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05/22/2000 - 4685.ti � anror FRIDLEY FRIDLEY CITY COIINCIL MEETING ATTENDENCE SHEET Mcrnday May 22, 2000 '�:30 P.M. PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN PRINT NAME (CLEARLY) ADDRESS a 0 ITEM NUMBER �f�U i .� (1�.; tZi �t;C_ �- � j,'�,i ? �rn /'L� �� r _i�'�,� � ( I r � � f a !�' �� l'_ I \ ;' , t C� lL '� _� L u /�'�%,�c,�: � � �- �` � �,� -�' ir'in � `� � � � „,.,�� --r i � , __ --I` %'l �, ��'l�Z. � � �, � �� :� '' . �� 'r l �; �v � ��,�� , �_ c � r � � I , �� ` �/? �' �%�; � n �' % , � '`�, y '. r � t '1 �-C� A� Y .7 � � . �t ,' .. � � _�.�. �., u%�:r. c.t�./�"-' � �.� _ V ` ' r�,C� � L � h� � / ��/� 1 �� 1G �': . � �;. 2 � 2/,_ 7 -=�.� /',,�-Cr�- ( ��L. ` , �y�� ' -i� //y �` ' � I , _ � :� 7 c� i� < <� S � � f �I�t i-� Z�� i � ; � � / f�,l �.� i � �� , �r,, �` �u � �� i�� I"��u � �L � �;c1Y' -; � �`� G�'GiY�,9�C l�°ZZU ��/� / =y1 ,�. � / " �3°�� r 9 � O � � er^ l r% Q'/e . , _ , , ^ .._ . �- l� � L��... -�... 2/ ... - � y � . ti. -L � , -dE, �E..;J.r 1 � � � � CITY COUNCIL MEETING OF MAY 22, 2000 Cf1Y OF FRIDLEY The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE. PROCLAMATION: Public Works Week: May 21-27, 2000 LEGISLATIVE UPDATE. APPROVAL OF PROPOSED CONSENT AGENDA: Approval of Minutes: City Council Meeting of Apri124, 2000 City Council Meeting of May 8, 2000 NEW BUSINESS: 1. Receive the Minutes of the Planning Commission Meeting of May 3, 2000 - ................................................................ 1 ti FRIDLEY CITY COUNCIL MEETING OF MAY 22, 2000 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 2. Speciai Use Permit, SP #00-08, by Margaret Greshik, to Construct a Second Accessory Structure Over 240 Square Feet (Detached Garage), Generally Located at 121 Hartman CircleN.E. (Ward 3) ...................................................................... 9- 13 3. Resolution Approving a Plat, P.S. #99-06, by Kurt Manufacturing Company to Replat Property for the Purpose of Purchasing a Portion of the Railroad Right-of-Way, Generally Located East of Rail Line, Behind the Existing Kurt Manufacturing Building at 5280 Main Street N.E. (Ward 3) ................................................................................ 14 - 22 4. Award Contract for City's Entry Monument Signs ......................... 23 - 26 5. Appoint Business Representative to Joint City Task Force befinreen the Cities of Fridley and Columbia Heights .................... 27 - 29 6. Resolution Authorizing Changes in Appropriations for the General Fund, Special Revenue Funds and Capital Improvement Fund for the Fourth Quarterof 1999 ............................................................................ 30 - 33 � FRIDLEY CITY COUNCIL MEETING OF MAY 22, 2000 PAGE 3 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 7. Resolution in Support of an Application for a Minnesota Lawful Gambling Premise Permit for Spring Lake Park District 16 Youth Hockey (K.J.'s Restaurant and Bar, 8298 University Avenue N.E.) (Ward 3) ........................................ 34 - 35 8. Approve Assessment Policy for Replacement of Bituminous Berm Curbing with Conc�ete Curb and Gutter ............................................................................ 36 - 37 9. Resolution Requesting Dissolution of the Minnesota Police Recruitment System ......................................... 38 - 39 10. Claims ....................................................................................... 40 11. Licenses - ....................................................................................... 41 12. Estimates ...................................................................................... 46 FRIDLEY CITY COUNCIL MEETING OF MAY 22, 2000 PAGE 4 ADOPTION OF AGENDA. OPEN FORUM, VISITORS: (Consideration of Items not on Agenda —15 Minutes) PUBLIC HEARINGS: 13. Ordinance Amending Chapter 2 of the Fridley CityCharter .................................................................................. 47 - 49 14. Ordinance Amending Chapter 5 of the Fridley CityCharter .................................................................................. 50 - 60 15. Zoning Text Amendment, ZTA #00-01, by the City of Fridley, Intended to Minimize Loss of Urban Forest by Requiring Tree Preservation Plans as Part of Subdivision Applications - ..................................... 61 63 FRIDLEY CITY COUNCIL MEETING OF MAY 22, 2000 PAGE 5 NEW BUSINESS: 16. First Reading of an Ordinance for a Zoning Text Amendment, ZTA #00-01, by the City of Fridley, Intended to Minimize Loss of Urban Forest by Requiring Tree Preservation Plans as Part of Subdivision Applications 64 - 81 ..................................... 17. Resolution Determining that a Certain Parcel is Occupied by Structurally � Substandard Buildings and is to be Included in a Tax Increment Financing District (349-353 57th Place N.E.) (Ward 1) ....................................................................................... 82 - 84 18. Variance Request, VAR #00-06, by Great Lakes Chinese Restaurant, to Increase The Allowable Square Footage of a Free-Standing Sign From 80 Square Feet To 92 Square Feet, Generally Located at 7890 University Avenue N.E. (Ward 3) 85 - 93 ......................................... 19. Informal Status Reports ................................................................ 94 ADJOURN. / � ;� FRIDLEY CITY COUNCIL MEETING OF MAY 22, 2000 .,�� (� � ' � oF FRIDLEY The City of Fridley will not discriminate a�ainst or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at (763) 572-3500 at least one week in advance. (TTD/(763) 572-3534) PLEDGE OF ALLEGIANCE. PROCLAMATION: Public Works Week: May 21-27, 2000 i %�w`,- �� -Y'Z-e�P--� LEGISLATIVE UPDATE. APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 4. Award Contract for City's Entry Monument Signs.................................... 23 - 26 S� p�'� �.� �s� �P f� �� !�S 0 / 5. Appoint Business Representative to Joint City Task Force between the Cities of Fridley and Columbia Heights ................................... 27 - 29 � � �� `��,�� APPROVAL OF PROPOSE D CONS�NT AGENDA: NEW BUSINESS: � �Q`�'J� �Cxn.� � (� v~n, f1 � 1. Receive the Minutes of the Planning Commission Meeting of May 3, 2000 ......................... 1- 8 2. Special Use Permit, SP #00-08, by Margaret Greshik, to Construct a Second Accessory Structure Over 240 Square Feet (Detached Garage), Generally Located at 121 Hartman Circle N.E. (Ward 3) ............................... 9 -13 3. Resolution Approving a Plat, P.S. #99-06, by Kurt Manufacturing Company to Replat Property for the Purpose of Purchasing a Portion of the Railroad Right-of-Way, Generally Located East of Rail Line, Behind the Existing Kurt Manufacturing Building at 5280 Main Street N.E. (Ward 3) ................................... 14 - 22 Resolution Authorizing Changes in Appropriations for the General Fund, Special Revenue Funds and Capital Improvement Fund for the Fourth Quarter of 1999 .................................... 30 - 33 7. Resolution in Support of an Application for a Minnesota Lawful Gambling Premise Permit for Spring Lake Park District 16 Youth Hockey (K.J.'s Restaurant and Bar, 8298 University Avenue N.E.) (Ward 3) . 34 - 35 8. Approve Assessment Policy for Replacement of Bituminous Berm Curbing with Concrete Curb and Gutter ................................... 36 - 37 Resolution Requesting Dissolution of the Minnesota Police Recruitment System ... 38 - 39 �. . FRIDLEY CITY COUNCIL MEETING OF MAY APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 10. Claims ................................ 11. Licenses 12. Estimates ADOPTION OF AGENDA OPEN FORUM, VISITORS: 40 ... 41 - 45 ................................ 46 ,� � ;` (Consideration of Items not on Agenda —15 Minutes) PUBLIC HEARINGS: �� / �� (� : oU 6� b 13. Ordinance Amending Chapter 2 of the Fridley City Chart r ................................ 47 - 49 ��6� � � �` � r �- 14. Ordinance Amending Chapter 5 of the Fridley City Charter .................................... 50 - 60 � �� J o p.�"` d- �„�-w�-' _ �x/')y, ��P�C. V ^ � � �� n �� 5 2000 PUBLIC HEARINGS (CONTINUED): � � PAGE 2 15. Zoning Text Amendment, ZTA #00-01, by the City of Fridley, Intended to Minimize Loss of Urban Forest by Requiring Tree Preservation Plans as Part of Subdivision Applications .................................... 61 - 63 , U � � �,� �3 � �" ° �Sp � ��:B1�� a�- . , NEW BUSINESS: � � �-� �S�j aP � �� '��jr� 16. First Reading of an Ordinance for a Zoning Text Amendment, ZTA #00-01, by the City of Fridley, Intended to Minimize Loss of Urban Forest by Requiring Tree Preservation Plans as Part of Subdivision Applicati s .............................. ... 64 - 81 � � c r; �, �� s� �,� � 17. Resolution Determining that a Certain Parcel is Occupied by Structurally Substandard Buildings and is to be Included in a Tax Increment Financing District (349-353 57th Place N.E.) (Ward 1) Q , .................................... 82 — 84 � � �� 5�' 18. Variance Request, VAR #00-06, by Great Lakes Chinese Restaurant, to Increase The Allowable Square Footage of a Free-Standing Sign from 80 Square Feet To 92 Square Feet, Generally Located at 7890 University Avenue N.E. (Ward 3) ... 85 - 93 ��g � ��--�� Si� �.�, �� + �� /� s� �'� s�` :-� 19. Informal Status Reports .......................... 94 � ADJOURN. � � ; (l %� � � . ( lJ ..� � / PUBLIC WORKS WEEK MAY 21- 27, 2000 yV.NEREAS, public works services provided irc our cornnu�nity are an integral part of the every clar lives of our citizens; and, WHEREAS, the, suppori arccl ur�derstanding of City residents is vital to the e�icier�t operation of public works systems such as water, sewers, streets, higlzways, parks, public buildings, and snow removal; artd, WHEREA.S, ihe health, safety and comfort of this comrrucrcity greatly depends on these facilities arzd services; ancl, WHERFAS, the quality ancl effectiveness of these facilities, as we.11 as their pla,�ning, desigre, mainte�zance, azd construction are vitally clependent uport the P,fforts aazd skills of Public Wor/�.s personnel; ancl, WHERFAS, the efficiency nf the qualifiecl ared dedicatecl personreel who staf� Public Works clepartrru�nts is materially ir�fluenced by the people,'s aititude aizd understanding of the importarece of che cvork th�� perform. NOtiV, THEREFORE, BE IT RESOLVED, that I, Nancy.I. Jor;enson, Mayor of the City of Fricllc�; hereby proclaim May 21 - 27, 2000 as: PUBLIC WORKS WEEK ir� the City of Fridley, ar�d call upon all citizens aizd civic organizations to acquairet tlzemselves with the problems involved in providirtg public works services, and to recognize, the coniributions Public Works Departrnent personnel rnake every day to our health, safety, ancl comfort. IIV WITNESS WHEREOF, I have hereu�zto set rrc1� hand and caused the seal of the City of Fridley to be af�ed this 22red day of May, 2000. 1Vancy J Jorgenson, Mayor THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF APRIL 24, 2000 The Regular Meeting of the Fridley City Council was called to order by Mayor Pro Tem Barnette at 7:30 p.m. PLEDGE OF ALLEGIANCE: Mayor Pro Tem Barnette led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Pro Tem Barnette, Councilmember Billings, Council- member Wolfe and Councilmember Bolkcom MEMBERS ABSENT: Mayor Jorgenson STATEMENT OF MEETING CONDUCT: Please be reminded that those present at today's meeting may hold a variety of views and opinions regarding the business to be conducted. The exercise of democracy through representative local government requires that ALL points of view be accommodated at these proceedings. It is further expected that a standard of mutual courtesy and respectfulness be exercised by all in attendance, through our individual expression, manner of speaking, and conduct. Therefore, please receive the views of other with the same degree of courtesy and respect which you desire to be given your views and opinions. Any departures from this standard will be addressed by the Presiding Officer through whatever means are deemed appropriate. Thank you for your attendance at today's meeting, and your agreement to abide by these standards of personal conduct. PROCLAMATION: Veterans' Buddv Po�pv Dav - Mav 19, 2000 Mayor Pro Tem Barnette stated that May 19, 2000, will be proclaimed as Veterans' Buddy Poppy Day. Mr. George Arnold, representing the Veterans of Foreign Wars, stated that he wanted to thank Council for the proclamation and for allowing the VFW to distribute poppies in the City of Fridley. The VFW helps the schools, senior citizens and the people of the community. They donate scholarships and money to kids for programs including football, baseball, and basketball. APPROVAL OF PROPOSED CONSENT AGENDA: MOTION by Councilmember Bolkcom to approve the proposed consent agenda as presented. Seconded by Councilmember Wolfe. FRIDLEY CITY COUNCIL MEETING OF APRIL 24 2000 PAGE 2 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES: City Council Meeting of April 10 2000 Councilmember Bolkcom stated that under Item No. 14, the variance request by Duke-Weeks Realty should state 130 square feet rather than the 160 square feet for the allowable size of the free standing sign. APPROVED CITY COUNCIL MEETING MINUTES OF APRIL 10, 2000 AS AMENDED. NEW BUSINESS: 1. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF APRIL 5, 2000: RECEIVED THE MINUTES OF THE PLANNING COMMISSION MEETING OF APRIL 5, 2000. 2. SPECIAL USE PERMIT REOUEST, SP #00-03, BY MAERTENS-BRENNY CONSTRUCTION COMPANY, TO INCREASE THE ALLOWABLE LOT COVERAGE TO ACCOMMODATE A PROPOSED NEW BUILDING FOR METAL-TEK, INC., GENERALLY LOCATED AT 7901 MAIN STREET N E (WARD 3): Mr. Burns, City Manager, stated that this was consideration of a motion to approve a special use permit for Maertens-Brenny Construction Company for property located at 7901 Main Street. The special use permit would allow a 50,561 square foot building to be constructed on a lot that contains 107,182 square feet. The City's M-2 zoning code allows lot coverage up to 50 percent, but requires a special use permit for coverage greater than 40 percent. In this case, the coverage would be 47 percent. The praposed building is being built for Metal-Tek, Inc., a local manufacturer. The building will be occupied by blast furnaces. Molten steel is poured into casts for machine parts such as snowmobile and garden tractor engine blocks. Planning Commission unanimously concurred with staff in approving the special use permit with six stipulations at their Apri15 meeting. Staff recommends Council's approvaL APPROVED SPECIAL USE PERMIT REQUEST, SP#00-03 WITH THE FOLLOWING SIX STIPULATIONS: 1) ALL PROPER PERMITS SHALL BE OBTAINED PRIOR TO START OF CONSTUCTION; 2) FINAL DRAINAGE CALCULATIONS AND PLAN TO BE APPROVED BY CITY ENGINEERING STAFF PRIOR TO ISSUANCE OF A BUILDING PERMIT; 3) THE PETITIONER SHALL COMPLY WITH CITY ORDINANCES REGARDING SNOW PLOWING AND SNOW STORAGE. IF THE SNOW CANNOT BE PROPERLY STORED ON SITE, THE PETITINER IS RESPONSIBLE TO FIND FRIDLEY CITY COUNCIL MEETING OF APRIL 24, 2000 PAGE 3 A SUITABLE OPTION WITHOUT CAUSING THE NECESSITY FOR ON- STREET PARKING BY THE PETITIONER'S EMPLOYEES; 4) THE PETITIONER AND PROPERTY OWNER SHALL MEET WITH CITY PLANNING, BUILDING, AND ENGINEERING STAFF FOR A PRE- CONSTRUCTION MEETING PRIOR TO ISSUANCE OF A BUILDING PERMIT. THE PETITIONER SHALL CONTACT PLANNING STAFF TO COORDINATE MEETING; 5) THERE SHALL BE NO OUTDOOR STORAGE OF EQUIPMENT, SUPPLIES, OR PRODUCT; AND 6) ANY PROPANE TANKS LOCATED ON SITE SHALL BE STORED IN ACCORDANCE WITH STATE AND FEDERAL STANDARDS. 3. SPECIAL USE PERMIT REQUEST, SP #00-04, BY KENNETH J. STEIES, TO ACCOMMODATE A RESTAURANT AND BAR. GENERALLY LOCATED_AT 8298 UNIVERSITY AVENUE N.E. (WARD 3): Mr. Burns, City Manager, stated that the petitioner, Kenneth Steies requested this permit for operation of a bar within his restaurant at 8298 University Avenue (formerly Moose Club). The Planning Commission unanimously approved the request at their April 5 meeting with twelve stipulations. Staff recommends Council's approval. APPROVED SPECIAL USE PERMIT, SP #00-04 WITH THE FOLLOWING STIPULATIONS: 1) ALL PROPER PERMITS SHALL BE OBTAINED PRIOR TO START OF REMODELING; 2) THE PETITIONER SHALL REMOVE EXISTING HORSESHOE PITS AND RETURN TO PARKING AREA OR REVERT TO GREEN SPACE. RESTORATION SHALL INCLUDE CREATING A CLEAN EDGE TO THE BROKEN ASPHALT IN THIS AREA, OR REMOVAL OF THE OF THE ASPHALT ENTIRELY; 3) PETITIONER SHALL REPAIR POTHOLES, OVERLAY, AND RESTRIPE PARKING LOT. PARKING LOT SHALL BE RESTRIPED TO MEET ALL HANDICAP STALL REQUIREMENTS; 4) ALL RETAINING WALLS MUST BE PROPERLY ENGINEERED AND RECONSTRUCTED; 5) PROPER GUARD RAILS AND PROPER HANDRAILS SHALL BE INSTALLED WHERE REQUIRED; 6) WOODEN STEPS ON SOUTH SIDE OF BUILDING, GOING DOWN TO PARKING LOT, SHALL BE DESIGNED TO NOT HAVE OPEN RISERS OR STORAGE BELOW STAIRWAY. THESE STAIRS MUST BE CERTIFIED TO MEET WEIGHT REQUIREMENTS; 7) ENGINEERING TO BE PROVIDED TO CERTIFY LOAD CAPACITY OF EXISTING DECK. IN ADDITION, ANY ROTTED, BROKEN, OR CRACKED DECKING SHALL BE REPLACED; 8) THE EXISTING SHED SHALL BE REMOVED OR CODE REQUIRED FIRE- WALL INSTALLED; 9) IRRIGATION SHALL BE INSTALLED TO ALL GREEN SPACE AREA, INCLUDING BOULEVARD, AS REQUIRED BY CITY CODE; 10) A CODE-REQUIRED GARBAGE DUMPSTER ENCLOSURE SHALL BE PROVIDED ON SITE; 11) NO OUTDOOR STORAGE SHALL BE ALLOWED ON THIS SITE. ALL EXISTING GARBAGE, SCRAP, JUNKED APPLIANCES, AND LUMBER SHALL BE REMOVED FROM THE SITE; 12) THE PETITIONER SHALL CERTIFY THAT ALL HVAC AND REPLACEMENT AIR EQUIPMENT MEET REQUIRED STANDARDS. FRIDLEY CITY COUNCIL MEETING OF APRIL 24, 2000 _PAGE 4 4. RECEIVE BIDS AND AWARD CONTRACT FOR STREET IMPROVEMENT PROJECT NO. ST. 2000 - 1: Mr. Burns, City Manager, stated that this was consideration of a motion to receive bids and award a contract for 2000 neighborhood street improvements. The 2000 street improvement project includes the University Avenue East Service Drive, the 73`a Avenue Service Drive, Symphony Street, Symphony Court, 74th Avenue and 71S` Avenue. Since the Northco project was assessed for a final mat at the time the project was developed, the City also bid the resurfacing of Northco Drive as an alternate bid. Six bids were received for this work with W.B. Miller, Inc., submitting the low bid in the amount of $658,507. The amount includes $50,690 for Northco Drive. The low bid is considerably over the $500,000 that was budgeted. The overage is attributable to higher fuel prices that aze reflected in the cost of asphalt. Since the Streets portion of the General Capital Improvements Fund has a balance of $2,237,255, staff recommended Council's approval of the low bid amount and with the low bidder, W.B. Miller, Inc. of Elk River Minnesota. RECEIVED BIDS AND AWARDED CONTRACT FOR STREET IMPROVEMENT PROJECT NO. ST. 2000 -1 TO W.B. MILLER, INC. 5. APPROVE CHANGE ORDER NO. 1 TO THE HYPOLIM AERATOR REPLACEMENT FOR MOORE LAKE: Mr. Burns, City Manager, stated that the change order would allow us to replace the air supply line for the Moore Lake aerator. The cost of the supply line is $2,500 and would be payable to Heigi Enterprises, the contractor who is replacing the aerator. The additional amount would bring the total cost of the project to $29,605, an amount that is within the $30,000 budgeted for the project. APPROVED CHANGE ORDER NO. 1 TO THE HYPOLIM AERATOR REPLACEMENT FOR MOORE LAKE. 6. RESOLUTION NO. 32-2000 IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT FOR ITALIAN AMERICAN MINNEAPOLIS FOUNDATION CLUB (MAIN EVENT, 7820 UNIVERSITY AVENUE N.E.) (WARD 3): Mr. Burns, City Manager, stated that this permit is for a pull tab operation at Main Event on University Avenue. Their current permit expires on June 30, 2000. Since the City knows of no problems associated with this pull tab operation, staff recommended that the charitable gambling premise permit be renewed for a period which extends from July 1, 2000 to June 30, 2001. ADOPTED RESOLUTION NO. 32-2000 IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT FOR ITALIAN AMERICAN MINNEAPOLIS FOUNDATION CLUB (MAIN EVENT, 7820 UNIVERSITY AVENUE N.E.). FRIDLEY CITY COUNCIL MEETING OF APRIL 24 2000 PAGE 5 7. RECONSIDER PARAGON CABLE SETTLEMENT: Mr. Burns, City Manager, stated that this was consideration of a motion approving a settlement with Time Warner, Inc. In 1997 Time Warner, Inc. acquired Paragon Cable from Houston Industries. The City billed Paragon for all City costs associated with the review of the transfer. Paragon agreed to pay the City's legal and advertising costs but refused to pay for staff time. Council subsequently rejected this settlement amount. With the transfer of the local cable company from Time Warner, Inc. to AOL, the offer to settle past claims has been renewed by Time Warner, Inc. They are willing to provide $4,414.17 to cover the City's legal costs for the 1997 transfer of ownership. They have also indicated a willingness to pay the $93 in advertising costs the City incurred in 1997 and the $103 in advertising costs that we paid this year. Staff recommended Council's approval. APPROVED PARAGON CABLE SETTLEMENT. 8. CLAIMS: APPROVED PAYMENT OF CLAIM NOS. 92848 THROUGH 93062. 9. LICENSES: APPROVED ALL LICENSES AS SUBMITTED. APPROVAL OF PROPOSED CONSENT AGENDA MOTION by Councilmember Bolkcom to approve the proposed consent agenda as presented. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF AGENDA: MOTION by Councilmember Bolkcom, to adopt the agenda. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM, VISITORS: Mr. Larry Miskowiec, 440 Ely Street, stated that he agreed with the "no pazking" ordinance for the months of November until May, but there are some police officers that tag and others that look the other way. He felt ticketing in "no parking" zones should be enforced 100 percent or the City of Fridley will be like the City of Minneapolis. FRIDLEY CITY COUNCIL MEETING OF APRIL 24, 2000 PAGE 6 PUBLIC HEARINGS: 10. RIVERVIEW HEIGHTS AREA IMPROVEMENT PROJECT NO. ST. 1999 - l: MOTION by Councilmember Bolkcom to waive the reading and open the public hearing. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 7:45 P.M. Mr. Pribyl, Finance Director, stated that the project assessment pertains to the roadway reconstruction in the Riverview Heights area. The project area is from East River Road to the Mississippi River and from 79�' Way to the north boundary of the City. The proposed assessment is $1,000 per property for the storm water portion. It has an assessment period of fifteen years. The concrete, curb, and gutter portion is based on $14.00 per lineal foot and assessed for a period of fifteen years. There were also some driveways that were assessed for a period of five years. The total cost of the assessments is $481,157.74. The City's portion of the project is $1,936,706.45. MOTION by Councilmember Bolkcom to receive letters from Richard Smith, Claudia and Mike Geis, Dennis Roelke, and Frank D'Aigle. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Bolkcom stated that some people have more than one property identification number (PIN) for their property. Mr. Pribyl stated that there are a number of properties in that area that have small front footages. The City notified the property owners a year ago that it would be possible to combine a number of pieces into one piece to reduce the assessments on the number of lots. There are a number of people doing that, but he was also aware that there are still people who have not done the combination. The Geises are still in a process of completing a combination. The Geis properties will be brought to Council when they finish the final plat on this to reduce the number of lots to be assessed. Councilmember Bolkcom stated that even though Council was holding the public hearing approving the assessments, at some time if people are in the process of completing their P�Ns that could still be corrected down the line. Mr. Pribyl stated that was correct, but at this point the property owners need to be in the process of doing it because of the time frame involved. Council will be receiving another action abating the corrections. Councilmember Bolkcom asked how long it normally takes. FRIDLEY CITY COUNCIL MEETING OF APRIL 24, 2000 PAGE 7 Mr. Bolin, Planner, stated that it takes sixty days from the time of application to get preliminary plat approval. After that it would be as soon as the petitioner can have the County review their final plats. Mayor Pro Tem Barnette stated that letters were sent out to the property owners telling them that it was to their advantage to do this. He asked how many property owners have not combined their properties. Mr. Pribyl stated that he does not have the numbers of who did not respond. Councilmember Bolkom asked Mr. Flora if he could go through how the City decided who would be assessed as far as the storm water improvement. Mr. Flora, Public Works Director, stated that everything west of East River Road drains down the street into pipes discharging into the Mississippi River. In this project, the City collected all those waters and brought them southwazd to 79�' Way into a retention pond. This collected all the water west of East River Road within the project area. The determination of assessing those properties at $1,000 per lot was established per PIN parcel. The cost associated with the cost of the project is curb and gutter identified at the cost of $14.00 per front foot based on the addressed property. Councilmember Bolkcom asked how long they have been doing the assessment for the concrete, curb, and gutter. Mr. Flora stated that it has been since 1992. Councilmember Bolkcom asked Mr. Knaak about the letter with the question of the lot that may not be buildable. She also asked him if he felt it would be an improvement and if he was objecting to the assessment. Mr. Knaak, City Attorney, stated that it does not matter whether or not a structure could be put on the lot. It is possible that a parcel that has adjoining lots or neighbors interested in purchasing for expanding the size of their own properties could do so. The existence of curb and gutter on that parcel enhances the value. Ms. Claudia Geis, 520 Dover Street, asked if the assessment was based on building parcels. Mr. Pribyl stated that it is based on lots. Ms. Geis asked if it was based on PINs. Mr. Pribyl stated that was correct. Ms. Geis stated that they are close to finishing their County approval. She asked if they would they have to wait later in the meeting for Council approval regarding the abatement to go ahead with the building permit and build a home. FRIDLEY CITY COUNCIL MEETING OF APRIL 24 2000 PAGE 8 Mr. Pribyl stated this item will be brought back to Council. He said another resolution will abate the PINs that are not going to be assessed starting next year. Ms. Geis asked if they would have to pay $10,000 up front for the assessments that are pending. Mr. Pribyl stated that once they have completed the process, the title company would be asking what the pending specials are. There are only two PINs involved in the final plat. The City would make sure that that information would be indicated to the title company. This would be a process for the City Council in the fa1L Ms. Geis asked how the assigned PIN were picked for the property assessments. Mr. Flora stated that in 1973, the Council established $600 per parcel for storm water improvements. In 1992, the number was raised to $1,000 per parcel for PINs. This has been carried on as a uniform figure on all of the storm water improvement projects. Mayor Pro Tem Barnette stated that the whole object to combine these was so it would not cost more. Ms. Geis stated that they were going to go ahead and just combine them, but they had an imaginary street in the middle of all of these little tiny properties. They had to go ahead and vacate the street. She asked that Council not adopt the assessment at this time. Councilmember Bolkcom asked why Ms. Geis suggested that Council not adopt the assessment. If the assessment is passed, it does not mean that everyone has to pay up front tonight or tomorrow. Mr. Pribyl stated that there is a period of time for prepayment for anybody who would like to. This is spread onto the tax bill starting next year. This prepayment is without interest. After that it does accrue interest. In the Geis's particular case with an abatement, it really would not affect them. They can still complete their process without any negative impacts. Ms. Geis stated that she was under the impression that the interest would accrue from the adoption date according to the letter that was mailed out. Mr. Pribyl stated that interest does begin to accrue thirly days after the adoption, but there is a period of time they can prepay it. Councilmember Bolkcom asked Ms. Geis if she knew how long it would be before the combination is taken care of. Ms. Geis stated that the check was written out to Anoka County on March 4, and it is still not completed. They needed a surveyor. She and her husband are expecting the filing to be completed within two weeks to thirty days according to the surveyor. Councilmember Bolkcom stated that she is being assessed right now on every PIN. If the resolution were passed that evening they would start incurring interest on it. FRIDLEY CITY COUNCIL MEETING OF APRIL 24 2000 PAGE 9 Ms. Geis stated that they have not cashed the check yet. Mr. Pribyl stated that in this case, the only thing that will be remaining is the final plat. They have been diligent in getting involved in the process. It is thirty days from the date that the assessment is approved. Councilmember Bolkcom asked if anyone involved in the process of combining their PINs could also abate the interest. Mr. Pribyl stated that they could. Mr. John Drummond, 8345 Riverview Terrace, stated that he has three lots. He asked where the assessment ends going from 79�' Way. Mr. Flora stated that it ends at the corporate limits, Coon Rapids. Mr. Drummond asked about below 79`� Way. Mr. Flora stated that there are three different improvements in that area: storm water; concrete curb and gutter; and street and sanitary line improvement. Mr. Drummond stated that there is no curb and gutter at his place. Mr. Flora stated that his residence is north of 79�' Way and on Riverview Terrace and does have curb and gutter. Mr. Drummond stated that there is one house next door to him. There is no curb and gutter at his house, but is he being charged for that. Mayor Pro Tem Barnette stated that the streets south of 79�' Way were assessed two or three years ago for the same kinds of reasons. Those residents have paid. Councilmember Bolkcom stated that the Riverview Terrace project that has been in the works for more than five years. Ultimately, everyone paid for it because there is $1,900,000 paid out of the City's t�es. Everyone is paying besides the people that actually live in the area. Mr. Drummond stated that there is a huge flooding area from 79�' Way to the south. Mr. Flora stated that that is a park area. Mr. Drummond stated that he meant north of Alden Way right there at the 79�' Way area. He has three lots. Councilmember Bolkcom stated that staff will need to look at his lots. Mayor Pro Tem Barnette asked Mr. Drummond if he would give Mr. Flora his telephone number so he could call him back. FRIDLEY CITY COUNCIL MEETING OF APRIL 24, 2000 PAGE 10 Mr. James Konold stated that he is the former owner of 561 Ironton Street. He said the property has been sold, and the City escrowed $3,000 on him. He said he filed before the deadline. They have two PINs that will be combined. He asked how long his money would be in escrow. Mr. Pribyl stated that as soon as the City passes the resolution approving the assessment, the City provides the information to the title companies. Then, it would be however long it takes to release those from the title companies. Mr. Dennis Roelke, 8215 Riverview Terrace, stated that he recently sent a letter regarding this matter. Councilmember Bolkcom stated that his questions in the letter were regarding the fact that he had assessments already on the side lot. Mr. Roelke stated that there are eight or nine houses that had side lot assessments that presently only have the front lawn assessed. He felt that since he had the side lot assessments, it should be subtracted off the front lawn assessments since he has a corner lot also. Councilmember Bolkcom asked Mr. Flora how this should be handled. Mr. Flora stated that in the 1960's when the City was just growing, they had a front yard and side yard assessment policy. At that time, when they did a project, they took the total cost, total footage of the front yards and took one half way down the street in the other direction as a one- third payment into the assessed value. When they did Ironton Street, he paid for the two lots, front footage that faced on Ironton Street and one-third of the Riverview Terrace property as a side yard assessment which paid for the concrete and curb on Ironton Street. Now, they are assessing the concrete and curb on Riverview Terrace. Mr. Roelke stated that he has a problem with the way they are doing this. His neighbors down the block are not paying the side yard assessment which he has already paid. Mr. Roelke stated that if he lived on Cheryl Street, he would only be paying Riverview Terrace, he would not be paying his Cheryl Street side. He has already paid his Ironton Street side. He wanted to know why he should have to pay full price on the Riverview Terrace side. Mr. Flora stated that this is the policy the Council has adopted over the years. Councilmember Bolkcom asked if he paid something for the Riverview Terrace side Mr. Flora stated that he paid for four lots. Two of the lots face Iranton Street, and two of the lots go the other direction facing Riverview Terrace. He paid one-third of the side yard on the Riverview Tenace lots. Councilmember Bolkcom asked if he had been assessed something for Riverview Terrace. Mr. Flora stated that he has only been assessed for Ironton Street. FRIDLEY CITY COU'NCIL MEETING OF APRIL 24, 2000 PAGE 11 Mr. Roelke stated that the addresses in his area are random at best. There are houses that are on Riverview Terrace that are not addressed Riverview Terrace. There are houses on Broad Avenue that are not addressed to Broad Avenue. It was questionable whether the front of his house is on Riverview Terrace or Ironton Street. The only thing that faces Riverview Terrace is his garage. His address is 8250 Riverview Terrace. Councilmember Billings stated that the policy that was in place in 1960 was for all of the curb and gutter that was placed in the City to be assessed. When there was a side yard, the policy in 1960 was that the corner was charged for rounding the corner. The cost for going around the corner was spread out all along the entire street of Ironton Street. Therefore, everybody on Ironton Street was assessed for curb and gutter. In addition, he said that Mr. Roelke, living on a corner, was assessed a little more for the curb and gutter on Ironton Street. He was not assessed for the curb and gutter on Riverview Terrace. He cannot address the policy that was developed in the 1960's. The City Council saw fit to change the policy in the 1980's probably. The policy in effect now is that residents are assessed for the front foot. Mr. Roelke stated that he thinks that the City should consider his situation unique. Councilmember Billings stated that he paid for the benefit of the curb and gutter on Ironton for thirty some years. Mr. Roelke stated that he has the benefit of curb on one side and asphalt curb on the other. Councilmember Wolfe asked if this situation has happened before. Mr. Flora stated that every property on the corner has two sides. Councilmember Wolfe stated that Mr. Flora stated earlier that this is a unique situation. Mr. Flora stated that it is not unique. Every corner property has two curbs. The City is only assessing for front yard footage now. Mr. Norman Johnson, 515 Dover Street, stated that he wondered what has been done with the storm sewers on Dover and Ely Streets. He does not see that one thing has been changed since 1960. Mr. Flora stated that all the water from those streets are collected on Riverview Terrace, and the pipes run downhill into the drainage area. Mr. Johnson stated that there are two collection basins at the corner of Ely and Dover Streets. Mr. Flora stated that it is controlling the drainage into Springbrook Creek. Springbrook Creek has been changed into essentially a retention pond and flood basin. The flood control structure has gone into the creek to prevent the river from backing up, and the whole area has been changed as far as storm water. Councilmember Bolkcom stated that water goes into the creek but ultimately goes into the retention basin. FRIDLEY CITY COUNCIL MEETING OF APRIL 24, 2000 PAGE 12 Mr. Johnson stated that he does not understand the project. He felt that the water is going into the river the same as it always has. Mr. Flora stated that all of the drainage in the City goes to the river. Councilmember Bolkcom stated that it is not all draining the same, the water is coming down Riverview Terrace, and then setting into the pond and then going into the river. Mr. Larry Korzenowski, 529 Janesville Street, asked if they are going to be assessed for the concrete and curb on Janesville Street. Mr. Flora stated that if he did not get a letter, he will not be assessed. Mr. Korzenowski stated that he did not get a letter. He asked what the cost would be of $1,000 for the sewer with interest over fifteen yeazs. Mr. Pribyl stated that he did not know the answer at this time. Mr. David Gangl, 550 Lafayette Street, stated that they have had problems since he has moved in with the street flooding in the spring. It is caused by the storm sewer across the street from his address. This spring it backed up again, and he thought that was what the project was supposed to do. It is the northernmost street in Fridley. Mr. Flora stated that there was a pipe put in to collect the water and bring it down the hill. The pipe has improved the flow, but it did not change the street or change the existing driveway line. Mr. Gangl stated that his side of the street is fine. It is the opposite side of his street that floods every year. Mr. Flora stated that he was not aware of any pipe flooding this year. Mr. Gangl stated that he called the City and watched them as they came over to work on it. Councilmember Bolkcom stated that Mr. Flora could look at the records. Mr. Gangl stated that it was dug up four times and was not even fixed the first time. They did not have the right parts. Mr. Burns stated that they would have to take a look at this. Mr. Gangl stated that when the City leveled the street, they never cleaned any dirt out of the drains. Someone was suppose to remove it, but they never did. Mayor Pro Tem Barnette stated that perhaps he could leave his telephone number with Mr. Flora so he could get back to him. Mr. Miskowiec stated that he is high on top of the hill at 440 Ely Street. He agrees with the gentleman on Dover Street. When there is a heavy rain, he watches the creek overflow, and all FRIDLEY CITY COUNCIL MEETING OF APRIL 24, 2000 PAGE 13 the children come down in inner tubes having a great time. He is totally against the project and thinks it is a waste of money. No where does it say whether the interest is fixed or adjustable. Mr. Pribyl stated that is fixed. Mr. Miskowiec stated that it should say it is fixed in the letter. Mr. Dan Fay, 729 Kimball Street, asked if the $1,000 issue had to do with environmental issues. Mr. Flora stated that it was for the storm water system. Mr. Fay asked if there was State environmental fund money that they could use. Mr. Flora stated that the City submitted three applications for grant money. Mr. Paul Westby, 8320 Broad Avenue, stated that there are three people that share the same width of his property. His property is in the back by the river and 8310 and 8330 Broad Avenue are basically on the front side of his property. The properties are all being assessed separately, and he requested that they be assessed together. Councilmember Bolkcom stated that it is based on PINs. Dr. Westby stated that those properties overlay his property, and they share the same width. He has a driveway that enters onto Broad Avenue. That is the part that he owns for the total width of his property. There are always special situations. He asked the City to consider this as a special situation. Councilmember Billings asked how much distance the three of them own on Broad Avenue. Dr. Westby stated that his property is approximately 170 feet. The other two properties overlay his property, so each of those will have half of that distance. Ms. Dacy stated that these are the three lots that were annexed into the City of Coon Rapids. Mr. Bolin stated that Dr. Westby's property is accessed by a small lane coming in from Broad Avenue. The two properties on the front of his are Lots 22 and 23. Councilmember Billings stated that he is looking at the assessments. 