constitutes a default on the part of the Contractor: (1) Failure to proceed with the implementation of the Program at a pace reasonably calculated to implement such program within the time limits stated herein; (2) Failure to conscientiously abide by the directions of the City. (3) Failure to abide by any other term or condition of this Agreement. B. In the event of default, the City shall have the option of terminating this Agreement upon written notice of termination sent to the Contractor at its address written above. Termination shall be effective immediately upon receipt of notice of termination by the Contractor, or at such later date as the written notice shall state. Upon termination, the City may recover from the Contractor any and all damages directly or consequently arising out of the breach of this Agreement or fiailure to perform the same by the Contractor. 10. COMPENSATION A. Administrative Services As compensation for the services to be performed hereunder by the Contractor, the Contractor shall be paid a fixed fee of $875.00 per grant io 12.14 AGREEMENT FOR ADMINISTRAl1VE SERVICES City of Fridley / CEE 10-2-96 made. The Contractor shalt invoice the City for services rendered after the grant has been approved and a Proceed to Work Order has been issued by the City. The Contractor may submit one invoice per month, which shaA cover the grants made during that month. The City shall provide the Contractor with the appropriate forms and documents to submit for reimbursement. B. Rehabilitation Assistance The Contractor shail submit a separate invoice for each grant made. The invoice shall state, a# a minimum, the name of the Program Recipient, their address, and the full amount of grant. Within 15 days of receipt of the invoice, the City shall remit to the Contractor a check for the amount of the grant. . Said funds shall be deposited into an interest- bearing checking account, held in trust for the City. The Contractor shall issue payment to the remodeling contractors as work is completed. Before issuing payment to a remodeling contractor, the Contractor must do the following: (1) Inspect the wo�lc to ensure that it has been completed satisfactorily. - (2) Obtain a signed lien waiver from the contractor, subcontractor and/or material suppliers for the amount of #he work. (3) Obtain the signatures of the homeowner and the remodeling contractor. (4) Verify with the City that a permit has been obtained for the work performed and that the remodeling contractor is properly licensed. 11. INDEPENDENT CONTRACTOR The relationship of the Contractor to the City is that of an independent contractor. Nothing in this Agreement shall be construed so as to deem any employee or agent of the Contractor an employee of the City for any purpose. 11 12.15 AGREEMENT FOR ADMINISTRATIVE SERIACES City of Fridley / CEE �o-2-ss 12. GODDS AND SERVICES NOT PROVIDED FOR No claim for goods or services fumished by the Contractor not provided for by the terms of this Agreement, or by duly authorized alterations or modifications of #his Agreement, will be honored by the City. 13. CHANGES IN THIS AGREEMENT The City shall notify the Contractor in writing at least five days before any change in this Agreement is to take effect. 14. ASSIGNMENTS AND SUBCONTRACTING A. The Contractor shall not assign any portion of this Agreement without the written consent of the City, and it is further agreed that said consent must be sought by the Contractor not less than thirty (30) days �rior to the date of any proposed assignment. B. Any work or services assigned or subcontracted hereunder shall be subject to each provision of this Agreement and proper bidding procedures contained therein. The Contractor agrees that it is as fully responsible to the City for the acts and omissions of its subcontractors and of their employees and agents, as it is for the acts and omissions of its own employees and agents. y 5. INDEMNIFICATION The Contractor agrees to indemnif�r, defend, and hold harmless the City (incfuding its Council members, officers, and employees) from all claims, losses, or damages which they, or any of them shall be legally obligated to pay as a consequence of any negligent act or omission, any intentional tort, or any vioiation of the terms of this Agreement, by the Contractor (including its officers, employees, and agents) in the performance of its services that are the subject of this Agreement. 1fi. REVERSION OF ASSETS Upon the expiration or termination of this Agreement, the Contractor shall transfer to the City any CDBG funds on hand or in ihe accounts receivable attribu#able to the 12 12.16 AGREEMENT FOR ADMINISTRATiVE SERVICES City of Fridley / CEE 10-2-96 use of CDBG funds. In addition, at the expiration or termination of this Agreement, any real property under the Contractor's control that was acquired or improved in whole or in part with CDBG funds in excess of $25,000.00 shall be disposed of in a manner which results in the agency being reimbursed in the amount of the current fair market value of the property less any portion thereof attributable to the expenditures of non-CDBG funds for acquisition of, or improvement to, the real property. Such reimbursement shall not be required if the conditions of 24 CFR State Statute 570.503(b)(8)(i) are met and satisfied. 17. DISPOSITION OF PROGRAM �NCOME Upon the expiration or termination of this Agreement, program income shall be returned by the Contractor to the City. 18. INSURANCE The Contractor shall comply with the following insurance requirements: A. Public Liability Insurance The Contractor shall obtain and maintain continuously during the term of this Agreement general liability insurance of an amount not less than One Million and no/100 ($1,000,000.00) Dollars which covers bodily injury and property damage and an umbrella excess liability policy of Three Million and no/100 ($3,000,000.00) Dollars and provide proof of Worker's Compensation Insurance pursuant to the Statutes of the State of Minnesota. The general liability insurance policy and umbrella excess liability policy shall name the City as an additional insured. B. Proof of Insurance The Contractor shall provide certificates of insurance required under this section, or, upon request of the City, duplicates of the policies as evidence of the insurance protection afforded. Such insurance policies shall not be reduced or cancelled without sixty (60) days prior written notice to the City. 19. ENTIRE AGREEMENT/REflUIREMENT OF A WRITING It is understood and agreed that the entire Agreement of the parties is contained 13 12.17 AGREEMENT FOR AOMINISTRATIVE SEHVICES City of Fridley 1 CEE �a2-ss herein and that this Agreement supersedes atl oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous Contract presently in effect between the City and the Contractor relating to the subject matter hereof. Any alterations, variations, modifications, or waivers of the provisions of this Agreement shall be valid only when they have been reduced to wri#ing and duly signed by the parties. � 20. EXHIBITS The foAowing attachmer�ts listed below are hereby incorporated in this Agreement and made a part hereof: Exhibit A - Program Budget Euhibit B - Certification Exhibit C- 24 CFR 85; Contracting with small and minority firms, women's business enterprise, and labor surplus area firms. IN WITNESS WHEREOF, the parties here hereunder set their hands as of the date written below: CtTY OF FRIDLEY �'�J William J. Nee, Mayor Date : William W. Burns, City Manager Date C:\WP�HOUSI NG\GRANT.PRG\CEECONTR CENTER FOR ENERGY AND ENVIRONMENT, INC. � Sheldon Strom, Executive Director Date 14 12.18 AGREEMENT FOR ADMINISTRATIVE SEFMCES City of Fridley / CEE �a2-ss Source 1996 CDBG Allocation Uses Home improvement Grants Program Administration EXHIBIT A 15 12.19 Amount $124,223 $110,558 $13,665 $124,223 AGREEMENT FOR ADMINISTRATIVE SEF;NICES City of Fridley / CEE 10.2-96 EXHIBIT B CERT1FiCATION The Undersigned, on behalf of the Agency, certifies, to the besl of his or her knowledge and belief, that: (1) No Federal appropria�ed funds have been paid or will be paid, by or on behalt of the undersigned, to any person for inffuencing or attempting #o inf(uence an otficer or empioyee oi any agency, a Memb�r of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contraci, the making of any Fede.ral grant, the makino of any Federal ioan, The entering into of any cooperative agreement, and the extension, continuati�n, renev✓al, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) !f any funds other than Federal appropriated funds have b�en paid or will be paid to any person for influencing or attempting to influence an ofFcer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an empioyee of a Member of C�ngress in connection with this Federal contract, grant, loan, or cooperative agre�ment, the undersigned shail comp(ete and submit Standard Form -LLL, "Disclosure Form to fteport Lobbying," in accordance wiih_ its instrucfions. (3) The undersigned shall require that fhe Ianguage of this certifcation be included in the award documents for a11 subawards at al! tiers (including subcontracts, subgrants, and contracts under granis, loans, and cooperative agreements) and that afl subrecipients sha(I cerfify and disctose accordingl}�. - This certification is a mai�ria! representation of fact upon which reliance �vas placed �v;�en itiis transacfion was made or entered into. Submission of this certifcation is a prerequisite for making or entering into this transaction imposed by sectio� 1332, title 3i , U_S_ Code. Any person wh� ' faiis to fiie the required certifica#ion sha11 be subject to a civii penalt}� of not less fh�n S10,0�� an4 not more than St00,00� ;or each such failure. : : Date Date 16 12.20 AGREEMENT FOR ADMINISTRqT1VE SERVICES City of Fridley / CEE 10-2-96 EXHIBIT C (24 CFR 85) Admi�istrative Requirements for Grants and Cooperative Agreements to State, Loca( & Federafly Recognized lndian Tribal Governments {e, Lontroc:rng w�tn smo:t cnd minc�ri: v �irms. women's business en[e: pr;se ond /nbo� s�rplus oreo jir..:s. (lj The gr2ntee and sabgrante� will ta�e all �•eces- �:y affr.r.aiive siep3 to assLre that mino:ity �rms_ womeri s business entetprises. and laboc surp]us area fir�s zre used when possible_ _ (2j Aliiraative steps snall indude: (iJ Placing qualified smal( and minorit}• businesses znd women"s business er.te:-p:ises on solicitation lists: (iij Ass:::i�g tnat snall zad minorirv businesses: znd wo :�en's busiaess entecp;ises are solicite� waenever tnet• ar� po:en:ial so�rces: + {iiij Diti•iding total requiretaenu: waez econom:caliy ieasible_ into sma33�r us;cs ' i c: qaan:ities io perm=t ma�tirr.�a � pz::itipat:�n b} smalI,and r..ino:itr ��s:aes�. z�� we:�er_'s oesin�ss � e:terp.ises: (:r) rs:a�lis'r.i .5 e��irar_.