8310 is at 68.9, 8330 at 77.5 that adds up to 146.4. Dr. Westby is at 156.4 but it should probably be like ten feet only. Dr. Westby stated that is what he is confused about. Councilmember Billings stated that the total frontage on Broad Avenue all being assessed to Dr. Westby. The other two properties are being assessed at 146.4. Dr. Westby stated that if that is the way it is done, he wants to be a good citizen, but it seems strange. FRIDLEY CITY COUNCIL MEETING OF APRIL 24, 2000 PAGE 14 Mayor Pro Tem Barnette stated that he accesses his home off the block. Two properties are on either side of him, and he has no frontage on any street other than the driveway. Dr. Westby stated that was correct. Councilmember Bolkcom stated that this is something that needs to be reviewed. Dr. Westby stated that there are three houses where Broad Avenue curves up into Lafayette Street. Mayor Pro Tem Barnette stated that it is an unusual situation. Councilmember Bolkcom stated that they will call him if they have any other questions. Mr. Leo Caroon, 521 Dover Street, asked where the creek v✓ent into the holding pond. Mr. Flora stated that the west side of the creek is a holding pond, and the east side of the creek is a retention basin controlled by the flood control structure put on the end of the creek south of 79�' Way. Mr. Caroon asked why the people on the east side of East River Road do not have to pay when their water runs into the creek. Mr. Flora stated that is another drainage district and they are assessed separate. Mr. Caroon asked if they had their own creek. Mr. Flora stated that they use Springbrook Creek. Mr. Caroon stated they should be assessed for the holding pond too. Mr. Flora stated that they did the improvements on there already. Basically, all the people in Coon Rapids and Spring Lake Park and Blaine could be paying for the improvements because they use it, too. Councilmember Billings stated that they are assessing $1,000 for several lots for the storm water assessments. He asked if that covers all of the cost of the storm water project. Mr. Flora stated that it does not. Councilmember Billings stated that they basically pay for storm water projects out of the storm water fund at whatever cost they happen to be. Then they assess based on $1,000 per buildable lot on a City-wide basis. They could have a situation where they assess the entire drainage area that is affected by the immediate project that they are doing. Almost all of the water in Fridley drains into one of the creeks they have. They assess $1,000 per buildable lot. That is not necessarily intended to capture all of the costs of a particular storm water project. This means that the entire area that they are doing that the water drains from gets assessed all at once. This fee is a reimbursement to the storm water fund to try and keep the fund in sufficient amounts so FRIDLEY CITY COUNCIL MEETING OF APRIL 24, 2000 PAGE 15 they can continue to do the storm water projects. Multiple neighborhoods waters are flowing through the system in his area, but he is paying no more or less than the other people. Mr. Roelke asked if there was any other neighborhood that has the storm water holding pond like they have that diverts water down the street instead of directly into the river. Mr. Flora stated that on 64�' Way the neighborhood south of Mississippi Street, and east of Central Avenue. Councilmember Bolkcom stated that every project is a little different because every neighborhood is a little different. Mr. Drummond asked if they could explain what they meant by buildable lot. Mr. Flora stated that they are billing on the tax ID numbers. If they all have a separate PIN number then they all have to have an assessment. Councilmember Billings stated that on page 145 of the assessment roll, there are two lots listed. One has 30 feet of frontage and one is 49.9 feet of frontage, and those are not buildable as one lot, but he is being assessed $1,000 two different times. Councilmember Billings said that Mr. Drummond could talk to the Assessor because they appear to be side by side and unbuildable individually, and they should be combined into one PIN number. A letter was sent out in 1999 addressing that issue. Mr. Pribyl stated that both the planning department and assessor's office will need to get involved. Councilmember Bolkcom stated that they have Mr. Drummond's name and telephone number to contact him. Mr. Drummond asked if he would be billed if he does not have curb and gutter in front of his place. Councilmember Bolkcom stated that they were going to go back and look at his property and call him with more information. Mayor Pro Tem Barnette stated that the whole purpose of the hearing was for any questions. Council can table this until a further date until the questions are answered. Councilmember Bolkcom stated that they are dealing with 378 properties. There may be mistakes. Mr. Mike Geis, 520 Dover Street, indicated that the two houses closest to East River Road on Dover and Ely Streets drain into East River Road. The rest of them go to two catch basins with one culvert running into the creek. He asked how this was assessed at $1,000 and if it was for storm sewer. Mr. Flora stated that it was for the storm water portion of the project. FRIDLEY CITY COUNCIL MEETING OF APRIL 24, 2000 PAGE 16 Mr. Geis stated that Mr. Flora said all of the water goes into the creek. There is a holding pond there, and all of the water comes from all the other streets into the holding pond. Mr. Flora stated that the streets ones that do not are part of 79�' Way and part of Dover and Ely Streets on top of the hill. Mr. Geis stated that his street goes into the creek, and the creek goes into the river. It does not go into the holding pond. Mr. Flora stated that they built a flood basin on the east side of the creek on the north side of 79`�' Way. This holds the water for when it comes down to the creek. Mr. Geis stated that otherwise it goes right into the river. Mr. Flora stated that all the water goes into the river. Mr. Geis asked when this other deal kicks into effect. Mr. Flora stated that when the Mississippi River starts rising, the plan is to close the flood control structure they built on the south side of 79`� Way. Mr. Geis stated that everybody is on the assumption that it goes right into the creek. Mr. Flora stated that there are two metal hatches that he would see when he drives by. The gates on the river are closed when the river is flooding. Dr. Westby asked if there have been any restrictions of pesticides or herbicides or fertilizer on lawns. Mr. Flora stated that pollution requirements is another issue that will be an educational policy for the City. Dr. Westby stated that he has seen Chem-lawn come out. The runoff goes right into the river. Mr. Miskowiec asked if the homeowners on the east side of East River Road on 80�' are going to be assessed because their water runs into the same brook as the people on the west side of East River Road. Mr. Flora stated that East River Road is not part of the project. Councilmember Bolkcom stated that this is an assessment because of the Riverview Heights project and has nothing to do with the assessment for the East River Road project. There are some issues being looked at on the other side of East River Road and there a.re some County issues there. There are issues with flooding on that side. Mr. Flora stated that there are erosion problems on the east side of East River Road and Springbrook Creek. FRIDLEY CITY COUNCIL MEETING OF APRIL 24, 2000 PAGE 17 Mr. Miskowiec stated that they should be included to drop the assessment down. Councilmember Bolkcom stated that the assessment would not be any lower because it is at $1,000 for a storm water project per PIN. They are looking into having a neighborhood meeting in the East River Road neighborhood to let people know what is happening and what the cost may be for a project. Mr. Miskowiec asked what the consequences would be for the homeowners if this resolution fails and there is a heavy rain. Councilmember Bolkcom stated that the project has been completed. She stated that the City of Fridley probably assesses a lot less than some other communities. This is an older infrastructure that needs to be improved. Mr. Burns stated that every neighborhood has a different set of storm water problems. Mr. Jim Freund, 565 Hugo Street, stated that in January they signed the sale agreement for the house they are selling in Fridley. He asked if he is going to have to pay the assessment before he moves. He also asked if some sort of arrangements could be made for payment. Mr. Burns stated that he believes this is an arrangement he makes with his buyer. Mr. Pribyl stated that this project was a pending project at the time Council awarded the contract and is a thing Mr. Freund will have to negotiate with his sale. Mr. Freund stated that the people who are buying the house are not going to want to split the difference. MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 9:14 P.M. NEW BUSINESS: 11. RESOLUTION NO. ??-2000 ADOPTING ASSESSMENT FOR RIVERVIEW HEIGHTS AREA IMPROVEMENT PROJECT NO. ST. 1999-1: MOTION by Councilmember Bolkcom to table this resolution. Seconded by Councilmember Wolfe. Councilmember Bolkcom stated that she felt there were enough questions brought up that need to be looked at. Councilmember Billings asked if the vote required three, four or five votes. F_RIDLEY CITY COUNCIL MEETING OF APRIL 24, 2000 PAGE 18 Mr. Pribyl stated that he thought it was three votes. Councilmember Bolkcom asked Mr. Flora if they could get the information back by the May 8 City Council meeting. Mr. Knaak stated that his assessment is that this vote needs three votes. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY. 12. FIRST READING OF AN ORDINANCE REVISING CHAPTER 407 OF THE FRIDLEY CITY CODE IN ITS ENTIRETY, AND AMENDING CHAPTER 11 OF THE FRIDLEY CITY CODE, ENTITLED "GENERAL PROVISIONS AND FEES": Mr. Flora, Public Works Director, stated that this is a result of the recent Public Utility Commission and the League of Minnesota Cities publication rules and model ardinance dealing with the management of right-of-way. The City adopted the right-of-way ordinance in 1997 as a result of the PUC rules and the model which required that we upgrade our own ordinance dealing with State requirements. The public hearing was held with regard to the changes. Comments were received from Minnegasco and NSP. Their major issues were assessing the intent of the ordinance rather than the changes proposed. As a result, no changes were made to the ordinance as presented at the public hearing. Councilmember Billings asked how it compared with the model ordinance provided by the League of Minnesota Cities. Mr. Flora stated that it is almost identical, and includes all of the things the City did not have to start with that are required with the PUC rules. Mr. A1 Swintek, Reliant Energy/Minnegasco, stated that there was a public hearing a couple of weeks ago. He thought that what happened in 1997 prior to the League of Minnesota Cities coming up with their model and prior to the PUC creating a working group and coming up with additional rules, was that the City felt compelled to get something on the books. The construction season was coming. With restructuring of right-of-way management issues, Council felt compelled to get something on the books with the understanding that it would be modified at a future time. After the League came up with a model and the PUC came up with rules, what has been suggested has taken place. Anything that they were concerned about from the very beginning still is in the original ordinance. He is requesting that the Council take seriously the suggestions that have been made by Reliant Energy/Minnegasco and NSP. Mr. Theis of NSP chose not to even attend tonight's meeting because he felt this was a done deal. Mr. Flora stated that Minneapolis just adopted their ordinance, and Fridley's is essentially the same. Mr. Swintek stated that Minneapolis is in the process of adopting the ordinance. It has not been approved yet. They are going through the Public Works and Planning Commission meetings, FRIDLEY CITY COUNCIL MEETING OF APRIL 24. 2000 PAGE 19 and the negotiations are still taking place. The new negotiated Minneapolis ordinance still has not been approved by the Minneapolis City Council. Mr. Flora stated that he received a memorandum this morning that said it would be advertised for one week and was effective today. Councilmember Bolkcom stated that she took a little offense that they pass something just to pass something. Council spent time reading this and had conversations. There was also a lot of staff time involved. Mr. Swintek apologized for that implication. He meant to say that the right-of-way ordinance that Fridley passed was right on the heals of the ordinance that Minneapolis and St. Paul passed plowing new ground. There was a sense of urgency to get a right-of-way ordinance approved prior to the construction season, and the League putting together a model, and the PUC putting together a working group. Mr. Flora stated that he has been working with this issue for over five years, and he is one of the authors for the League model. It was through the League's attorneys and the PUC task force that the ordinance was adopted. MOTION by Councilmember Bolkcom to approve the first reading of an Ordinance Revising Chapter 407 of the Fridley City Code in its entirety, and amending Chapter 11 of the Fridley City Code, entitled " General Provisions and Fees." Seconded by Councilmember Wolfe. UPON A VOICE VOTE, MAYOR PRO TEM BARNETTE, COUNCILMEMBERS WOLFE AND BOLKCOM VOTING AYE, AND COUNCILMEMBER BILLINGS VOTING NAY, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED THREE TO ONE. Mayor Pro Tem Barnette stated that the second reading would be on May 8. 13. PLAT REQUEST, PS #00-01, BY TIMOTHY JAWOR, TO ACCOMMODATE A SIX-UNIT TOWNHOME DEVELOPMENT, GENERALLY LOCATED AT 7411 UNIVERSITY AVENUE N.E: Councilmember Billings stated that he would be abstaining from the discussion and the voting on this request. Mr. Bolin, Planner, stated that Mr. Miller, Mr. Jawor's partner, is representing Mr. Jawor this evening. Mr. Bolin stated that Mr. Jawor is seeking a replat of Lot 1 l, Block 1, Melody Manor. He would like to create seven separate lots to construct a six-unit townhome development complex at 7411 University Avenue. The property was rezoned last year to R-3 to allow multiple dwelling complexes. The properties immediately adjacent to the north and south are zoned R-2. To the east is R-1 zoning district with a church located on the property. Across University Avenue is commercial property. This is a preliminary plat itself. There would be six individual lots, one FRIDLEY CITY COUNCIL MEETING OF APRIL 24, 2000 PAGE 20 for each unit, and the seventh lot would be the remaining space. A drive aisle is on the north side of the property with the garage doors facing the north. Mr. Bolin stated that the petitioner submitted Option A on March 28 that incorporated brick all the way around the building. A few days later, the petitioner called back and said that Option A had been submitted in error, and that he would prefer to see brick as proposed in Option B. The Planning Commission recommended approval and amended the third stipulation as it relates to brick to read that "the amount of brick used on the building shall resemble Option B on the north elevation, and modified Option B on the south elevation to be four panels of brick between the decks unless another is negotiated with staff." Mr. Bolin stated that he had a telephone discussion with Mr. Jawor, and he requested that the City Council not consider Planning Commission's Option B. He said his first choice is the original Option B proposal. He felt that he liked the looks of his Option B or even the looks of the City's Option A over the revised Option B. Staff recommended approval and that the original Stipulation No. 3 requiring the brick to be a continuous band around the building be included as worded in the stipulations. Staff proposed that the wording would read as follows: "The amount of brick used on the building shall be finished as illustrated in Option A as attached to the packets submitted on March 20, 2000 to give the building a four sided finished appearance." Mayor Pro Tem Barnette asked if Mr. Jawor and Mr. Miller met with staff prior to March 28 and if there was discussion about the brick. He asked if there was an understanding of what was going to be presented by the petitioner. Mr. Bolin stated that they did not have anything drawn by the petitioner to show the options with brick on it until March 28 when they received Option A. Councilmember Bolkcom stated that she would like to understand the City's reason for Option A. Mr. Bolin stated that staf�s job is to try to get the best finished product possible for the City. There is a requirement in the City Code that requires brick or masonry on buildings in the R-3 district. The City also strives to have commercial district buildings to be finished on all four sides so the building looks balanced and does not give the appearance that one side is any iess important than the other. Option A gives it the balanced look on all four sides. Councilmember Bolkcom asked how it compares to the townhomes at Christianson Crossing as far as the brick. Mr. Bolin stated that with the Christianson Crossing, there are a few buildings that face towards Mississippi Street that do not have quite as much brick on them as some interior buildings that have brick on all four sides. Not all the houses on the Christianson Crossing development have brick on the building. Ms. Dacy, Director of Community Development, stated that a lot of comparisons have been made to the Christianson Crossing development. This was a total package that was negotiated. A lot of the architectural elevations were determined based on a lot of factors. The bottom line FRIDLEY CITY COUNCIL MEETING OF APRIL 24 2000 PAGE 21 with staff s recommendation, is that it is a recommendation. Each project is different, this project is highly visible on both sides of the north and south elevation. Option A looks better. Staff tries to give options and recommendations. They are suggesting that the brick going all the way around makes the project that much better. Mayor Pro Tem Barnette stated that he thought the brick on the Banfill development looked nice. Mr. Bolin stated that Banfill did not need to receive any discretionary stipulations from the City. It went straight to the building permit. Councilmember Bolkcom stated that part of the reason to have brick also is to blend in with the apartment buildings that have brick. Mr. Bolin stated that was correct. Along University Avenue there is brick with the apartment buildings and immediately adjacent to the property as well as the commercial buildings on University Avenue. Councilmember Wolfe stated that even if they build Option A or Option B, it is not going to look like the two apartment buildings on either side. This is just a recommendation. Ms. Dacy stated that it is a recommendation, but staff felt it did have merit. It is a different style than the adjacent apartment buildings, but the brick element is existing on the adjacent buildings. Mayor Pro Tem Barnette stated that at the Planning Commission this was a big item for discussion. He thought staff was spending a lot of time on an issue that is not that important. He thought the building looked nice and fit in beautifully. The petitioners have nothing but support except for the brick issue. The petitioners tried to compromise by bricking the corners and two sides. He thought Option B was something he could live with. Mr. Max Miller, partner of Tim Jawor, stated that the reason they preferred Option A or B was that Option C did not tie the brick together structurally, as they thought it should and would not give the City what it is looking for. They felt that they did tie the brick together with the adjoining buildings by doing Option B. On Option B at the south side of the building, plants and air conditioning units would be blocking most of the brick anyway. They felt it was important to bring the brick to the side of the building and tie it in with the neighborhood. Councilmember Bolkcom stated that the reason they are not in favor of Option A is because it is a lot more expensive. Mr. Miller stated that is the reason, and it is not an efficient use of the funds because it would not really add anything to the building. Councilmember Bolkcom asked what the difference was. Mr. Miller stated that they were looking at a difference of about $4,000 for the whole project with a difference of cost basically being $1,000 per unit. FRIDLEY CITY COUNCIL MEETING OF APRIL 24, 2000 PAGE 22 Councilmember Wolfe stated that he also thought that if they kept making everything look the same it will make Fridley a sterile little town. Councilmember Bolkcom stated that they are making everything look basically the same because they are looking at buildings that were built in different eras. She thought Council had to look at what staff was saying because they do this for a living, and there was a lot of discussion about the brick from the Planning Commission. She thought it was a good project, and there would be more green space than the last project. Mayor Pro Tem Barnette asked Mr. Miller if he looked at Option B and adding additional brick. Mr. Miller stated that he would prefer to put the extra money in. He did not feel that he would accomplish what they were trying to do, and it would look even worse. They would have to do this in a correct architectural way, and that option would not be correct. He believed they had to do Option A or B. Option C would not look good. Councilmember Bolkcom asked Ms. Dacy and Mr. Bolin if they agreed that revised Option B was better off than Option B. Mr. Bolin stated that Option A was the most ideal. The revised Option B does not accomplish what the City wants, but A or B would be okay. Ms. Dacy stated that she thought the Planning Commission was trying to find a constructive type of compromise. The developer took a look at it. Staff agreed with the developer that it is either Option A or B. MOTION by Councilmember Wolfe to approve the plat request PS #00-01, by Timothy Jawor going with original Option B with the following stipulations: 1) A grading and drainage plan shall be submitted and approved by the City's engineering staff prior to the issuance of any building permits; 2) The parking lot shall be constructed to code standards; 3) The amount of brick used on building shall resemble Option B on the north elevation with the four panels of brick between the decks, unless another is negotiated with City staff; 4) A code required fence shall be extended along the entire east side of the property; 5) All elements of the building must meet the current building code and be approved by the City Building Official; 6) Screening berm on west side of property must meet the zoning code requirement for height; 7) The petitioner shall submit a utility plan prior to the issuance of any building permits; 8) The petitioner shal� pay applicable park dedication fees of $750 per unit prior to the issuance of the building permit; 9) Final landscape plan must meet code requirements for number of and sizes of plantings and must be approved by City staff prior to the issuance of any building permits; 10) All green space must have irrigation installed and be sprinkled; 11) The proposed walkway shall be concrete; 12) A 12 foot utility and drainage easement shall be granted along the entire eastern edge of the property prior to final plat; 13) A 10 foot utility and drainage easement shall be granted along the entire southern edge of the property priar to final plat; 14) A storm pond maintenance agreement shall be filed with the City prior to issuance of a building permit; and 15) The petitioner shall comply with all state regulations regarding townhome associations.. Seconded by Council- member Bolkcom. FRIDLEY CITY COUNCIL MEETING OF APRIL 24, 2000 PAGE 23 MOTION by Councilmember Wolfe to amend Stipulation No. 3 as follows: "3) The amount of brick used on the building shall resemble original option B as submitted on Mazch 31, 2000." Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, COUNCILMEMBERS BOLKCOM, WOLFE, ANI) BARNETTE VOTING AYE, COUNCILMEMBER BILLINGS ABSTAINING, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY. Mayor Pro Tem Barnette asked for a vote on the main motion in favor of the main motion of plat request PS #00-01. UPON A VOICE VOTE, COUNCILMEMBERS BOLKCOM, WOLFE, AND BARNETTE VOTING AYE, COUNCILMEMBER BILLINGS ABSTAINING, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY. 14. INFORMAL STATUS REPORTS: Councilmember Bolkcom stated that she, Mr. Flora, and Mayor Pro Tem Barnette had the pleasure of ineeting with MnDOT regarding the noise wall. There are still a couple of people who were not happy about the noise wall. Most people were happy with the additional space they would have. The fence would be coming out, and the wall is a little more decorative than presented. Overall, it was a good meeting. Construction will not begin until fall. MnDOT stated that they would send out additional information letters before starting the project. Mayor Pro Tem Barnette stated that a number of people will be gaining 20 feet after the noise wall is constructed. People were asking how the City would maintain this, but this is all State right-of-way, not the City's property. People are more than welcome to maintain that as part of their backyard. Councilmember Bolkcom stated that if anyone has questions they can call Mr. Flora. There is a concern about the East River Road project. The neighborhood is concerned about making the right hand turn on to Liberty Street. It would be a very costly revision. Mr. Flora stated that when East River Road was rebuilt, they offset Liberty Street to give the east and west sides a better turning motion with traffic. The west side of Liberty Street was moved north and the east side was moved south. The median on East River Road was installed for the northbound turn onto Liberty Street, so they would have to redo the intersection and entire median section of East River Road as well as both entrances on Liberty so the vehicles can enter and exit off East River Road. Councilmember Bolkcom asked if Liberty Street would be closed on the left side. � Mr. Flora stated that one option is to close the median and then you would not be able to cross East River Road. Liberty Street is now the one exit to the east and west off East River Road. It is not built to allow for through traffic. Options are to close the median and put a larger distance on the crossing on East River Road, do nothing, or redo the entire section of East River Road and Liberty Street. FRIDLEY CITY COUNCIL MEETING OF APRIL 24. 2000 PAGE 24 Councilmember Bolkcom stated that they would continue to look at this and factor in the cost. Mr. Flora stated that it should be done relatively soon. ADJOURN: MOTION by Councilmember Wolfe to adjourn the meeting. Seconded by Councilmember Bolkcom. UPON A VOICE DECLARED THE 10:01 P.M. VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE APRIL 24, 2000 CITY COUNCIL MEETING ADJOURNEI) AT Respectfully submitted, Signe L. Johnson Recording Secretary Robert L. Barnette Mayor Pro Tem THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF MAY S, Z000 The Regular Meeting of the Fridley City Council was called to order by Councilmember Barnette at 7:35 p.m. PLEDGE OF ALLEGIANCE: Councilmember Barnette led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: MEMBERS ABSENT: Mayor Jorgenson, Councilmember Barnette, Councilmember Wolfe, and Councilmember Bolkcom Councilmember Billings STATEMENT OF MEETING CONDUCT: Please be reminded that those present at today's meeting may hold a variety of views and opinions regarding the business to be conducted. The exercise of democracy through representative local government requires that ALL points of view be accommodated at these proceedings. It is further expected that a standard of mutual courtesy and respectfulness be exercised by all in attendance, through our individual expression, manner of speaking, and conduct. Therefore, please receive the views of otherS with the same degree of courtesy and respect which you desire to be given your views and opinions. Any departures from this standard will be addressed by the Presiding Officer through whatever means are deemed appropriate. Thank you for your attendance at today's meeting, and your agreement to abide by these standards of personal conduct. PROCLAMATION: Police Week: May 14 - 20, 2000 Mayor Jorgenson stated that our community joins with other cities and towns to honor all peace officers. Sergeant Michael Trancheff and Corporal Robert Rewitzer accepted the proclamation on behalf of the law enforcement officers and thanked the City Council. APPROVAL OF PROPOSED CONSENT AGENDA: MOTION by Councilmember Bolkcom to approve the proposed consent agenda as presented. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING MINUTES OF MAY 8, 2000 PAGE 2 NEW BUSINESS: 1. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF APRIL 19, 2000: RECEIVED TFIE MINUTES OF THE PLANNING COMMISSION MEETING OF APRIL 19, 2000. 2. APPOINT PLANNING COMMISSION AND HRA MEMBERS TO JOINT TASK FORCE BETWEEN THE CITIES OF FRIDLEY AND COLUMBIA HEIGHTS: Mr. Burns, City Manager, stated that at a joint meeting on February 29 the Cities of Fridley and Columbia Heights voted to establish a joint task force to study the impacts of the Medtronic project on the two cities. Each City is to appoint four representatives to the task force. Fridley's representatives include representatives from �he City Council, the HRA, the Planning Commission, and the business community. Mr. Burns said that staff recommended the appointment of John Meyer from the Fridley HRA and Diane Savage from the Fridley Planning Commission. Staff recommends Council's approval. APPOINTED DIANE SAVAGE AND JOHN MEYER TO THE JOINT TASK FORCE. 3. APPROVE CONSTRUCTION AGREEMENT BETWEEN THE CITY OF FRIDLEY AND THE CITY OF NEW BRIGHTON FOR THE RECONSTRUCTION OF STINSON BOULEVARD BY THE CITY OF NEW BRIGHTON: Mr. Burns, City Manager, stated that New Brighton is proposing to reconstruct Stinson Boulevard between Rice Creek Road and a point just south of Gardena Avenue. Since half of this border street is located in Fridley, the City was asked to participate financially. Fridley's share of the cost was estimated at $131,574. State Aid funds could be used for this purpose. Staff recommended Council's approval. APPROVED CONSTRUCTION AGREEMENT BETWEEN TAE CITY OF FRIDLEY AND THE CITY OF NEW BRIGHTON FOR THE RECONSTRUCTION OF STINSON BOULEVARD BY THE CITY OF NEW BRIGHTON. 4. RESOLUTION NO. 33-2000 AUTHORIZING AGREEMENT WITH THE STATE OF MINNESOTA FOR FURNISHING CHEMICAL ASSESSMENT TEAM SERVICES FOR STATE FY 2001: Mr. Burns, City Manager, stated that this was a one-year extension of a contract that was scheduled to expire on June 30, 2000. Under the terms of the contract, the Fire Department provides regional hazardous materials response for the State of Minnesota. Under this agreement the City is given equipment and is reimbursed for staff time. The FRIDLEY CITY COUNCIL MEETING MINUTES OF MAY 8, 2000 PAGE 3 terms of the contract are the same as for the current contract except for cost-of-living adjustments to the reimbursement rates for firefighters' salaries and fringe benefits. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 33-2000. 5. RESOLUTION NO. 34-2000 IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT FOR THE CHURCH OF THE IMMACULATE CONCEPTION (KNIGHTS OF COLUMBUS, 6831 HIGHWAY 65 N.E.): Mr. Burns; City Manager, stated that the Church of the Immaculate Conception operates a bingo program at the Knights of Columbus Hall on Highway 65. The resolution would extend their license from July 1, 2000 to June 30, 2002. Staff recommended Council's approvaL ADOPTED RESOLUTION NO. 34-2000. 6. RESOLUTION NO. 35-2000 IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT FOR THE KNIGHTS OF COLUMBUS, 6831 HIGHWAY 65 N.E.: Mr. Burns, City Manager, stated that the Knights of Columbus also has organized bingo at their hall on Highway 65. The resolution would extend their license to operate from July 1, 2000 to June 30, 2002. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 35-2000. 7. ESTABLISH A PUBLIC HEARING FOR MAY 22. 2000, ON PROPOSED ORDINANCE AMENDMENTS TO CHAPTER 2 OF THE CITY CHARTER: Mr. Burns, City Manager, stated that the Charter Commission has completed work on Chapter 2 of the City Charter. They developed ordinance amendments relating to the determination of Council vacancies. Staff recommended Council's approval. ESTABLISHED A PUBLIC HEARING FOR MAY 22, 2000. 8. ESTABLISH A PUBLIC HEARING FOR MAY 22. 2000, ON PROPOSED ORDINANCE AMENDMENTS TO CHAPTER 5 OF THE CITY CHARTER: Mr. Burns, City Manager, stated that the Charter Commission has completed work on Chapter 5 of the City Charter. As a result of this work, they developed ordinance amendments relating to the initiative, referendum and recall provisions of the City Charter. Staff recommended Council's approval. ESTABLISHED A PUBLIC HEARING FOR MAY 22, 2000. FRIDLEY CITY COUNCIL MEETING MINUTES OF MAY 8 2000 PAGE 4 9. CLAIMS: APPROVED CLAIM NUMBERS 93065 THROUGH 93286. 10. LICENSES: APPROVED ALL LICENSES AS SUBMITTED AND AS ON FILE WITH THE LICENSE CLERK. 11. ESTIMATES: APPROVED ESTIMATES AS FOLLOWS: Holstad and Knaak, P.L.C. 3535 Vadnais Center Drive St. Paul, MN 55110 Services Rendered as City Attorney for the Month of April, 2000. $ 5,000.00 ADOPTION OF AGENDA: MOTION by Councilmember Barnette to approve the proposed consent agenda as presented. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGESON DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM.VISITORS: Mr. Dennis Johnson, 6336 Starlite Boulevard, stated that Northern States Power (NSP) cleaz-cut trees behind his house which were on railroad property. Now there is no buffer or privacy from the Northstar Commuter Rail that may be built behind his house. He said he expected the City to be able to get together with the neighbors and NSP to work this problem out. Those houses were there before the power lines were put up. He expected that the City would back up a letter from 1955 that states that the village of Fridley guarantees as follows: "Planting of a row of trees along the entire area adjacent to the Railroad right-of-way at the west boundary of the subdivision as per F.H.A. requirements, including woven wire fence according to F.H.A. requirements." Mr. Johnson was very upset about the situation. Councilmember Bolkcom asked Mr. Flora if NSP needs to get a permit from the City or tell the City when they are going to cut trees. Mr. Flora stated that they are supposed to tell the City when they are going to do it per the franchise, but they did not. FRIDLEY CITY COUNCIL MEETING MINUTES OF MAY 8 2000 PAGE 5 Councilmember Wolfe stated that NSP cut the trees down without telling the City. Mr. Johnson asked if they could work with the Northstar Committee to replant some trees back there because of the station stop being so close. Councilmember Bolkcom stated that they do not want people to think the Northstar commuter rail is a done deal. Council would like to have a neighborhood meeting to receive input. In June there will be a letter mailed to the neighborhood about the project. Councilmember Barnette stated that he gives the neighborhood people credit for alerting the City. Unfortunately, the City was not able to stop the trees from being cut. He felt it would behoove the neighborhood to attend the meetings about the rail to discuss getting some plantings there. Mr. Myron Sjorstrom, 6240 Starlite Boulevazd, stated that when he moved into his house in 1957, he wanted trees and a buffer zone. Now it is all gone. Last fall, the railroad came by and made a road there. Trucks drove in his back yard and pushed down the lilacs he planted. Mr. Burns stated that he walked back there and saw that it was clear-cut and very barren. Councilmember Bolkcom asked Mr. Burns if they could try to set up a meeting with NSP and the neighborhood. Mr. Burns stated that they would try. The land is not the City's land, and NSP has not broken a contractual relationship. It is called being a good neighbor, and Fridley has a long history of working with NSP. Mayor Jorgenson asked if the neighbors would be willing to have trees planted on their property so this would not happen again. Mr. Sjorstrom stated that NSP had someone knocking on people's doors stating that they were only going to trim certain trees. Ms. Mary Sjorstrom, 6240 Starlite Boulevard, stated that she thought Council owed them a letter that there was an intent to have this work done. No one can work in Fridley unless you have a permit. Mr. Burns stated that the City did not know about this. Ms. Sjorstrom stated that she felt very sorry for the people who are going to live in their house because they are going to sell in a few years. Councilmember Bolkcom asked Mr. Flora if NSP had to obtain a permit. Mr. Flora stated that they did not. FRIDLEY CITY COUNCIL MEETING MINUTES OF MAY 8 2000 PAGE 6 Mr. Hickok stated that tree-trimming licenses are an annual license. They do not come in on a per-job basis. PUBLIC HEARINGS/OLD BUSINESS: 12. CONTINUATION OF PUBLIC HEARING ON SPECIAL USE PERMIT SP #76-08 TO NORMA WILSON ALLOWING AN APARTMENT TO EXIST WITHIN A SINGLE FAMILY RESIDENCE IN A R-1 SINGLE FAMILY RESIDENTIAL DISTRICT GENERALLY LOCATED AT 401 IRONTON STREET N E(CONTINUED APRIL 10, 2000) (WARD 3): and, MOTION TO REVOKE A SPECIAL USE PERMIT SP #76-08 TO NORMA WILSON ALLOWING AN APARTMENT TO EXIST WITHIN A SINGLE FAMILY RESIDENTIAL DISTRICT GENERALLY LOCATED AT 401 IRONTON STREET N E(TABLED APRIL 10, 2000) (WARD 3): MOTION by Councilmember Bolkcom to waive the reading and open the public hearing. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGESON DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 8:10 P.M. Mr. Hickok, Planning Coordinator, stated that on April 10, Council considered revocation of Special Use Permit, SP# 76-08. Council made a motion to hold this hearing open until this evening. As a separate action, Council required that the owner immediately have the tenants in the apartment vacate the second floor. That evening staff compiled a list of what Council required. The next morning staff was contacted by Ms. Willson indicating that she was interested in picking up a letter at the City. She picked up the letter staff put together. The letter was laminated and put on both entryways to the household. It was very clear to Ms. Willson and the tenants. The letter indicated that Ms. Willson was to request an inspection by the City's building inspection staff. To date, that inspection has not been requested. Secondly, Ms. Willson was to contact a licensed building professional and complete all the necessary work to bring the structure to a safe compliant condition or have the knowledge of what needed to be done to make that happen. Ms. Willson called Ms. Dacy, Director of Community Development, on Monday, May 8, 2000, to tell her that she had the name and number of a contractor if the City was interested in calling. She was to obtain building permits for all work required. To date, no permits have been requested. Ms. Willson was to prepare an aggressive repair schedule including benchmarks for the repair accomplishments and dates of completion of those accomplishments. She was to have the presentation ready for Council this evening. Mr. Hickok stated that Mr. Ralph Messer, Rental Housing Program, was present that evening to answer any questions. Staff recommended that Council close the public hearing and proceed FRIDLEY CITY COUNCIL MEETING MINUTES OF MAY 8, 2000 PAGE 7 with revocation of Special Use Permit, SP #76-08. Based on the fact that Ms. Willson has no rental license, Council should be aware of the fact that tenants still reside at that address. Mr. Messer stated that a telephone call was received on May 2 at 12:42 p.m. A computer printout from the Fire Department lists a telephone call from 401 Ironton Street for a 911 call from Apartment 1. Ms. Jane Parker, 401 Ironton Street, stated that she made that 911 call because the neighbor's house has a light in the trees that is zapping tree branches and starting a fire there. Councilmember Bolkcom asked Ms. Parker if she was informed by Ms. Willson that she needed to move. Ms. Parker stated that she was. Councilmember Bolkcom asked if the notice was posted on the building. Ms. Parker stated that it was not posted on her door. She asked why over the course of two years that she has lived in this house she was not notified that the house was such a fire hazard. She indicated that she never received any due process on the eviction notice. The letter was from the City Council, not a judge. She found a new place to live, but she needed another week or two because they are renovating that place. Councilmember Bolkcom stated that Ms. Willson did not have a rental license. Ms. Parker stated that she was unaware of that. Councilmember Bolkcom stated that Council was concerned about the safety of the tenants. Council agonized over the fact that it was an immediate eviction notice. Mr. Messer stated that they sent inspection notification letters to the tenants. Ms. Parker stated that she never received any letter. Mr. Burns stated that unless Ms. Parker lived there prior to 1995, she would not have been notified. Mayor Jorgenson asked when Ms. Willson was told that she needed to vacate her tenants. Mr. Messer stated that she was supposed to vacate the residents on the top floor and basement not later than September 30, 1999 to reduce the number of residential dwelling units to two. Mayor Jorgenson asked if information was given to Ms. Willson in 1999 that she needed to vacate all of her tenants if she no longer had a rental license. FRIDLEY CITY COUNCIL MEETING MINUTES OF MAY 8 2000 PAGE 8 Mr. Messer stated that this was in response to her inquiry as to why the City was not willing to renew the rental property license. On August 31 in a meeting with himself and Mr. Hickok, Ms. Willson agreed to remove her tenants thirty days after that meeting. She was given the choice of having two units. If she lived in one, she could rent one. If she decided to live elsewhere she would be able to rent both. Ms. Willson stated that in August she was not told to vacate the second floor. She asked why her property is called a fire hazazd? Councilmember Bolkcom stated that she was given an opportunity at the last public hearing to give her side of the story. It is not necessary to rehash what happened in August of last year. She would like to see what Ms. Willson has done so far and why she did not make sure that the tenant was out. Mayor Jorgenson stated that Ms. Willson had asked at the last hearing to have an inspector come out to review the work she had done on the property. Ms. Willson stated that an inspector came and told her what had to be done. Councilmember Bolkcom asked Ms. Willson if she received a letter dated April l0 that stated that she must have another state inspection so she knew what she needed to have done. Ms. Willson stated that she did not understand that at all. The contractor stated that he would get any permits, but he did not understand everything either, so he wrote a letter about what he would do in sixty days. Councilmember Bolkcom asked Ms. Willson how the contractor knew what to fix if there was no inspection. Ms. Willson stated that he has been out there to inspect it. She had the letters to show him. MOTION by Councilmember Bolkcom to receive the letter from Robert Gary Builders. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. Mayor Jorgenson stated that this document is unsigned. Ms. Willson stated that the letter states that he will sign it after he finds out what all had to be done. Mayor Jorgenson stated that in the first paragraph the contractor left out the details of his services. It states that additional work must be done by a change order agreed to by only Ms. Willson and himself. The document is unsigned, and Ms. willson needed an inspection to FRIDLEY CITY COUNCIL MEETING MINUTES OF MAY 8, 2000 PAGE 9 ascertain what work needed to be done. She needed to have a written aggressive plan with a contract. Councilmember Bolkcom stated that she expected the contractor to state specific corrections by specific dates. The letter Ms. Willson was given by staff specified that she was supposed to have an aggressive repair schedule including benchmarks for repair and dates for completion. Ms. Willson stated that the contractor said he would have it completed in sixty days. Councilmember Bolkcom stated that he does not know what to fix. Ms. Willson stated that she gave him all the letters she had, and he picked out what he had to do. He did not sign it because he said if there was anything else that needed to be done, he would do it. Mayor Jorgenson staxed that she is unsure why Ms. Willson did not have an inspector come out to inspect the property. Ms. Willson stated that she did not understand that. Mayor Jorgenson stated that at the last meeting they spent an hour and a half making it perfectly clear what she needed to do. Ms. Willson stated that she never got a list. Mayor Jorgenson stated that she said Ms. Willson showed all the letters to the contractors about the work that needed to be done. She asked Ms. Willson how she could show the contractor what the letters required she did not have a complete list. Ms. Willson stated that the contractor said if there was anything else he would do it. Councilmember Bolkcom stated that Ms. Willson told Council that she understood what Council expected her to do. Ms. Willson asked how they could inspect anything else without the work being done. Councilmember Bolkcom stated that Ms. Willson would need to apply for a permit. Then, as the work goes along, inspections need to be conducted. Ms. Willson stated that her contractor did not have much time to apply for a permit. Councilmember Wolfe stated that at the previous Council meeting, Ms. Willson stated that she did not receive any letters. Now she has a whole bunch of letters. Ms. Willson stated that she had the letters from a couple of weeks before that meeting. FRIDLEY CITY COUNCIL MEETING MINUTES OF MAY 8, 2000 PAGE 10 Councilmember Barnette asked if Ms. Willson could resubmit the special use permit to rent the property. Mr. Hickok stated that the current code in an R-1 single family zoning district does not make provisions for a special use permit like the one this evening. In the mid-70's it was available. Ms. Willson stated that she could come in tomorrow to get a permit. Councilmember Bolkcom stated that there has not been an inspection for the contractor to know what needs to be done. Ms. Willson stated that there were six people that came together to inspect it. Councilmember Bolkcom stated that there has not been a current inspection done. There has been some work done since the last inspection. That work needs to be inspected to make sure it was done properly. Ms. Willson stated that they did not understand the structure of her house. It would take a bulldozer to push it down. The state inspector called Mr. Hickok twice, and the state inspector said it would cost $65,000 to fix the house. She said she wants to fix up the house so it is decent and rentable. Every year she has gotten the house relicensed and has done everything that was asked of her. The wiring was done by the City electrician's son. She has permits for electrical, plumbing and rebuilding. Mr. Hickok stated that the City's inspection revealed that there had not been proper inspections for electrical. He said there was no seal on the box indicating that a certified electrician had done the installation. Mayor Jorgenson stated that the last time Ms. Willson was here she told Council that the electrical work had done by her nephew. Ms. Willson stated that she said he had fixed the circuit breaker. Mr. Hickok read the inspection report Mr. Burns supplied. In 1960, water and sewer permits were issued. A plumbing permit was issued in 1960. A building permit was issued in 1968 to the owner. A building permit to remodel was issued in 1976, and a plumbing permit was issued in 1976. An electrical permit was issued in 1976, a plumbing permit in 1976, and a garage was built in 1977. That was when the special use permit was also issued. In 1998, a building permit was issued. In 1998, an egress window needed a permit and in 1999 there was an egress window in the basement. Councilmember Bolkcom asked if repairs on rental property had to be done by a licensed contractor. Mr. Hickok stated that they did. FRIDLEY CITY COUNCIL MEETING MINUTES OF MAY 8, 2000 PAGE 11 Ms. Willson stated that she got what the City wanted. She got the contractor. Councilmember Bolkcom stated that Ms. Willson has one-tenth of what is needed. She needed to have the building inspected and the contractor's signature. The contractor had to apply for permits and aggressively work at the repairs. She said Ms. Willson could get this done in a couple of months. The City was clear and sent a letter to her. Ms. Willson stated that the contractor could come in tomorrow and do that. He just did not have time. Councilmember Bolkcom stated that she has had a month so far to do this. Ms. Willson stated that she did not know that it takes time. Councilmember Bolkcom asked Mr. Knaak, City Attorney, if they could revok� this special use permit and allow Ms. Parker to reside at the property until she is able to move out. Councilmember Bolkcom asked what kind of liability the City would have. Mr. Knaak stated that it was hard to predict what the liability would be. There would be some exposure, but he suspected it would be brief and minimal. Councilmember Wolfe asked Mr. Knaak if Ms. Willson would be responsible for the tenants. Mr. Knaak stated that this issue has to do with tenant protection and has to do with enforcement of the City's tenant code. The fact that a landlard may have knowingly rented property that a person should have known required a license has to do with conditions of habitability and a good argument could be made that it would have been a breech between the landlord and the tenant. The conflict would have been there. The City is focusing on the obligations to the law, and the rental code not requiring the City to somehow become a landlord. Mayor Jorgenson stated the letter was posted on the premises in the event that Ms. Willson did not communicate to the tenants the unsafe conditions and that it would give notice of those conditions. Mr. Knaak stated that posting was intended to notify the tenants of what is going on with the property. It is entirely appropriate to be done that way. Mayor Jorgenson asked if there was a section in the State Statute that requires the City to give a notice of so many days. Mr. Knaak stated that there has been no inappropriate conduct by staff. No violations of any notice provision have been made. Councilmember Bolkcom asked what reasons or finding of fact do they present for revoking a special use permit. FRIDLEY CITY COUNCIL MEETING MINUTES OF MAY_8, 2000 PAGE 12 Mr. Knaak stated that the critical thing is that the decision be made on record and when the motion was originally made it particularized the basis of the decision of the Council on record. That is all they are legally required to do, Mayor Jorgenson asked Mr. Knaak if the revocation requires a majority vote. Mr. Knaak stated that it would. It is not a non-renewal. MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING AS CLOSED AT 8:53 P.M. MOTION by Councilmember Bolkcom to remove the motion to revoke Special Use Permit, SP #76-08 from the table. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Bolkcom to revoke, Special Use Permit, SP #76-08, to Norma Willson, allowing an apartment to exist within a single family residential district, generally located at 401 Ironton Street. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Bolkcom to grant a temporary license to Jane Parker to live at the premises located at 401 Ironton Street until May 20, notwithstanding the revocation and other actions taken by the City Council revoking the special use permit authorizing the use of the premises as a multiple rental site. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. 13. DRAFT OF THE CITY OF FRIDLEY'S COMPREHENSIVE PLAN: Ms. Dacy, Community Development Director, stated that this hearing is to receive additional comments on the proposed draft of the comprehensive plan. The action is to conduct a hearing, not approve or disapprove the plan. After the hearing, the draft would be submitted to the Metropolitan Council. After they are done reviewing it, they will provide a set of comments. The Council and the Planning Commission will have time to review the comments. Ms. Dacy stated that the City submitted an initial draft to Metropolitan Council at the end of 1999. In the last four months of 2000 additional work has done regarding the water supply, FRIDLEY CITY COUNCIL MEETING MINUTES OF MAY 8, 2000 _ PAGE 13 sewer service areas, critical areas, implementation, and runoff from properties and how it affects storm sewer systems and how that affects the rivers and creeks. Ms. Dacy stated that there is a really strong need to identify what is unique and the strengths of the neighborhoods in Fridley regarding community livability. The State requires a few paragraphs pertaining to aviation. The Parks and Recreation Commission spent additional time on bikeways and walkways. There are a couple of sets of recommendations to make links in the areas of the southwest part of Fridley and the northwest part of Fridley. Ms. Dacy stated that they are trying to address community ideas and visions that were identified during the meetings two years ago. The plan also identifies three areas of the City that need additional study and analysis for potential redevelopment. It looks at the azea around 73`a Avenue and where the salvage yards are. The area along Central Avenue is a potential area for redevelopment. The areas around I-694 and the Medtronic site may be affected in the future. The HRA is looking at a townhome redevelopment site along 57�' Avenue and University Avenue. They need to support the buses and railways and bikeways/walkways for other modes of transportation. Decorative improvements to make connections between the different areas of the City are being looked at. The plan suggests that we maintain the livability of the neighborhoods and keep what is good about Fridley strong. They need to maintain the quality of the parks and open space and preserve the natural resources along Rice Creek and the Mississippi River. All cities along the Northstar Commuter Rail site have been asked by the Metropolitan Council to do a station area plan process to work with the neighborhood and come up with the plan. Councilmember Barnette stated that mobile home parks are to be maintained and enhanced where possible to help alleviate some people's concerns that the parks will be open for redevelopment. Councilmember Bolkcom stated that Ms. Dacy, staff, and the Planning Commission should be commended for all the hard work they have put into this. Mr. Monty Mayer, 7965 Riverview Terrace, stated that he lives on the other side of the train tracks. The trains get stopped every now and then. Once he sat waiting for a train to go for 45 minutes. Pertaining to commuter rail, he thought it was somewhat of a good idea, but it is like jumping on the gun. He thought things should be looked at more. This is a plan that would pay off twenty years down the road. There are a lot of "ifs". To make it blend in with the community they should look at going around the beltway instead. Commuter rail would make University Avenue a whole lot different. Rather than running a rail, they should add another lane on University for the buses and see how that works. Councilmember Barnette stated that he believes the commuter rail would use the existing tracks. Mr. Mayer stated that was his first comment, and right now those rails are blocked up. MOTION by Councilmember Barnette to close the public hearing. Seconded by Councilmember , Wolfe. FRIDLEY CITY COUNCIL MEETI _N_G MINUTES OF MAY 8. 2000 PAGE 14 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 8:53 P.M. 14. REOUEST BY K.J.'S RESTAURANT FOR AN INTOXICATING LIQUOR LICENSE: MOTION by Councilmember Bolkcom to open the public hearing and waive the reading. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 8:54 P.M. Mr. Pribyl, Finance Director, stated that Kenneth and Delores Steies applied for an intoxicating liquor license for a business to be called K.J.'s Restaurant and Bar to be located at 8298 University Avenue. This was formerly the Moose Lodge. The Steies have a purchase agreement with the Moose Lodge to purchase the property upon approval of the license. Fridley City code requires that a public hearing be held before issuing a license. Attachment 1 is the public hearing notice for K.J.'s. Mr. Pribyl stated that the application has been forwarded to the Police Department for the required background investigations. Based on the investigation, Public Safety Director Sallman has found no reason to deny this request. Attachment 2 is the memorandum prepared by Director Sallman. Staff recommended holding a public hearing regarding issuance of a proposed intoxicating liquor license. Mr. Sallman stated that they conducted a background investigation on Mr. Steies. Relative to calls for service, the calls for K.J.'s were not particularly distressing. Mr. Steies left out information that he had an establishment in Minneapolis for a short period of time. Fridley does not have those calls for service yet due to the other cities not having time to forward records. The Steies were denied an application in the City of Spring Lake Park for a liquor license. The reason given was because of the history in Blaine and the proximity to a senior living complex in the proposed location. In 1995, an out-of-court settlement was reached concerning an illegal gambling charge with the state and no criminal record resulted from that at the Blaine location. Mr. Sallman stated that there were people who described the crowd as a rough biker crowd. The Steies describe their customers as ages 30 to 80. They checked with the State Gang Task Force, and there is no indication of any known bike gangs. Councilmember Bolkcom asked if it made sense to wait for the needed information before proceeding. Mr. Sallman stated he would like to review the information. Councilmember Bolkcom asked if he knew when they would receive that information. Mr. Sallman stated he did not know. FRIDLEY CITY COUNCIL MEETING MINUTES OF MAY 8 2000 PAGE 15 Mayor Jorgenson stated that there was some delay in processing this application. Mr. Sallman stated that part of the problem is that the investigators are the same ones who do criminal investigations. These background investigations do not take priority over criminal investigations. Many cities have the same issues. Mayor Jorgenson asked how the police reports would rate in comparison with other similaz establishments. Mr. Sallman stated that it would be similar to what they have seen at Main Event. They really do not present an issue relative to police officers. Mayor Jorgenson stated that Mr. Steies held the position of District Governor, District President and District Board Member of the Lion's Club. Mr. Sallman stated that was correct. Councilmember Bolkcom asked if in the application they want to make sure that the applicants have the 40% (forty percent) food, 60% (sixty percent) alcohol rule for percentages. Mr. Pribyl stated that was correct. Councilmember Barnette stated that he assumed that the building's needed repairs have been considered. Councilmember Bolkcom asked Mr. Steies to explain his vision for the establishment. Mr. Kenneth Steies, applicant for K.J.'s Restaurant and Bar, stated that there would be more people in the age range of 30 to 40 years. They did business with the seniors, especially at Columbia Heights, when they were next to senior high-rises. There would be a full menu with the lower level being a banquet facility with weddings already booked for June. They do some specials for prices on hamburgers to get people to purchase food rather than just drink. He understands the background check Mr. Sallman was talking about. In Blaine his staff was told by the police chief that anytime they had any kind of problem they were supposed to call. They got rid of the problem before it got bigger. Mr. Steies stated that according to what he is seeing, they would not be approving the liquor license tonight. It is only a public hearing. The Moose Lodge is under foreclosure on May 15, and they need to do the closing on this before May 22. He is certainly not going to close on a $1,000,000 operation before he has the liquor license in hand. They will be doing about $250,000 in renovations and will include all the stipulations on the special use permit. Councilmember Bolkcom stated that she was going to make a motion to continue the public hearing because they do not have the applicant's information. It is the normal policy to have all the information. FRIDLEY CITY COUNCIL MEETING MINUTES OF MAY 8 2000 PAGE 16 Mr. Steies stated that the Minneapolis operation was the old Arthur's, and they had it for approximately five months. He could not remember any calls for that place. Mayor Jorgenson stated that if this went to foreclosure it would become more difficult for Mr. Steies to take the property over as well. Mr. Knaak stated that it could. It could possibly be easier. Mr. Steies stated that typically it is about one and one-half years down the road. He would not be interested in that. Mr. Knaak stated that he does not know the circumstances of the transaction, but the existence of a foreclosure may accelerate the process. Mr. Steies stated that they intended to close on May 2 but received a fifteen-day extension because of the delays. Councilmember Bolkcom asked if they could allow the license application to be approved before all the information was received. Mr. Knaak stated that they could provisionally grant the license subject to a review by the State. The other option is to grant a temporary license. That would be for a certain period of time to allow time for the review. Councilmember Barnette stated that he does not imagine Mr. Steies is interested in a temporary license. Mr. Steies stated that they would not be opening immediately due to the work that needs to be done. The license could start June 1 or June 15. Councilmember Bolkcom stated that she thought it would be hard to grant a license tonight because they do not normally do it on the night of the public hearing. She wanted him to be able to purchase the property though. Mayor Jorgenson asked Mr. Sallman if he could guarantee that he would have the information from Minneapolis by May 22. Mr. Sallman stated that he could not speak for the City of Minneapolis, but he expected it to be in this afternoon. If there is concern in the report from Minneapolis, the license could be revoked. Mr. Knaak stated that was correct. Mr. Sallman stated that Mr. Steies knows what the information is coming from Minneapolis and has accepted that risk. FRIDLEY CITY COUNCIL MEETING MINUTES OF MAY 8 2000 PAGE 17 Councilmember Bolkcom asked Mr. Sallman if his recommendation is that they grant the license because the calls for services at his other establishments are not that much different than the calls they receive from other Fridley establishments. Mr. Sallman stated that he does not have any issues with the police background check. He just wanted to make Council aware of the other things in the report, so they are not surprised if they hear it later. Mr. Steies stated that he was willing to take the chance because there were no problems at the Minneapolis establishment. Councilmember Bolkcom asked if they would be setting a precedent. Councilmember Wolfe stated that part of the delay was that there was a criminal investigation delaying this investigation. Mr. Steies stated that he thought a lot of the other licenses did not offer the food percentages either. Councilmember Bolkcom stated that they do not want bars in the City only offering alcohol. Mr. Steies stated that he understood that. Mayor Jorgenson asked Mr. Knaak if they could do this without setting a negative legal precedent. Mr. Steies stated that his application came in March 3. Councilmember Bolkcom asked what the normal time frame was after the application comes in. Mr. Sallman stated that there is no normal time, it depends on the history and background. If there is no history or background, it could only take a couple of days. If there is a long history of liquor licenses, it takes longer. The communication was difficult in this case because they had a lot going on. Mayor Jorgenson asked if licenses fall under the sixty-day action law. Mr. Hickok, Planning Coordinator, stated that the land use action on the special use permit was done already. Mr. Knaak stated that Council could set conditions on licenses at any time. It is not unheard of that a condition might be a specific time for review. The license restrictions usually have to do with the license location, time and configurations of the establishments. It is conceivable to grant a condition to the license requiring that there would be a review and approval by the public safety department. FRIDLEY CITY COU�ICIL MEETING MINUTES OF MAY 8 2000 PAGE 18 Councilmember Barnette stated that they always have the leverage that if things do not work out they could revoke the license. Mr. Steies is a long- time resident of Fridley, and he probably feels responsible to make a decent place in Fridley. Mr. Pribyl stated that the logical time frame for approval depends on the situation and there are a number of situations where they have spent a great deal of time communicating the requirements. MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 9:15. MOTION by Councilmember Bolkcom to grant an intoxicating liquor license to K.J.'s Restaurant and Bar subject to a final review by the Minnesota Department of Public Safety. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Barnette asked Mr. Steies when he was planning on opening the restaurant and bar. Mr. Steies stated that they were hoping to open it by June 15 or 20. OLD BUSINESS: 15. ORDINANCE NO. 1139 REVISING CHAPTER 407 OF THE FRIDLEY CITY CODE IN ITS ENTIRETY AND AMENDING CHAPTER 11 OF THE FRIDLEY CITY CODE, ENTITLED "GENERAL PROVISIONS AND FEES;" and APPROVE THE OFFICIAL TITLE AND SUMMARY ORDINANCE FOR PUBLICATION: Mr. Flora, Public Works Director, stated that they held the public hearing for the right-of-way ordinance on April 10. The first reading was held on April 24. This basic change is a verbage change to put the City ordinance in compliance with the PUC rules for the League of Minnesota model ordinance. He recommended Council's approval. MOTION by Councilmember Bolkcom to waive the reading and approve the second reading of the ordinance and approve the Official Title and Summary Ordinance for publication. Seconded by Councilmember Wolfe. FRIDLEY CITY COUNCIL MEETING MINUTES OF MAY 8, 2000 PAGE 19 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. 16. RESOLUTION NO. 38-2000 ADOPTING ASSESSMENT FOR RIVERVIEW HEIGHTS AREA IMPROVEMENT PROJECT NO. ST. 1999 -1 •. Mr. Pribyl, Finance Director, stated that at the City Council meeting of April 24, there was a public hearing on this project. People came with questions that resulted in staff review. Mr. Drummond's assessment has been removed from the project. Dr. Westby's property was related to the City policy on flag lots. We have had a policy since 1992 that puts the assessment based on front footage at the setback line of the actual property frontage beyond the front end of the road. The options for a flag lot are that the resolution has the assessment based on what we saw in the last City Council meeting. This is based upon the setback line or if Council would choose to modify a smaller amount. Mr. Flora stated that Council suggested that since there were three properties on that section of the road each would pay one third. If Council changes the policy, that assessment would be $729.82 based upon the frontage of 52.13 feet. If that is the case Council could modify the assessment by motion to approve the modifications to Dr. Westby's property in reducing the front footage from 156.4 feet to 52.13 feet of the total assessment for the concrete, curb, and gutter. Councilmember Barnette asked if this affects the other two properties on the side of Dr. Westby's. Mr. Pribyl stated that it does not affect them. Councilmember Bolkcom stated that these properties were already basically a flag lot. The reason why they have the assessment is that they do not want to have the flag lots. It seems to her that it is straightforward just to split it. Mayor Jorgenson stated that this property was annexed from Coon Rapids and put into Fridley, and the street address was changed after. Mr. Flora stated that the City has a number of other properties that have flags. The issue is how do they deal with flag lots. Most properties are based on the front footage and flag lot cases are treated equally as far as their setback distance. Councilmember Bolkcom stated that if they adopt the assessment tonight, they could later go back and defer the assessment for the properties whose PINs are combined. Mr. Pribyl stated that the parcels that are currently involved in the process of combination will be abated so they have one PIN going forward and one interest charge on them. Mayor Jorgenson asked if they would have had to start the PIN combination process prior to the hearing. FRIDLEY CITY COUNCIL MEETING MINUTES OF MAY 8 2000 PAGE 20 Mr. Pribyl stated that they should have been in the process by the public hearing. MOTION by Councilmember Bolkcom to adopt Resolution No. 36-2000 adopting assessment for Riverview Heights Area Improvement Project No. ST. 1991 - l. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Bolkcom to amend Dr. Westby's property identification number to a front footage of 52.13 and concrete, curb, and gutter to $729.82. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. NEW BUSINESS: 17. RESOLUTION APPROVING A LOT CONSOLIDATION, LC #00-03. TO CONSOLIDATE TWO INDIVIDUAL PARCELS, GENERALLY LOCATED AT 1413 GARDENA AVENUE N E (BY KAIS GUIGA, ISLAMIC CENTER OF MINNESOTA) (WARD 2): and, 18. SPECIAL USE PERMIT REQUEST, SP #00-06, BY KAIS GUIGA, ISLAMIC CENTER OF MINNESOTA, TO ALLOW TEMPORARY (MODULAR) CLASSROOMS GENERALLY LOCATED AT 1401 GARDENA AVENUE (WARD 2): Mr. Hickok, Planning Coordinator, stated that he would like to combine Item Nos. 17 and 18. Both of these were reviewed by the Planning Commission at a public hearing. The Islamic Center requested a special use permit to allow installation of an 83 foot by 68 foot classroom building at the northeast corner of their current building. They also requested a lot consolidation to allow the residential site at 1413 Gardena to be on Islamic Center school property. The classroom addition would be modular sections connected by a temperature-controlled link from the modular to the building. Many locations were considered for the classroom, and the determination was made for an area that least impacted the slopes and trees. The classroom crosses over the property line of the adjacent address which is also owned by the Islamic center. The property is located on Gardena Avenue across from the Totino-Grace High School. The school faces Gardena Avenue. Mr. Hickok stated that the code requires a special use permit for a private school in an R-1 zoning district. Staff recommended approval of the lot split combination request with stipulations. FRIDLEY CITY COUNCIL MEETING MINUTES OF MAY 8, 2000 PAGE 21 Councilmember Wolfe asked Mr. Hickok if it has been the policy in the past for daycare to have adequate parking for this kind of permit. Mr. Hickok stated that this is not a consideration for a special use permit for a daycare center at this time. If it is the intention of the school to run a daycare from the home, they need to go through the process which would include a parking and site plan review. Councilmember Wolfe asked if they were using the house right now as a daycare facility. Mr. Hickok stated that he was not aware of any daycare. Councilmember Bolkcom stated that the parking lot is small. She asked if the classroom being added on would require more teachers or students. Mr. Hickok stated that there are 24 parking spaces on the site. There are 17 faculty members. There is also parking along Gardena. On-site parking is a requirement, and modifications to the parking lot may be necessary but at this time there are no plans to add new spaces. Councilmember Bolkcom asked if they needed more parking for this addition. Mr. Hickok stated that this is a temporary building and parking is not an issue. The school was looking at an addition to the school which would eliminate the need for the modular building. At the time of the permanent addition, parking would be looked at. MOTION by Councilmember Wolfe to receive a letter from Spencer and Gay Minear, 1291 Gardena Avenue South. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Kais Guiga, Vice Principal of the Islamic Center, stated that the center is increasing their quantity each year. This year they teach up to the eighth grade. Next year they hope to go teach tenth grade. There is not an issue with parking at this time. The students are too young to drive their own cars to school. Councilmember Bolkcom asked how many other employees they have at the school besides the 17 teachers. Mr. Guiga stated that the janitors come after school. This is a temporary solution for the next couple of years. Mayor Jorgenson stated that she has received numerous telephone calls regarding the condition of the property. Mr. Qureshi, President of the Islamic Center, stated that he was able to listen to some complaints and concerns with the neighbors at the last Planning Commission meeting. They have already FRIDLEY CITY COUNCIL MEETING MINUTES OF MAY 8, 2000 PAGE 22 started mowing all the way up to the fence now. He likes the vines on the fence because of the screening they provide, but he understands the neighbors do not like that so they are trying to address that issue. They have spent about $25,000 on landscaping for the front. They like to be good neighbors and have a number of programs that they would like to communicate with the community. There is a wellness program next week and a program on allergies, health care and dental care. He personally went out there a couple weeks ago to look at the problems. One of the problems was understanding exactly where the property line was. Mayor Jorgenson stated that in the wetlands area there are chairs, weeds, rocks and other materials dumped on the property. She asked if it was going to be �cleaned up. Mr. Qureshi stated that he was not aware of anything dumped into the wetland area. He said he would make sure that when they clean up next Saturday that will be taken care of. Councilmember Wolfe stated that he walked the properly to check out the neighbors' concerns. There are busted tables, leaves being dumped into the swamp area and trees growing through the backstop. He was shocked at how bad the property looked. This was just yesterday. The neighbors have said that everything the Islamic Center promised they would do has not happened. The fence is overgrown with weeds, and he was very concerned about the neighbors' feelings toward this. Mr. Qureshi stated that he has listened to the concerns and said they would work on this. He would be willing to talk to the neighbors more and listen to their concerns. Mr. Burns, City Manager, stated that six years ago code enforcement was there to walk the grounds. The real problem at the time was volunteer labor. It is a huge area. He asked how it would be possible to get by with volunteer labor. Mr. Qureshi stated that it is a volunteer board, but they have people who get paid to mow the lawn. One person does it, and they are looking at hiring a landscaper. They only have one lawnmower. If it breaks down they will have a problem. Councilmember Barnette stated that the City sent many letters of information from the Values First program to the Islamic Center. If the Islamic Center becomes part of the Values First organization they can take advantage of many programs. Mr. Qureshi stated he appreciated that very much. Mayor Jorgenson stated that she has heard from the interfaith community that they would like to bring them into some of the discussions and issues of affordable homes for people in the community. Mr. Qureshi stated that they have regular interfaith dialogue with other churches and groups. Ms. Olga Palmer, 1329 Gardena, stated that on May 1 she took pictures of the area. The pictures showed propane tanks and no parking sign posted on neighbors fences. Garbage dumpsters have FRIDLEY CITY COUNCIL MEETING MINUTES OF MAY 8, 2000 PAGE 23 garbage overflowing. This is all visible from the street. The backstop for the playground has trees growing through it. She asked about maintaining the back end of the property that the neighbors look at. The house that the Islamic Center purchased a daycare center to the best of her knowledge. The school bus that is sitting outside in the parking lot looks like a storage facility. The neighbors are quite upset. This is not maintained. With the added parking, the parking space issue should be addressed tonight before they do more expansion. The building is operated seven days a week. On Sunday they double park in the street and in the no parking area in front of the school. They dump into the swampland, which is part of the Rice Creek watershed area. The rubbish pit is overflowing. Ms. Ardella Foco, 1345 Gardena Avenue, stated that she has lived next to the school since 1957. The building was built in 1964, and ever since this has been an on-going problem. She has a three-foot fence. She has talked with members of this group, and no one seems to know that the fence belongs to them. There are trees overgrowing, and she has planted lilac bushes to try to deaden some of the sound from the dances the center has. The gym door is open over the weekends, and there are all kinds of people back there so she cannot go in her backyard because the people are hanging on the fence and everywhere in the back. She said it was really scary because the voices are very loud. Beer and whiskey bottles are thrown on her property. That has been since the school started. The lights from the center shine into her property at night. She is asking for a privacy fence. The City promised there would be a privacy fence. There is every violation that there could possibly be. She cannot afford to move because the value of her property is going way down. The house next to her could not get the price they wanted. She felt she has been ignored by the City. The parking lot they are talking about is really a basketball court. Mr. Spencer Minear, 1291 Gardena Avenue, stated that he would like to ask Council to vote no on the proposal. It is completely inadequate. The basic issues raised se��en years ago when they asked for a special use permit on what they were guaranteed would be for daycare usage do not appear anywhere on the current proposal. Parking facilities are ridiculous. The existing facility is not being maintained by any level of standard. The organization did not go ahead with the daycare center seven years ago, and did not follow the stipulations. Trees and vines are going up into the neighbors trees killing them. Nothing has been done about the driveway, and there are no privacy fences. The program is what is putting the stress on the area, not the building. Mr. Omar A-Saadoon, 1509 Windemer Drive, stated that he is Chairman of the board of the school. The school has a very good relationship with the ICM, and they are working jointly on addressing these problems. The Islamic Center was designed to be a school building. He knows that Mr. Qureshi will deal with the issues of the fence and the weeds. None of the children at the school drink. They are elementary school kids. Their religion prohibits drinking. This has happened from the surrounding area. Neighbors are dumping in the swamp area. The neighbors view this property as a park. They will address all of these issues. Councilmember Bolkcom stated that all of the debris and junk on the property still needs to be picked up no matter who placed it there. Mr. A-Saadoon stated that they do not go into the swamp area that often. FRIDLEY CITY COUNCIL MEETING MINUTES OF MAY 8, 2000 PAGE 24 Councilmember Bolkcom stated that when the gazbage is not cleaned up, pretty soon other people start dumping garbage. Neighbors stated that they have seen parents drop off kids at the school and then go and dump leaves. Mr. A-Saadoon stated that he does not know of this. Councilmember Wolfe stated that neighbors say that as students are being dropped off the parents are carrying their leaves and sticks into the swamp area. When he walked back there he did see many leaves and sticks. He grew up in the neighborhood and knows that people go back in the swamp area to drink beer. He said it is not the center's fault. Councilmember Bolkcom asked Mr. A-Saadoon if they had a daycare center. Mr. A-Saadoon stated that they have a facility for the teachers' children only. Councilmember Wolfe asked if the daycaze was being run out of the blue house at 1413 Gardena. Mr. A-Saadoon stated that it was. They are in the process of obtaining the permits for it. Councilmember Bolkcom stated that to operate a daycare you need a permit. Mr. Hussein Khatib, Principal, stated that it is unfortunate that they are at this point talking about what they have done or have not done. They probably could have done a better job with communication with the neighborhood. He would like to communicate with the neighbors more because he shares a lot of the frustration with the buses and appearance. The parking space will not be an issue because they are not adding on many more students or teachers. Councilmember Bolkcom asked if they park in the street. Mr. Khatib stated that they do not. Parents may come to drop and pick up in the street. The daycare had licensing that used to be taken care of by the State. Now it is transferred to the County. The Deputy Fire Chief approved the facility and they are going through the whole process of licensing to get the C-1 or C-2license. Mayor Jorgenson asked if they were going for a licensed child care facility or a licensed daycare center. Mr. Khatib stated that they are going for an in-home center. There will be fourteen children. The center is just as concerned for the safety of the children as the neighbors. They never have dances or parties. The addition is temporary and they would love to have a permanent addition. He asked what is so ugly about looking at a school bus. This school has buses just like other schools. They are doing their best to keep up the grounds. It is their mission at the school to provide a safe, drug-free environment. They have bigger dumpsters now. FRIDLEY CITY COUNCIL MEETING MINUTES OF MAY 8, 2000 PAGE 25 Ms. Mary Shogren, 524 Dover Street, stated that she is concerned about the children running across the street to the school as they are dropped off. Councilmember Wolfe stated that they could possibly extend the consideration of this for another sixty days to give more time to work out problems with the neighborhood. Mayor Jorgenson stated that possibly a crosswalk should be considered for the children. Mr. Carlton Crutchfield, parent of a student, stated that this center was a jewel. They are here to try to allow the students a place to learn. If the ICM needs to have better maintenance and the neighbors have complaints it should be addressed as a stipulation. The school needs Council's help. He encouraged them to exercise their leadership. Mayor Jorgenson stated that they are exercising their leadership. She has worked on this property for ten years. They have exercised almost all of the means, but the property is not being taken care of. The property needs to be brought into conformance. She needs to see a marked improvement in the property. Councilmember Bolkcom stated that they heard from the neighborhood also about the safety of the kids perceived to be from the school running across the street. That is another valuable lesson to teach the children that you learn to get along and compromise. This is too adversarial. Councilmember Wolfe stated that he loves what the Islamic Center has done with their school and wishes the public school could do the same thing. The main problem is the property maintenance. That is another lesson to teach. The high school goes with the students to pick up the sand dunes. Mr. Crutchfield stated that he just wanted to make a reminder that they should be focusing on the additional space issue. He hates to see that issue compromised because of overgrown vines and bushes. Councilmember Wolfe stated that he has not heard one bad thing talked about regarding the whole organization except for that one issue. That is all they are asking right now is for the Islamic Center to earn something first. He lives in the area, and he knows that the kids that walk across the street are not Totino-Grace high school kids. It is a safety issue with the number of cars. Mr. Crutchfield stated that it is a safe environment on the grounds. The safety issue of the kids crossing the street does need to be addressed. Mr. Minear stated that he supports the school program, but the issue is that when the program impedes on the livability of his house, that has to be resolved. Stipulations that were good enough seven years ago are being completely ignored. He hopes for a little more long-term planning for what is going on. The school is substandard in how it is situated in the land. FRIDLEY CITY COUNCIL MEETING MINUTES OF MAY 8, 2000 PAGE 26 Mr. S.A. Saouoy, 151 83`d Avenue, #213, stated that he is a pazent of two children at the school. The south part of the fences has been cleaned up completely, and they are working on the north side now. There are some places where the backyards of people have privacy from the vines. If the neighbors want it cut, they will cut it. He challenges anyone to say that there was no improvement from the Planning Commission meeting to today. Mayor Jorgenson stated that perhaps they could work with the Islamic Society to conduct a survey of the neighborhood to see what they would like to have done with the vines on the property. Councilmember Wolfe stated that they are trying to compromise and work together. Mr. Guiga asked if it would be possible to meet this Sunday. He will not be available but somebody else could meet. Councilmember Wolfe stated that he would like to stop by and find one of the neighbors to be a representative. Mr. Guiga stated that one of the people from the school will contact the City. Mayor Jorgenson stated that Councilmember Wolfe is considering tabling this request for sixty 60 days with the consent of the petitioner. If they do not take action, this will automatically pass. They need to see some type of marked improvement and come to a consensus on how they can live with the proposals. This extension of the sixty-day action is her recommendation also. If this did not occur Council would have to vote this evening. Councilmember Wolfe stated that the extension is for the Islamic Center's benefit to have time to fix things right away. Mr. Guiga asked if they could split the two requests. Mayor Jorgenson stated that she would have no problem with the consolidation of the lots. Councilmember Bolkcom stated that the consolidation of the lots has the stipulation involving the special use permit. They would be hard pressed to do one without the other. Mayor Jorgenson stated that they could approve the consolidation pending approval of the special use permit. Councilmember Barnette stated that they should table this and do it all at one time. MOTION by Councilmember Wolfe to table the resolution approving a Lot Consolidation, I,C #00-03. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLAREI2 TI�E MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING MINUTES OF MAY 8. 2000 PAGE 27 MOTION by Councilmember Wolfe to table consideration of Special Use Permit, SP #00-06 in order to ascertain the necessary information to examine and study the request to the extent of the review period and Council action for an additional sixty days. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Bolkcom stated that the neighbors would be notified when to appeaz before Council again. Mayor Jorgenson stated that they would work with the petitioner to try to come up with a survey regarding the vines on the fence. Councilmember Bolkcom stated that it will probably be heard during the first meeting in June. 18. INFORMAL STATUS REPORTS: Mayor Jorgenson stated that on Thursday the block captains' meeting will start at 7:00 p.m. •D�Z�I11:�►� MOTION by Councilmember Barnette to adjourn the meeting. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MAY 8, 2000, CITY COUNCIL MEETING ADJOURNED AT 12:35 A.M. Respectfully submitted, Signe L. Johnson Nancy J. Jorgenson Recording Secretary Mayor CITY OF FRIDLEY PLANNING COMMISSION MEETING, MAY 3, 2000 CALL TO ORDER: Chairperson Savage called the May 3, 2000, Planning Commission meeting to order at 7:30 p.m. ROLL CALL: Members Present: Diane Savage, Larry Kuechle, Barbara Johns, Connie Modig, Dave Kondrick, and Roy Oquist Members Absent: Dean Saba Others Present: Paul Bolin, Planner Julie Jones, Planner/Recycling Coordinator Margaret Greshik, 121 Hartman Circle E. J. Scholzenm 117 Hartman Circle Patrick Gooley, 6348 Starlite Boulevard APPROVE THE APRIL 19 2000 PLANNING COMMISSION MEETING MINUTES: MOTION by Mr. Kondrick, seconded by Mr. Oquist, to approve the April 19, 2000, Planning Commission meeting minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING: Consideration of a special use permit, SP #00-08, by Margaret Greshik, to construct a second accessory structure (detached garage in the rear year), generally located at 121 Hartman Circle. MOTION by Mr. Oquist, seconded by Mr. Kondrick, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 7:32 P.M. Mr. Bolin stated that the petitioner is requesting a special use permit to allow the construction of a 720 square foot accessory building to be used for vehicle parking and storage. Accessory buildings of over 240 square feet are permitted as a special use in the R-1 zoning district provided the total square footage of all accessory buildings does not exceed 1,400 square feet. The property is zoned R-1, single family residential. East River Road runs behind the property, and the front of the home faces Hartman Circle. The lot was platted in 1955 and the home was built in 1960. In 1997, Anoka County acquired 27 feet of the property along the East River Road side diminishing the 1 PLANNING COMMISSION MEETING, MAY 3, 2000 PAGE 2 size of the property. The petitioner is also seeking a variance from the Appeals Commission to construct the garage 9 feet from the rear property line. Code requires a 35 foot setback for a double frontage lot. The garage would be located 37 feet from the old property line prior to Anoka County acquiring 27 feet. Mr. Bolin stated that the garage would be built seven feet from the property to the south. Neighboring properties have accessory buildings similar in nature. Staff recommends approval with the following stipulations: 1. The petitioner shall obtain all necessary permits prior to construction. 2. The petitioner shall provide a hard surface driveway by May 1, 2001. 3. The accessory structure shall not be used to conduct a home occupation. 4. Approval is dependent upon the approval of variance request, VAR #00-05. Mr. Bolin stated that the petitioner has the side of the home hard-surfaced, which will provide access to the garage. Mr. Kondrick asked why the petitioner wanted to have the garage so far back. Ms. Savage stated that is an issue for the Appeals Commission. Mr. Bolin stated that the petitioner placed the garage in that location based on sunlight and open space in the back yard. Mr. Oquist asked how far the garage would be from the house. Mr. Bolin stated that it would be at 34 feet and would actually only need to be about five feet. Ms. Margaret Greshik stated that her fiance, who is in a wheelchair, cannot move well in her existing garage because there are finro cars in it and there is not enough space for the wheelchair. She wants her property to look neat and wants to properly store the other cars. She has no problem with the stipulations. Mr. Kuechle asked about the hard surface for the driveway. Ms. Greshik stated that when she first moved in, the large area in the back was concrete so she hard-surfaced the area between that concrete and the driveway for her fiance to be able to wheel around to the back. Mr. Oquist asked if the driveway would go up to the concrete. Ms. Greshik stated that it would. It would be only about fifteen feet or so of more concrete. Mr. Charles Scholzen, 113 Hartman Circle, stated that he lives three houses down from Ms. Greshiks'. He is in favor of granting this permit because he would also like to add a garage in the back in the future. 2 PLANNING COMMISSION MEETING, MAY 3, 2000 PAGE 3 MOTION by Mr. Kondrick, seconded by Mr. Oquist, to ciose the public hearing. Seconded by Mr. Oquist. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE PUBLIC HEARING CLOSED AT 7:46 P.M. Mr. Oquist stated that it sounds reasonable. How wide is the concrete by the garage for a driveway? Mr. Bolin stated that his survey says it is about 8.5 feet. The petitioner's survey states it is about 9.5 feet. The City's survey probably had the home drawn in. Ms. Johns asked if the concrete goes to the property line. Ms. Greshik stated that the concrete abuts railroad tie borders. MOTION by Mr. Saba, seconded by Mr. Oquist, to recommend approval of special use permit, SP #00-08 with stipulations as follows: 1. The petitioner shall obtain all necessary permits prior to construction. 2. The petitioner shall provide a hard surface driveway by May 1, 2001. 3. The accessory structure shall not be used to conduct a home occupation. 4. Approval is dependent upon the approval of variance request, VAR #00-05. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. CONSIDERATION OF A ZONING TEXT AMENDMENT, ZTA #00-01, BY THE CITY OF FRIDLEY INTENDED TO MINIMIZE LOSS OF URBAN FOREST BY REQUIRING TREE PRESERVATION PLANS AS PART OF SUBDIVISION APPLICATIONS. MOTION by Mr. Kondrick, seconded by Ms. Johns, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 7:48 P.M. Ms. Jones stated this topic came about with the issues raised in the Gardena-Benjamin plat review process that occurred last year. The City Council requested staff to investigate the degree of tree loss seen in recent subdivisions and to study tree preservation ordinances of other communities. The existing City code does have some tree preservation requirements. Section 104 applies to tree disease control and hazardous trees. This is handled on complaint basis only. Section 510 deals with preserving trees on City-owned property. Zoning ordinance Section 205 applied to landscaping requirements for several types of property with the exception of R-1, single family property. � PLANNING COMMISSION MEETING, MAY 3, 2000 PAGE 4 Ms. Jones stated that the main area of concern was with single family property since current code does not address single family properties. City staff found few subdivisions occuring; however, the potential is that there are nearly 700 parcels that are of the square footage requirements that could possibly subdivide in the future. Recent subdivision cases have had an average of three significant trees per parcel removed. Replacing trees is often an issue of debate with applicants. Many of the 700 parcels are along the Mississippi River and Rice Creek that are heavily forested. The benefits of trees are that they remove CO2 emissions, lower air pollution, cool neighborhoods, provide windbreaks, cut cooling costs, and increase property value by 15% or more. Trees support many generations of birds and wildlife and improve community pride. Ms. Jones stated that there are also several water quality benefits to trees by reducing the amount of water reaching the streams and the water table. Trees keep excess phosphorus and nitrates from entering streams and rivers and are critical to protecting wetlands. City staff and the Environmental Quality and Energy Commission recommend approval of protecting significant trees which are defined as deciduous trees of four inches in diameter and greater and coniferous trees of eight feet in height or greater through the subdivision process. Ms. Jones stated the EQE and staff believe that monitoring ongoing tree removal on private property would be impossible to enforce. Besides, most people know the value of trees and do not remove them without good cause. The subdivision application process is a very good point to look at the issue of tree loss. The proposed amendments would require a tree preservation plan to be prepared by qualified professionals. If significant trees are present and are expected to be impacted, a reforestation plan would be required. Significant trees would be required to be replaced with a minimum of three per parcel. Ms. Jones stated that the City would retain the right to require more than three replacement trees if the property was larger than 15,000 square feet in size within one year of issuance of the building permit. This addresses the concern of protecting adjoining property values, allows staff to treat all subdivision applicants consistently and addresses the problem up front in the application process. It formalizes the procedures Staff has already been following through the stipulation process for a number of years. The recommended action is to approve zoning text amendment #00-01 to preserve trees through the subdivision application process. Mr. Kondrick asked how big the replacement trees should be. Ms. Jones stated that replacement deciduous trees shall be a minimum of 2.5 inches of diameter and six feet in height for coniferous. Mr. Kuechle stated that this only applies to subdivisions for a lot split. Ms. Jones stated that was correct. � PLANNING COMMISSION MEETING, MAY 3, 2000 PAGE 5 Mr. Oquist stated that if you have a subdivision and there is already 20 or 30 trees on the lot and they cut down trees to put in a house, the total number of trees should be looked at in the subdivision. To plant three trees in an area where there are 20 trees already will not do much good. Ms. Jones stated that Mr. Hickok stated that there has never been a case in recent history where there was a lot that did not have room for a minimum of three trees. Ms. Johns stated that 20 trees that may be left are on two of the lots. Mr. Oquist stated that they are talking about a subdivision, not lot by lot. Ms. Johns stated they are talking about one lot being subdivided and most lots are not able to be divided into more than four lots. Mr. Oquist stated that there is a lot on Old Central where every tree was taken out for four lots. There needs to be some words to address the total number of trees. Ms. Savage stated that they are trying to establish an ordinance that is going to apply to the City in general. If there is an unusual situation, possibly the applicant could ask for a variance or special use permit. Ms. Jones stated that is correct. They could go through the variance process. Ms. Johns asked if there was any way, with this verbiage, that a person could buy the property, clear-cut the prope�ty, and then divide the property. Ms. Jones stated that is a concern, but staff could not come up with a way to address that. This does not prohibit someone from clear-cutting a lot and then coming in to apply for a subdivision. Mr. Oquist stated it is feasible that the trees are where the house would be built so clear-cutting is necessary. Ms. Jones stated they are talking about cutting the trees before the application process. Mr. Kuechle asked why they did not choose to just require a landscape plan like they do on commercial properties. Ms. Johns stated that landscaper architects charge a lot of money that people would not necessarily be able to afford. They did not want to make it real costly. Mr. Kuechle stated that this is kind of the same thing which requires an assessment and normally a person can get a landscape plan from any landscaping company inexpensively if you commit to buying the trees from them. F� PLANNING COMMISSION MEETING, MAY 3, 2000 PAGE 6 Ms. Jones stated that staff considered placing the tree preservation requirements in Section 205 of the zoning code, but that staff decided it was better placed in the Subdivision section. Ms. Savage stated that the ordinance should be consistent and uniform and is a new idea. There is a need to preserve the trees. Mr. Oquist stated that a landscaping plan dictates where they would have to plant the trees. Mr. Kuechle stated that the landscaping plan would still be the people's decision where to plant things. He feels this is a great idea to preserve trees. It is a fairly common occurrence that once trees are cut down, the neighboring trees die also. That is why he feels the landscape plan is a better choice. Ms. Jones stated that the tree replacement plan does need to be approved by the City forester. There is a heavy emphasis on the replacement tree being high-wind-resistant. The City is involved in Project Impact, and is trying to make the community more aware of storm safety issues. Mr. Kuechle stated that conifers get to be hazardous after about 30 years when they grow so big and need to be cut down eventually. Ms. Jones stated that the Environmental Quality & Energy Commission decided that they would like to see some education done in the community about tree maintenance and management. There is an objective for the Community Development Department to coordinate a tree sale in 2001. Project Impact is giving some grant opportunities to help underwrite costs of trees and do some public educational. Rosie Griep, the Crime Prevention Officer, has plans to do a tree maintenance seminar for the public. Mr. Patrick Gooley, 6348 Starlite Boulevard, stated that the Star Tribune did an article on his neighborhood. NSP had people come and selectively cut under the power lines. He talked with them and they said they were just going to selectively cut under the power lin�s. He came home Tuesday and everything was gone. NSP sprayed chemicals and did not tell anyone exactly what those chemicals were. They had beautiful trees in their neighborhood and now everything is gone. Ms. Johns stated that she heard about that. Ms. Savage asked if he had any recourse. Mr. Gooley stated that he did not and that was frustrating for him. Ms. Johns asked if they could do anything about that. Mr. Bolin stated that City staff feels for the neighborhood, but it is Burlington Northern property and an NSP right-of-way. Railroads and utility companies have their own set of rules they follow. The City was not approached by NSP prior to this happening. 0 PLANNING COMMISSION MEETING, MAY 3. 2000 PAGE 7 Missy Daniels, Code Enforcement Officer, is working on the matter with NSP. One of the problems is that different responsible parties are in different areas of the State. Mr. Burns, City Manager, has also been involved with this. Mr. Kondrick stated that it would be nice if they could at least find out what chemicals were used. MOTION by Mr. Kondrick to close the public hearing. Seconded by Mr. Kuechle. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 8:20 P.M. Mr. Oquist asked Ms. Jones if Staff talked about a developer going in and clear-cutting the trees in a subdivision. Would this ordinance require them to go back once they start building the house and replant some trees? Ms. Jones stated that if they have done it before the subdivision application, they could not. Mr. Oquist stated that is a loophole. Mr. Bolin stated that in cases like that, they could try to place stipulations on the approvals. Mr. Kondrick stated he likes Mr. Kuechle's idea of a landscape plan opposed to this ordinance. Ms. Savage stated that the applicant has to get permission to subdivide a lot through the Planning Commission. At that time the Planning Commission could provide stipulations. Ms. Jones stated that staff could not come up with a solution as far as language to prevent the removal of trees before the subdivision process. They do have the oppo�tunity through stipulations to address that once they get into the process. Mr. Oquist asked if there could be another ordinance that states that nobody can clear- cut? Ms. Jones stated that gets back into the issue of enforcement difficulties. Mr. Oquist stated that they could move this on to the City Council with the issue that consideration should be given to clear-cutting and how to handle that one. His other issue is that if there are already many trees on the lot and they c�rt enough to do what they have to, is it necessary to have them go back? More trees may only be detrimental to the lot. Ms. Savage asked if �hey could move it on with the concerns noted. � PLANNING COMMISSION MEETING. MAY 3. 2000 PAG E 8 MOTION by Mr. Kuechle, seconded by Mr. Oquist, to approve the zoning text amendment, ZTA #00-01, by the City of Fridley, intended to minimize loss of urban forest by requiring tree preservation plans as part of a subdivision application. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. OTHER BUSINESS Mr. Bolin updated the Commission on past City Council actions. ADJOURNMENT: MOTION by Mr. Kondrick, seconded by Mr. Oquist, to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE MAY 3, 2000, PLANNING COMMISSION WAS ADJOURNED AT 8:35 P.M. Respectfully submitted, ; �. ��Sh� Signe L. Johnson Recording Secretary : : AGENDA ITEM CITY COUNCIL MEETING OF MAY 22, 2000 Cfflf OF FRIDLEY Date: 5/11 /00 To: William Burns, City Manager �� J From: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Paul Bolin, Planner RE: Planning Commission action on SP #00-08 M-00-85 INTRODUCTION Margaret Greshik, property owner at 121 Hartman Circle, is seeking a special use permit to allow the construction of a second accessory structure over 240 square feet in size. The petitioner is also seeking a variance from the Appeals Commission to locate an accessory building 9' from the property line rather than the code required 35'setback for double frontage lots to allow the construction of this additional 24' X 30' detached garage. Accessory buildings over 240 square feet are a permitted special use, provided the total size of all accessory structures does not exceed 1,400 square feet. The existing garage and the proposed accessory building/garage are a total of 1,152 square feet, which is 248 square feet less than the total allowed by Code. The Appeals Commission has granted the petitioner a variance to locate the structure 9' from the rear yard line due to Anoka County's acquisition of 27' of the petitioners property for East River Road improvements. PLANNING COMMISSION ACTION At the May 3, 2000 Planning Commission meeting, a public hearing was held for SP #00-08. After a brief discussion, the Planning Commission endorsed staff s recommendation for approval. A motion was made to recommend approval of special use permit, SP #00-08, with stipulations. THE MOTION CARRIED UNANIMOUSLY. 0 Memorandum PLANNING STAFF RECOMMENDATION City Staff recommends that the City Council concur with the planning commission and grant the proposed Special Use Permit, SP #00-08 with the stipulations as presented. 10 City of Fridley Land Use Application SP#00-08 May 3, 2000 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Margaret M. Greshik 121 Harhnan Circle Fridley, MN 55432 Requested Action: Special Use Permit Purpose: To construct a second accessory structure over 240 square feet. Existing Zoning: Residential - 1 Location: 121 Hartinan Circle Size: 11,174 sq. ft. .26 acres Existing Land Use: Single Family Home Surrounding Land Use & Zoning: N: Single Family, R-1 E: Single Family, R-1 S: Single Family, R-1 W: Single Family, R-1 Comprehensive Plan Confomzance: Consistent with Plan Zoning Ordinance Conformance: Sections 205.07.1.C.(1) requires a special use pernut to allow accessory buildings other than the first accessory building, over 240 square feet. Zoning History: Lot platted in 1955. Home built in 1960. Lot Size Diminished by County in 1997. Legal Description of Properiy: Lot 6, Block 2 Sandhurst Addition Council Action: May 22, 2000 11 Public Utilities: Home is connected. Transportation: Home is accessed by Hartman Circle. Physical Characterisrics: Typical suburban residential landscaping, drastic change in elevation at east property line, where County has constructed a retaining wall. SL�MMARY OF PROJECT Margaret Greshik, property owner at 121 Hartrnan Circle, is seeking a special use perrnit to allow the construcrion of a second accessory structure over 240 square feet in size. The petitioner is also seeking a variance from the Appeals Commission to locate an accessory building 9' from the property line rather than the code required 35' for double frontage lots. SUMMARY OF ANALYSIS City Staff recommends denial of this special use permit reqitest. • Second accessory buildings over 240 squaze feet are a pemutted special use in the R-1 zoning district, provided the total square footage of all accessory buildings do not exceed 1,400 square feet. The petitioners proposal is 1,152 square feet of total accessory buildings once new garage is completed. Prior to Anoka County acquiring the eastern most 27' of this lot for East River Road improvements, the proposed garage location would have met code setback requirements. Staff Report Prepared by: Paul Bolin SP #00-08 REQUEST Margaret Greshik, property owner at 121 Hartman Circle, is seeking a special use pernut to allow the consiruction of a second accessory structure over 240 square feet in size. The petitioner is also seeking a variance from the Appeals Commission to locate an accessory building 9' from the property line rather than the code required 35'setback for double frontage lots to allow the consiruction of this additiona124' X 30' detached garage. Accessory buildings over 240 square feet aze a permitted special use, provided the total size of all accessory siructures does not exceed 1,400 square feet. The existing garage and the proposed accessory building/garage are a total of 1,152 square feet, which is 248 square feet less than the total allowed by Code. ANALYSIS Second accessory buildings over 240 square feet are a pernutted special use in the R-1 zoning district, provided the total square footage of all accessory buildings do not exceed 1,400 square feet. The petitioners proposal is 1,152 square feet of total accessory buildings once new garage is completed. Prior to Anoka County acquiruig the eastern most 27' of this lot for East River Road improvements in 1997, the proposed garage location would have met code setback requirements. The new property boundary is the approximately 6' high retauung wall const�ucted by Anoka County. Due to the grade change, the locarion of the garage, 9' from this new rear property line will not have any negative impacts to traffic on East River Road or appear out of character with neighboring properties. (View of proposed garage location from SE) *Gara�e Locarion* (View of retaining wall & neighboring properties) RECOMMENDATIONS City Staff recommends approval of this special use permit, with stipulations. • The proposed size of the building does not the total allowable square footage for accessory buildings. 12 STIPULATIONS Staff recommends that if the Special Use Pemut is granted, the following stipulations be attached. 1. Petitioner shall obtain all necessary pemuts prior to const�uction. 2. The petitioner shall provide a hardsurface driveway by May 1, 2001. 3. The accessory structure shall not be used to conduct a home occupation. 4. Approval is dependent upon the approval of VAR #00-05. �� CfTY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF MAY 22, 2000 DATE: May 17, 2000 TO FROM: William W. Burns, City Manager �r�4' � !I � Barbara Dacy, Community Development Director SUBJECT: Kurt Manufacturing Final Plat Kurt Manufacturing Company, 5280 Main Street, requested a preliminary plat of their property to allow a small parcel of Burlington Northern Railroad property to be combined with their existing property. The plat will allow transfer of property from Burlington Northern to Kurt Manufacturing Company. Kurt has been using this property as if it were part of their site for a number of years. The preliminary plat was reviewed and recommended for approval, by the Planning Commission, on October 6, 1999. City Council review of the item occurred on October 25, 1999. The City Council approved the preliminary plat with 5 stipulations (attached). Once approved in final plat form, the petitioners indicated that the property will be combined for tax purposes to eliminate the possibility of future separation (in accordance with stipulation #4). All City and County required corrections to the preliminary plat have been completed. RECOMMENDATION Staff recommends approval of fnal plat, PS #99-06, as proposed. M-00-88 �� RBSOLUTION NO. -2000 RESOLUTION APPROVING A PLAT, P.S. #99-06, BY RURT MANiJFACTURING COMPANY TO REPLAT PROPERTY FOR TH$ PURPOSE OF PURCHASING A PORTION OF THE RAILROAD RIGHT-OF-WAY, GENERALLY LOCATSD RAST OF RAIL LINB, BSHIND EXISTING KURT MANUFACTURING BUILDING AT 5280 MAIN STRi3ET WHEREAS, the Planning Commission held a public hearing on October 6, 1999, and recommended approval of said plat; and WHEREAS, the City Council approved the preliminary plat for KURT ADDITION at the October 25, 1999, meeting with stipulations attached as Exhibit A; and WHEREAS, the City recognizes that the KURT ADDITION replaces the former metes and bounds descript�on of the Kurt property; and WHEREAS, a copy of the plat KURT ADDITION has been attached as Exhibit B. NOW, THEREFORE, BE IT RESOLVED, that the City Council approves the Final Plat for KURT ADDITION and directs the petitioner to record plat at Anoka County within six months of this approval or such approval shall be null and void. PASSED AND ADOPTED BY THE CITY COUNCIL OF THF CITY OF FRIDLEY THIS 22ND DAY OF MAY, 2000. ATTEST: DEBRA A. SKOGEN - CITY CLERK 15 NANCY J. JORGENSON - MAYOR Page 2- Resolution -2000 - Kurt Addition EXHIBIT A 1. Grading and drainage plan to be approved by City's engineering staff prior to the issuance of any permits for the parking lot. 2. Parking lot to be constructed to Code standards by October 25, 2004 or when improvements are made to the parking lot prior to that date. If parking lot is not constructed to Code standards by October 25, 2004 the City reserves the right to construct parking lot to Code standards and assess property owner for the cost. 3. Petitioner shall provide a 25' drainage and utility easement along easterly property line of proposed Lot 1. 4. Petitioner shall combine this lot with existing property prior to final plat. 5. Petitioner to pay applicable park dedication fees prior to issuance of any permits. LL`� 05/17/2000 15:23 6125331937 MERILA AS50CIATES ,„ Q , ., . . . x. -�3_.�e. _ � . . . . !. � � 'd� W Z � 7 � �4 �I a�� a ( . � .�_ .. 4. .��.. _ w o a 6^ I ��f �^ g '�a �' r ' � O � 1 � C �g�.lT � � � � �'3 � �� I �� al 8� � � i�� 33 �� i +'•� J � O Z �a I � �� s� �a rt! 4� � 3 I � t 1 ie S � �'• �� 33 Y. j( ��» i � � �3� ��3j k; �� ;� �� ':a#i� � �� _E � 0 j2;�� jY xx �,�r�� 5 �� . ia��gi � +�� =��3t�� r .� Z ?► ; ��7� Kx a` � ��a8l� " , � �� -�� 1 �� s a E .P= ��i; $6 � �+n �� j � y , j� � �, �� C � �l �sb�i$ e� t ' � ��a�E� r � � � �- . � .. 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I '� j- ......�Y:....:.:��s<�er�°"�J =�*�� J�.._.�__�—. � � n. e �„� �l .�r---�—_ ii �'SC{ pp'Yf �� ! I 3.SY.r�,pp S•,St .6t.i0 g 3-Sa•�'l0 S ~ � � � � ... �,_�w...a`°r.�°'�= /'� �__'—� � �.L .: • .s • City of Fridley Land Use Application PS-99-06 October 6, 1999 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Kurt Manufacturing 5280 Main Street, NE Fridley, NIN 55421 Requested Action: Plat of property obtained from Railroad. Facisting Zorung: M-2, Heavy Industrial Location: East of rail line, behind existing Kurt building at 5280 Main Street. Size: 19,631 square feet .45 acres Existing Land Use: Vacant Surrounding Land Use & Zoning: N: Single family home & R-1 E: Single family home & R-1 S: Single family home & R-1 W: Shopping Center & C-3 Comprehensive Plan Conformance: Use of property is consistent with Plan. Zoning Ordinance Conformance: Lot will need to be combined with Kurt's existing properry in order to have street frontage and be usable. Zoning History: � 1941 - Lot is originally platted. • 1959 - Mfg. Building is completed. � 1960 - Warehouse constructed. • 1963 - Warehouse constructed. • 1964 - Warehouse constructed. Additions were made to the buildings in 1965, 1967 and 1975. Legal Description of Property: N. 347' of Lot 4, Aud. Sub. #79 Council Action: October 25, 1999 �� Public Utilities: Located near property. Transportarion: Property is accessed from Main Street. Physical Characteristics: Vacant, bituminous and gravel. SUMMARY OF REQUEST Petitioner is seeking a plat to add property acquired from the BNSF railroad to existing property. SUMMARY OF ANALYSIS City Staff recommends approval of this plat regaiest, with stipulations. • Proposed lot needs to be combined with existing Kurt property prior to final plat approval. • All final grading and drainage plans will meet the approval of City Engineering staff . View of south side of Kurt Mfg., looking towazds RR property Staff Report Prepared by: Paul Bolin PS 99-06 ANALYSIS Petitioner is seeking to add property acquired from the Burlington Northern and Santa Fe Railway Company to their existing property. Kurt Manufacturing recently purchased 19,631 square feet of the BNSF right of way, located directly west of and adjacent to their existing building at 5280 Main Street. Kurt Manufacturing intends to use this property for parking only, as this parcel is not buildable due to the fact that the main sewer and water lines are running along the eastem edge of the acquired property. As this property does not have direct street frontage, it will need to be combined with Kurt Manufacturing's existing property on the final plat. The final plat must show the current Kurt property with this recent acquisition combined. RECOMMENDATIONS City Staff recommends approval of this preliminary plat request, with stipulations. This formerly underutilized railroad property will be used as a parking area, enabling Kurt Manufacturing to meet their parking needs on-site. The drainage and utility easement will provide access to the sewer and water lines that run through this property. STIPULATIONS Staff recommends that the following stipulations be attached to the preliminary plat approvaL 1. Grading and drainage plan to be approved by City's engineering staff prior to the issuance of any permits for the parking lot. 2. Parking lot to be constructed to Code standards. 3. Petitioner shall provide a 25' drainage and utility easement along easterly property line of proposed Lot 1. 4. Petitioner shall combine this lot with existing property prior to final plat. 5. Petitioner to pay applicable park dedication fees prior to issuance of any permits. � 1. PUBLIC HEARING: CONSIDERATION OF PRELIMINARY PLATs_P.S. #99-06, BY KURT MANUFACTURING COMPANY: To replat for the purpose of purchasing a portion of the railroad right-of-way, generally located south of I-694 and Industrial Boulevard, andAshton Avenue. MOTION by Mr. Kondrick, seconded by Mr. Saba, to waive the reading of the public hearing notice and to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 8:00 P.M. Mr. Bolin stated Kurt Manufacturing is seeking a plat to add property they have acquired from the Burlington Northern-Santa Fe railroad to their existing property. The property is zoned M-2, Heavy Industrial, and is surrounded by other industrial uses. Across the street to the east is R-1, Single Family, zoning. Mr. Bolin stated the property was platted in 1941. In 1959, Kurt constructed its first building. In 1960, 1963 and 1965, warehouses were added. In 1965, 1966 and 1975, additions were made to the site. Mr. Bolin stated staff is recommending approval of the request. One of the stipulations requires combining the parcel with the existing property prior to final plat approval. Staff first thought the property acquired was vacant. As it turns out, the property is not vacant. Kurt has been using the site for approximately 15 years for parking. It is paved, and there is bituminous curb around portions of the site. Even with the property they have acquired, it appears there is still property that will be leased from the railroad. Mr. Bolin stated staff recommends approval of the request with the following stipulations: 1. At the time any future parking improvements are made, code required curbing shall be installed. 2. The petitioner shall provide a 25-foot drainage and utility easement along the easterly property line of proposed Lot 1. 3. The petitioner shall combine this lot with existing property prior to final plat. 4. The petitioner shall pay applicable park dedication fees prior to issuance of any permits. Mr. Bolin reviewed an aerial photo and the preliminary plat. It appears that part of the existing parking lot lies outside the area of this acquired parcel. Ms. Modig asked if the area that lies outside the acquired property is between the railroad and the manufacturing area. Mr. Bolin stated, yes. Kurt can continue leasing property from the railroad. Mr. Kuechle asked if they meet the parking requirements. 2� PLANNING COMMISSION MEETING, OCTOBER 6, 1999 PAGE 2 Mr. Bolin stated, yes. Mr. Kuechle asked why the issue of the curbing was left open-ended. He thought a time should be indicated, such as 5 years. By just saying improvements, does that mean striping? Mr. Bolin stated improvements would mean re-paving. The Commission could put on a time limit. : Neighboring parking lots are gravel and not improved. This lot is improved. Along the south boundary, there is a curb in place. At the time of improvements, staff is asking that a 6:12 curb be placed on the site. Mr. Kondrick agreed that to leave it open-ended is not good. A time limit would be beneficial to everyone. Ms. Schuldt stated she worked for a realtor's office and was hired to work with Kurt on the petition. Kurt has leased the property from the railroad for a long time. The railroad sold the property to another company, and now that company wants to sell the property. The property did not have a proper legal description. They are now trying to get a deed of record. The property has been in use as a parking lot for a number of years. The concern about improvements is also a concern of Kurt. They came forward to obtain permission to record the deed in order to comply with City requirements. MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:10 P.M. Mr. Kuechle stated he would be in favor of recommending approval with the change in the first stiputation that the curb be in place within five years or the next time the parking lot is paved. MOTION by Mr. Kuechle, seconded by Mr. Saba, to recommend approval of Plat, P.S. #99-06, by Kurt Manufacturing Company, to replat for the purpose of purchasing a portion of the railroad right-of-way, generally located south of I-694 and Industrial Boulevard, and Ashton Avenue, with the following stipulations: 1. At the time any future parking lot improvements are made or within five years (whichever occurs first), code required curbing shall be installed. 2. The petitioner shall provide a 25-foot drainage and utility easement along easterly property line of proposed Lot 1. 3. The petitioner shall combine this lot with existing property prior to final plat. 4. The petitioner shall pay applicable park dedication fees prior to issuance of any permits. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Savage stated the City Council would consider this request on October 25. 21 CITY COUNCIL MINTUES OF THE OCTOBER 25, 1999, MEETING PRELIMINARY PLAT REQUEST, PS #99-06, BY KURT MANUFACTURING COMPANY TO REPLAT FOR THE PURPOSE OF PURCHASING A PORTION OF THE RAILROAD RIGHT-OF-WAY, GENERALLY LOCATED SOUTH OF INTERSTATE 694 AND INDUSTRIAL BOULEVARD AND ASHTON AVENUE WARD 3 : Mr. Burns, City Manager, explained that Kurt Manufacturing asked to combine 19,631 square feet (.45 acres) they acquired from the Burlington Northern Rail Road with their property at 5280 Main Street. The new property is non-buildable due to the location of water and sewer lines. Kurt's intent was to use the area for parking. The Planning Commission gave theu approval to the proposed preliminary plat request at their October 6 meeting. There were no objections raised by neighboring property owners. Staff recommended Council's approval of the request with the following stipulations : 1) Grading and drainage plan to be approved by the City's engineering staff prior to the issuance of any permits for the parking lot; 2) Parking lot to be constructed to City Code standards; 3) Petitioner shall provide a 25 foot drainage and utility easement along easterly property line of proposed Lot l; 4) Petitioner shall combine this lot with existing property prior to final plat; and 5) Petitioner to pay applicable park dedication fees prior to issuance of any permits. APPROVED PRELIMINARY PLAT REQUEST, PS #99-06. 22 / L CRY OF FRIDLEY DATE: TO: FROM: AGENDA ITEM CITY COUNCIL MEETING OF MAY 22, 2000 May 17, 2000 William W. Burns, City Manager�� Barbara J. Dacy, Community Development Director Scott J. Hickok, Planning Coordinator SUBJECT• Award Sign Contract for Entry Monument Signs INTRODUCTION The purpose of this memo is to provide an update regarding the entry monument sign project and to ask the City Council to award the sign contract to Redwood Signs by Hornibrook, Osseo, Minnesota. ISSUES As you'll recall staff updated the City Council as to the progress on the entry monument sign project in September of 1999. At that time, staff made a commitment to the City Council to not award a sign contract for fabrication of the signs until the 6 sign locations had been finalized. We are pleased to announce that all 6 locations have now been secured and staff is prepared to take the project to through next steps by awarding the sign fabrication contract, coordinating with electrical contractors, masonry contractors, and the sign installation contractors. Sign Locations East River Road • The southeast corner of the residential property at 8350 East River Road (under the existing large trees in that location). An easement agreement has been signed to allow the sign to be on the private property. The sign will be placed so visibility from Lafayette onto East River Road will not be an issue. • The southwest corner of the City's Well House #13 site (along East River Road). The City controls the installation and site matters for this location. �� • The northeast corner of the Wal-Mart site (between the service drive and University Avenue - on the knoll, beneath the trees). The landowners have agreed to allow the City to utilize this site. Easement documents have been signed as required. • MnDOT land east of University Avenue and south of the eastbound on ramp to 694 (north of the recently approved Bona Amoco). • Highway 65, on the State right-of-way property befinreen Highway 65 and the west service drive (approximately 300 feet south of Osborne Road). MnDOT has approved our application. • Highway 65, on the state right-of-way property, between Highway 65 and the east service drive, near 53ro on the knoll under the trees. MnDOT has approved our application. In October, staff sent request for proposals to sign contractors. Five contractors responded to the RFP. I have included the following table to summarize contractor responses. ENTRY MONUMENT SIGN PROPOSALS SIGN COMPANY COMP,LETE : y�� .� � PR�G� 0,�� 'C� �_ PROPOSAL AS PROP�S D �� RESPONSE Y/N . "�re,tax;fi ure`: . ��.. ,..: a.. . e _ Redwood Signs by YES $33,660 Homibrook 108 West Broadway Osseo, MN 55369 Signs of Perfection YES $32,760 13831 Lincoln St. N.E Ham Lake, MN 55304 Sign Language YES $23,121 6237 University Ave NE Fridle , MN 55432 Openwood Studios, Inc YES $40,425 6 915 Raymond Road Madison, WI 53713 Varner-Matt Signs YES $55,200 P.O. BOX 15081 MPLS, MN 55415 Ave. Response Value $37,033.20 Note these are the prices for the 6 signs, 6 contributor signs with 8 service organization badges, and mounting hardware. Brick bollards, posts, lighting and landscape will be additional cost and will be coordinated by staff. You'll recall 24 that the 8 service organizations committed to $48,000 of expense and as staff indicated to Council last fall that $20-25,000 of additional cost may be incurred with lighting, landscape, easement acquisition, etc. The contractor responses are in-line with staff expectations. Staff is now moving forward to button-down the remaining site sign location amenities. CONTRACTOR INTERVIEWS On Wednesday, May 10, Scott Lund (50�' Anniversary Committee) and I interviewed 4 of the 5 sign contractors to fully ascertain why there was such a broad range of response and to determine which of the contractors we would be most comfortable with as our contractor. The fifth company, Varner-Matt Signs of Minneapolis was disqualified early due to price. Each of the remaining contractors was asked 9 questions. Questions sought information such as: what percentage of their work is in redwood signs, how long have they been in business, can they show us examples of signs they have completed (new and old), what type of warrantee do the signs have, has the contractor worked with gold leaf lettering, and what is the expected turn-around time for sign fabrication. The process was very helpful in determining who would be our recommendation to the City Council. The process actually helped one contractor to better understand the City's expectations, which led them to withdraw their proposal. After the interview, Sign Language, Fridley, asked to be disqualified from consideration. The question regarding their experience with "gold leaf " lettering alerted them that they had missed that portion of the City's RFP when they reviewed it. This not only explained the large price difference in their response, but also caused them to state that they had not worked with gold leaf lettering. They concluded that they did not want the City's signs to be their first experience with that medium. Redwood Signs of Hornibrook, Osseo, clearly prevailed in the interview process. Nearly 100% of their work is Redwood Signage. They have been in the Sign business since the late 1960's. Their proposal was described by a company representative as, "very aggressive". The company sees Fridley's sign and the chosen locations as an excellent opportunity to showcase their talent. Items such as sandblasted service organization badges, rather that simply painted or applied badges have been proposed. As with all proposals, Redwood Signs by Hornibrook responded that their turn- around time for sign fabrication would be 6-8 weeks. If council awards the sign contract Monday evening. The signs will be ready for installation on or before July 18, 2000. 25 RECOMMENDATION Staff recommends that the City Council award the City's Entry Monument sign contract to Redwood Signs by Hornibrook in the amount of $33,660 as proposed. �� :• �� r AGENDA ITEM � CITY COUNCIL MEETING OF MAY 22, 2000 CfTY OF FRIDLEY Date: 5/22/00 f� To: William W. Burns, City Manager� �� From: Barbara Dacy, Community Development Director RE: Appoint Business Representative to Joint Task Force JOINT TASK FORCE At the February 29, 2000 joint City Council meeting between Fridley and Columbia Heights, direction was given to staff of each community to establish a joint Task Force of the cities. The purpose of the Task Force is to make recommendations as to how best to take advantage of the opportunities presented by the Medtronic Corporate Campus. The Task Force is to be made up of a Council member, a HRA/EDA member, a Planning Commission member and a business representative from each City. The purpose of the Council's action on Monday night is to appoint the Business Representative. Mr. Ken Schultz of Dasco Systems contacted staff and indicated his interest in serving as a member of the Task Force. Schultz grew up in Fridley and took over the family business that his Dad started in 1954. Dasco prints the garment tags for major clothiers, prints magnets, hearing aid cards, and bar codes on a variety of products. The company � is also a member of the Southern Anoka County Chamber of Commerce. As President of a growing industry coupled with his background in Fridley, Schultz will provide valuable insight for the Task Force. M-00-90 RECOMMENDATION Staff recommends the City Council appoint Ken Schultz to the Task Force. 27 JOINT CITY TASK FORCE Advisorv Commission to Citv Councils ofFridlev � and Columbia He_ ights PURPOSE: To work cooperatively to prepare a plan and identify strategies to create redevelopment and other opportunities in a defined study area. CHAIRPERSON Dave Behlow, I.S. D. #13 FRIDLEY COLUMBIA HEIGHTS 1. City Council Members from each City 2. HRA/EDA from each City 3. Planning Commissioners from each City 4. Business Representatives from each City 5. Independent School District #14 representative 6. Independent School District #16 representative EX-OFFICIO • City Mangers of Fridley and Columbia Heights • City Administra tor from Hillton TECHNICAL ADVISORY COMMITTEE • Com. Dev. Directors Co-Chair • City Planners • Housing Coordinators • City Engineers • Anoka County • I.S.D. #13, #14, #16 E �� CONSULTANTS • Land Use • Market • P1anSight (GIS) May 17, 2000 Barb Dacy City of Fridley 6431 University Avenue NE Fridley, NIN 55432 Dear Barb; I am. writing to express my interest in being a part of the Medtronic Task Force. I have many reasons for this interest. As a long standing resident of Fridley, I feel that it is very important to be on committees or help with events that have an impact on the citizens and businesses of Fridley. As a resident I look to have the best possible community to raise my family. As a business owner of Dasco Systems in Fridley I understand what is required for businesses to remain competitive in the market through employee recnutment and retention, site and facility selection and the many other areas that create strong business involvement in the community. I was born and raised in Fridley and after a short term out of the community I moved my family back here to live in 1990 because we felt "at home". Since then, we have made a concerted effort to be involved with many different areas of Fridley so that our children could have the same sense of community as we had growing up. I have been involved with organizations and served on several committees with the Fridley 49er's, Chamber of Commerce, and the Fridley Jaycees. I am also a d'uector on the Fridley/Heights Soccer Club, have been coaching youth basketball and soccer in the community for over 5 years. My family's greatest conhiburion has been as a volunteer shelter family for the Anoka County Crisis Nursery as it allows us to shaze our home with others in need. I feel that direct involvement is a major way I have to make a positive impact on the community. Since 1987 my wife and I have owned Dasco which has been in business since 1954, starting out in Minneapolis and in 1995 moving to Fridley to be closer to our home and because we felt that Fridley would offer more benefits than our previous location. Since moving to Fridley we have expanded our workforce from 8 employees to over 30, and our sales have more than doubled. The main core of our business is flexographic printing, supplying labels, tags and magnets to major corporations in the Medical, Electronic, Industrial and Commercial mazkets. We also do systems integrarion for barcode printers, scanners and data collecrion systems with complete service and support being handled out of our locarion. I feel that it is very important for citizens and people of the business community to become actively involved by serving on committees that have a direct impact on the success and qualiries of the surrounding communiries where they live and work People have to take responsibility for their community and be involved in organizations that can make their community successful, which is why I am requesting to be a part of this task force. Sincerely, Kenneth P. Schultz President 29 � � GTY OF FRIDLEY TO: FROM: SUBJECT: AGENDA ITEM COUNCIL MEETING OF MAY 22, 2000 WII�LIAM W. BURNS, CITY MANAGER �� li RICHARD D. PRIBYL, FINANCE DIRECTOR ALAN D. FOLIE, ASSISTANT FINANCE DIRECTOR MODIFICATIONS TO THE 1999 BUDGET DATE: May 10, 2000 Attached you will fmd a resolution amending appropriarions to the 1999 budget in accordance with the City Charter. The adjustments listed have arisen as a result of donations, unforeseen expenditures and revenues, and reclassification of account codings. We request that the City Council approve the attached resolution. RDP/adf Attachment 30 RESOLUTION NO. — 2000 A RESOLUTION AUTHORIZING CHANGES IN APPROPRIATIONS FOR THE GENERAL FUND, SPECIAL REVENUE FUNDS AND CAPITAL IMPROVEMENT FUND FOR THE FOURTH QUARTER OF 1999. WHEREAS, the City of Fridley has involved itself in initiarives that provide for future charges and modifications that will allow for a better delivery of services, and WHEREAS, the City of Fridley had not incorporated these and other necessary changes into the adopted budget for 1999. NOW, THEREFORE, BE IT RESOLVED that the General Fund, Special Revenue Funds and Capital Improvement Fund budgets for the following divisions be amended as follows: GENERAL FUND APPROPRIATION ADJUSTMENTS MAYOR/COUNCIL OTHER COMMISSIONS CITY MANAGER PERSONNEL LEGAL ELECTIONS CITY CLERK POLICE CIVIL DEFENSE FIRE MUN. CENTER P.WORKS/ENGINEERING P.WORKS/PARKS PERSONAL SERVICES SUPPLIES/CHARGES SUPPLIES/CHARGES PERSONAL SERVICES SUPPLIES/CHARGES PERSONAL SERVICES SUPPLIES/CHARGES SUPP�IESlCHARGES PERSONAL SERVICES SUPPLIES/CHARGES PERSONAL SERVICES SUPPLIES/CHARGES PERSONAL SERVICES SUPPLIES/CHARGES SUPPLIES/CHARGES SUPPLIES/CHARGES CAPITAL OUTLAY PERSONAL SERVICES SUPPLIES/CHARGES CAPITAL OUTLAY PERSONAL SERVICES SUPPLIES/CHARGES PERSONAL SERVICES SUPPLIES/CHARGES CAPITAL OUTLAY 3� 5,842 ELIMINATE NEGATIVE VARIANCE (2,131) ELIMINATE NEGATIVE VARIANCE 19,268 ELIMINATE NEGATIVE VARIANCE 13,308 ELIMINATE NEGATIVE VARIANCE (171) ELIMINATE NEGATIVE VARIANCE (1,062) ELIMINATE NEGATIVE VARIANCE 1,062 ELIMINATE NEGATIVE VARIANCE (26,317) ELIMINATE NEGATIVE VARIANCE 10,389 ELIMINATE NEGATIVE VARIANCE 947 ELIMINATE NEGATIVE VARIANCE (289) ELIMINATE NEGATIVE VARIANCE 289 ELIMINATE NEGATIVE VARIANCE (126,888) ELIMINATE NEGATIVE VARIANCE 16,641 ELIMINATE NEGATIVE VARIANCE 1,801 ELIMINATE NEGATIVE VARIANCE (3,871) ELIMINATE NEGATIVE VARIANCE 3,871 ELIMINATE NEGATIVE VARIANCE (6,886) ELIMINATE NEGATIVE VARIANCE 33,180 ELIMINATE NEGATIVE VARIANCE (3,190j ELIMINATE NEGATIVE VARIANCE 4,074 ELIMINATE NEGATIVE VARIANCE (4,074) ELIMINATE NEGATIVE VARIANCE 25,023 ELIMINATE NEGATIVE VARIANCE 65,017 ELIMINATE NEGATIVE VARIANCE (2,346) ELIMINATE NEGATIVE VARIANCE P.WORKS/STREETS NATURE CTR INSPECTION PERSONAL SERVICES SUPPLIES/CHARGES CAPITAL OUTLAY PERSONAL SERVICES SUPPLIES/CHARGES CAPITAL OUTLAY PERSONAL SERVICES SUPPLIES/CHARGES PLANNING PERSONAL SERVICES SUPPLIES/CHARGES EMERGENCY RESERVE TOTAL APPROPRIATION ADJUSTMENTS SPECIAL REVENUE FU- rRANT MANAGEMENT FUND (22,329) ELIMINATE NEGATIVE VARIANCE 55,841 ELIMINATE NEGATIVE VARIANCE (33,512) ELIMINATE NEGATIVE VARIANCE 7,153 ELIMINATE NEGATIVE VARIANCE 2,741 ELIMINATE NEGATIVE VARIANCE 175 ELIMINATE NEGATIVE VARIANCE 3,810 ELIMINATE NEGATIVE VARIANCE 967 ELIMINATE NEGATIVE VARIANCE 772 ELIMINATE NEGATIVE VARIANCE 31,179 ELIMINATE NEGATIVE VARIANCE (70,284) ELIMINATE NEGATIVE VARIANCE _� .�� REVENUE ADJUSTMENTS INTERGOVERNMENTAL 57,�,� UNBUDGETED ACTIVITY APPROPRIATION ADJUSTMENTS PERSONAL SERVICES 191,433 UNBUDGETED ACTIVITY SUPPLIES/CHARGES 793,448 UNBUDGETED ACTIVITY CAPITAL OUTLAY 90,081 UNBUDGETED ACTIVITY TOTAL APPROPRIATION ADJUSTMENTS 57,�4�� HRA REIMBURSEMENT FUND REVENUE ADJUSTMENTS INTERGOVERNMENTAL �,�� UNBUDGETED ACTIVITY APPROPRIATION ADJUSTMENTS SUPPLIES/CHARGES � 0 UNBUDGETED ACTIVITY SOLID WASTE ABATEMENT FUND APPROPRIATION ADJUSTMENTS PERSONAL SERVICES 1,390 ELIMINATE NEGATIVE VARIANCE SUPPLIES/CHARGES (2,074) ELIMINATE NEGATIVE VARIANCE CAPITAL OUTLAY 684 ELIMiNATE NEGATIVE VARIANCE TOTAL APPROPRIATION ADJUSTMENTS DRUG/GAMBLING FORFEIT_� FUND REVENUE ADJUSTMENTS FINES AND FORFEITS APPROPRIATION ADJUSTMENTS SUPPLIES/CHARGES CAPITAL OUTLAY TOTAL APPROPRIATION ADJUSTMENTS ��EMICAL ASSESS. T�AM FUND ; ► ' � �� ► APPROPRIATION ADJUSTMENTS 50 �� 523,399 UNBUDGETED ACTIVITY �� 8,033 UNBUDGETED ACTIVITY T,761 UNBUDGETED ACTIVITY 515,794 �� INTERGOVERNMENTAL �,� UNBUDGETED ACTIVITY PERSONAL SERVICES 12,401 UNBUDGETED ACTIVITY SUPPLIES/CHARGES 33,366 UNBUDGETED ACTIVITY CAPITAL OUTLAY 3,084 UNBUDGETED ACTIVITY 32 TOTAL APPROPRIATION ADJUSTMENTS F.C.C. DONATIONS FUND REVENUE ADJUSTMENTS TOTAL REVENUE ADJUSTMENTS INTEREST DONATIONS APPROPRIATION ADJUSTMENTS SUPPLIES/CHARGES CAPITAL OUTLAY TOTAL APPROPRIATION ADJUSTMENTS CAPITAL PROJECT FUNDS CAPITAL IMPROVEMENT FUND REVENUE ADJUSTMENTS TOTAL REVENUE ADJUSTMENTS APPROPRIATION ADJUSTMENTS INTERGOVERNMENTAL OTHER FINANCING SOURCES s48,851 3,433 UNBUDGETED ACTIVITY 5,000 UNBUDGETED ACTIVITY 58,433 UNBUDGETED ACTIVITY 14,367 UNBUDGETED ACTIVITY 516,597 � 235,464 STATE GRANTS AND AIDS 10,423 TRANSFER FROM FUND 553 ;245,887 �� STREETS CAPITAL OUTLAY (2,691,617) TRANSFERS TO FUNDS 552,555,556,557 and 558 OTHER FINANCING 2,937,504 TRANSFERS TO FUNDS 552,555,556,557 and 558 USES TOTAL APPROPRIATION ADJUSTMENTS E245,887 � PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS TH DAY OF , 2000. ATTEST: DEBRA A. SKOGEN - CITY CLERK 33 NANCY J. JORGENSON - MAYOR / � CIi7 OF FRIDLEY To: From: Date: AGENDA ITEM CITY COUNCIL MEETING OF IVIAY 22, 2000 William W. Burns, City Manager �� Richard D. Pri6y1, Finance Director Deb Skogen, City Clerk May 15, 2000 Re: Spring Lake Park District 16 Youth Hockey Premise Permit Application — KJ's Restaurant and Bar, 8298 University Avenue NE. Section 30 of the Fridley City Code allows Lawful Gambling by a licensed organization. The Spring Lake Park District 16 Youth Hockey organization has applied for a charitable gambling license at KJ's Restaurant and Bar, 8298 University Avenue NE. The premise permit application requires a resolution from the City Council approving the renewal. If approved, the premise permit would become effective July 1, 2000 and expire September 30, 2001. Please find a resolution for the premise permit application attached. Staff recommends approval of the premise permit application by adoption of the attached resolution. 34 RESOLUTION NO. - 2000 RESOLUTION IN SUPPORT OF AN APPLICATION FOR A NIINNESOTA LAWFUL GAMBLING PRENIISE PERNIIT FOR SPRING LAKE PARK DISTRICT 16 YOUTH HOCKEY K.J.'S RESTAURANT AND BAR, 8298 LT1vIVERSITY AVENUE NE WHEREAS, the City of Fridley has been served with a copy of an Application for a Minnesota Lawful Gambling Premise Pernut for the Spring Lake Park District 16 Youth Hockey; and WHEREAS, the location of the Premise Permit is for the K.J.'s Restaurant and Baz, 8298 University Avenue NE, and WHEREAS, the currently hold a state charitable gambling license which is scheduled to expire on September 30, 2001; and WI�REAS, the City of Fridley has found no reason to restrict the location for the charitable gambling operation. NOW, TI�REFORE, BE IT RESOLVED, that the City Council of the City of Fridley approves the Minnesota Lawful Gambling Premise Permit Application for the Spring Lake Park District 16 Youth Hockey at K.J.'s Restaurant and Bar, 8298 University Avenue NE for a period of July 1, 2000 to September 30, 2001. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 22na DAY OF MAY 2000. ATTEST: DEBRA A. SKOGEN - CITY CLERK 35 NANCY J. JORGENSON - MAYOR City of Fridley TO: William W. Burns, City Manager� � FROM: John G. Flor� Public Works Director DATE: May 22, 2000 SUBJECT: Assessment Policy PW00-065 At the last assessment hearing for the Riverview Heights Street Improvement Project, the Council varied from the past policy on irregular shaped lots. In order to be consistent and have a written policy on irregular shaped lots; i.e., corner, flag and pie shaped lots, I have revised the existing policy to reflect action taken by the Council at the last assessment hearing. Recommend the City Council adopt the attached policy position so that we can be consistent in our future assessments. JGF:cz Attachment 36 QTY OF FRIDLEY ASSESSMENT POLICY FOR REPLACEMENT OF BITUMIlVOUS BERM CURBING WITH CONCRETE CURB AND GUTTER The cost for the installation of concrete curb and gutter, shall be spread against those properties addressed on the street that is being improved on a front foot basis. Front footage will be based on the platted width of the lot at the properry line with the following exceptions: Corner Lots — The front footage on comer lots will be determined by projecting the side lot to its intersection with the front lot line. �— X � Irregular Shaped Lots — In cases of °Ilag" or "Tee" shaped lots where the �ont footage, as previously de.fined, is less than the average of the front footages for the rest of the street, the front footage will be an equal percentage of the total footage of the number of lots fronting the street of the irregular shaped lot or 75 feet, whichever is greatex. i , , � , ._�_X �_ , � �� Pie Shaped Lots — In cases of `�ie shaped" lots where the Iront footage, as previously defined, is less than the average of the front footages for the rest of the street, the front footage will be the width of the lot at the front yard setback line or 75 feet, whichever is greater. X -. —� SST�3AcK �— ADOPTED BY THE CITY COUNCIL ON THE 22"D DAY OF MAY, 2000 SUPERSEDES PRIOR POLICIES IN EFFECT. 