-u: ecn)es_ ! N-he_ _: ��P .e�_i--�._ : �e_^..s. �c :i�= � e�cc�.-zge ?a_:iL7a�tic : �r s-z1. a :c � n_no�iii• besina5s. c_^.0 x•o^en-s 5:,s:�ess e ::e�rses: - i !��? L's;,� Ine se�-ites ar.c� ess:sta.-.c� � ,. . :e 5-a:i 3es:ncss �c: i��strate=-- i --•= �n" �`-_�rn- �_s�:�<5 Deveio�re-: � ;�>��.- __ _�e Dera=----- _, c; Co-:--•_--- � (ti•if Re^_i-i�; t^e .- :: :e co�:rac:c.-_ r I :�co: _racts a:e :c ne 1°:_ i� l�xe t: e � :3: :��ti�•e ste�s l.stec� ir. pa:a�rzn^� � �r'1 (ii t'�O:l_� �_•_ Qi Ih:S 5°�t�0: _ 1% 12.21 TO: WILLIAM W. BIIRNS, CITY MANAGER G�'`1'� FROM: WILLIAM A. CIiAMPA, CITY CLERR AND CHARTLR COMMISSION STAFF LIAISON SIIBJECT: AMENDMENTS TO SECTION 2.06.01 OF THS FRIDLEY CITY CIiARTEI�t DATE: OCTOBER 10, 1996 At the September 30, 1996 meeting of the Fridley Home Rule Charter Commission the attached amendments to Section 2.06.01 of the Fridley City Charter were approved by the Charter Commission and recommended to the City Council. On behalf of the Charter Commission I request that Council establish a public hearing for the November 25, 1996 Council meeting. • Attachments 13.01 ORDINANCL NO. AN ORDINANCE AMENDING SBCTION 2.06.01 OF THE FRIDLSY 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 2 CITY COUNCIL ORGANIZATION Section 2.06. VACANCIES IN THE COUNCIL. 1. A vacancy in the Council shall be deemed to exist in case of the failure of any person elected thereto to qualify on or before the date of the second regular meeting of the new Council, or by reason of the death, resignation, removal from office, removal from the City, removal of a ward councilmember from that ward, continuous absence from the City for more than three (3) months, or conviction of a felony of any such person whether before or after their qualification, or by reason of the failure of any councilmember to perform �-a€ the duties of inembership in the Counc-il for a period of three (3) months. In each such case, within thirty (30) days the Council shall by resolution declare a vacancy to exist. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1996. ATTEST: WILLIAM A. CHAMPA - CITY CLERK Public Hearing: First Reading: Second Reading: Publication: 13.02 WILLIAM J. NEE - MAYOR City of Fridley TO: William W. Bums, City Manager ,� � PW96-223 � FROM: John G. F1ora,�Public Works Director ¢:!_ Jon Wilczek, Asst Public Works Director �, DATE: October 14, 1996 SUBJECT: Stonybrook Creek Change Order No. 2 During the course of construction, it became apparent that several of the residents along Stonybrook Creek wanted the area of the creek filled substantially more than what was shown in the original contract. To comply with these requests, we found it necessary to increase the square footage of wall used east of Alden Way and also to increase the amount of #ill along the route where a pipe was placed in lieu of keeping an open creek. The tota2 increase of retaining wall was 593 square feet. The total increase of granular fill was 3,487 cubic yards. This resulted in a total increase of $24,900.50, bringing the contract to a total amount of $352,496.65. Due to reduction in quantities in other areas of the contract, it is felt that the total cost will come in substantially lower than the $352,496.65 total contract. Recommend City Council approve Change Order No. 2 to the Stonybrook Creek Bank Stabilization Project No. 246 to Schield Construction Company in the amount of $24,900.50 for a total contract cost of $352,496.65. Jw/JGF:cz Attachment 14.01 CiTY OF FRIDLEY ENGINEERING DEPAR,TMENT 6431 UNIVER.SITY AVENUE N.E. FRIDLEY, MN 55432 October 14, 1996 Schield Construction Company 13604 Ferris Avenue Apple Valley MN 55124 SUBJECT: Change Order No. 2, Stonybrook Creek Bank Stabilization Project No. 246 Gentlemen: To provide the grading, sloping and increased filling requested by the property owners along Stonybrook Creek, it will be necessary to increase the quantity of common borrow and multi-block earth retaining system. You are hereby ordered, authorized, and instructed to modify your contract for the. Stonybrook Creek Bank Stabilization Project No. 246 by adding the following work: Addition: Item 1. Common Borrow 2. Multi-block earth retaining system TOTAL CHANGE ORDERS: uantit 2,487 GY 593 SF � Price 4.17 17.47 m unt 14,540.79 10,359.71 TOTAL ADDITIONS . . . . . . . . . . . . . . . . $24.900.50 Original Contract Amount . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $320,596.15 Contract Additions - Change Order No. 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $7,000.00 No.2 ................................. 24,900.b0 REVISED CONTRACT AMOUNT $3�2 496.65 14.02 Schield Construction Company Change Order No. 2 October 14, 1996 Page 2 Submitted and approved by John G. Flora, Public Works Director, on the 14th day of October, 1996. Prepared by �� '� , � � /�;"� // I. <. �� ,, i !/�! �;� .�,= C ecked by v ' � ,> �; , / , . Flora, P.E. irector of Public Works Approved and accepted this day of , 1996 by SCHIELD CONSTRIT�TION COMPANY Thomas Schield, President Approved and accepted this day of , 1996 by CITY OF FRIDIrEY VtVilliam J. Nee, Mayor William W. Burns, City Manager 14.03 City of Fridley .�II�;.�I��I'�.��\II►t �.�I TO: William W. Burns, City Manager ,�f� �° PW96-215 . FROM: John G. F1ora,�Public Works Director DATE: October 14, 1996 SUBJECT: Consideration of Resolution Revoking and Establishing State Aid Streets By Resolution No. 63-1996, we revoked the 79th Way, Riverview Terrace, Kimball Street State Aid route and requested establishment of the East River Road Service Drive, S3rd Way, 51st Way and Industrial Boulevard loop as addition to our State Aid system In the resolution, we inadvertently indicated 51st Way ran from East River Road Service Road to Industrial Boulevard To properly reflect the State Aid System, 51 st Way must run from East River Road to Industrial Boulevard. Accordingly, a new resolution must be submitted to properly depict the routing. Request Council adopt the attached resolution revoking and establishing Municipal State Aid streets. JGF:cz Attachment 15.01 RE.907�i'I@1 PU. - 1996 I• 5�� • 1 •I •1° •• Y� • I� � V• : `I.�� I I 1 . V• •�� V�1: �S, it appears to th,e City Cauncil of the City of Fridley that the road h�ereinaftex described shauld be revoked as a Municipal State Aid Street under the pravi.sions of Minnesota laws: . 1�P� Ti�ORE, BE IT RE90LVED, by the City C�ancil of the City of Fridley, Caunty of Anoka, that the road described as follaws, to-wit: �� 79th Way Alden Way to Riverview Terrace Riverview Terrace 79th Way to Kimball Street Kimball Street Rivexview Terrace to East River Rd � �� Miles 309 006 0.18 309 004 0.53 309 002 0•29 Total 1.00 be and hereby is, revoked as a Mwzicipal State Aid Street of said City subject to the approval of the Commissioner of Hic�ways of the State of Minnesota. BE IT FURTl�R RE.SOLVED, it appears to the City Council of the City of Fridley that the streets hereinafter described should be designated as Municipal State Aid Streets under provisions of Minne.sota Laws of 1967, C�apter 162. NOW� Ti�I2EF+ORE, BE IT RESOLVID, by the City Council of the City of Fridley, County of Anoka, that the streets described as follaws, to-wit: l_ �� . �_ East River Road Service Drive - 51st Way to 53n3 Way 53n� Way - East River Road Service Road to Industrial Blvd 51st Way - East River Road to Indu.strial Blvd Industrial Boulevard - 51st Way to 53rd Way Miles 0.323 0.184 0.190 0.249 Total 0.946 be and hereby is est.abli.shed, located and designated a Municipal State Aid Street of said City, subject to the appraval of the Cartunissioner of Minnesata Department of Transportation. 8E IT ��t RE.90Li�ID �T, the City Clerk is hereby authorized aricl direc,� to fonaard two (2) certified copies of this resolution to the Ccxrnnissioner of Highways for his consideration. PASSID AI�ID ADOPI'�D BY � CITY QOLAaCIL OF TI� CITY OF �m_r.FV Tl�S 147� L1AY OF OCZnBER, 1996. ATl'EST: WILI�TAM A. CEIAMPA - CITY CIEftK 15.02 WILI,IAM J. NEE - MAYOR TOr WILLIAM W. BURNS, CITYMANAGER �� FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR SUBJECT: RESOL UTION TO CREATE A ASST. LIQUOR STORE MANAGER POSiT10N DATE: Odober 11, 1996 Over the past few years, numerous events have chang� the course of our long term planning for the Liquor Operations. Since the Liquor Operation Director left, we are having problems providing quality staffing and adequate supervision. Our past organizational plan was based on an expanded operation requiring a somewhat larger and well organized full time staff. We had intended on expanding our operation and adding approximately another $1,500,000 to our goss sales. With a change like this our organizational structure needed some changes to reflect the proper management. What has actually happened, is that with the loss of the "old warehouse" we have effectively downsized. Because of this downsizing, the Liquor Operations Director left our employment and we are left with the remnants of that structure. Cunently we have two store managers and one full-time clerk managing the operation. We have had a significant problem acquiring a reliable part-time staff along with not having enough supervisor.y staff. When I use the term reliable, I mean a reiiable staff that the store managers can count on for routine scheduling. We have had a very difficult time finding part-time employees and have lost a number of the ones we had. Because of the change in the actual management positions, there is a significant burden current on each manger. I am recommending promoting the current Liquor Store Clerk to that of an Asst. Liquor Store Manager and eliminating his vacated position of Liquor Store Clerk. With this change it will provide the e�cisting store managers the ability to delegate some of the work that was previously handled by three managers. It is apparent that the current managers are under a burden providing both work on the sales floor and management of the operation. RDP/me 16.01 RESOLIITSON NO. - 1996 A RESOLIITION DELETING AN AIITHORIZED POSITION IN THE LIQIIOR STORES AND CREATING ANOTHER AIITHORIZED POSITION WHEREAS, changing conditions require the restructuring of full-time authorized positions at the liquor store to assure effective coordination and supervision of staff in order to provide a high level of customer service; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley that the position of Head Liquor Clerk be deleted as an authorized position. BE IT FURTHER RESOLVED that the new position of Assistant Liquor Store Manager be authorized. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1996. ATTEST: WILLIAM J. NEE - MAYOR a WILLIAM A. CHAMPA - CITY CLERK 16.02 TO: WILLIAM W. BURNS, CITYMANAGER �I � .� FROM.• RICHARD D. PRIBYL, FINANCE DIRECTOR SUBJECT.