37 � ` ClTY OF FRIDLEY TO: FROM: DATE: SUBJECT: MEMORANDUM The Honorable Mayor and City Council William W. Burns, City Manager �,��'(r May 17, 2000 Dissolution of the MPRS William W. Burns City Manager The Minneapolis Police Recruitment System (MPRS) was created to assist in the recruitment and selection of police officers for its member cities (including the City of Fridley). Since the MPRS no longer serves the purpose for which it was formed, the MPRS Executive Committee has recommended that it be dissolved. Attached is a resolution approving the dissolution of the MPRS. Once resolutions have been received from two-thirds of the MPRS members, the MPRS officially will be dissolved. Staff recommends approval of the attached resolution. Attachment : RESOLUTION NO. - 2000 RESOLUTION REQUESTING DISSOLUTION OF THE MINNESOTA POLICE RECRUITMENT SYSTEM WHEREAS, the City is a member of a joint powers organization known as the Minnesota Police Recruitment System (MPRS) created by a joint powers agreement (the " Agreement" ) pursuant to Minnesota Statutes, Section 471.59; and WHEREAS, the MPRS no longer serves the purpose for which it was formed, and the MPRS Executive Committee has recommended to MPRS members that the organization be dissolved; and WHEREAS, Section XIV of the Agreement provides that the MPRS shall be dissolved when its Secretary-Treasurer has received certified copies of resolutions adopted by the governing bodies of two-thirds of its members requesting such dissolution; and WHEREAS, the City Council has determined that dissolution of the MPRS is in the best interests of the City; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley, that the City hereby requests dissolution of the Minnesota Police Recruitment System (MPRS) in accordance with the Agreement and that the City Clerk is hereby authorized and directed to transmit forthwith a certified copy of this resolution to the MPRS Secretary- Treasurer in care of Daniel Donahue, City Manager, City of New Hope, Minnesota. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 22na DAY OF MAY, 2000. ATTEST: DEBRA A. SKOGEN - CITY CLERK 39 NANCY J. JORGENSON - MAYOR � � CRY OF FRIDLEY AGENDA ITEM COUNCIL MEETING OF MAY 22, 2000 CLA1 MS 93287 - 93�06 ., � f CRY OF FRIDLEY Type of License AGENDA ITEM CITY COUNCIL MEETING OF MAY 22, 2000 BOWLING ALLEY AMF Maple Lanes 6310 Highway 65 NE Fridley, MN 55432 CIGARETTE SALES Ashland Station/Totem Foods 5300 Central Avenue NE Fridley, MN 55432 Avanti Petroleum/Mobil #5678 6101 University Avenue NE Fridley, MN 55432 FOOD AMF Maple Lanes 6310 Highway 65 NE Fridley, MN �5432 Ashland Station/Totem Foods 5300 Central Avenue NE Fridley, MN 55432 Avanti Petroleum/Mobil #5678 6101 University Avenue NE Fridley, MN 55432 Fireside Rice Bowl 1160 Fireside Drive ne Fridley, MN 55432 LAWFUL GAMBLING Sandee's 6490 Central Avenue NE Fridley, MN 55432 Sharx Sports Bar 3720 East River Road Fridley, MN 55432 LICENSES : Michael P. Bardaro Dar Sikander Akhtar Nancy Faulkner Michael P. Bardaro Approved By Police Department Fire Department Community Development Police Department Fire Department Community Development Police Department Fire Department Community Development Police Department Fire Department Community Development Dar Sikander Akhtar Police Department Fire Department Nancy Faulkner Police Department Fire Department Community Development Oliver Tam Police Department Fire Department Community Development Cynthia Braam Richard DeFoe � Police Department Fire Department Community Development Police Department Fire Department Community Development Fees $350.00 $125.00 $125.00 $ 45.00 $ 45.00 $ 45.00 $ 45.00 $300.00 $300.00 Type of License � LAWFUL GAMBLING (CONT.) Shorewood Restaurant James Nicklow 6161 Highway 65 NE Fridley, MN 55432 Approved By: Police Department Fire Department Community Development ON-SALE BEER Ozzie's Food Store Robert A. Wineman Police Department 620 Osborne Road Fire Department Fridley, MN 55432 Community Development RETAIL GASOLINE SALES Ashland Station/Totem Foods Dar Sikander Akhtar Police Department 5300 Central Avenue NE Fire Department Fridley, MN 55432 Avanti Petroleum/Mobil #5678 6101 University Avenue NE Fridley, MN 55432 Nancy Faulkner TEMPORARY ON-SALE BEER Lions Club of Fridley Hal Hinchcliffe 7418 West Circle Drive NE Fridley, MN 55432 Police Department Fire Department Community Development Police Department TREE REMOVAL AND TREATMENT Jim's Tree Service James Nelson Public Works Department 4356 Monroe Street Columbia Heights, MN 55421 GAS SERVICES Anderson Heating & Air Cond 4347 Central Avenue NE RON JLJLKOWSKI Columbia Heights MN 55421 Geo. Whittenberger Building Official Centraire Heating & AC Inc 7402 Washington Ave Eden Prairie MN 55344 Hokanson Plumbing & Heating 9174 Isanti St Blaine Mn 55449 Leroy Scurer Same Bruce Horbal Same GENERAL CONTRACTOR-COMMERCIAL Central Roofing Co 4550 Main St NE RON NLKOWSKI Fridley Mn 55421 Anthony Spigarelli Building Official 42 Fees: $300.00 $ 60.00 $ 60.00 $ 60.00 Request Waiver $ 40.00 Type of License � Approved By: GENERAL CONTRACTOR-COMMERCIAL (CONT.) Dalco Roofing & Sheet Metal Inc 15525 32 Ave N RON NLKOWSKI Plymouth MN 55447 Richard Trumble Building Official Fridley Covenant Church 6390 University Ave NE Fridley MN 55432 Fridley United Methodist Church 680 Mississippi St NE Fridley MN 55432-4422 Global Specialty Contractors Inc 3220 Terminal Dr Eagan MN 55121 P & J Remodeling 237 SW 5 Ave Cambridge MN 55008 William Powell Same Gerald Robb Same Todd Johnson Same Jason Sandquist Powers Restoration Services Inc 680 63 Ave NE Fridley MN 55432 Robert Powers GENERAL CONTRACTOR-RESIDENTIAL ICR Inc (20140886) 12207 Nicollet Ave S Burnsville MN 55337 Jim Heimkes LaFrance Exteriors (20081887) 2022 N Ferry St #3101 Anoka MN 55303 Jeff LaFrance Lakeland Door & Remodeling (20134082) 9900 Foley Blvd Coon Rapids MN 55433 Dale Ogdahl Maverick Construction (5572) 11227 River Rd NE Hanover MN 55341 Greg Snow New Haven Construction (20077950) 4208 83 Ave N Brooklyn Park MN 55443 Dan Cardinal Rekstad E C Construction (20007440) 1988 Florence St White Bear Lake MN 55110 Eric Reksta.d 43 Same Same STATE OF MINN ��a Same Same Same Same Fees: Type of License B� GENERAL CONTRACTOR-RESIDENTIAL Renewal By Andersen (20130983) 350 73 Ave NE STE 8 Fridley NIN 55432 Rockton Gjermo SMA Inc (20042927) 10650 Co Rd 81 Maple Grove MN 55369 Steve Arrell Schlauderaff Paul Construction (20103318) 29717 Island Lake Rd Approved By: STATE OF MINN. Same St Joseph MN 56344 Paul Schlauderaff Same Snedeker Steven Construction (20197339) 11657 Palmer Rd Bloomington MN 55437 Steve Snedeker Same Stenco Construction (6163) 2955 Co Rd H New Brighton MN 55112 Jerome Stenhoff Same Tacheny Roofing & Siding Inc (7596) 49 S Owasso Blvd Little Canada MN 55117 Dan Tacheny Whitney Brothers (20169726) 159 Oakwood Dr New Brighton MN 55112 HEATING Anderson Heating & Air Cond 4347 Central Ave NE Columbia Heights Mn 55421 Centraire Heating & AC Inc 7402 Washington Ave Eden Prairie MN 55344 Hokanson Plumbing & Heating 9174 Isanti St Blaine MN 55449 OIL SERVICES Independent Distributing PO Box 520 Austin MN 55912-0520 Bruce Whitney Same Same RON NLKOWSKI Geo Whittenberger Building Official Leroy Seurer Same Bruce Horbal Same Ronald Leger . . RON NLKOWSKI Building Official Fees: Type of License PLUMBING Gilpin Plumbing Inc 1532 164 Ln Ham Lake MN 55304 Hokanson Plumbing & Heating 9174 Isanti St Blaine MN 55449 Plumbing Services Inc 1628 Hwy 10 NE Minneapolis MN 55432 Value Mechanical Inc 1190 Hidden Hills Dr Delano MN 55328 ROOFING Kato Construction Inc 6707 West Hwy 13 Savage MN 55378 � Gary Gilpin Bruce Horbal Mike Nally Larry Swanson Ron Hill 45 Approved By: STATE OF MINN Same Same Same RON JULKOWSKI Building Official Fees: - � � CIIY OF FRIDLEY ESTIMATES CITY COUNCIL MEETING OF MAY 22, 2000 Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, MN 55432-4381 Services Rendered as City Prosecuting Attorney for the Month of February, 2000 ..... Ron Kassa Construction 6005 — 250�' Street East Elko, MN 55020 .............................. $ 17,911.60 Miscellaneous Concrete Curb and Gutter and Sidewalk Repair Project No. 330 EstimateNo. 2 ............................................................................... . � $ 6,930.63 / � CIT'Y OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF MAY 22, 2000 To: William W. Burns ;� �� From: Richard Pribyl, Finance Director Debra Skogen, City Clerk Date: May 18, 2000 Re: Public Hearing on Proposed Amendment to Section 2.06 of the City Charter The Charter Commission has reviewed Chapter 2 of the City Charter. During this review, a proposed ordinance was drafted and sent to the Charter Commission attorney regarding vacancies in the Council. The Charter Commission felt language should be changed in the Charter that was not contrary to state law. After review by the Charter Commission Attorney, the ordinance was redrafted and approved on Apri124, 2000, as shown in Attachment 1. An amendment to the City Charter proposed by ordinance by the Charter Commission requires a public hearing, a first reading and a second reading. The ordinance proposing a Charter amendment requires a two-week published notice. The Notice of Public Hearing was published in the Fridley Focus on May 11 and 18th and posted at City �Iall, as shown in Attachment 2. After the public hearing is held, the ordinance must be approved unanimously by the City Council and would become effective 90 days after adoption. Staff recommends holding the public hearing on the proposed amendment to the City Charter. � � S d I. 1! ' !... . ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 2 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: Section 2.06 VACANCIES IN THE COUNCII, 1. A vacancy in the council shall be deemed to exist in case of the failure of any elected person elected thereto to qualify on or before the date of the second regulaz meeting of the new council, or by reason of the death, resignation, removal from office, ', , 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 bvi ceasinQ to be a resident of the citv or the wazd from which elected , . In each such case, within thirty (30) days the council shall by resolution declare a vacancy to exist. PASSED AND ADOPTED BY TI� CITY COUNCII, OF THE CITY OF FRIDLEY THIS DAY OF , 2000. ATTEST: Debra A. Skogen, City Clerk Public Hearing: May 22, 2000 First Reading: Second Reading: Publication: . � Nancy J. Jorgenson, Mayor � City of Fridley Public Hearing Notice Before the City Councif Notice i� hereby given that the Council of the City of Fridley will hold a public hearing at the City Municipal Center, 6431 Univ«sity Avenue NE on Monday, May 22, 2000 at 7:30 p.m. on pmposed ordinance amendments to Chapter 2 to the city charta. Hearing impaired persons planning to attend who need an interpreter or other petsons with disabilities who requiro auxiliary aids should contact Roberta Collins at (�63) 572- 3500 no later than May 5, 2000. Anyone having an interest in this matter should make their interest lrnown at this public � hearing. Debra A. Skogen City Clerk Published May 11 and 18, 2000 . • � � : AGENDA ITEM CITY COUNCIL MEETING OF MAY 22, 2000 ClTY OF FRIDLEY To: William W. Burns �T, �" � From: Richard Pribyl, Finance Director Debra Skogen, City Clerk Date: May 18, 2000 Re: Public Hearing on Proposed Amendment to Chapter 5 of the City Charter The Charter Commission has reviewed Chapter 5 of the City Charter. During this review, a proposed ordinance was drafted and sent to the Charter Commission attorney regarding Initiative, Referendum and Recall. The Charter Commission felt language should be changed for consistency and to make it a little easier to understand. The proposed ordinance was sent to the Charter Commission Attorney for review and the ordinance was redrafted and approved on Apri124, 2000, as shown in Attachment 1. An amendment to the City Charter proposed by ordinance by the Charter Commission requires a public hearing, a first reading and a second reading. The ordinance proposing a Charter amendment requires a two-week published notice. The Notice of Public Hearing was published in the Fridley Focus on May 11 and 18th and posted at City Hall, as shown in Attachment 2. After the public hearing is held, the ordinance must be approved unanimously by the City Council and would become effective 90 days after adoption. Staff recommends holding the public hearing on the proposed amendment to the City Charter. 50 Attachment 1 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 5 OF 'TI� FRIDLEY CITY CHARTER The City Council of the City of Fridley does hereby ordain as follows: That the following secrions of the Fridley City Charter be amended as follows: CHAPTER 5. IriITIATIVE, REFERENDiJM AND RECALL Section 5.01. POWERS RESERVED BY TI� PEOPLE. The people of the City of Fridley reserve to themselves the power, in accordance with the provisions of this Charter, to iniriate and adopt any ordinance, except an ordinance appropriating money or authorizing the levy of taxes; to require st�sk-a� � ordinance when passed by the Council to be referred to the electorate for approval or disapproval; and to recall elected public officials. These powers shall be called the initiative, the referendum, and the recall, respectively. (Ref. Ord. 857) Section 5.02. EXPENDITLTRES BY PETITIONERS. No member of any initiative, referendum, or recall committee, no circulator of a signature paper, and no signer of any such paper, or any other person, shall accept or offer any reward, pecuniary or otherwise, for service rendered in connection with the circulation thereof, but this shall not prevent the committee from paying for legal advice and from incurring an expense not to exceed $200 for stationery, copying, printing, and notaries' fees. A sworn statement substantiating such expenses shall be turned over to the City Clerk within five (5) days following the filing of a sufficient petition. Any violation of the provisions of this Section is a misdemeanor. Any violation of this Section shall be reported by the City Clerk to the proper authorities for prosecution under State Statutes applying thereto. (Ref. Ord. 625) Section 5.03. FURTHER REGLILATIONS. 1. A lawful petition under this Charter may be submitted �e�, signed and circulated upon an ordinance to be initiated, or uvon an ordinance to be made the subject of a referendum axx� or on a proceeding for recall upon the grounds authorized by law and required by the Constitution of the State of Minnesota,;-�Reasons stated in the proposed petition ser�€sate; are to be stated and noted in the petition itself. A perition for any other purpose may be made in accordance with procedures established by this Charter or under provisions of law as may be elsewhere provided. (Ref. Ord. 625) 2. A petition under this Charter shall be filed in the office of the City Clerk as one (1) instrument, which instrument shall contain any � required documents (avprovriate to the petition), a copy of any ordinance proposed, covered or affected, �ee� and all the signature papers and afFidavits attached in support of the same. 51 Ordinance No. Page 3 3. A petition may be signed by any registered voter. A petition can be circulated and verified only by a registered voter who has signed the same. All the signatures on any petition need not be on one (1) signature paper. The circulator of e�e�3+ each sroun of si�nature papers shall be verified as the circulator of the same by attached affidavit which states that each signature was signed in the circulator's presence and is of the person that the same purports to be and that each signer was affirmed as a registered voter at the residence stated thereon. Any paper lacking such affidavit or verified by an affidavit false and untrue is insuf�cient and void of effect. (Ref. Ord. 625, Ord. 857) 3. The Citv Clerk shall be resnonsible for determinin� the validitv of signatures. If it is obvious the signature on the neNtion is the sienature of the uerson on the Voter Registration Card with which the signature is comoared, the signature shall be counted as a valid si�nature, not withstanding the fact that the uerson mav have signed the petition in a different manner when thev si�ned the Voter Registration Card. Before discarding a signature. a reasonable effort shall be made to contact the uerson(s) in auestion to determine if, in fac�t. thev did sign the aetition. (Ref. Ord. 62� 4. The insufficiency or uregularity of a petition shall not prejudice the filing of any new petition for the same purpose, nor shall it prevent the Council from referring any ordinance proposed to the electorate at the next regular or special election, or otherwise acting favorably upon the same. (Ref. Ord. 625) 5. The Council may provide by ordinance such further regulations for the initiative, referendum, and recall not inconsistent with this Charter as it deems necessary. (Ref. Ord. 625) 6. The City Clerk, upon receipt of documented information that any signature on any petition paper has been falsely attested to, shall promptly forwazd such information to the proper authority for prosecution under State Statutes applying thereto. (Ref. Ord. 625) 11►1��/:r�►i/� Section 5.04. IriITIATION OF NIEASURES. Any five (5) registered voters may form �ex�sek=ee�e a committee for the initiation of any ordinance e�e}� as provided in Section 5.03.01. Before circulating any petition t�ey the committee shall file a�e� copy of t� the proposed ordinance with the City Clerk �ege�ke� alone with t� the names and addresses as of inembers of s�s� said committee. �key The committee shall a�se attach a verified copy of the proposed ordinance to each of the signature papers herein described, �eget�eF alon� with their names and addresses as sponsors thereof. A verified conv of the proposed ordinance shall be a conv to which the Citv Clerk affixes the words: "Proposed Ordinance on File. Fridlev Citv Clerk: Date: ." (Ref. Ord. 857) Section 5.05. FORM OF PETTTION AND OF SIGNATURE PAPERS. 52 Ordinance No. Page 4 The comnleted petition for the adoption of any ordinance not vet in effect shall consist of the ordinance, together with all the signature papers and affidavits thereto attached. Such petirion shall not be complete unless signed by at least ten percent (10%) of the total number of registered voters as of January 1 st of that yeaz. Each signahue paper shall be in substantially the following form: INITIATIVE PETITION Proposing an ordinance to .........(stating the purpose of the ordinance), a copy of which ordinance is hereto attached. This ordinance is sponsored by the following committee of registered voters: The undersigned registered voters, understanding the terms and the nature of the ordinance hereto attached, petition the Council for its adoption, or, in lieu thereof, for its submission to the electorate for their approval. At the end of fi�e--k� each�ro p of signatures paUers shall be appended the affidavit of the circulator mentioned a�ie�e in Section 5.03.03. (Ref. Ord. 625, Ord. 857) Section 5.06. FILING OF PETITIONS AND ACTION THEREON. Withixi five (5) days after the filing of the comnleted petition, the City Clerk shall ascertain by examination the number of signatures appended thereto and whether this number is at least ten percent (10%) of the total number of registered voters, as of January 1 st of that year. If the City Clerk finds the petition insufficient or irregular, the City Clerk shall at once notify one (1) or more of the committee of sponsors of that fact, �g statinQ the reasons for the insufficiency or irregularity. The committee shall then be given thirty (30) days in which to file additional signature papers and to correct the petition in all other particulars. If at the end of that period the petition is found to be still insufficient or irregulaz, the petirion shall be filed in the City Clerk's office and no further action shall be taken. The City Clerk shall notify each member of the committee of that fact. (Ref. Ord. 625, Ord. 857) 53 Ordinance No. Section 5.07. ACTION OF TT� COUNCIL ON PETITIONS. Page 5 When the completed petition is found to be sufficient, the City Clerk shall se-certify transmit the initiative netition to the Council at its next meeting, stating the number of petirioners and the percentage of the total number of registered voters which they constitute, and the Council shall at once read the ordinance and refer it to an appropriate committee, which may be a committee of the whole. The committee or Council shall thereupon provide for public hearings upon the ordinance, after the holding of which the ordinance sha11 be finally acted upon by the Council not later than sixty�five (65) days after the date upon which it was submitted to the Council by the City Clerk. If the Council fails to pass the proposed ordinance, or passes it in a form different from that set forth in the petition and unsarisfactory to the petitioner, the proposed ordinance shall be submitted by the Council to the electorate at the next regular municipal election; but if the number of signers of the petirion is equal to at least fifteen percent (15%) of the total number of registered voters, the Council shall call a special election upon the measure. Such special election shall be held not less than �r (38� fortv-nine (491 nor more than six 60 days from the date of final action on the ordinance by the Council or after the expiration of sixty-five (65) days from the date of submission to the Council when there has been no fmal action; but if a regular election is to occur within three (3) months, the Council may submit the ordinance at that election. If the Council passes the proposed ordinance with amendments and at least four-fifths (4/S) of the committee of petitioners do not express their dissatisfaction with such amended form by a statement filed with the City Clerk within ten (10) days of the passage thereof by the Council, the ordinance need not be submitted to the electorate. (Ref. Ord. 857) Section 5.08. IlVITIATIVE BALLOTS. The ballots used when voting upon such proposed ordinance shall state the substance of the ordinance and shall give the electorate the opportunity to vote either "Yes" or "No" on the question of adoption. If a majority of those voting on any such ordinance vote in favor of it, it shall thereupon become an ordinance of the City. Any number of proposed ordinances may be voted upon at the same election but the voter shall be allowed to vote for or against each separately. In the case of inconsistency between two (2) or more initiative ordinances approved by the voters, the ordinances shall not go into effect unril the City Council has had sixty (60) days to resolve the inconsistencies. (Ref. Ord. 625, Ord. 857) Section 5.09. INiTIATION OF CHARTER AMENDMENTS. The ways to initiate amendments to this Charter are set forth in Minnesota Statutes. (Ref. Ord. 857, Ord. 914.) Section 5.10. THE REFERENDUM. If prior to the date when an ordinance takes effect a petition signed by at least fifteen per cent (15%) of the total number ofregistered voters as of January 1 st of that year request that any such ordinance be repealed or be submitted to a vote of the electors, the ordinance shall thereby be prevented from going into operatio «:.... a '�t�e � •� i. xx:°v°vcar�caxc c�iaxri rcrp'vvi irvrcij-a'Te &1��--IiA �fA� i�-i�6 ii�]9�E�F2Re � E� 54 Ordinance No. Page 6 . , � . , ;� �t,..n ,.« we e�x „�:. �...« :� �... ,.v a.,. ,,.:,, tt e o� ro twe e e� - , ' . (Ref. Ord. 857) Section 5.11. REFERENDUM PETITIONS. , Anv five (5) re�istered voters mav form a committee for the purqose of petitioninQ for a referendum as provided in Section 5.03.01. Before circulatinQ anv netition, the committee shall file a copv of the nronosed referendum netition and a couv of the ordinance nronosed to be repealed with the citv clerk alon� with the names and addresses of inembers of said committee. The committee shall attach a verified covv of the referendum and the ordinance to be repealed to each of the si�nature naners herein described, alon� with their names and addresses as svonsors thereof. A verified copv of the ordinance proposed to be repealed to the referendum shall be a covv to which the citv clerk has affixed the words: "Proposed Ordinance on File. Fridlev Citv Clerk , Date ." A referendum petition shall read as follows: REFERENDUM PETITION Proposing the repeal of an ordinance to (stating the purpose of the ordinance), a copy of which ordinance is hereto attached. The proposed repeal is sponsored by the following committee of registered voters: Name , (Please Print) Address (Piease Print) ' 1. 2. 3. 4. 5. The undersigned registered voters, understanding the nature of the ordinance hereto attached and believing it to be detrimental to the welfare of the City, petition the Council for its submission to the electorate for their approval or disapproval. At the end of �s� each �roup of si�natures papers shall be anpended the affidavit of the circulator mentioned �e in Secrion 5.03.03. (Ref. Ord. 625, Ord. 857) � Ordinance No. Section 5.12. FILING OF REFERENDUM PETITIONS Page 7 Within five (51 davs after the filin� of the comnleted referendum petition the citv clerk shall ascertain bv examinarion the number of sienatures annended thereto and whether this number is at least fifteen nercent (15%) of the total number of re�istered voters, as of Januarv 1�` of that vear If the citv clerk fmds the netition insufficient or irre�ular, the citv clerk shall at once notifv one (11 or more of the committee of snonsors of that fact, statinQ the reasons for the insufficiencv or irre�ularitv. The committee shall then be siven thirtv (30) davs in which to file additional sienature papers and to correct the netirion in all other narticulars. If at the end of that neriod the netition is found to be srill insufficient or irreaular, the uetition shall be filed in the citv clerk's office no further action shall be taken, and the ordinance will become effective immediatelv or on the date specified. The citv clerk shall norifv each member of the committee of that fact. Section 5.13. REFERENDUM PETITIONS; SUSPENSION OF EFFECT OF ORDINANCE When a referendum uetition is filed with the citv clerk, the ordinance sousht to be reconsidered shall be susnended from takin� effect. Such susnension shall terminate when: 1. There is a fmal determination of insufficiencv of the aetition; or 2. T'he vetitioner's committee withdraws the petition; or 3. The council repeals the ordinance: or 4. Uvon seven davs after canvass of election is comnleted when a maioritv of those votins favors the ordinance. Section 5.14. ACTION OF THE COiJNCIL ON REFERENDUM PETITIONS If the referendum netition or amended referendum netition is found to be sufficient the citv clerk shall transmit the referendum netition to the council at the next regular council meeting T'he council shall thereunon reconsider the ordinance and either reneal it or bv ave and no vote re-affirm its adherence to the ordinance as nassed. If the council votes to reaffirm the ordinance the council shall immediatelv order a snecial election to be held thereon, not less than 49 davs nor more than 60 davs after such meetinQ, or submit the ordinance at the next reeulaz municinal election. Section � 5.15. REFERENDLTM BALLOTS. The ballots used in any referendum election shall conform to the rules laid down in Section 5.08 of this Charter for initiative ballots. Section �3. 5.16. TI� RECALL Any five (5) registered voters may form fi�e�se�es-i��e a committee for the purpose of bringing about the recall of any elected officer of the City ' ' as nrovided in Section 5.03.01. 56 Ordinance No. Page 8 Before circulatin� anv petition, the committee shal�se��file with the City Clerk �e-a�e-ef a copv of a statement naming the elected officer whose removal is sought, a statement of the grouncis for removal in not more than two hundred fifly (250) words, and their intention to bring about the recall with their names and addresses as members of said committee. The statement of �rounds for removal of the elected officer must identifv malfeasance or nonfeasance of conduct in the officer's performance of official duties. Malfeasance constitutes an ille�al or harmful act which an elected official should not perform in an official canacitv. Nonfeasance is the neQlect or refusal to nerform official duties. . The committee shall also attach a verified conv of said statement to each of the sienature naners herein described, to�ether with their names and addresses as snonsors thereof. A verified conv of said statement shall be a conv to which the citv clerk shall affix the followin� words: "Pronosed Recall Statement on File. Fridlev Citv Clerk (Attest): Date: .. (Ref. Ord. 625, Ord. 85� Section 3-�4. 5.17 RECALL PETITIONS. The petition for the recall of any elected official shall consist of a-se�e the �e�€� statement identical with that filed with the City Clerk together with all the signature papers and affidavits thereto attached. Such netirion shall not be considered to be comnlete unless siQned bv at least twenty five nercent (25%) of the total number of re�istered voters of the Wazd or Citv renresented bv the office holder as of Januarv 1 st of that vear. Each signature paper shall be in substantially the following form: RECALL PETITION Proposing the recall of . . . . . . . . . from office as . . . . . . . . which recall is sought for the reasons set forth in the attached statement s�e. This movement is sponsored by the following committee of registered voters: Name Address , 1. 2. 3. 4. 5. The undersigned registered voters, understanding the nature of the charges against the officer herein sought to be recalled, desire the holding of a recall election for that purpose. At the end of � each �roup of signatures papers shall be appended the affidavit of the circulator mentioned in Section �3-8� 5.03.03. (Ref. Ord. 625, Ord. 857) 57 Ordinance No. Section 3�5. 5.18 FILING OF PETITION. Page 9 Within thirty (30) days after the filing of the original nronosed vetition se�€s�e, the committee shall file the completed petition in the Office of the City Clerk. The City Clerk shall examine the petition within the next five (5) days, and if the City Clerk finds it irregular �-e�y, or finds that the number of signers is less than twenty�five percent (25%) of the total nunber of registered voters of the Ward or City represented by the office holder as of Januarv 1 of that vear, the City Clerk shall so notify one (1) or more members of the committee advisinQ the reasons for the insui�iciencv or irre�ularitv The committee shall then be given ten (10) days in which to file additional signature papers and to conect the perition in all other respects, but they may not change the statement of the grounds upon which the recall is sought. If at the end of that time the City Clerk fmds the petition still insufficient or irregulaz, all the members of the committee shall be notified to that effect and the petition shall be filed in the City Clerk's office. No further action shall be taken thereon. (Ref. Ord. 857) Secrion 3-�. 5.19. RECALL ELECTION. If the petition or amended petition is found sufficient, the City Clerk shall transmit it to the Council without delay, and shall also officially notify the person sought to be recalled of the sufficiency of the petition and of the pending action. The Council shall at its next meeting, by resolution, provide for the holding of a special recall election not less than #��3A} fortv-nine (491 nor more than �-*-• F��° �^� six 60 days after such meeting, but if any other election is to occur within sixty (60) days after such meeting, the Council may in its discretion provide for the holding of the recall election at that time. Section �. 5.20. PROCEDURE AT RECALL ELECTION. The Clerk shall include with the published notice of the election the statement of the grounds for the recall and also, in not more than five hundred (500) words, the answer of the elected officer concerned in justification of t�e�-se�se his/her conduct in office. Candidates to succeed the of�icer to be recalled shall be nominated in the usual way, and the election shall be conducted, as far as possible, in accordance with the usual procedure in municipal elections. (Ref. Ord. 857) Section �-�8. 5.21. FORM OF RECALL BALLOT. Unless the officer whose removal is sought resigns within ten (10) days after the receipt by the Council of the completed recall petition, the form of the ballot at such election shall be: "Shall be recalled?", the name of the officer whose recall is sought being inserted in the blank, and those voting shall be pernutted to vote �"Yes" or "No" upon this question. �ie � ,� �' �e� t�e sapt�e�• " a��da�es �e � t�e-��s � , �f �es^"°a�'•, o� , . If a majority of those voting on the question of recall vote in favor of recall (a maioritv votin� "Yes"), the e�€s�l officer shall be �� promntiv removed from office The Council shall then fill the vacancv for the unexpired term in accordance with the Citv Charter, Section 2.06. , If a : Ordinance No. Page 10 maioritv of those votin� on the Question of recall vote aQainst reacall (a maioritv votine "No"1 the officer shall continue in office with no further action reauired. If the officer sought to be recalled resigns within ten (10) days after the receipt by the Council of the completed recall petition, #ke , , �s}ga�-e�est�e� the Council sha11 declare the office vacant and shall then fill the vacancv for the unexnired term in accordance with the Citv Charter, Section 2.06. (Ref. Ord. 857) Section 3-�. 5.22. INSTRUCTIONS TO PETITIONERS. The City Clerk shall provide to every person circulating a petition for the initiarion of an ordinance, for the initiation o f Charter amendments, for a referendum, or for the recall of an elected official, written instructions delineating the correct and proper procedure for circulating the petition. The instructions provided will clearly define falsification of a signature and false attestation of a signature and will cite those ordinances, laws, or statutes relating to such acts. (Ref. Ord. 625) PASSED AND ADOPTED BY TI� CITY COUNCIL OF TI-� CITY OF FRIDLEY THIS DAY OF . 