• RESOL UTION DESIGNATING THE TIME AND PLACE FOR A SPECIAL CITY OF FRIDLEY COUNCIL MEETING DATE: October 11, 1996 Attached you will find a resolution that establishes Tuesday, November 12, 1996, as a special City of Fridley Council meeting. This meeting is required to be held in conjuction with the general election that will be held on November 5, 1996. The City of Fridley is required to have the City Council canvass tt�e election returns within seven days after any regular or special election. Since no regularly scheduled meeting falls within that period after the upcoming general election, it is necessary to establish Tuesday. November 12, 1996 as the meeting in which the election results will be canvassed. The attached resolution provides the proper authority to bring Council together for a special meeting for the purpose of canvassing the general election results. 17.07 RESOLIITION NO. - 1996 A RESOLIITION DESIGNATING THE TIME AND PLACE FOR A SPECIAL MEETING OF THE FRIDLEY CITY CODNCIL TO CANVASS GENERAL ELECTION RETURNS WHEREAS, the general election will be held on Tuesday, November 5, 1996; and WHEREAS, according to State law and Section 4.08 of the Fridley City Charter the City Council is required to meet and canvass election returns within seven (7) calendar days after any regular or special municipal election; and WHEREAS, no regular meeting of the Fridley City Council has been scheduled within that time period; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley that the Council wiil hold a special meeting in the Council Chambers of the Fridley Municipal Center, commencing at 7:00 PM on Tuesday, November 12, 1996, to canvass municipal election returns from the November 5, 1996 election and to carry out any.other business which may come before the Council. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1996. WILLIAM J. NEE - MAYOR ATTEST: WILLIAM A. CHAMPA - CITY CLERK 17.�2 � � CffY OF FRIDLEY TO: '�u DATE: William W. Burns M E M O R A N D!�( M City Manager The Honorable Mayor and City Council William W. Burns, City Manager �� October 2, 1996 SUBJECT: 1997 City Council Meetings and Holiday Schedule Attached is a proposed 1997 calendar which indicates City Council meetings and holidays. Whenever possible, we tried to schedule Council meetings on the second and fourth Mondays of each month. Only one Council meeting was scheduled during the month of December. Conference meetings were scheduled during the months of January, February, April, May, July, August, October and November. Budget work sessions were set for June 2, 17 and 24. � Staff recommends that Council approve the attached resolution and the 1997 calendar of City Council meetings and holidays. Thank you for your consideration of this matter. WWB:rsc Attachment 18.01 RESOLUTION NO. - 1996 RESOLUTION DESIGNATING TIME AND NUMBER OF COUNCIL MEETINGS WHEREAS, Section 3.01 of the Charter of the City of Fridley requires that the City Council meet at a fixed time not less than once each month; and WHEREAS, Section 3.01 of the Charter of the City of Fridley requires that the Council shall meet at such times as may be prescribed by resolution; and WHEREAS, it is the intent of the Council to compl1r with the open meeting provisions contained in Minnesota Statutes 471.705 as interpreted by the courts; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley that: 1. The Council will hold regular meetings in the Council Chambers of the Fridley Municipal Center, commencing at 7:30 p.m. on the following Mondays in 1997: January 6, January 27, February 10, February 24, March 3, March 24, April 14, April 28, May 5, May 19, June 9, June 23, July 14, July 28, August 11,: August 25, September 8, September 22, October 13, October 27, November 10, November 24 and December 15. 2. The Council will hold conference meetings at the Fridley Municipal Center, at which time matters are discussed but no formal action is taken, commencing at 7:30 p.m. on the following Mondays in 1997: January 13, February 3, April 7, May 12, July 21, August 18, OCtober 20 and November 17. 3. On the dates of regular Council meetings, conference meetings will be held in the Fridley Municipal Center at 7:00 p.m. and following adjournment of each regular meeting. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF OCTOBER, 1996. WILLIAM J. NEE - MAYOR ATTEST: WILLIAM A. CHAMPA - CITY CLERK '�H.OZ � � c�nr aF FRIDlEY January S M T W T F S s� � s 9iott 12 � 14 15 16 17 18 19 �Q 21 22 23 24 25 26 � 28 29 30 31 Fe ruary S M T W T F S -� 2 Q 4 5 6 7 8 9� 11 12 13 14 15 16 � 18 I 9 2 0 21 2 2 23 � 25 26 27 28 S M T W T F S 5 6 7 �$ 12 13 l4 15 16 18 19 20 21 22 23 25 26 27 28 29 30 1 S M T W T F S 6� 8 9 10 11 12 13 � 15 16 l7 18 19 20 21 22 23 24 25 26 27 � 29 30 May____-__,, S M T W T F S 4 5 7 8 9 10 11 1 13 14 15 16 17 t 8 1 20 21 22 23 24 25 � 27 28 29 30 31 S T W T F S T 8 9 0 I1 12 13 14 15 16 18 19 20 21 22 � 25 26 27 28 29 30 1997 c��NO�� January � New Year's Day ( Czty Councii Meeting 13 Conference Meeting 20 Martin Luther King, J� 2'7 City Council Meeting February 3 Conference Meeting 10 City Council Meeting 1'] President's Day 24 City Council Meeting March 3 City Council Meeting 8 -11 NLC Cong. Cities Conf. (Washington D.C.) 24 City Council Meeting April '7 Conference Meeting 14 City Council Meeting 28 City Council Meeting May $ City Council Meeting 12 Conference Meeting 19 City Council Meeting 2C Memorial Day June 2 Budget Work Session 9 City Council Meeting j 0 -13 LMC Annual Conference (St Ctoud) �7 Budget Work Session 23 City Council Meeting 24 Budget Work Session 18.03 July _ c� Independence Day 14 City Council Meeting 21 Conference Meeting 28 City Council Meeting August 11 City Council Meeting 1 g Conference Meeting 25 City Council Meeting September 1 Labor Day $ City Council Meeting � j Veterans Day it} -17 ICMA Conference (Vancouver) 22 City Council Meeting October 13 City Council Meeting 20 Conference Meeting 2'7 City Council Meeting November ] Q City Council Meeting j'] Conference Meeting 24 City Council Meeting 2'] Thanksgiving 28 Friday ajter Thanksgiving December t� - 7 NLC Congress of Cities (Philadelphia) 15 City Council Meeting 25 Christmas 26 Friday after Christmas � � cmr aF FRIDlEY Ju y S M T W T F S 6 7 8 9 10 11 12 13 15 26 17 18 19 20 22 23 24 25 26 27 29 30 31 August S M T W T F S 3 5 6 7 8 9 10 12 13 14 15 16 17 19 20 21 22 23 24 26 27 28 29 30 31 S M T W T F S 9 10 � l2 13 14 15 16 1 18 19 20 2t 23 24 25 26 27 28 29 30 Octo er S M T W T F S 5 7 8 9 10 11 12 14 15 16 17 18 19 2 21 22 23 24 25 26 2 28 29 30 31 ovem er S M T W T F S 2 4 5 6 7 8 9 11 12 13 t4 15 16 18 19 20 21 22 23 25 26 �1Q � 29 30 Decem er S M T W T F S ��' 4 7> �7 � 9 10 11 12 13 14 16 17 18 19 20 I 21 22 23 24 ��Q 27 28 29 30 3 i X- NOIJDAy O- COIJNC/L M�T/N6 ❑- CONFFJ��Nt'8 MFFfING �- 81/DCFI WORK S�fION 9/26✓96 / � C(TY OF FAIDLEY Type of License• CIGARETTE Terry's Amoco 5311 University Ave Fridley, MN 55432 Twin Cities Stores, Inc 7298 Highway 65 Fridley, MN 55432 University Sinclair 6071 University Ave NE Fridley, MN 55432 FOOD ESTABLISHMENT Terry's Amoco 5311 University Ave NE Fridley, MN 55432 Twin Cities Stores, Inc 7298 Highway 65 Fridley, MN 55432 RETAIL GASOLINE SALES Terry's Amoco 5311 University Ave Fridley, MN 55432 Twin Cities Stores, Inc 7298 Highway 65 Fridley, MN 55432 University Sinclair 6071 University Ave NE Fridley, MN 55432 LICENSES October 14, 9996 By : Terry Presleh Joseph Malone Michael Johnson Terry Presleh Joseph Malone Terry Presleh Joseph Malone Michael Johnson 21.01 Approved Bv• Fees• Dave Sallman $30.00 Public Safety Director " " $30.00 m m m � m �n " $30.00 " $45.00 " $45.00 " $60.00 " $60.00 " $60.00 �r � C(TY OF FRIDLEY Lxc�cNS�cs TEMPORARY OUTDOOR FOOD SALES Bob's Produce Ranch Mike Spiess 7620 University Ave NE Fridley, MN 55432 Dave Sallman Exempt Public Safety Director � � LICENSES CffY OF FRIDLEY ELECTRICAL Bolt Electric 7344 Cedar Ave S Richfield MN 55423 Jay Hermann Current Limited Systems Inc 264 Lafayette Frwy St Paul MN 55107 Craig Gifford Hilite Electric Inc 1953 Shawnee Rd Eagan MN 55122 Sherry Banaszewski J & R Services Inc 6314 Upper 44 St N Oakdale MN 55128 Larry Westbrock J T Electric Service Inc Box 476 ` Albany MN 56307 Terry Oehrlein GAS SERVICES Faircon Service 1891 W Co Rd C Roseville MN 55113-13Q4 Robert Getterz North Metro Heating & Cool 5337 7ackson Dr Mounds View MN 55112 Joseph Mathews Practical Systems 14226 Norden Dr NW Rogers MN 55374 Scott Sporer Superior Htg AC & Electric 115199AveNW Coon Rapids MN 55433 Mark Johnson GENERAL CONTRACTOR-COM1VViERCIAL Mezco Inc 1431 Rosewood Ct New Brighton MN 55112 John Mezzenga 21.03 SYAYE OF MINN Same Same Same Same RON JULKOWSKI Chief Bldg Ofcl Same Same Same RON NLKOWSKI Chief Bldg Ofcl GENERAL CONTRACTOR-RESIDENTIAL Decks Unlimited (4499) 1019 73 Avenue Brooklyn Center MN 55444 Pat Ready Golden Hatchet Roofmg (2003158) 31833 Roanoka St NW Cambridge MN 55008 Hand Dick Construction (7471) 21035 Quinn St NW Cedar MN 55011 Harty John Inc (9387) 9403 Minnesota Lane N Maple Grove MN 55369 William Durant Jr Don Hand John Harty Minnesota Roofing & Remodeling (3983) 6130 Olson Memorial Hwy Golden Valley MN 55422 Brad Langerman Pleasant View Homes Inc (3031) 8310 Pleasant View Dr Mounds View MN 55112 Merl Lensing Professional Builders & Remodelers (20016124) 7532 Chicago Ave S Richfield MN 55423 Mark Reynolds Protective Home Covering Inc (4164) 9929 Pleasant Ave S Bloomington MN 55420 Thurs Construction (9346) 5717 113 Ave N Champlin MN 55316 Winchell K C Co (6872) 5635 Glen Ave Minnetonka MN 55345 HEATING Advantage Air 12906 Ventura Ct #5 Shakopee MN 55379 Steven Forslin Kevin Thurs Kevin Winchell Kent Hoffman 21.04 STATE OF MINN Same Same Same Same Same Same Same Same Same RON JULKOWSKI Chief Bldg Ofcl Advanced Energy Services Inc 3650 Annapolis Ln #105 Plymouth MN 55447-5434 Faircon Service 1891 W Co Rd C Roseville MN 55113-1304 General Sheet Metal Corp 2330 Louisiana Ave N Minneapolis MN 55427 North Metro Heating & Cool 5337 Jackson Dr Mounds View MN 55112 Superior Htg AC & Electric 115199AveNW Coon Rapids MN 55433 MASONRY Norsk Concrete Construction Inc 1115 Osborne Rd NE Minneapolis MN 55432 PLUMBING B & D Plumbing & Heating 4091 MacIver Ave NE St Michael MN 55376 Oak Grove Mechanical 7236 Oak Grove Blvd Richfield MN 55423 Whelan Davis Company Inc 1620 W 98 St Bloomington MN 55431 SIGN ERECTOR Schad Tracy Signs 1610 E Cliff Rd Bldg 5 Burnsville MN 55337 Gaylard Thormodsjard Same Robert Getterz J R McCarthy Joseph Mathews Mark Johnson James Jackson Dennis Daleiden Douglas Waller Mike Whelan 21.05 Same Same Same Same RON JULKOWSKI Chief Bldg Ofcl STATE OF MINN Same Same RON JULKOWSKI Chief Bldg Ofcl � a Cf1Y OF FRIDLEY Frederic W. Knaak, Esq. Holstad and Larson, P.L.C. 3535 Vadnais Center Drive St. Paul, MN 55110 ESTIMATES OCTOBER 14, 1996 Services Rendered as City Attorney for the Month of September, 1996: Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, MN 55432 . . . . . . . . . . . . . . . . . . . . $ 5,259.75 Services Rendered as City Prosecuting Attorney for the Month of June, 1996 : . . . . . . . . . . . . . . �. . . . . $14,774.36 Richmar Construction, Inc. 7776 Alden Way Fridley, MN 55432 Water Treatment Plant Project No. 293 Estimate No. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 84,339.05 Landmark Concrete 17630 Highway No. 65 Ham Lake, MN 55304 MisceNaneous Concrete Curb and Sidewalk Project No. 294 Estimate No. 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,627.19 22.01 DESCRIPTION OF REQUEST: The applicant requests that the City amend the Industrial District requirements to allow day care centers as a special use. The applicant would like to locate the Children's Home Society as a tenant in their building located at 500 - 73rd Avenue. SUMMARY OF ISSUES; The Zoning Code only allows day care centers in the residential (as a special use) and commercial (permitted) districts. They are currently not allowed in industrial districts. There are several types of day care centers to consider when writing regulating standards. These include: 1. Stand-alone centers for use by the general public. 2. Centers for public use within a multi-tenant building. 3. Centers for private use within a multi-tenant building 4. Centers for private use within a single user building. The State building and fire codes have very specific requirements regarding occupancy and separation requirements between adjacent uses. A number of zoning issues should be considered, including floor area, location of outdoor play areas, loading and drop-off locations, pedestrian crossings, and signage. The petitioner requested that day care centers be permitted uses in the industrial districts. Staff believes that the use is most appropriate as a special use in these districts. If the text amendment is approved, the petitioner would be required to apply for, and receive approva! for a special use permit prior to opening a day care at the requested location. RECOMMENDED ACTIONS: The Planning Commission recommended approval of the ordinance change allowing day care centers as a specia! use in both the light and heavy industrial districts. The Commission's approval included eight stipulations that would be included as ordinance language for this amendment. Staff recommends that the City Council concur with the Planning Commission recommendation. 23.01 Staff Report ZTA #96-01, by Northco Corporation Page 2 PROJECT DETAILS Petition For: Location of Property; Legal Description of Property: Size: Topography: Existing Vegetation: Existing Zoning/Platting: Availability of Municipal Utilities: Vehicular Access: Pedestrian Access: Engineering Issues: Site Pianning Issues: A Zoning Code amendment to allow daycare centers in the industrial districts. 500 - 73rd Avenue N.E. Tract B, Registered Land Survey No. 6 Three acres Relatively flat Urban landscape M-2, Heavy industrial Yes 73rd Avenue 73rd Avenue bikeway/walkway 23.02 Staff Report ZTA #96-01, by Northco Corporation Page 3 REQUEST The petitioner requests that the City approve an amendment to the Light and Heavy Industrial districts to allow daycare centers. The petitioner owns the building at 500 73rd Avenue and desires to have The Children's Home Society to locate there as a tenant. The City Code currently does not recognize daycare centers as a permitted use in the industrial districts. PROPERTY DESCRIPTION AND HISTORY The subject parcel currently under consideration is located east of University Avenue on 73rd Avenue. The building at one time housed the oifices for Carter Day. The building was constructed in 1973, with an addition in 1978. The building is 36,000 square feet in area. ANALYSIS When considering an ordinance amendment for this type of use, there are four types of daycare facilities which could exist in the industrial districts. These include: 1. Stand-alone, for public use facilities. 2. For public use facilities located in multi-tenant buildings. 3. For private use facilities located within a multi-tenant building. 4. For private use facilities iocated within a single tenant buiiding. As the City has little vacant industrial land remaining, staff recommends that the City not allow stand alone facilities in the industrial districts in order to preserve the land for industrial uses. The remaining three types of facilities were given strong consideration. It is extremely important to keep outdoor activity areas close to the building and contained by a fence or protective barrier. Further, children should not have to cross vehicle traffic area. 23.03 Staff Report ZTA #96-01, by Northco Corporation Page 4 STIPULATION 1. The proximity of the outdoor play area to the buiiding shall be designed so that children do not have to cross vehicie traffic areas. STIPULATION 2. STIPULATION 3. Loading and drop-off locations should not intertere with Pedestrian crossing areas should be clearly marked. With limited industrial land and industrial floor space available, an upper limit on percentage of building dedicated to a daycare center should be identified. STIPULATION 4. The maximum floor area to be occupied by a daycare center in an industriat buitding shaii be 30% of the floor area. The parking demands of a daycare center are different than those in a typical industrial office setting. There are peak a.m. and p.m. peak hours where traffic is heavy, however the number of vehicles that require parking spaces during the course of a typical day is very low. At a ratio of one space per 100 square foot of floor area the daycare center would have a number of parking spaces that is consistent with the parking requirements for retail in the industrial district and the daycare requirement in the "R" residential districts. This ratio would adequately accommodate the parking demands of a daycare faci{ity. The Institute of Tratfic Engineers (1TE) Manual indicates a range of 5.3 to 16 parking spaces per 1,000 square foot of daycare center during peak periods. Using the 6,500 square foot proposed use as an example, befinreen 34 and 104 spaces would be required to meet peak hour demands. At a ratio of 1:100, 65 spaces would be required. This number of stalls falls in the middle of the range according to ITE studies. Staff betieves the 1:100 wi11 accommodate parking demands, while not requiring numerous parking stalls that are not utilized during the period between moming and evening peak hours. STIPULATION 5. Require parking at one space per 100 square feet of 100 square feet of useabte daycare space (per Section 205.07.01.C.(4).(a) of the code). 23.04 Staff Report ZTA #96-01, by Northco Corporation Page 5 The Fr�dley sign code is specific about the number of free-standi�g signs ailowed in industrial and commercial districts. If an industrial building owner chooses to forgo their use of space on, or their entire free-standing sign, to be used by a daycare center they can do so. It should be clear however that a daycare in an industrial complex will not be entitled to its own free-standing sign. Signage shall be limited to building mounted signs. ST(PULATtON 6. Limit the type of signage to wall signage, no independent free-standing signs shall be permitted unless the free-standing sign replaces the sign allowed for the industrial complex. Commercial Day Care facilities are licensed by the State of Minnesota. The state inspects each facility to assure that all standards are being met. STIPULATlON 7. The facility shall be licensed in accordance with Minnesota and Anoka County requirements. STIPULATION 8. The facility shall comply with building code occupancy and separation requirements. With the above requirements, daycare centers are a compatible use in industrial distr�cts. They also provide a needed service for employees in these districts. ADJACENT SITES WEST: SOUTH: EAST: NORTH: Comprehensive Planning Issues: Public Hearing Comments: M-2, H eavy I nd ustrial M-2, Heavy Industrial M-2, Heavy Industrial R-1, Single Family Consistent To be taken 23.05 Industrial Equities Office Complex Northco Industrial Center Target Warehouse 73rd Avenue & Melody Manor Staff Report ZTA #96-01, by Northco Corporatio� Page 6 RECOMMENDATION Staff recommended that the Planning Commission recommend approva! of the ordinance change to ailow daycare centers in industriai districts with eight stipulations. The Planning Commission recommended that the City Council approve an amendment to Code Sections 205.17.01.0 and 205.18:01.C, to allow daycare centers by special use permit in the M-1 and M-2, Industrial Districts with the following stipulations to be included in the amendment: 1. The proximity of the outdoor play area to the building shall be designed so that children do not have to cross vehicle traffic. 2. Loading and drop-off locations should not interfere with traffic flow. 3. Pedestrian crossing areas should be clearly marked. 4. Limit the maximum floor area to be occupied by daycare center shall be limited to 30% of the floor area of the principal industrial building. 5. Require parking at one space per 250 square feet of useable daycare space (per Section 205.07.01.C.(4).(a) of the code). a. Reduction of parking spaces may be allowed when provision of space required for parking stalls, due to the particular nature of the proposed use or other considerations, would be an unnecessary hardship. Adequate open space shall be provided to satisfy the required number of parking spaces. b. When the provisions for required parlcing space is inadequate, the City may require additional off-street parking be provided. 6. Limit the type of signage to wall signage, no independent free-standing signs shall be permitted unless the sign replaces the free-standing sign of the industrial complex the center is within. The #aciiity shall be licensed in accordance with Minnesota and Anoka County requirements. 7. The facility shaN be licensed in accordar�ce with Minne.sota and Anoka County requirements. 23.06 Staff Report ZTA #96-01, by Northco Corporation Page 7 8. The facility shall compiy with building code occupancy and separation requiremerrts. The Planning Commission stated that they felt the 1:250 parking ratio, typical of required parking space for office uses in the industrial districts, was an appropriate requirement for daycare centers as well. The Commission also added identical precautionary language found in the special use permit section of the R-1, Residential Distriet. This additional language would allow the City the latitude to require more parking if deemed necessary, or allow reduced parking if conditions allow such reduction. Staff recommends that the City Council concur with the Planning Commission recommendation to approve a tezt amendment to allow daycare centers in industrial districts. 23.07 � Office space �TVCrilable %O1' jC'QSC' 112 QIl C'XISCITICJ 3G.000 sq. rt. si��lc� story ojjice buildin�. � NORTHCO BUSINESS PARK FRIDLEY, MN ---- -- - -- ; — , � �� , � -- � � ; � --J � � -= �---- , - - - � - --- -- - - -- --- - - -- - ---- - -- ___ --- — - -- -- - _ _. _, ,, �'. _ •, _ — __ _, , - __ _- � - -- - _ - _� _ -- '� 37 ACRES I��: ,<� ,,.'� ��i I � � 2 i � I � �,;ti v 2si�•r nvE r� � ' �F'.''} soo ,�_ '� SOLD _ � , _ t` , _-- �_� --- - --- _:� ;;- �', ¢�. - 502 �F!�rtu r f�-trtr-�. � 3.0 ACRES � U �. 6 a �::�� ui 7; 8 - /� � 2.OACRES �- ..- - �I .. . . _ _ _.� , .. _. , '� � __ . _ _ __ ._ l -� eh� ��—_ - _. - - � i� � 3 2.66 ACRES ' �� I� � N -- �, 22 ACRES �"j - � -- ; : - ,_- . � = � : ��_�- - = � � ,',-°- - so-� i, l� ��' � 20 ACRES 2.0 ACRES � , i ' I . -�� .., I , SOLD , � ,' � ln . .�, i,� ._.. ! �. ,. : ......., � �_ . � ! I ............. ....................._................._�:.._ _ '' ! � 4 -- �;� t � � � �' J.OaCRES � � . . . . , . , r'�, �� r �-, .�v �. l . ,�, r ,-- —= __, _ - --- --------- - _ _ ---- ---- -- � � � �� t'�O1 :�1i�IZ( )Uf;'1"1'I; ;1�'E. ti(�). ,tiUl'1'1; I IO �1i\\I;:�PUI,L`i. �I:�' ;�:; l(l,i 23.08 � SpaCes from 1,000 t�o IS,000 sq. rt. auailnble � Ampleparl:inJ cvith ec�sy ingrc�ss ar��t egrc�ss' to builc�ing � Extremel�� c��mpetitive lease rates! � £or F�irther I�Zfol�mution (,'��r�tac�t � Stc�l�hc�n 13ruu�il Nlilee Flc�c�tli�nn .5,3.2-2 J/'l - � �� y ��t f; �,._ ...,. � �-- � � �: � ;.�.� � ;,,;, ' � ,_ ':� ��.�. � _ _� �� ` �,,, t . . 'y.. °^ � � �•, R'lY ��;-I �- , ��'Ey'1 `� r' � �� x` � 1� . _ , S � .�`?4�s+p"��c. '_ ,':.�: ' .�.. ;:_:.,. �� /-� � � � ) _ � _ � -. �'6 .... . � . ' �r -v .Q�.`� � �... . ��S � �� .: __.le_;a � __ — 1 f -:t.� � ai?!' � . � �, i ' \ - G e�� 1 ,�K � �' -. Fl i"`3"''t?�� i' 5 � .. >� ,6 �' �} ... ' `C, . � ?' �: �� f ,�, ¢ � ?' � � F r# � i e E f � �.,5. �i,b.i g' ti . y.�-. ��•� i � �: t � r i s �.� • �+C '•�c �� e t i�T''z�.,a-y �' 4 'Li :.t �?��a .. t., - �-.• c r�^'+� '� ` � � � G "+�' ��`" -•. •: �sh�� rt.�� {�' ( �i _ �� r;�y r �� x _ r, r 3 � y',� q ` �.. '�.'�6.. •,.�F. . y � : � :.. ��3��} � ��y f ' . ' i` � � . . � ._ _ .Sr. 'i x.,. �•' : � c . . _`j t� �l. ,��.'_C. . � ��`.. r,�� `, �_,...,,�• � . `,�` t'�&��a� ,�w, ....; �'' 7 P �s.rr-++. _ 715T AYENUE �� , �� .. ' @ .: ,ru..�..�rr .. �� r 1 � - .,"- '�v e T� `` 4 � �"'�1'"'3 . - :'�� .� 1 � � � ` `� � � s� � � �1� r r � �f, � � �' if , � 1 �� _ F .; z?+�"" � � �. f;. � - -- ' � � " ' � � � -� = � �, � � i� � �� t . 3R A �,?. ' � ,� �f. i,(�5 '�~ � �" 'n.' s 7 ' . _ � .�' � ;� � -N�`��I,�.7'.. �iit .�• i �� p { .� �,:� �� `'1�� '� _ - �. r , f „� � . ! �� '� )`' ' T y, R ,. _ °.. : � j � r "� -{ ' i� `� ` \; 1 '� ' - - . . �ti `� �.r.s::� �E' � '-�-.��um..� � �'�G�'�°�''-`""---�, .�.,�w�.y �0'� . °— .. . ............ ............ .. FACT S H E ET • Served 22,560 children and their families in 1995. Children's Home Society �;: Of MINPJESOTA T8R9 leadership and excellence in child care, adoption and child abuse Qrevention. • Founded in 1889 as part of a nationwide movement to get orphaned children out of institutions and into loving families. • Statewide, nonsectarian, nonprofit child and family social service agency. • Active volunteer board of directors with 48 members. A staff of 4-47 along with 1,841 volunteers help carry out the agency's mission. Programs include: • Child Care Services ...... Sixteen centers throughout Minnesota ...... School-Age Day Shelter • Child Abuse Prevention Services ...... Six crisis nursery sites serving Anoka, Chisago/Isanti, Dakota, Ramsey and Washington counties ...._. Family Mentor Programs . ...... Parent Education and Support • Adoption Services ...... Open Adoption/Pregnancy Counseling ...... International Adoption ...... American Infant Adoption ...... Special Needs Adoption ...... Post Adoption Services • Licensed by the Minnesota Department of Human Services and approved by the National Council of Accreditation of Services for Families and Children. • Accredited member: Child Welfare League of America. • Member: Minnesota Association for the Education of Young Children. • Exceeds standards set by the Minnesota Charities Review Counci(. • Participating member of 265 United Way fund drives in Minnesota. • Acknowledged by Eleven Who Care, KARE 11, as the 1994 Agency of Excellence. • Received the 1994 Child Welfare League of America Outstanding Management Award for the Midwest Region. —more��. JO 1 Administration 1605 Eustis St Saint Paul MN 55108 612/ 646-7771 fax 612/ 646-8676 CITY OF FRIDi,gy PLANNING COMMISBION MEETING, SEPTSMBgR 18, 1996 CALL TO ORDER• Chairperson Savage called the September 18, 199�6, Planning Commission meeting to order at 7:33 p.m. ROLL CALL- Members Present: Diane Savage, ve Rondrick, Dean Saba, Brad Sielaff, Con 'e Modig Members Absent: LeRoy O st, Larry Kuechle Others Present: Scot,�`�Hickok, Planning Coordinator Ci�dy & Gary Jenco, 1420 Cleveland Street, Anoka, Minnesota Jackie Olafson, Children's Home Society Tim Ducharme, Northco Dennis Zylla, Northco --- - .-�a..a.ii�v L.ve�1R1JJ1.ViV P11IYU1'L''S: MOTION y Mr. Sielaff, seconded by Ms. Modig, to approve the Sept er 4, 1996, Planning Commission minutes as written. N A VOICB VOTE, ALL VOTING AYE� CHAlgpgggON SAVAGE DECLARED THE MOTION CARRIgD IINANIMOIISLY. 1• PUBLIC HEARIN : CONSIDERATION OF A ZONING TEXT AMENDMENT ZTA #96-01 BY NORTHCO CORPORATION: To Amend the Fridley City Code, Chapter 205, entitled "Zoning'� : By amending Section 205.17.C., "Uses Permitted with a Special Use Permit", by adding: 205.17.C.(5) Commercial Daycares and renumbering consecutive sections; and By amending Section 205.18.C., "Uses Permitted with a Special Use Pez-mit", by adding: 205.18.C.(5) Commercial Daycares and renumbering consecutive sections. MOTION by Mr. Kondrick, seconded by Mr. Saba, to waive the reading of the public hearing notice and to open the public hearing. 23.11 0 PLANNING COMMISSION MEETING SEPTEMBER 18 1996 PAGE 2 IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPER80N SAqAGE DECLARED THE l�OTION CARRZED AND THE PUBLIC HSARIN(i OPEN AT 7:35 P.M. Mr. Hickok stated the zoning text amendment would allow daycare centers in industrial districts. The petitioner is Northco Corporation. This is a specific request; however, the amendment would be a zoning text amendment for the entire City. The petitioner has a person interested in using their industrial facility for a daycare center. The applicant has requested the City amend the industrial district requirements to allow daycares as a special use. The applicant would like to locate a 6,500 ..- square foot Children's Hom� Society tenant in a 36,000 square foot building located at 500 - 73rd Avenue. Mr. Hickok stated, as staff received the request, it became clear the petition is for a use without language permitting such use in the district. Staff must evaluate as to whether this is something the City is interested in pursuing and where best to place the amendment. The petitioner is asking for a text amendment. Whether or not we feel that is a special use in this zoning district is a call that staff m�de. Part of the analysis for a daycare facility came down to the type of daycare facility - stand alone centers for public use, centers withir_ multi-tenant buildings, ar centers for private use in a multi-tenant buildings. Mr. Hickok stated staff evaluated the State building and fire codes about such uses. The concern is whether this is a practical use for a daycare t� be placed in an industrial facility and be made compatible with the buildin_q design. The answer is yes. The fire codes arid building codes are very specific about how to segregate uses within a complex. Mr. Hickok stated, as staff analyzed the area of the code in which to place the amendment, staff came to the conclusion that a special use permit would be the best vehicle for daycares. Both the M-1 and M-2 are industrial zoning districts that could handle daycares with the appropriate building modifications. There may be stipulations we would want to place on a daycare in such a facility. Staff recommends modification of the M-1, Light Industrial, and M-2, Heavy Industrial, districts to alZow daycare as a special use when they meet the following standards: l. Daycare centers shall be located in a multi-tenant building located on an arterial. 2. Daycare centers shall not exceed 30°s of the floor area of the building. 3. Outdoor play areas shall be contiguous to the building. 23.12 PLANNING COMMISSION MEETING. SEPTEMBER 18, 1996 PAG$ 3 4. Pedestrian crossing areas shall be clearly marked through the use of pavement markings and traffic signs. 5. Parking shall be at the rate of 1 space for every 100 square feet of usable daycare space (1:100). 6. Signage shall be limited to wall signage and shall be in compliance with Section 214 of the City Code. 7. Daycare shall be licensed in accordance with the State and County requirements. 8. Daycare centers shall comply with building code occupancy and separation requirements. 9. Loading and drop-ff areas shall be designed so as not to infringe on traffic flow. Mr. Hickok stated this is a general text amendment. The stipulations are suggested stipula�ions that would be included in the language under the spe�ial use provisions in this 3istrict. There may ba additional stipulations as staff would analyze individual applications. Mr. Hickok stated the idea of a special use permit°is to make it compatible with the uses surrounding the area. Mr. Hickok stated the petitioner did a very nice job in providing information about the daycare they are hoping to accommodate, the Children's Home Soci�ty of Minnesota, who is interested in the 6,500 square feet of space. Mr. Hickok stated staff recommends approval of a text amendment to districts M-1, Light Industrial, and M-2, Heavy Industrial, to provide for daycare facilities through the special use permit process. He distributed copies of suggested language for the text. If the commission has.revisions, staff will incorporate that language into an infonaal ordinance form before this goes to the City Council. Mr. Kondrick stated he is concerned about sound from the industrial activities that occur in adjacent bays. Has staff considered this? That could be a problem in some cases. There may also be cases of a business who may in the future want to locate next to the daycare center. Ms. 5avage stated, if her understanding is correct, this is a text ordinance amendment that would allow someone to apply for a special use permit, and then they would have to go through the process. If there was a particular problem such as sound, that 23.13 � PI+ANNING COMMZSSION MEETING BEpTEMBgR 18 1996 PAG$ 4 could be addressed at that time. As far as this applicant is concerned, does the ordinance first have to be approved and then does the applicant have to