2000 ATTBST: Debra A. Skogen, City Clerk Public Hearing: May 22, 2000 First Reading: Second Reading: Publication: �r� Nancy J. Jorgenson, Mayor �� City of Fridley Public Hearing Notice Before the City Council Notice is hereby givcn that the Council of the City of Fridley witl hold a pubiic hearing at the City Municipal Car►ter, 6431 University Avenue NE on Monday, May 22, 2000 at 7:30 p.m. on pmposed ordinance smendments to Chapter 5 to We ciry charter. Hearing irapaired pasons planning to acte�►d who need an interpreter or other persons with disabilities who require auxiliary sids should contact Roberta Coliins at (.763) 572- 3500 no lattr than May 5, 2000. Anyone having an interest in this matter should make their interest ]mown at this public -• � hearing. Debra A. Skogen City Clerk Published May 11 and 18, 2000 � � AGENDA ITEM � CITY COUNCIL MEETING OF May 22, 2000 GTY OF FRIDLEY Date: May 17, 2000 To: William Burns, Cit Mana er ��a� � Y g �fi� From: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Julie Jones, Planner/Recycling Coordinator sub�ect: Tree Preservation ZTA #00-01 Public Hearing Background About nine months ago, the City Council asked staff to investigate tree preservation requirements in other cities in response to the tree preservation issues raised by the Gardena/Benjamin plat review. Following a staff report on that study, the City Council directed staff to work with the Environmental Quality and Energy Commission (EQEC) to develop a draft ordinance amendment designed to preserve existing trees on single-family lots. The EQEC reviewed the attached draft Zoning Text Amendments on February 15, 2000. The EQEC supports the concept of preservation of trees through the City's subdivision regulations. The Commission did not recommend development of new ordinance regulations regarding removal of trees on private property other than in the case of a subdivision. EQEC members felt strongly that staff oversight of citywide ongoing tree removal would be extremely difficult and costly to enforce. They felt that the City should instead encourage reforestation of the City through public education and low-cost tree sales to Fridley property owners. The EQEC forwarded its recommendations to the Planning Commission for review. The Planning Commission conducted a public hearing on Zoning Text Amendment #00-01 on May 3, 2000. The Planning Commission recommended the amendment be passed, however, they raised finro concerns. • Why not make the tree ordinance requirements part of the residential section of Section 205 of City Code, where other landscaping requirements are placed in code? • How can the City effectively prevent an applicant from "clear-cutting" trees prior to starting the subdivision application process? Existing Code Fridley currently has regulations in place regarding trees in three areas: • Section 104 applies to tree disease control • Section 510 preserves trees on "City-owned" land �� Tree Preservation ZTA #00-01 Public Hearing Page 2 Mav 17, 2000 Zoning Ordinance Section 205 applies landscaping requirements on all types of property except R-1, single-family Area of Concern Existing ordinance regulations do not exist for tree preservation in single-family residential development proposals. Staff, through GIS mapping research, discovered that there are 697 parcels in the City of Fridley that could possibly be subdivided. In recent subdivision cases, an average of three trees per divided parcel were removed. Staff does typically recommend protection of and replacement of some trees scheduled for removal through stipulations when a property owner goes through the subdivision process. It is not uncommon for property owners to protest requested replacement of removed trees. Having standards for tree preservation set in ordinance, would create a minimum requirement that all property owners must follow and would ensure consistent treatment of all cases brought before the City. Value of Trees Besides their natural beauty, trees do add real financial and environmental value to not only an individual property, but to the community as a whole. Staff discovered the following statistics about the value of trees: • Trees remove COZfrom the air arid produce oxygen. • Shade trees planted east and west of your home can cut cooling costs 15-35%. • Trees remove air pollution by lowering air temperature, through respiration, and by retaining particulates. • Street trees shade the pavement and help cool the entire neighborhood. • Studies have shown that parts of cities without cooling shade from trees can literally be "heat islands," with temperatures as much as 12 degrees Fahrenheit higher than surrounding areas. • Trees can increase property value of your home 15% or more. • Trees can provide a windbreak that can lower home heating bills 10-20%. • Trees support many generations of birds and other wildlife and improve community pride. • Mature forests help prevent flooding by reducing by 40-60% the amount of water reaching streams and the water table. • If 30% of the skyline in an average city is covered by tree canopy, the flow of stormwater is reduced by 14%. • Trees keep excess phosphorus and nitrates from entering streams and rivers by using them as nutrients for their own growth. • Trees are critical to protecting wetlands, which in turn can dramatically decrease flood levels. Staff and the EQEC recommend that the City take action to preserve trees in the community in the subdivision process. The Planning Commission debated if the subdivision process was the most appropriate section of code to address the issue. Staff continues to recommend a ZTA to the subdivision application requirements since tree preservation 62 Tree Preservation ZTA #00-01 Pubiic Hearing Page 3 May 17, 2000 requirements would apply to all residential building additions if the requirements were added to Section 205. Staff concurs with the EQEC and the City Council's earlier comments that tree preservation requirements are most necessary in cases of new residential construction. In regards to the other concern that the Planning Commission raised, staff agrees that a negative result of the ZTA could be that applicants will deliberately remove trees prior to subdivision application as an effort to avoid replacement requirements. However, staff will still be able to require tree replacement through stipulations placed on the subdivision's approval. The exact language proposed is underlined in the attached copy of Section 211, Subdivisions. The basic changes proposed are as follows: • Significant trees (defined as 4" or larger deciduous and 4' or higher coniferous) must be protected during development when possible. • If significant trees are located on the parcel, the applicant must submit a Tree Preservation Plan prepared by a qualified landscape architect or designer. • If significant trees are going to be removed, the Tree Presenration Plan must also include a reforestation plan, detailing replacement plans. • Each significant tree, up to a maximum of three, removed for development, would need to be replaced. � The City retains the right to requi�e more than three replacement trees if lots are larger than 15,000 square feet. • Replacement trees must be installed within one year of issuance of a building permit. Recommendation Staff recommends that the City Council conduct the public hearing for ZTA #00-01 at the May 22, 2000 City Council meeting and receive public comment. � �� :. �� AGENDA ITEM � CITY COUNCIL MEETING OF MAY 22, 2000 GTY OF FRIDLEY Date: May 17, 2000 To: William Burns, City Manager �� From: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Julie Jones, Planner/Recycling Coordinator Subject: Tree Preservation ZTA #00-01 First Reading Background At their February meeting, the Environmental Quality Commission recommended the attached zoning text amendments be approved to preserve trees during the subdivision process. The Planning Commission held a public hearing regarding the text amendment on May 3, 2000. They also recommended approval. Recommendations Staff recommends that the City Council conduct the first reading for ZTA #00-01 at the May 22, 2000 City Council meeting following the public hearing. M-00-87 .� FRIDLEY CITY CODE 211. SUBDIVISION (Ref. 75,126,168, 207, 229, 633, 667, 754,102� 211.01. PURPOSE The regulations and provisions established by trus Chapter are for the following purposes: 1. To establish standard procedures, requirements, and conditions for the preparation, submission and approval of land subdivisions within the City of Fridley. 2. To secure satisfactory conformity of such subdivisions to the land use, the major thoroughfare plan, the official map, zoning and other plans and chapters of this Code. 3. To assist the orderly, efficient, and integrated development of the City of Fridley. 4. To promote the health, safety and general welfare of the residents of the City of Fridley. 5. To guide the City in the performance of its functions and duties. 6. To preserve ecological resources, wildlife comdors, protect flora and fauna, and protect against noise pollution within the City of Fridley by minimizing the loss of valuable trees. 211.02. DEFII�IITIONS For the purpose of this Chapter, words used in the present tense shall include the future; words in the singular shall include the plural, and the plural the singular�, and the word shall is mandatory and not discretionary. The following definitions shall apply in the interpretation and application of this Chapter and the following words and terms wherever they occur in this Chapter are defined as follows: 1. Auditor's Subdivision. All lands formerly described by complicated metes and bounds descriptions where the Anoka County Auditor has simplified the description for tax purposes by assigning a lot number. 2. City. Any person duly appointed, authorized, delegated or otherwise given the official capacity to act as a representative or agent for the City of Fridley. 3. County Surveyor. The Anoka County Officers who examine or check plats or subdivisions prior to acceptance by the Registrar of Deeds for filing in Anoka County. 4. Lot. An existing division of land that can be conveyed without further subdivision. The term "lot" is generally interchangeable with the terms "parcel" or "tract". 65 Fridley City Code — Secriqn 211 5. Plat. Page 2 A map, drawing or chart which graphically delineates the boundary of land parcels for the purpose of identification and record of title. The plat is a recorded legal document and must conform to all Minnesota State Laws. 6. Plat, Final. The final map, drawing or chart on which the subdivider's p.lan of subdivision is presented to the City Council for approval and which, if approved, will be submitted to the County Registrar of Deeds or Registrar of Titles. 7. Plat, Preliminary. A preliminary map, drawing or chart indicating the proposed layout of a subdivision to be submitted to the City Council for their consideration. 8. Registered Land Survey A District Court ordered survey of unplatted registered land which serves as a prerequisite for conveyance of any part thereof. 9. Significant Tree Any deciduous tree measuring four caliper inches or more in diameter at four feet above ground level or coniferous tree that is eight feet or more in height. �10. Subdivider. Any person, firm, coiporation, partnership or association who causes land to be divided, platted or planned into a subdivision for such person or others. �911. Subdivision. The separation of an area, parcel, or tract of land, under single ownership, into two (2) or more parcels, tracts, lots, or long-term leasehold interests where the creation of the leasehold interest necessitates the creation of streets, or roads, for residential, commercial, industrial, or other use or any combination thereof, except those separations: A. Where all the resulting parcels, tracts, lots, or interests will be 20 acres or larger in size and 500 feet in width for residential uses and five (5) acres or larger in size for commercial and industrial uses; B. Creating cemetery lots; C. Resulting from court orders, or the adjustment of a lot line by the relocation of a common boundary. . . Fridley City Code — Section 211 211.03. CONVEYANCE RESTRICTIONS Page 3 l. No conveyance of land to which the regulations of this Chapter are applicable shall be filed or recorded if the land is described in the conveyance by metes and bounds or by reference to an unapproved registered land survey made after April 21, 1961, or to an unapproved plat made after such regulations become effective. In addition, no land shall be conveyed if it is less than a whole parcel of land as charged in the tax lists unless it is approved or waived by the City. The foregoing provision does not apply to a conveyance if the land described: A. Was a separate parcel of record April 16, 19�2, (date of adoption of subdivision regulations by the City), is not part of a contiguous development and conveyance will not result in a violation of Chapter 205 of the City Code, or B. Was the subject of a written agreement to convey entered into prior to Apri121, 1961, or C. Was a separate parcel of not less than two and one-half (2 1/2) acres in area and 150 feet in width on January 1, 1966, or D. Was a separate parcel of not less than five (5) acres in area and 300 feet in width on July l, 1980, or E. Is a single parcel of commercial or industrial land of not less than five (5) acres and having a width of not less than 300 feet and its conveyance does not result in the division of the parcel into two (2) or more lots or parcels, any one of which is less than five (5) acres in area or 300 feet in width, or F. Is a single parcel of residential or agricultural land of not less than 20 acres and having a width of not less than 500 feet and its conveyance does not result in the division of the parcel into two (2) or more lots or parcels, any one of which is less than 20 acres in area or 500 feet in width. 2. In any case in which compliance with the foregoing restrictions will create an unnecessary hardship and failure to comply does not interfere with the purpose of this Chapter, the City Council may waive such compliance by adoption of a resolution to that effect and the conveyance may then be filed or recorded. Any owner or agent of the owner of land who conveys a lot or parcel in violation of the provisions of this subdivision shall forfeit and pay to the City a penalty of not less than $100 for each lot or parcel so conveyed. The City may enjoin such conveyance or may recover such penalty by a civil action in any court of competent jurisdiction. 211.04. SUBDIVISIONS Hereafter all subdivisions of land as defined herein, made within the City of Fridley, shall be subject to and shall conform to these regulations and other applicable law and shall conform to the land use plan, the major tharoughfare plan, the official map, the Zoning Chapter and other City plans, ordinances, chapters and regulations. 1. Lot Split. 67 Page 10 Fridley City Code — Secrion 211 If a plat is disapproved by the City, no application for the denied subdivision of land may be submitted for a period of three (3) months following the denial. (e) Failure to Finally Approve or Disapprove If the Council fails to certify final approval within sixty (60) days after the application for final plat has been submitted, and if the applicant has complied with all conditions and requirements of this Chapter, the application shall be deemed finally approved, and upon demand the City shall execute a certificate to that effect. ( fl Survey After approval of the final plat, the subdivider shall cause the subdivision to be surveyed, staked and monumented by a registered surveyor in accordance with the requirements herein, with statutory requirements and with any requirements of the County Platting Authority. (g) Recording After approval, the final plat shall fteretheddat of Co ec lcappro al unless a nger o n e h u n d r e d e i g h ty ( 1 8 0) d a y s a period is granted at the time of approval. A plat not recorded within a period of one hundred eighty (180) days or the approved extension time, is deemed to be one that is not approved and such plat is not entitled to be recorded; and the same shall not thereafter be recorded except and unless it shall have again been presented to the Planning Commission and Council and approved for recording. (h) Time Extension A time extension for recording a plat shall be granted upon application duly made to the Council unless the Council finds after a hearing that the delay and failure to record within the period of time allowed was without justifiable cause and that the conditions and circumstances attendant to the land within the plat and in the immediate surrounding area as is affected thereby are materially and substantially different from those present at the time such plat was originally approved and that the plat as made is no longer deemed an appropriate plat with the condirions and circumstances present. In making such determination, the Council can consider among other things any changes in zoning, sizing of lots, location of streets and utilities in the lands within or adjacent to said plat and other factors deemed material, and is not liniited thereto. (Ref. 229) (i) Appeal to Council �r� fi„al nlat of a subdivision shall be approved by the Council if the preliminary plat . • __.. ..L„� „„., �,�hriiviciPr mav Fridley City Code — Secrion 211 211.03. CONVEYANCE RESTRICTIONS Page 3 1. No conveyance of land to which the regulations of this Chapter are applicable shall be filed or recorded if the land is described in the conveyance by metes and bounds or by reference to an unapproved registered land survey made after Apri121, 1961, or to an unapproved plat made after such regulations become effective. In addition, no land shall be conveyed if it is less than a whole parcel of land as charged in the tax lists unless it is approved or waived by the City. The foregoing provision does not apply to a conveyance if the land described: A. Was a separate parcel of record April 16, 1952, (date of adoption of subdivision regulations by the City), is not part of a contiguous development and conveyance will not result in a violation of Chapter 205 of the City Code, or B. Was the subject of a written agreement to convey entered into prior to Apri121, 1961, or C. Was a separate parcel of not less than two and one-half (2 1/2) acres in azea and 150 feet in width on January 1, 1966, or D. Was a separate parcel of not less than five (5) acres in area and 300 feet in width on July 1, 1980, or E. Is a single parcel of commercial or industrial land of not less than five (5) acres and having a width of not less than 300 feet and its conveyance does not result in the division of the parcel into two (2) or more lots or parcels, any one of which is less than five (5) acres in area or 300 feet in width, or F. Is a single parcel of residential or agricultural land of not less than 20 acres and having a width of not less than 500 feet and its conveyance does not result in the division of the parcel into two (2) or more lots or parcels, any one of which is less than 20 acres in area or 500 feet in width. 2. In any case in which compliance with the foregoing restrictions will create an unnecessary hardship and failure to comply does not interfere with the purpose of this Chapter, the City Council may waive such compliance by adoption of a resolution to that effect and the conveyance may then be filed or recorded. Any owner or agent of the owner of land who conveys a lot or parcel in violation of the provisions of this subdivision shall forfeit and pay to the City a penalty of not less than $100 for each lot or parcel so conveyed. The City may enjoin such conveyance or may recover such penalty by a civil action in any court of competent jurisdiction. 211.04. SUBDIVISIONS Hereafter all subdivisions of land as defined herein, made within the City of Fridley, shall be subject to and shall conform to these regulations and other applicable law and shall conform to the land use plan, the major thoroughfare plan, the official map, the Zoning Chapter and other City plans, ordinances, chapters and regulations. 1. Lot Split. �� Fridley City Code — Section 211 Page 4 Any existing lot, parcel or tract of land may be subdivided into two (2) or more pazcels by means of a "lot split" when each parcel within the subdivision can be described as a simple fractional part of an existing City approved plat, Auditor's Subdivision, or Registered Land Survey. A subdivision of land which cannot be described as a simple fractional part of a larger pazcel (i.e. requires a complex description which involves the use of angles and degrees as found in descriptions commonly lrnown as "metes and bounds") cannot be subdivided by a lot split and shall be platted. In addition, all subdivisions which create five (5) or more lots or parcels which are 2 1/2 acres or less in size shall be platted. When a request for a lot split is submitted to the City on City forms, the City shall within twenty-four (24) hours respond to the application on a"Certification of Status" form. A. Application Application for a lot split shall be made on forms furnished by the City and shall include a s�et�� Certificate of Survey � illustrating: (1) �2) (3) (4) (5) scale and north arrow; dimensions of the property; names and locations of adjacent streets; location of any existing structure; any other information as may be necessary to determine if the lot split meets the intent and requirements of this Chapter; and, � size, species, and location of all significant trees. (a)If any significant trees are located in the buildable area of the newly created lot(s), the applicant will be required to submit a Tree Preservation Plan to the Ci alon with the application. Each significant tree expected to be impacted by future development must be replaced within the same parcel of land. At minimum, three replacement trees per lot are required. When a lot exceeds 15,000 square feet, the City may, at its discretion, require more than three replacement trees. The Tree Preservation Plan must be prepared by a landscape architect or a qualified landscape designer and must include the following information: ((1)) A tree inventory indicating size, species, location, and condition of all significant trees and clumps of non-significant trees within the limits of the possible building areas. ((2)) Disease control and protection techniques that will be utilized to minimize disturbance to all trees remaining on site. ((3)) A reforestation plan, indicating size, species, location, and planting specifications of all replacement trees. ((a)) The reforestation plan shall utilize a variety of tree species with emphasis on native and high-wind-tolerant species. Alternatives to these species must be �roved by the City Forester prior to installation. �b)) Replacement trees shall be a minimum of 2-%2 inches in diameter if deciduous or six feet in height if coniferous. ((4)) A commitment in writing from the applicant that replacement tree installations will be complete prior to occupancy of new construction units, or, if weather prohibits, funds equivalent to the market value of required replacement trees and installation be placed in escrow prior to issuance of a building permit. .: Fridley City Code — Secrion 211 B. Review Page 5 (1) The proposed lot split shall be informally heard by the Planning Commission. Notices shall be mailed to all owners of property within 350 feet of the parcel included in the request, not less than ten (10) days nor more than thirty (30) days prior to the hearing. Failure of a property owner to receive notice shall not invalidate any such proceedings as set forth within this chapter. (Ref. 1026) (2) After considering such things as adjacent land use, traffic patterns, zoning regulations, future development, tree preservation plan, plans for parks, bikeway/walkways, street extensions, and other criteria deemed pertinent, the Planning Commission shall recommend to the City Council either approval, with or without stipulations, or disapproval. (3) After review and recommendation by the Planning Commission, the applicarion for lot split shall be informally heard by the City Council. The City Council shall approve or disapprove the request for the lot split within sixty (60) days. C. �� Council Resolution If approved, � • ' , the Council shall pass a resolution approving the lot split. If there are any discrepancies in the boundaries of the existing land, a copy of the survey shall be filed with the Anoka County Surveyor's office. D. Certification and Recording (1) After final approval, a certified copy of the resolution approving the lot split and a "Certificate of Status" form shall be attached to the notice of approval and forwarded to the applicant. The lot split, together with a certified copy of the resolution and "Certification of Status" form, shall thereafter be recorded among the records of the County within one hundred eighty (180) days after the date of the resolution, unless a longer period of time is granted and provided for recording at the time of approval. (2) A lot split not recorded within a period of one hundred eighty (180) days or the approved extension time, is deemed to be one that is not approved and such lot split is not entitled to be recorded; and the same shall not thereafter be recorded except and unless it is presented to the Planning Commission and Council and re-approved. E. Division of Taxes Any lot, parcel, or tract of land that is less than a whole parcel of land as charged in the tax lists must receive City Council approval before there is a division of taxes. F. Approval of Council Whenever any lot split is to be made, such subdivision can be made without further platting with approval of the Council if the Council shall find that such subdivision facilitates and does not .• Fridley City Code — Secrion 211 Page 6 hinder the transfer and conveyance of the land; does not hinder the making of assessments and keeping of records connected therewith; that it does not result in the creation of any parcel (within or without the subdivision) of a size in area or frontage which is less than is required for purposes of construction of a building on such parcel under the zoning laws and building regulations of the City; and that the subdivision to be made is not made for the purpose of avoiding such conditions and restrictions with respect to the land as might be imposed upon a plat. (Ref. 207) 2. Plat and Registered Land Survey Process. A. Scope All subdivisions as defined in Section 211.02.10 shall be platted unless each parcel within the subdivision can be described as a simple fractional part of an existing City- approved Plat, Auditor's Subdivision, or Registered Land Survey. A simple description shall not involve the use of angles and degrees as found in descriptions commonly lrnown as "metes and bounds". All subdivisions which create five (5) or more lots or pazcels which are 2 1/2 acres or less in size shall be platted. B. In General (1) A subdivider shall prepare a preliminary plat of a subdivision before preparing a final plat. The subdivider shall submit the preliminary plat together with all required accompanying material to the Planning Commission and shall obtain the tentative approval of the Commission. (2) The subdivider shall then prepare a final plat together with all required accompanying materials and submit them to the Council for approval. The subdivider shall then obtain approval of the Council and by any other agencies and officials whose approval is required by law and shall be duly recorded. (3) No conveyance of any lot or parcel of land in a subdivision shall be lawful until final approval and recording have occurred. In addition, no permit to erect, alter or repair any building shall be issued until such approval and recording. (Ref. 75). C. Steps (1) Preliminary Plat Requirements A preliminary plat sha11 be clearly and legibly drawn on a high quality reproducible and all copies thereof shall be clear and legible. It shall be of such scale as to show clearly all details thereof. A preliminary plat together with such accompanying documents shall show the following; (a) The boundary lines and dimensions of the land to be subdivided and the locations of section corners and of existing subdivisions, streets (and street widths) and unsubdivided parcels (and ownerships) adjoining the proposed subdivision, between it and nearest existing street or for such distance beyond as may be required. 70 Fridley City Code — Secrion 211 Page 7 (b) The proposed general layout, including all proposed streets, alleys, crosswalks through blocks, street widths and proposed names, approximate dimensions of blocks and lots, tentative lot and block numbering and approximate radii of all curves. (c) The existing and proposed easements and right-of-ways for drainage, sewerage, utilities, railroad lines, streets. alleys, bikeways, walkways, and any other areas proposed to be dedicated for public purposes and of any reservations and their purposes. (d) The correct location and designation of all wet lands and water channels, water areas, drainage courses and ditches, and indication of all areas which, before drainage improvement, are subject to inundation or storm water overflow, with proposed drainage improvement of such areas and of swamps, drainage courses and ditches. (e) A statement giving the intended excavating, grading and filling of land within the proposed subdivision and the intended removal or destruction of existing trees and other natural ground cover, sufficient to meet the requirements of the City in determining whether a land alteration permit could be issued in accordance with the City Code. ( fl Any required data and materials not practically shown on the preliminary plat shall be submitted on separate sheets, to accompany the plat. (2) Application (a) The subdivider shall submit a tracing and three (3) dark line prints of the preliminary plat and three (3) copies of documents accompanying the plat to the City. The City shall determine whether or not the submitted materials are satisfactory as a preliminary plat. (b) When land to be subdivided abuts a state trunk highway, one (1) additional copy shall be required and shall be submitted to the State Highway Commissioner with the request that such Commissioner's recommendations, if any, should be received within fourteen (14) days after the date submitted, for consideration by the Planning Commission acting on the plat. (c) Application must also include a Certificate of Survey illustrating the size and location of any significant trees on the parcel. If any significant trees are located in the buildable area of the newly created lot(s), the applicant will be required to submit a Tree Preservation Plan to the City along with the application. Each significant tree expected to be impacted by future development must be replaced within the same parcel of land. At minimum, three replacement trees per lot will be required. When a lot exceeds 15,000 square feet, the City may, at its discretion, require more than three replacement trees. The Tree Preservation Plan must be prepared by a landscape architect or a qualified landscape designer and must include the following information: �(1)) A tree inventory indicating size, species, location, and condition of all 71 Fridley City Code — Secrion 211 Page 8 si�ificant trees and clumps of non-significant trees within the limits of the possible building areas. � Disease control and protection techniques that will be utilized to minimize disturbance to all trees remaining on site. ((3)) A reforestation plan, indicating size, species, location, and planting specifications of all replacement trees. ((a)) The reforestation plan shall utilize a variety of tree species with emphasis on native and high-wind-tolerant species. Alternatives to these species must be approved by the City Forester prior to installation. ((b)) Replacement trees shall be a minimum of 2-%2 inches in diameter if deciduous or six feet in height if coniferous. ((4)) A commitment in writing from the applicant that replacement tree installations will be complete prior to occupancy of new construction units, or, if weather prohibits, funds equivalent to the market value of required replacement trees and installation be placed in escrow prior to issuance of a building permit. (3) Action on Preliminary Plat by Planning Commission (a) The Planning Commission will meet to consider the plat and proposed improvements by the subdivider and the time and method of installation of improvements. (Ref. 75) (b) Not less than ten (10) days before the date of a meeting of the Planning Commission, for consideration of a preliminary plat, the City shall do the following: ((1)) Notify by United States mail the subdivider and the property owners of the property within three hundred fifty (350) feet adjoining the land within the plat of the time and place of such hearing. (Ref. 1026) ((2)) Publish notice of such hearing in the official City newspaper. (c) At such meeting, all persons interested shall be given an opportunity to make presentations. (4) Preliminary Review (a) The Planning Commission shall take action on a subdivision application within 120 days following delivery of an application completed in compliance with the requirements set forth in this Chapter, unless an extension of the review period has been agreed to by the applicant. Action by the Planning Commission shall be tentative approval, disapproval or conditional approval of the preliminary plat, the last being tentative approval conditioned upon certain modifications as specified. After the Planning Commission's review of the preliminary plat, it shall be recommended to the Council for final action. (b) If the Planning Commission fails to preliminarily approve or disapprove an 72 Fridley City Code — Section 211 Page 9 application within 120 days after it has been submitted, unless an extension of time is arranged with the consent of the subdivider, the application shall be deemed preliminarily approved and upon demand the City sha11 execute a certificate to that effect. In this event, the City shall advise the subdivider of any and all recommendations as are reasonable and are consistent with these regulations or with an applicable plan in completing the survey of the subdivision and making the final plat thereof. (Ref.75) (5) Final Plat Application Following preliminary review of the application by the Planning Commission, the applicant may request final approval by the City. (a) Requirements The final plat shall conform to the preliminary plat as tentatively approved or conditionally approved, including any required modifications and to the requirements herein and any additional requirements of law. When there is more than one sheet, an index sheet shall be attached showing the entire subdivision, including boundary and streets, at an appropriate scale and indicating the separate sheets of the final plat and the sheet number of each. (b) Submitting Final Plat The subdivider shall within six (6) months after the date of the Planning Commission's review of the preliminary plat, submit the final plat together with all required accompanying documents to the City. If not filed within the designated six-month period, unless this period is extended by Council, the action of Planning Commission on the preliminary plat shall become null and void. If required improvements are not installed prior to filing, a cash deposit, certified check or surety bond insuring later installation or a petition to have the City install same and assess cost against the subdiviser shall accompany the final plat. (c) Hearing on Final Plat The final plat will be acted upon by the Council after holding a public hearing thereon, with published notice in the official City Newspaper at least ten (10) days in advance indicating the time and place thereof. At such hearing all persons interested may appear and be heard. (Ref. 75) (d) Action on Final Plat The Council shall approve or disapprove the final plat within sixty (60) days after receiving the final plat. Before the Council approves the final plat, the plat shall comply with all conditions and requirements of this Chapter and all conditions and requirements upon which preliminary approval is expressly conditioned either through performance or the execution of appropriate agreements assuring performance. �� Fridley City Code — Secrion 211 Page 10 If a plat is disapproved by the City, no application for the denied subdivision of land may be submitted for a period of three (3) months following the denial. (e) Failure to Finally Approve or Disapprove If the Council fails to certify final approval within sixty (60) days after the application for final plat has been submitted, and if the applicant has complied with all conditions and requirements of this Chapter, the application shall be deemed finally approved, and upon demand the City shall execute a certificate to that effect. ( fl Survey After approval of the final plat, the subdivider shall cause the subdivision to be surveyed, staked and monumented by a registered surveyor in accordance with the requirements herein, with statutory requirements and with any requirements of the County Platting Authority. (g) Recording After approval, the final plat shall be recorded among the records of the County within one hundred eighty (180) days after the date of Council approval unless a longer period is granted at the time of approval. A plat not recorded within a period of one hundred eighty (180) days or the approved extension time, is deemed to be one that is not approved and such plat is not entitled to be recorded; and the same shall not thereafter be recorded except and unless it shall have again been presented to the Planning Commission and Council and approved for recording. (h) Time Extension A time extension for recording a plat shall be granted upon application duly made to the Council unless the Council finds after a hearing that the delay and failure to record within the period of time allowed was without justifiable cause and that the conditions and circumstances attendant to the land within the plat and in the immediate surrounding area as is affected thereby are materially and substantially different from those present at the time such plat was originally approved and that the plat as made is no longer deemed an appropriate plat with the conditions and circumstances present. In making such determination, the Council can consider among other things any changes in zoning, sizing of lots, location of streets and utilities in the lands within or adjacent to said plat and other factors deemed material, and is not lirriited thereto. (Ref. 229) (i) Appeal to Council No final plat of a subdivision shall be approved by the Council if the preliminary plat thereof was disapproved by the Planning Commission except that any subdivider may appeal the Commission's action on the preliminary plat to the Council to overrule said 74 Fridley City Code — Secrion 211 Page 11 action. The Council, as a result of the appeal, may elect to consider the preliminary plat and give it approval, conditional approval or disapproval. The grounds for any refusal to approve a final plat shall be set forth in the proceedings of the Council and reported to the person or persons applying for such approval. (j) Required Signatures No plat of a subdivision shall be filed with the Registrar of Deeds or accepted for filing unless signed by the Mayor and Manager or Clerk and unless approved as to survey and engineering accuracy by the County Platting authorities. 3. Zero Lot Lines. A. The City may approve subdivisions for the development of zero lot line, common wall residential structures within R-2 and R-3 zones. These lots shall be divided equally as is reasonably possible within the restrictions of the existing guidelines of the Zoning Chapter. B. All other zoning requirements in the respective districts except for the setbacks along the common wall, zero lot line(s) must be met. C. Separate meters must be provided to each dwelling unit for water, electricity and natural gas. In addition, the common party wall(s) fire rating shall be one hour for existing shucture and two (2) one hour walls for new construction. D. The owner of the property to be subdivided shall execute and record at their expense a "Declaration of Covenants, Conditions and Restrictions" as provided by the City. The said document shall be t:sed to protect the rights of the individual owners sharing the single structure to maintenance, repair and construction in case of damage to the original shucture. The declarations, covenants, conditions and restrictions shall provide protection to the property owners and the City on the following objects: (1) Building and Use Restrictions. (2) Party Walls. (3) Relationships among owners of adjoining living units and arbitration of disputes. E. The City shall be a beneficiary to these declarations, covenants, conditions and restrictions. 