apply for a special use permit? Mr. Hickok stated yes. The amendment would open the door for the appiicant. Mr. Sielaff stated one handout stated Section 205.17.0 and the other states Section 205.18.C. Why are there two? Mr. Hickok stated 205.I7_C is the M-1, Light Industrial, suggested language; and 205.18.0 is the M-2, Heavy Industrial suggested language. Ms. Modig stated one of the issues stated the building be located on an arterial street. That is not always going to be the case for industrial zoning. Mr. Hickok stated the industria� districts are set up to accommodate heavy traffic and most have arterial streets. One would rarely find a place where this does not fit. Ms. Modig stated that wauld not then be a hindrance for a company who may want a daycare center. Mr. Hickok stated there ar� going to be some. There are some industrial areas that are on secondary streets. He thought this language would be perfect for those situations. In those situations, it would be di�ficult for people to get in and out, especially at peak times. Mr. Sielaff asked if this would regulate businesses, such as Onan, if they wanted to have a daycare center on their site. Mr. Hickok stated the language is designed for drop-off daycare centers. If a company wished to have a center inside an existing complex, staff would be able to control that through the building code. He thought the City would see more of those requests. The M-1 and M-2 language would recognize daycare is possible. The stipulations would protect the City. As a request would come through the process, additional stipulations may be necessary. Mr. Sielaff stated the language indicates multi-tenant buildings which seems to preclude that type of daycare. Mr. Hickok stated this was correct. Multi-tenant speaks to the drop-off daycare. Mr. Sielaff asked if the term "daycare" refers to private daycare centers that are not associated with the company. 23.14 pLANNIN(� COMMISSION MEETING, SEPTEMBER 18, 1996 PAaB 5 Mr. Hickok stated the daycare center may ar may not be associated with the company. Staff looked at an example in North Mankato where a drop-off daycare center is located in an industrial park and the center gives priority to workers in the park. This would accommodate associated industrial workers needing daycare. Ms. Modig asked if by saying �'multi-tenant" would that preclude those who want a daycare and there is only one other tenant. Mr. Hickak stated this was correct. Mr. Sielaff stated he would like to know the definition of a daycare center. Mr. Hickok stated a daycare center is defined as any non-home based program that for compensation or otherwise provides for the care of children outside their home as part of a 24-hour day. It includes but is not limited to programs for children known as nursery school, day nurseries, child care nurseries, and daycare facilities. Ms, Savage stated the language is very broad but it must meet State and County requirements. Ms. Modig stated she is also cancerned about sound`and have some area where we deal with sound or have the daycare sound proofed. That is a concern particularly for the outside play areas. This must be dealt with somewhere. - Mr. Kondrick asked whose responsibility this was. Is this the responsibility af the City or the responsibility� of those who run the program? Mr. Sielaff stated anyone who wants a daycare in an M-1 or an M-2 would require a special use permit. It would be under the review of the Planning Commissior► and the Planning Commission would still have the flexibility to deny the request if there are concerns. Mr. Hickok stated this was correct. The City Council would make the final decision. Mr. Zylla stated he was a partner in the land that is under consideration. He is looking at it from a broader issue. He was at the meeting with Mr. Ducharme and Ms. Olafson, who is representing the provider and who could provide additional information on the provider. In staff's presentation, some of the limitations don't seem part of the recommendation. When he drafted the zoning text amendment, he suggested it be a permitted or accessory use. Staff is recommending a special use. He still 23.15 PLANNING COMMISSION MEETING SEPTEMBER 18 1996 PAGE 6 feels it is a permitted use in a commercial district and the Planning Commission should ailow this as a permitted use in an industrial district. He did not see the difference between the permitted and special use. He thought everyone recognizes that there is a lot of regulation that goes with this. The State regulates daycare very severely. The building and fire codes regulate this very severely. If you are concerned that you need to control due to concerns about sound and/or industrial noise, he did not think that would happen. Daycare providers will only locate in an area with a conducive environment for their program. If there is a user who generates noise, smoke, fumes, etc., the tenants would not want to locate there. Mr. Kondrick stated the situation could occur where a tenant leaves and a riew tenant moves in having a different use. The mix could change. Mr. Zylla stated the daycare as a user will need a guarantee in their lease that nothing will happen to cause the adjacent uses to become a problem for-them_ He thought the Commi�sion should keep in mind that this is a trend in our society. With more and more p�rents working, people want to be close to their chil.dren and like the convenience. When he wrot� the language as he did with the use as permitted or accessory, he did so because mare. larger corporations are giving consideration to putting daycare in their bttildings. They consider it a servic� to their employees and, in many case, a necessary part of the fringe benefit package they provide. He thought the multi-tenant thing shauld be considered carefully. it would not affect them, but it something to consider. He does not have a problem with the arterial street. The 30� area does not affect them. In their particular building, they have more of a hybxid industrial/office use. Most of the uses in the building are office. The uniqueness of the site and appeal is that the parcel is 6,58 acres so it is a large parcel with trees next to the building and it is not visible from 73rd. It is a nice, private industrial area as opposed to the John A21en building which is an industrial warehouse in character. That area is also totally different in character. He did not have a particular problem with the other uses. Mr. Zylla stated he did have a concern with the parking space requirements. There are 20 employees who are not there all the time. The center is currently licensed for 99 children and the parents come and go at intervals. At 1:100 as suggested, they would be required to provide 65 spaces which seems severe. He did not think the parking requirement should be greater than the requireinent in the district or they may be forced to come in for a variance. 23.16 f - PLANNING COMMI88I N l+IEETING SEPTEMBER 18 1996 PAGE 7 Mr. Kondrick asked if Mr. Zylla thought the requirement was to high. Mr. Zylla stated yes. The user could also speak to that. He did not do a parking count. They have enough parking for the building but the building is not fuli either. Parking is always something to be concerned about. He would rather not be subjected to an unusuaily rigid requirement and find that we cannot meet it when we know it is functionally not necessary. The only other concern relates to the limitation on signage which says no independent free-standing signs. If you have been to the site, they have a sign listing the tenants. They would like to have the daycare on that sign because it is not an easy place to find. They are excited about the possible amendment. He would like to see this as a permitted use. Hopefully, with the other comments and consideration of concerns, we can get this passed on to the City Council and consummate their lease with this tenant. Ms. Olafson stated she was the divisional director for childhood services for the Children's Home Society. They currently operate 18 child care centers around the state, generally affiliated with technical colleges. They currently operate a site at the Spring Laka Park High Schaol. Theix intention is to move to this facility from the Spring Lake Park High School. TIZe space they are currently using is needed by the school district, and they must move by June 1997. Ms. Olafson stated they now provide services for 99 children with 20 staff. They use about 9 to 10 parkin� spaces which has bsen sufficient over the years. They have a compa�able parking arrangement with the St. Paul Companies where they have a center for 118 children with 12 parking spaces for the families. That should give an idea of their needs. 10 spaces for staff and 12 for the families should be sufficient. They are licensed by the State and accredited which is a step above the requirements. They pride themselves in providing exceptional services. They have staff who have been with them for 10 to 15 years at the Spring Lake Park site. There is a lot of discussion about quality of day care and part of that discussion is the length of service for staff. Staff are long term and provide a continuity of service. They have a strong following of families in the Spring Lake Park community and have tremendous support to stay in this area. They believe the move to Fridley, while it would be a relocation, is a short distance and they could continue to serve the families they now serve plus additional families from Fridley as well. - Ms. Olafson stated they have toured the building and looked at it very carefully. They would not put a center into anything but a pleasant environment for the children. The playground would be 23.17 PLANNING COMMISSION MEETING. 88PTEMBER 18, 1996 PAGE 8 private and protected with doors directly into the-building. They have worked with an architect to design the inside to meet all the requirements and provide ample square footage. Beyond the code, they want to provide a positive approach to a curriculum for the children. They are excited about this possibility. Mr. Kondrick asked how many children are in the present daycare center and how many will be in the proposed center. Ms. Olafson stated they currently have 99 children. The proposed space would be for 95 children. They will not go bigger than that. Mr. Sielaff asked if the State would come out and inspect the new facility. Ms. Olafson stated yes. They look at the plans ahead of time to make sure everything meets their requirements. They will have to do some major renovation. Mr. Sielaff asked if the State considers the area beyond the center. " .Ms. Olafson stated no. Mr. Kondrick stated concerns have been raised about sound in the event noises are excessive. Ms. Olafson stated that is a good point. They have been through the building and did not zero in on how soundproof the buiiding was, but they will look at it again. They do go at peak traffic times. They would work with Northco to make sure that the tenants coming in are not a detriment to their operation. Their board of directors will look closely at those issues before approving. Mr. Ducharme stated the owners of the building are as concerned about the noise as are the other tenants. Children can also be noisy and this is a concern. The appropriate precautions will be taken to soundproof the area. MOTION by Mr_ Kondrick, seconded by Mr. Saba, to close the public hearing. QPON A VOICE VOTE, ALL VOTZNG AYE, CHAIRPSRSON SAVAGE DECLARED THE MOTION CARRIED AND TIiE PUBLIC HEARING CLOSED AT 8:20 P.M. Mr. Kondrick asked how many parking spaces would this person be required to provide. 23.18 PLANNING COMMI88ION MEETING, BEPTEMBER 18, 1996 PAGE 9 Mr. Hickok stated, at the rate of 1:100 which staff feels is appropriate, Northco would be required to provide 65 spaces. That language comes from the code for daycares in a residential district. In the residential section of the code, the following language is included: (b) Reduction of parking spaces may be allowed when provision of space required for parking stalls, due to the particular nature of the proposed use or other considerations, would be an unnecessary hardship. Adequate open space shall be provided to satisfy the total number of required parking spaces. Mr. Hickok stated, at least in the residential section, it leaves some discretion. If the Planning Commission feels this would be appropriate in the industrial district, staff can look at it. One concern of staff is the peak times in morning and evening when the industrial complex itself is busy and other demands on parking exist in the facility. Ms. Savage stated another alternative wou13 be the variance opportunity for special circumstances. Ms. Modig stated, on this site, we would require this tenant fio have 65 additional spaces. • Mr. Hickok stated no. We would require 65 parking spaces be dedicated �o this use. - Ms. Modig asked how many spaces are available now. ' Mr. Hickok stated there are a number of pockets for parking at this site. He would estimate the total number of spa�es to be over 200. The code recognizes there are demand times. There are alternating parking opportunities here. Staff believes there is ample space for those who work in the building. Staff wants to make sure that people are accommodated during the peak times. Ms. Savage stated this parking requirement would apply to everyone. She did not think the Commission should be concentrating on the particular applicant. Mr. Sielaff wondered why the requirement was needed at all. Ms. Savage stated we want some guidelines if this is going to apply to the M-1 and M-2 districts. Applicants have the opportunity to ask for a change when they apply for the special use permit. Ms. Savage stated she had a question concerning the multi-tenant 23.19 PLANNING COMM;ggION MEETING SEPTB1�iBgR 18 1996 PAGE 10 building. If a corporation such as Onan wanted tq have a daycare, how would that work into this amendment. Mr. Hickok stated one way in which to accomplish this could be to say that the daycare would be located in a building on an arterial street and to say that the day care maximum floor area shall not be more than 30� of the floor area of the building. Staff wants to make sure that an industrial site is not utilized as a daycare center. Mr. Zylla stated, regarding parking, 190 parking spaces at their site sounds about right. The general office requirement is 1 parking space for every 250 square feet (1:250). They have 45,000 square feet of building space so they would need 180 spaces. If this would change to 1:100, the number of spaces becomes much higher or 450 spaces. That more than doubles the requirement. If the requirement remained the same as they are in the district, they would be fine. Or, have this considered as part of the variance application. He would rather not be applying for a variance. Mr. Hickok stated the proposed requirement comes out of the special use permit language for the residential district. The same section allows for a reduction in the number of spaces which may be allowed if thi� would be a hardship. This is essentially a proof of parking. If it is deemed that this use couid survive wi�h less, it does give the discretion to have less. Ms. Savage stated this is an issue �hat could be raised and discussed at the time of the special use permit application. Mr. Sielaff ask�d if it would be staff who would have the discretion to have less. Mr. Hickok stated, if buiit into the recommendation, it would give staff the ability to say we believe this caveat applies, the Planning Commission would have to concur, and the City Council approve. Mr. Sielaff asked if there was some problem in dropping the signage issue. There must be some sign restrictions that already exist in this district. Mr. Hickok stated the intent was not to limit the petitioner from having the name of the business on the freestanding sign. In this industrial complex, it would not allow them to have a second freestanding sign. If they wanted, they could give up the directory sign for a freestanding sign. It was meant to protect from those who want their own freestanding sign_ 23.20 Ms. Savage stated, if there is already an existing freestanding sign with the existing tenants listed, they can put the additional tenant's name on that sign, but they cannot increase the size of the existing sign unless it is within the code requirement. Mr. Hickok stated this was correct. They can work within the code requirements, but no additional freestanding signs would be Pertnitted. Ms. Savage asked if the Commission would like to leave the parking criteria as presented or add additional language. Mr. Sielaff stated he would like additionai language. Mr. Saba stated he would like to go with the language that exists for the M-1 and M-2 district. He did not see that a daycare center would require the extra parking. He �elt the requirements in the zoning code were adequate. Mr. Sielaff stated he thought the language as presen�ted was too restrictive. Ms. Savage stated she weuld prefer leaving it as it is without being too specific because the Commission would be dealing with all kinds of businesses. It will.also depend on the type of industrial complex involved. She would personally prefer�to leave some decrease without a fixed number of into an or.dinance that wi11 have many differenta�king spaces put applicants. ypes of Mr. Saba stated the code already indicates the number of spaces required, the size of the spaces, etc. It is now that there is a daycare in the facility. Mr. Sielaff stated, with discretion, we could allow even less parking. Ms. Modig stated she thought they should be more language in order to allow some flexibility to make a change. If the requirement is 1:250 and there is not enough room far that to happen, there must be a way to get around that. She would like to add language from the residential section that gives them a window and also gives the Planning Comittission a window to deny the request. Ms. Savage stated an issue for discussion is whether this should be a special use or a permitted use. 23.21 PLANNING COMMISSION MEETING SEPTBMBER 18 1996 PAGB 12 Mr. Kondrick stated he could see Mr. Zylla's point but he would still like to control the request through the special use process. Mr. Saba stated he liked the special use because there is also flexibility with the parking issue. Mr. Kondrick stated he agreed with Mr. Saba regarding the 1:250 parking ratio. He did not know why this would be a problem. Ms. Savage stated the Commission is not addressing this particular application. The Commission is addressing an ordinance amendment. The issue in front of us is an ordinance amendment. The petitioner will have to come before us again for a special use permit if this is approved. Mr. Saba stated the existing code for parking in an industrial district is 1:250. He did not see a need to change that. Mr. Kondrick stated we can say they are not special. If we had heard the 1:250 rule, it would meet t�eir requirements. If a person needed �ore or less, we could also deal with that through the speci�al use process. Ms. Modig suggested they lEave the parking requirem�nt at 1•250 and add the statement.from the residential section. If there is a prablem with an applicant, it could be handled on a case-by- case basis and would provide a window. Ms. Savage asked why•staff felt the 1:100 was the appropriate ratio to use. Mr. Hickok stated it is consistent with daycare, and daycare does have a crunch time in the morning and in the afternoon which can cause a conflict with parking. The 1:100 ratio is a consistent piece across areas of the code. In the residential area, they did not want parking to spiil over onto the street. There is the same concern in the industrial district.. Mr. Sielaff asked, in Spring Lake Park, does the daycare center have a designated number of parking spaces. Ms. Jenco stated they have 30 spaces. They share a parking facility with the other programs that are in the same wing. It does not seem to create a problem that staff are foreseeing. There is something of a crunch time, but it is really more staggered more often. Occasionally, there may be a number of people showing up at one time but that is not the noriu. She has children in her classroom that may arrive as early as 6:30 a.m_ or as late as 10:30 a.m. They currently have about 30 parking 23.22 PLANNINQ COMMISSION MEETING, SEPT$MBBR 18, 1996 PAGE 13 spaces for their program and the other programs in their wing. Because they share, their need is even less. People are there for short periods of time and they don't all show up at the same time. Arrivals are staggered. On the sign in/sign out sheet, she rarely sees more than one person coming at one time. Ms. Olafson stated they are talking about 70 families. If only half co�e at any one time, that is only 35. Ms. Savage stated the center in Spring Lake Park is not in an industrial building. We are looking to have general language which will provide the controls we need for all situations. She personally would like to keep the requirement the way it is. Mr. Zylla stated they must understand that the 1:100 clearly is related to residential, and he knows there is special consideration for residential. He thought whether it is guasi- public or religious institutions, the� ean have the tendency to disturb the serenity of the residential districts. This is industrial. Also bear in mind that not all the employees come to work a� �he same time. Plus, the landiord is not go�.ng �o create a situation that is contrary to the zoning code that jeopardizes the parking reqt�irements for the other tenants. Mr. Kondrick stated he felt the 1:250 ratio with some flexibility was acceptable. He would be comfortable with that. It wauld be . consistent with the zoning for the industrial district. Mr. Sielaff stated they are restricting the parking to 1:250 and allowing more if that is a burden. Ms. Savage stated, regarding signage, she thought they should add language that there should be no additional freestanding signs. Ms. Savage stated the multi-tenant would be deleted so the statement would just say "building". Ms. Savage stated she agreed in general but she did not agree with the parking change. Mr. Sielaff he was not tied to the one as presented. The options are to-go with the 1:100 square feet with the flexibility built in or to go with 1:250 square feet with the flexibility built in as is in the existing code. Ms. Modig stated by doing this they would be complying with the current code but also providing an opportunity to change. They could be more or less restrictive. 