211.05. VARIANCES Should the Planning Commission or Council find that any of the regulations or requirements herein are not applicable to a proposed land subdivision or to a preliminary or final plat thereof, or would cause undue hardship, it may permit such variations therefrom as are not contrary to the intent and purpose of these regulations or other applicable law or any applicable plan or portion thereof. The nature of the variances to be permitted in a particular case, with reasons why they are deemed necessary, shall be recorded in the minutes of the meeting and shall be transmitted to the subdivider. 75 Fridley City Code — Secrion 211 211.06. SPECIAL DISTRICTS Page 12 The requirements of this Chapter may be modified or excepted in the case of special zoning districts established under Chapter 205 of the City Code. 211.07. DESIGN STANDARDS A preliminary plat and a final plat shall be made with such design standards as are applicable thereto, said standards being established for the purpose of guiding and accompanying a coordinated, adjusted and harmonious development of Fridley which will, in accordance with existing and future needs, best promote the public health, safety, order, convenience and the general welfare and efficiency and economy in the process of development. The following design standards are hereby established for land subdivisions: l. Layout. General layout, street pattern, street widths, proposed private and public areas, facilities and uses, shall conform to these regulations and other applicable law, and to the City's Comprehensive Plan. 2. Public Dedication. A. As a general rule, each subdivision shall be required to dedicate land, or pay into the City fund a cash payment equivalent, for public uses including schools, parks, playgrounds and other public purposes other than public right-of-way, in the following manner: Ten (10%) percent of all the gross area of residential zoned property to be subdivided; three (3%) percent of the gross area of commercial or industrial zoned property to be subdivided. B. Any land dedication in excess of the 10% or 3% requirement shall be reserved for a period of two (2) years during which time the City or other public body may buy such land. C. In addition to the above described general rule, the following conditions and requirements shall also be complied with: (1) The City may choose to accept an equivalent amount in cash from the applicant for part or all of the portion required to be dedicated to such public uses or purposes based on the fair market value of the land no later than at the time of final approval. (2) Any cash payments received shall be placed in a special fund by the City and used only for the purposes for which the money was obtained. (3) The City must reasonably determine that it will need to acquire that portion of land, or the cash equivalent thereof, for the purposes stated in this Section as a result of approval of the subdivision. D. The provisions of this Section may be modif�ed if the City Council determines that individual circumstances call for adjustment. 76 Fridley City Code — Section 211 Page 13 3• Street Patterns. Street patterns should follow substantially the patterns shown on the land use plan or shall the equal of the planned patterns in these respects: they shall adequately serve latted be at least developed; they shall intersect existin or lanned P lots when infrequent intervals only; they shall not bstrucpthe reasotn b1e and d sirabe de elo r�Orou unsubdivided lands in conformity v�,ith any applicable plans and w' ��es at pment of adjoining, be such as to discourage through traffic from using rninor streets n eesu division• and gn standards, they shall suited to the topography of the land, but with their orientation influenced by walkin direct" , they shall be distance to and from existing and planned p�.�� play�,o�ds and schools. g lon and 4. Access. The street pattern shall be designed so as to minirruZe access points and crossings alon all rai arterial tharoughfares. g lroad and 5. Public Streets. All proposed streets shall be offered for dedication as public streets, 6• Right Angle Intersection. with no private streets shown. Streets shall intersect or intercept each other at right angles with variations of not more th (20°)degrees permitted when considered necessary, an twenty 7. Grades. Street grades of six (6%) percent shall be considered a desirable maximum to be exceeded o required by topography or other controlling and physical condition. Grades of all streets, walks When and gutters shall be approved by the City. , curbs 8. Jogs. Jogs in streets shall have center line offsets of 125 feet or more. 9. Major Streets. The location, width arid aligrunent of trunk high�,�,ays and major streets shall conform to th map, to the major street plan and to any other appiicable plans, including State and Coun hi ffi�,a 1 Pi�s• Width of secondary major tharoughfares, not trunk high�,ays, shall be 60 feet. �� y 10. Minor Streets. Widths of minor residential streets shall be a minimum of 50 feet. 11. Business Streets. 77 Page 14 Fridley City Code — Secrion 211 treets serving business, industrial, multiple dwelling, �n ant �° w en notl hown, shall be bas Widths of s not less than shown on the land use plan or other apphcab fo p�e Planning Commission. specified by the Plann�ng Comm�ssion, or by the City acting 12. Cul-De-Sac Streets. Dead-end or cul-de-sac streets shall be no longer than 600 feet with and 0 feet1 e pectivelys except having property line and curb-line diameters of not less than 100 eet t such minimums may be altered when required by topography or other controlling conditions. tha 13. Corners. ' es at residential street comers shall be rounded on a radiu �a nbe requ ed by the PlanninS Property hn rovided that greater radii y lines on a radius of not less than 20 feet, p Commission where deemed necessary. 14. Half-width Streets. Half-width streets areWn� �e Commission and only subdivided. racticall necessary by the Planning ;eptable except as found p Y assurance of dedication of the other half when adjoining property is 15. Corporate Boundary Streets. in develo in and maintaining streets bordering the corporate limits, where a For protecting the City � P g _' th street dedication is proposed, the subdivider shall furnish one of the following v�'ith e half wid preliminary plat: A . Assurance that the remaining half outside the corporate limits has or will be dedicated, or B. A wananty deed for the remaining half outside the corporate limits, or C. An easement for street purpose, signed by the owners of the part outside the corporate limits. 16. Street Names. ets which are extensions of existing streets shall be the same, provided that these and rlames of stre roval. other street names shall be subject to City app 17. Block Lengths• tiers of lots. Block lengths shall be Residential blocks shall normally be of sufficient width for to 1,500 feet ermissible when approved by determined by circulation and other needs, with lengths up P the Planrung Commission. A pedestrian way or crosswalk, not lesn e an�� or for acce s o� chools, required approximately midway in a b loc k t h a t i s 7 0 0 f e e t o r m o r e i s s ho ing centers an d to other areas and facilities. Wh�roeuresi t d h ee t�ddle of t he block p1ayground , pP ro osed, a reservation for a future street deeper than 260 feet as p p the Planning Commission. longitudinally, may be required by 78 Fridley City Code — Secrion 211 Page 15 18. Accessibility. Each lot shall be served from a public street satisfactorily for general accessibility for fire fighting, refuse collection and delivery puiposes. 19. Lot Size. The size of lots shall be as set forth in Chapter 205 of the City Code. A corner lot shall have extra width of 5 feet or more for setback of a building adequately from both streets. Each lot shall be adequate to provide space for the dwelling and all necessary accessory buildings. 20. Side Lot Lines. Side lot lines shall be at right angles or radial to street lines, with slight variations under difficult conditions pernussible, with Pianning Commission approval. 21. Easements. Easements offered for dedication should be shown along lot lines where needed for utility purposes, for drainage, for screen planting or other purposes. Utility easements along rear lot lines will usually be required unless alleys are provided with required width being 12 feet for a single easement or for the total of two (2) parallel, adjoining easements on two (2) lots. Minimum width of drainage easements, single or double, shall be 20 feet and screen planting and other easements, single or double shall be 10 feet or such greater width in specific cases as the Planning Commission shall require. 211.08. REQITIRED IMPROVEMENTS As a condition precedent to the approval of a final plat, the subdivider shall give satisfactory assurance of the installation of at least the following improvements at the subdivider's own expense, within a period of time specified by the Planning Commission: l. Grade Streets. Grade all streets and walks to specified grades and surface all streets in accordance with adopted plans and specifications. 2. Install Underground Utilities. Install water mains, storm and sanitary sewers and additional drainage facilities, where any or all are required. 3. Off Street Improvements. Erect street name signs, sod boulevard areas and plant trees replacement ' � � as s ecified in the Tree Preservation Plan approved by the City. Grades shall be set by the City and improvements shall be accorduig to previously or hereina$er established standards and specifications 79 Page 16 Fridley City Code — Section 211 by the Council. An escrow may be provided in lieu of the installations. The escrow amount will be determined b the Ci accordin to current fair market value and installation costs. Escrow funds will be ex ended in the event that r lacement trees have not been lanted within one ear of issuance of a building permit• 4. Delay of Streets. Where water mains, storm and sanitary sewers and additional drainage facilities are to be installed, the required street improvements may be deferred until after such installation. 5. Cost of Improvement. To cover the cost of improvements that may not have been completed at the time of filing the final plat, the subdivider shall: A. Furnish cash, a certified check or a surety bond, to the City of Fridley to secure the performance of such installation by him or her within a period of time as stipulated by the Council or to cover installation by the City, or B. Petition the Council to install such improvements, the entire cost of which is to be levied and certified as a special assessment, in which case the subdivider shall agree in writing that in the interim between the filing of the final plat and the certification of the special assessment to the County Auditor there will be no transfer of ownership of any part of the property platted without first depositing with the City an amount sufficient to cover the estimated proportionate amount of such assessment applicable to the lot or parcel of land transferred. 211.09. EFFECT OF SUBDIVISION APPROVAL For one (1) year following preliminary approval and for two (2) years following final approval, unless the subdivider and the City agree otherwise, no amendment to a comprehensive plan or official control shall apply to or affect the use, development density, lot size, lot layout or dedication or platting required or permitted by the approved application. Thereafter, pursuant to its regulations, the City may extend the period by agreement with the subdivider and subject to all applicable performance conditions and requirements, or it may require submission of a new application unless substantial physical activity and investment has occuned in reasonable reliance on the approved application and the subdivider will suffer substantial financial damage as a consequence of a requirement to submit a new application. In connection with a subdivi� ° eferred o here�n for�such peri ds of time longer than may by resolution or agreement grant the ngh tvvo (2) years which it determines reasonable and appropriate. 211.10. VACATION OF PLAT 1. Any plat or any part of a plat may be vacated by the owner of the property before the sale of any lot therein, by a written instrument with a copy of the plat attached, declaring the same to be vacated. Such vacation shall require the approval of the City Council in the same manner as for plats of subdivisions. The City Council may reject any such insmxment which abridges or destroys any public rights in any of its streets or utility right-of-ways. Such an instrument shall be approved and recorded in the same manner as plats or subdivisions. After being recorded, such instrument shall nullify the :1 Fridley City Code — Secrion 211 Page 17 recording of the plat so vacated and divest all public rights in the streets, and public grounds and all dedications laid out or described in such plat. 2. When lots have been sold, the plat may be vacated as stated above, provided that all the owners of lots in such a plat join in the execution of such instrument. 3. Platted azeas may be replatted, provided that they follow the provisions of this Chapter. 211.11. PENALTIES Any violation of this Chapter is a misdemeanor and is subject to all penalties provided for such violations under the provisions of Chapter 901 of this Code. 211.12. FEES The fee for subdivisions (lot split, plat, or Registered Land Survey) of land are provided for in Chapter 11 of this Code. � / f CffY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF MAY 22, 2000 DATE: May 19, 2000 TO: William W. Burns, City Manager c�� a� FROM: Barbara Dacy, Community Development Director Grant Fernelius, Housing Coordinator SUBJECT: Consider Resolution Designating Blighted Properry in the Gateway East Pro'ect Area Attached is a resolution that needs to be adopted by the City Council at their May 22, 2000 meeting. The resolution identifies the duplex at 349-353 57tn Place as a blighted properry. A similar resolution was adopted by the HRA at their May 4"' meeting. The blight determination is required in order for the City and HRA to include the parcel in a tax increment financing (TIF) district. Action on the TIF district is tentatively scheduled for sometime this summer after a developer has been selected. In the meantime, the HRA can demolish the structure to prepare the site for redevelopment. Recommendation Staff recommends that the City Council adopt the attached resolution designating certain properties in the Gateway East Project Area as blighted. Enclosure M-00-83 �; Page 1 - Resolution No. CITY OF FRIDLEY COUNTY OF ANOKA STATE OF NIINNESOTA RESOLUTION NO. A RESOLUTION DETERMINING THAT A CERTAIN PARCEL IS OCCUPIED BY STRUCTURALLY SUBSTANDARD BUILDINGS AND IS TO BE INCLUDED IN A TAX INCREMENT FINANCING DISTRICT BE IT RESOLVED by the City Council (the "Council") of the City of Fridley, Minnesota (the "City") as follows: Section 1. Recitals. 1.01 The Housing and Redevelopment Authority in and far the City of Fridley (the "Authority") has considered the acquisition and/or redevelopment of a parcel identified as follows (the "Parcel"): 349-353 57`'' Place PIN 23-30-24-24-0076 1.02 Minnesota Statutes, Sections 469.174 through 469.179, inclusive, as amended and supplemented from time to time (the ,"Tax Increment Act") provides for the establishment of a Tax Increment Financing District as a redevelopment district. The Tax Increment Act allows for the inclusion of parcels within a redevelopment district after substandard buildings have been removed by complying with Minnesota Statutes 469.174, Subd. 10(b). Section 2. Findines. 2.01 The Council hereby finds that the acquisition and/or redevelopment of the Parcel furthers the goals and objectives of the Redevelopment Plan. 2.02 The Council hereby finds that the Parcel is occupied by a structure or structures that are vacated and structurally substandard as defined in the Tax Increment Act and that the structures must be demolished and removed from the Parcel. : Page 2 - Resolution No. 2.03 The Council hereby finds that the Authority intends to demolish or cause to be demolished the substandard buildings and to prepare the Parcel for redevelopment. Section 3. Declaration of Intent. 3.01 The Council hereby declares its intent to demolish or cause to be demolished the substandard buildings and to include the Parcel within a type of tax increment financing district known as a redevelopment district. The Parcel shall have been occupied by substandard buildings within three years of the filing of the request for certification of the Parcel as part of a district with the Anoka County Auditor. Section 4. Notice to Count�Auditor. 4.01 If the City establishes a tax increment financing district and includes the Parcel, then upon filing the request for the certification of the tax capacity of the Parcel as part of such district, the City shall notify the Anoka County Auditor that the original tax capacity of the Parcel must be adjusted as provided in Minnesota Statutes, Section 469.177, Subd. 1, Para. (h). PASSED AND ADOPTED BY THE COUNCIL OF THE CITY THIS DAY OF _ 2000. ATTEST: DEBRA A. SKOGEN - CITY CLERK G:�WPDATA\F�FRIDLEY\30\TIF\BLIGHT RES-DUPLEX-CITY.DOC . � NANCY JORGENSON - MAYOR � � CfTY OF FRIDLEY Date: 5/11 /00 AGENDA ITEM CITY COUNCIL MEETING OF MAY 22, :Z000 To: William Burns, City Manager�� From: Paul Bolin, Planner Scott Hickok, Planning Coordinator Barbara Dacy, Community Development Director RE: VAR #00-06 (Great Lakes Chinese Restaurant Sign Variance) 84 M-00- INTRODUCTION Great Lakes Chinese restaurant is seeking to increase the size of a freestanding sign from 80 square feet to 92 square feet. The existing pylon sign is 92 square feet, 12 square feet more than allowed by code, and was erected without a permit. Mr. Huynh, petitioner has owned the business at 7890 University Avenue since early 1998. APPEALS COMMISSION ACTION At the May 10, 2000 Appeals Commission meeting, a public hearing was held for VAR #00-06. After a lengthy discussion that included mention of the petitioner's lack of hardship and this sign size being inconsistent with recent history and the City's Comprehensive Plan objectives, the Appeals Commission voted to recommend denial of the variance request. The motion carried unanimously. PLANNING STAFF RECOMMENDATION City Staff recommends the City Council concur with the Appeals Commission recommendation of denial for VAR #00-06, as the request does not meet the four conditions required for approval in Section 214.21.02 of the City Sign Code. : VAR-00-06 REQUEST Great Lakes Chinese restaurant is seeking to increase the size of a free standing sign from 80 square feet to 92 square feet; and to place a free-standing sign 5' from the property line rather than the code requ.irements locating the sign 10' from any driveway or property line. The existing pylon sign is 92 square feet, 12 square feet more than allowed by code, and was erected without a permit. Mr. Huynh, petirioner has owned the business since eazly 1998. CODE REQUIREMENTS Section 214.11.2.B allows the maximum size of a pylon sign to be 80 sq. ft. in area. The petirioner existing sign, installed without a sign pemut or variance approval, is 92 sq. ft. in size. SITE HISTORY Early in 2000 City Staff noticed that an approximately 32 square foot sign, stating "Kids Eat Free" had been attached to the existing pylon sign without a pemut. Upon further investigation, it was detemuned that the petitioner had not obtained sign peimits for any of the existing signs and that the pylon sign itself was 92 square feet and that a variance would need to be granted for the sign's continued existence. This site was platted in 1962 and a restaurant was built in 1977. Since the original restaurant building was constructed in 1977, it has been occupied by a number of different restaurant tenants. The numbers of sign permits issued to this property indicate the number of times the restaurant building has changed names. Sign permits were issued in 1978, 1983, 1986, 1987, 1988, and 1996. The current tenant, Great Lakes Chinese Restaurant installed the current signs in 1998 without a permit. As part of N1r. Huynh's City licensing process for his business, in March of 1998 the City's Code Enforcement Officer sent Mr. Huynh a letter stating the City's concern with the various "temporary" and permanent signs that were being displayed at the site. The letter went on to request that Mr. Huynh contact the City Planning Assistant to determine the most appropriate application of Fridley Sign Code regularions for his property. Mr. Huynh did not respond to the letter. In February, 2000 a criminal citation for the installation of the "Kids Eat Free" sign without a pernut was issued and is currently being handled by the City Attorney. To date, the petitioner still has not submitted sign pernut applications for the existing wall signage that was also erected without a permit, despite being instructed to do so by the City of Fridley in a letter dated Febniary 18, 2000. FOUR CODE CONDITIONS REQUIRED FOR SIGN VARIANCE APPROVAL Before the Commission sha11 grant a variance, it is the responsibility of the applicant to meet the four conditions required to be met in Section 214.21.02 of the City Sign Code. 'The petitioner has met none of the four conditions required for sign variance approval. Therefore, by Code, the sign variance should not be granted. The four requirements and an explanation of how the petitioner has failed to meet these mandatory requirements are listed below. : . 1. Exceptional or extraordinary circumstances applicable to the property or to the intended use that do not apply generally to other property in the same vicinity and district. The circumstances surrounding the location of this property are neither exceptional nor exh-aordinary�. The subject property contains a single occupant with direct frontage on University Avenue. The buil�3ing irrunediately to the north is also a restaurant with a similaz lot layout and only an 80 square foot sign. 'The building to the west is a mulri-tenant commercial building and has one 80 square foot pylon sign whiclh is dedicated to the primary tenant (Main Event). No single occupant building's pylon signs located near tlus vicinity in Fridley exceed the 80 square foot requirement. 2. That the variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and district, but which is denied the property in question. Contrary to the petitioner's attorney, larger than code signs are not a properry right possessed by oth.er properties within the same vicinity. The petitioner and his attorney state that, "the City alleges sign itself is merely 12 square feet over the limit". The key words are over the limit. The City code requires signs be no larger than 80 square feet, 92 square feet is over the allowable square footage. The petitioner and his attorney point to Bob's Produce / Lyndale Garden Center as being a sign lazger than code allowed in this vicinity. The differences between Bob's sign size, which obtained a variance; and pemuts prior to installation, and the petitioner's request are numerous. Bobs Produce & Lyndate Garden Center, which do not have direct frontage on Universiry Avenue, have enough property to earh have their own individual lot and individua180 square foot signs. Rather than construct the two separa�te 80 square foot signs, the owners of both businesses applied to the City for a variance to allow them tc� construct a 120 square foot sign to serve as the pylon for both properties. The variance was granted and permits issued prior to installation of the sign. 3. That the strict application would constitute an unnecessary hardship. Ciry staff feels there is no real hardship. Strict application of the code would require reducing the sign to 80 square feet. The petitioner's attorney indicates that the hardship is that Mr Huynh has spent $9,987.53 for the design, construction, and erection of the sign. If one examines the attached invoices, the actual cost of the lazger than code pylon sign was $5,000. The $987.53 in design cost is actually for wall signs and was billed to Goutmet Village in October 1997. Regardless of what the actual costs incurred by the peritioner, according to MN State Statutes, money alone is not a hardship. Had the petitioner applied for a sign pernut, as the City's former Code Enforcement Of�icer encouraged him to do in a letter dated March 25, 1998, the peritioner would have constructed a sign that met Code requirements. 4. That the granting of the variance would not be materially detrimental to the public health, safety or general welfare, or detrimental to the property in the vicinity or district in which the property is located. : The petitioners attorney implies that if the variance is denied that the petitioner will simply cut off a portion of the sign, to meet the size requirements, and leave an unsightly sign. To quote Mr. Verbrick, "Theoretically, Mr. Huynh could hire someone to shave off the top 16" of the sign to bring it within compliance with the Code. However, in doing so, the sign will be aesthetically unbalanced and the result would be one ugly, albeit code compliant, sign." The existing sign, if variance is �anted would require a sign permit as would a modification of the existing sign, if variance is denied. Section 214.15 of the City Code states that the issuance of a pernut may also be subject to additional conditions in order to promote conformity with other properties in Fridley. A possible stipulation on the sign peimit would be that the sign text be centered and balanced, thus eliminating the possibility of Mr. Huynh hiring someone "to shave off the top 16 of the sign". A local sign contractor has indicated to City Staff that it would be possible to utilize the existing sign faces by neatly trimming excess off of the top and bottom of the sign faces and creating a new sign box to place them in. Recent sign variances along University Avenue for single occupant buildings have been denied. These variances for sign size include the Freedom Station at University & Osborne and the Texaco Station at University & 73`� Avenue. The only two variances granted to increase the size of a sign along University Avenue in the past 5 years, were granted to multi-tenant buildings (Bachmans & University Business Center). Neither of these variances are comparable to this request. The variance granted to Bachman's was to increase the size of a freestanding pylon to 120 square feet. There were several unique factors in granting this variance that are not applicable to this property. In the case of Bachman's, the size of the sign was granted in order to avoid placing two 80 square foot signs on adjacent (yet separate - ie. both developments/lots meet size requirements and building setbacks) developments. This 120 square foot sign approval required a covenant be placed on the undeveloped lot preventing the installation of a free standing sign on that lot once developed. Due to the fact that each of these lots near Bachman's are buildable, by Code, each lot is considered a separate development. The variance granted to University Business Center is for a 16 unit multi-tenant commercial building and increased the sign size to 130 square feet. RECOMMENDATIONS City Staff recommends denial of this variance request. • Petitioner has no statutory defined hardship. • No comparable variances have been granted over the past five years. • Granting of this variance would set a precedent for increasing sign size for single occupant commercial buildings along Univeisity Avenue. • The precedent set by the granting of this variance would encourage businesses to erect larger than Code signs without a permit and then seek a variance once a criminal citation has been issued. STIPULATIONS City Staff recommends if the variance request is granted that the following stipulations be attached to approval. : : 1. Petitioner shall immediately apply for sign permits for all signage, including the existing pylon and wall signs. 2. This variance shall remain in effect unless any of the following occur: A. The sign is altered in any way, except for routine maintenance, which makes the sign less i�n compliance with requirements. B. The supporting sttuchue of the sign is replaced or remodeled. C. The face of the sign is replaced, remodeled, or name of the business being displayed on this sign is changed D. The sign becomes dilapidated or damaged and the cost of bringing it into compliance is more than 50% of the value of the sign, at which time all of the sign and its structure to be removed. .. CITY OF FRIDLEY APPEALS COMISSION MEETING MAY 10, 2000 PUBLIC HEARING: VARCH NESE RESTAURANT00-06 BY THANH HUNG HUYNH GREAT LAKES Per Section 214.11.02.B of the Fridley Sign Code, to increase the allowable square footage of a free-standing sign from 80 square feetBlock 1pEast Ranch allow the continued existence of an existing sign on Lot 1, Estates, 2"d Addition, generally located at 7890 University Avenue. MOTION by Mr. Jones, seconded by Dr. Vos, to open the public hearing and waive the reading. UPON A VOICE VOTE, ALL VOTING AYE, C EA'RING WAS OPENED AT 7:43 P.M THE MOTION CARRIED AND THE PUBLIC H Mr. Bolin stated that the petitioner is seeking to increase the size of a free-standing sign from 80 square feet to 92 square feet to allow the continued use of an existing sign. This existing pylon sign was illegally installed without a sign permit or prior variance approval. The property is located at 7890 University Avenue and is zoned C-3, General Shopping District. The lot was platted in 1962, and the existing restaurant building was constructed in 1977. The sign permits were granted to this property in 1978. In 1996, a permit was issued to Gourmet Village. In 1998, the current sign was put up without a permit. Mr. Bolin stated the petitioner is going through this variance process two years after the sign was put up, because the "Kids S� ff d sc'ove ed that none oa theas gns on he ��ted for being erected without a perm property had ever been issued permits. The size of the pylon sign was 92 square feet and needed a variance. The "Kids Eat Free" sign has been removed. Permits have never been issued for the other wall signs on the property also. Mr. Bolin stated that the summary of the petitioner's hardship is: "Given that the sign frame in question has existed prior to Mr. Huynh purchasing the business and that the sign frame in question was allowed to exist under the ownership of the prior business Mr. Huynh maintains the prior existing sign frame constitutes an exceptional or extraordinary circumstance." Mr. Bolin stated that the City Code and State Statutes are specific as to what criteria needs to be met prior to granting of a sign variance. 1. Exceptional or extraordinary circumsenerall a opo'there ro tertpinthey or to the intended use do not apply g Y p p y same vicinity and district. .� APPEALS COMMISSION MEETING, MAY 10, 2000 PAG E 2 The sign code in Fridley is uniformly enforced. There are no single occupancy buildings where pylon signs in the vicinity exceed 80 square fE;et in size. The Appeals Commission and the City Council denied size requests for the Texaco/Taco Bell and the Freedom station located along Universit;y Avenue. 2. That the variance is necessary for the preservation and enjoyment o1F a substantial property right possessed by other property in the same vicinity and district but which is denied the property in question. Larger than code signs are not a property right possessed by others in the� same vicinity. The petitioner does have pylon and wall sign opportunities lthat would meet code. It is a highly visible sight, so an excessively large sign i;s not needed. Any larger than code signs along that stretch of University Avenue are for multi-tenant properties that have unique hardships and who have gone through the variance process and been approved with stipulatic►ns. 3. That the strict application of the sign code would constitute an unnecessary hardship. There is no real hardship. Money alone would not constitute an unnecess��ry hardship. There was a letter sent to Mr. Huynh in 1998 instructing him to apply for sign permits. Had the petitioner applied for the sign permits, he would have been required to construct an 80 square foot sign. 4. That the granting of the variance would not be materially detrimental to the public health, safety, or general welfare, or detrimental to the property in the vicinity or district in which the property is located. The existing sign could easily be modified to meet code. Granting of the variance would be detrimental as it would set a precedent for increasing sign size for single occupancy commercial buildings along University Avenue. To date, this has not been done. The drafts of the comprehensive plan indicatE; that the image along University Avenue is a high priority. Granting larger th;an code-required signs does not meet that intent. The granting of this variance� would also encourage businesses to erect signs that are larger than code without permits and then come and seek a variance once a citation has bee�n issued. City Staff recommends denial due to no statutory defined hardship and that no comparable variances have been granted over the past five years. Granting of the sign would be detrimental. If granted, Staff recommends that stipulations be attached. Mr. Kuechle asked how often signs are erected without a permit. Mr. Bolin stated that it happens. There have probably been four cases in the last year and a half. This is the first one where the size of the sign has been larger than what is allowed. The other cases were a matter of getting the sign contractors to pull the propE;r permits, pay investigation fees, and go to court for criminal citations. 91 APPEALS COMMISSION MEETING, MAY 10, 2000 Mr. Kuechle asked if there is a criminal citation if they do not get a permit. PAGE 3 Mr. Bolin stated, yes. The sign contractor, business owner, and the property owner can be charged. The attorney representing Mr. Huynh, Mike Verbrick, stated that the frame of the sign was constructed sometime in 1996. The previous owner erected the sign sometime in 1996, possibly 1997. Mr. Huynh simply changed the faces of the sign sometime in 1997 or 1998. The previous owner had some sort of variance for the frame of the sign. The previous owner had permission and had the sign the size that it is. The problem is that there was some stipulation in that paperwork that if the sign faces were changed, the new owner would have to come in for a variance. Mr. Huynh did not do that because he cannot read English. He was not purposefully trying to skirt the law. He lived in a war zone in a communist country and came to America as a refugee. He paid $10,000 for the sign faces. The sign, according to the City, is twelve square feet over the limit. The neighborhood and its character is appropriate for that kind of sign because it is not noticeable when driving down University Avenue. Mr. Huynh is being criminally prosecuted for this sign and there is a court date on May 23 to discuss the constitutionality of the sign code. It is their position that the sign code is unconstitutional. The Fridley Sign Code is pretty clear that the erector of the sign has the responsibility for getting the permit o s ble fo S pply ng for the vtar ance n the'f i stt d o t h a t. S i n c e M r. H u y n h w a s n o t r e s p place and is being criminally prosecuted, he thinks he has suffered enoug h. Mr. Kuechle asked if there was a variance in 1996 for the 92 square foot sign. Mr. Bolin stated that the variance was back in the late 70s or early 80s. It was stipulated at the time that the business could have the larger sign face, but any further changes after Gourmet Village required another variance. The petitioner's criminal citation and the variance request are not related. The City Attorney is handling the criminal citation given for the "Kids Eat Free" sign. MOTION by Dr. Vos, seconded by Mr. Jones, to close the public hearing. UPON A VOICE VOTE, ALL VOTIE PU LEC HEA�RING WAS CLOSED AT 8:03 P.M THE MOTION CARRIED AND TH Dr. Vos stated they have gone through many battles with Osborne and University Avenue with sign companies trying tolgettvoari antea var ance 92 feetl for th s restau ant�. feet for gas stations, and he is not wi g g Mr. Jones stated this would be inconsistent with everything else they have done here. The other businesses had much more of a hardship as far as being able to see signs. He is not sure why the sign company did not realize what they were doing, but they blew it big time. 92 APPEALS COMMISSION MEETING, MAY 10, 2000 PAGE 4 Mr. Kuechle stated he concurred. The petitioner was perhaps taken advantage of by the sign company in not seeking a permit. He would recommend denial to City Council. MOTION by Mr. Jones, seconded by Dr. Vos, to recommend denial of variance request, VAR #00-06, by Thanh Hung Huynh, Great Lakes Chinese Restaurant. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Kuechle stated that this variance request would go to the City Council on May 22. 93 = AGENDA ITEM CITY COUNCIL MEETING OF MAY 22, 2000 ClTY OF FRIDLEY INFORMAL STATUS REPORTS .,