23.23 � PLANNING COMMISSION MEETING SEPTEMBER 18 1996 PAG$ 14 Mr. Hickok stated the ratio of 1:250 is more liberal. Staff would like to see it more restrictive with the latitude to loosen the requirement. Ms. Savage stated Mr. Saba is saying we should stay with the existing parking space requirements for the M-1 and M-2 district. She does not agree because this does not take into consideration that you would have more people coming in for the daycare. Mr. Saba stated it takes into consideration the space requirements for the industrial complex. For every 250 square feet, they need 1 parking space. It has to do with the size of the building and the percentage of square feet that will be allowed for the daycare. Ms. Savage asked Mr. Hickok to clarify the areas of the code where these parking ratios are indicated. Mr. Hickok stated the 1:250 ratio is the typical industrial parking requirement. 1:150 is for retail which is more restrictive. � Mr. Kondrick scated he thought the industrial zoning was restrictive enough. Mr. Sielaff stated, if you go with the additional language from the residentiai section, you are actually loosening the requirement. If you say 1:100, you can then loosen it. If you go 1:250, you have alre�dy reduced the requirement. The 1:100 is most restrictive and giyes the most flexibility. Ms. Savage stated the City's position is that you will have more people with this added element. With a daycare there, there will be more traffic and more of a parking requirement. Ms. Modig asked if the idea for this use was to fit in with the industrial district regarding the buildings, code, etc. By changing the parking from industrial to residentiai, it does not mesh. The parking must fit in with the rest of it. Ms. Savage stated the problem with the industrial parking ratio is that it does not allow for additional demand. Mr. Saba stated, when the building is constructed, they had a parking requirement. Now for a daycare to go in, they must change that. It makes it difficult to put in a daycare center_ From his knowledge of the daycare centers and the working hours at the facilities he has worked, people come in at a variety of times. 23.24 � i . - .. PLANNING COMMISSION MEETING, SEPTEMBER 19, 1996 PAGE 15 Ms. Modig stated she came down 73rd that evening. _There are a lot of cars leaving at the same time in this particular area. Ms. Savage asked, if we go with the current requirement of 1:250, how can we if necessary increase the parking if there is a situation where that is needed. Mr. Hickok stated there is a provision in the residential portion that states, "When the provisions for required parking space is inadequate, the City may require additional off-street parking•be provided." Mr. Sielaff stated he could support the 1:250:.�ratio with that language. MOTION by Ms. Modig, seconded by Mr. Kondrick, to recommend appraval of a Zoning Text Amendment, ZTA #9�-Oi, by Northco Corporation, to amend the Fridley City Code, Chapter 205, entitled "Zoning", by amending Section 205.17.C., "Uses Permitted with a Special Use Permit", by adding: 205.17.C.(5) Commerciai Daycares, and renumbering consecutive sections; and by amending Section 205.18.C., "Uses Permitted with a Special Use Permit", bg adding 205.18.C.(5j Commercial Daycares, and renumbering consecutive sections; with the follo�ing amended stipulations: l. Daycare centers shall be located in a building located on an arteria2. 2. Daycare centers shall not exceed 30� of the floor area of the building. 3. Outdoor play areas shall be contiguous to the building. 4. Pedestrian crossing areas shall be clearly marked through the use of pavement markings and traffic signs. 5. Parking shall be at the rate of 1 space for every 250 square feet of usable daycare space (1:250). (a) Reduction of parking spaces may be allowed when provision of space required for parking stalls, due to the particular nature of the proposed use or other considerations, would be an unnecessary hardship. Adequate open space shall be provided to satisfy the total number of required parking spaces. (b) When the provisions for required parking space is inadequate, the City may require additional off-street parking be provided. 23.25 1'LANNING COMMI88ION MEETING SEPTEMBER 18 1996 PAGE 16 6. Signage shall be limited to wall signage and shall be in compliance with Section 214 of the City Code. No additional freestanding signs shall be allowed. 7. Daycare shall be licensed in accordance with the State and County requirements. 8. Daycare centers shall comply with building code occupancy and separation requirements. 9. Loading and drop-ff areas shall be designed so as not to infringe on traffic flow. IIPON A VOIC� VOTE, ALL VOTING AYE, CHAIRPBRSOri DECLARED THE MOTION CARRIED IINANIMOIIBLY. Mr. Hickok stated the City Council would consider this item on October 14. 2- RECEIVE THE MINUTES OF THE PARKS IiND RECREATION COMMISSION i�r�+L•mr*rr� .�r.+ at�..�.,..., _ _ _ _ _ _ _ _ � _ update) MOTION by Mr. Kondrick, seconded by Hr. Saba, to re�-�ive the minutes of the Parks and Recreation Commission m e�i,ng of August 12, 1996, along with the September 9, 1996, u te. IIPON A VOICE VOTE, AI,L VO?ING AYE, CHAI ON SAVAGS DECLARED THE MOTION CARRIED IINANIM_OIISLY. ADJOURNMEPIT MoTION by Mr. Sielaff, seco ed by Mr. Saba, to adjourn the meeting. / IIPON A VOICE VOTE, VOTING AYE, CHAIRPSRSON SAVAGE DECLARED THE MOTION CARRIED THE SEPTEMBER 18, 1996, PLANNING COMMI88ION 1�SEgTI AD�70IIRNED AT 9:06 P.M. Respectfuliy submitted, �� . . ; r'l ' � -„r', ' n % �' �� l 'r �i'� �� L onn Cooper � ' ecording Secretary 23.26 MEMORANDUM DEVELOPMENT DIRECTOR DATE: October 10, 1996 , TO: �Iliam Bums, City Manager „�fi � FROM: Barbara Dacy, Community Deve{opment Director Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Public Hearing on the Sale of Excess Property The City of Fridley owns the property located in the southeast comer of the intersection of 7th Street and 61st Avenue. The property is gener�lly located befinreen 61 st Avenue on the north, 7th Street on the west, West Moore Lake Drive on the east, and unimproved 60th Avenue on the south. The property is legally described as Blocks 2- 6, Moore Lake Addition. This vacation request is �related to the plat request by Independent School District Na 14. The original operating agreement established between Independent School District #14 and the City of Fridley in 1957 indicated a transfer of ownership of Blocks 4- 6 (general location of Community Education Center) from the City to the school district. A subsequent agreement in 1960 indicated that in addition to Blocks 4- 6, Blocks 2& 3(location of the high school parking lot) would also be transferred from the City to the school district. Recommendation The City Charter requires the City Council to conduct a public hearing prior to disposition of any City-owned property. Staff recommends that the City Council conduct a public hearing and receive public comment regarding the subject property. An ordinance declaring the property excess will be scheduled for first reading on October 28, 1996. 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MEMORANDUM DEVELOPMENT DIRECTOR DATE: October 10, 1996 TO: William Bums, City Manager�.�� FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: First Reading of an Ordinance Approving a Vacation Request, SAV #96-03, by Clayton and Jean Hicks; 106 Hartman Circle N.E. The City Council conducted a public hearing regarding the vacation request, SAV #96-03, at its September 30, 1996 meeting. The request is to vacate two five-foot drainage and utility easements lying along the property line of Lots 2 and 3, Block 1, Sandhurst Addition. Staff originally recommended a ten foot drainage and utility easement adjacent to the north property line of the petitioner's property. The Planning Commission recommended approval of the vacation without the easement stipulation. During the City Council's public hearing, staff recommended a five foot easement to be consistent with typical plat/easement policies. The property owner objected to the easement requirement at the hearing. Recommendation Staff recommends that the City Counci! approve first reading of the attached ordinance to vacate drainage and utility easements with one stipulation: The petitioner shall grant the City a five foot drainage and utility easement adjacent to the north property line of the subject parcel. MM/dw M-96-475 25.01 oitnir�xc$ xo. AN ORDINA1dC$ ONDl3R SECTION 12.07 OF TH$ CITY CHART$R TO VACATI3 STRE$TB AND AI,I,$YS AND TO AM$ND APPSNDIB C OF THE CITY CODE The City Council of the City of Fridley does hereby ordain as follows: SECTION 1. To vacate the easterly 93 feet of a ten foot drainage and utility easement dedicated in the plat of Sandhurst Addition covering the southerly five feet of Lot 2, Block l, Sandhurst Addition, � lying easterly of the westerly ten feet of said Lot 2, and the northerly five feet of Lot 3, Block 1, Sandhurst Addition, generally located at 106 Hartman Circle N.E. All lying in the North Half of Section 15, T-30, R-24, City of Fridley, County of Anoka, Minnesota. Be and is hereby vacated subject to the stipulation adopted at the City Council meeting of , 1996. SECTION 2. The said vacation has been made in conformance with Minnesota Statutes and pursuant to Section 12.07 of the City Charter and Appendix C of the City Code shall be so amended. PASBED AND ADOPTBD BY THE CITY COIINCIL OF THE CITY OF FRIDLEY THIS DAY OF � 1996. WILLIAM J. NEE - MAYOR ATTEST: WILLIAM A. CHAMPA, CITY CLERK Public Hearing: September 30, 1996 First Reading: Second Reading: Publication: 25.02 N SAV #96-03 lOb Hartman Circle Clayton Hicks CATION MAP � r _ �, _. y � , , ' � � '° �6- VC�� 3 s r � y �' � z �' � > '+} ,� � : ��t 5� F ' '1 U f T � , ! 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