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01/22/2001 - 4739� � -� � urror FRIDLEY FRIDLEY CITY COIINCIL MELTING � ATTENDENCE SHEET Mvnday, 7anuany 22, 2001 " 7:30 P.M. PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN PRINT NAME (CLEARLY) ADDRESS ._ �. r � ITEM NTTMRF!7? � i � % .��_/I r �7'1. � / `? f�i � �� .� �..+ /, � � L � � {_ ✓� J�-- v� `� c.' .,.,� C�� , ? S �� : y L< t� c_ ' ' �^ �-- �v� �� , �� :,� < �, � � �' j � ` y_ i �°v i� '1 �! ' �:.,i � �f �J �. � i , 2.. � L, �; � �, �j' ,�--, ;�l �� . � � ��,�... - . c r--<— �_ r � _ �'-i1,% nc�,— �.,. =k��t-�,-�i � �,��' l �� - �"�� i G � � '% i -� '.' , , � � ' " � ` �` C��'� l r � C•_�•1G l( () j� j.L- 1_i `� �,VC� � L C lY �`' i- G c �._ , �G!:� :��' i2.,�/�"i �nS � ,J� /�; -�G� � � �� 4,,,.� � , „ � ,c ._� ,�, - , _ ., :' -. .� , -. _ . �� T �, t, , , . .. 2 �t,_., : � '- - 7 ,.!Cr-==: `� , f�"� � � � � [', • — _ . � ,: ��1,�.� �11;� _:�,.1 ,, � � � ; �� , � � � _ � 1 J ( i, . � , . . � ` , / .._.. !%� .Y - ��—�"�l � . -�' �-� / _ � ,�'��- (�' / i�.i -C �i< <) c �, ,.p — < �7 = p � r R r— � � CITY COUNCIL MEETING OF JANUARY 22, 2001 CRY 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: Fridley Jaycee Week: January 21 — 27, 2001 APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Councii Meeting of January 8, 2001 NEW BUSINESS: 1. Receive the Minutes of the Planning Commission Meeting of January 3, 2001 - ................................................. � � FRIDLEY CITY COUNCIL MEETING OF JANUARY 22, 2001 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 2. Award Contract for 2001 Miscellaneous Concrete Curb and Gutter and Sidewalk Project No. 338 - ....................................... 8 10 0 L 3. Resolution Ordering Improvement, Approval of Plans and Specifications and Ordering Advertisement for Bids: Street Improvement Project No. ST. 2001 — 10 (Sealcoat) ..................................................... 11 - 13 4. Resolution Ordering Improvement, Approval of Plans and Ordering Advertisement for Bids: Sanitary and Storm Sewer Lining Project No. 337 .................................................................................................... 14 - 18 5. Resolution in Support of an Applic�tion for a Minnesota Lawful Gambling Premise Permit for Fridley Totino Grace High School (Sharx Night Club) (Ward 3) ............................................................................... 19 - 20 6. Resolution in Support of an Application for a Minnesota Lawful Gambling Premise Permit , for Fridley Totino Grace High School (Spikers Grille & Beach Club) (Ward 2) ................................................................. 21 - 22 � 0 FRIDLEY CITY COUNCII� MEETING OF JANUARY 22, 2001 PAGE 3 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 7. Resolution Establishing a Tri-City Task Force to Study the Water Quality of Spring Lake ............................................... 23 - 25 K 8. Appointment — City Employee ................................................................. 26 . 9. Claims ...................................................................................................... 27 10. Licenses ...................................................:.............................................. 28 - 30 11. Estimates ................................................................................................. 31 ADOPTION OF AGENDA. � 0 FRIDLEY CITY COUNCIL MEETING OF JANUARY 22, 2001 PAGE 4 OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes. NEW BUSINESS: � 12. First Reading of an Ordinance Amending the Fridley City Code to Add Chapter 223, , Concerning Manufactured Home Parks, Requiring Owners to Pay Relocation Expenses To Displaced Residents Upon Park Closings ................................................ 32 - 48 13. Special Use Permit Request, SP #00-11, by Friendly Chevrolet, Inc., for Storage of New Vehicles and Employee Parking, Generally Located at 1160 Fireside Drive N.E. (Ward 2) ................................................................................................ 49 - 54 14. Informal Status Report ...................................................-.....-:......................... 55 ADJOURN. e � " �o�t+�'s �� . FRIDLEY CITY COUNCIL MEETING OF JANUARY 22 � �` , 2001 �� The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employmen�t°u�i its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regazd 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: Fridley Jaycee Week: January 21 — 27, 2001 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 4. Resolution Ordering Improvement, Approval � � of Plans and Ordering Advertisement for Bids: Sanitary and Storm Sewer Lining Project No. 337 .................................................. 14 -18 5. Resolution in Support of an Application for � � APPROVAL OF PROPOSED CONSENT AGENDA: � a Minnesota Lawful Gambling Premise Permit for Fridley Totino Grace High School (Sharx APPROVAL OF MINUTES: ��QCb� Night Club) (Ward 3) ............................. 19 - 20 City Council Meeting of January 8, 2001 NEW BUSINESS: 1. Receive the Minutes of the Planning Commission Meeting of January 3, 2001 .......................................�.............. 1 - 7 2. Award Contract for 2001 Miscellaneous Concrete Curb and Gutter and Sidewalk Project No. 338 ................................... 8- 10 3. Resolution Ordering Improvement, Approval a of Plans and Specifications and Ordering � Advertisement for Bids: Street Improvement Project No. ST. 2001 — 10 (Sealcoat) ............................................... 11 - 13 6. Resolution in Support of an Application for ' a,, a Minnesota Lawful Gambling Premise Permit for Fridley Totino Grace High School (Spikers Grille & Beach Club) (Ward 2) ............... 21 — 22 7. Resolution Establishing a Tri-City Task Force 13 to Study the Water Quality of Spring Lake....................................................... 23 - 25 8. Appointment — City Employee ............... 26 9. Claims .................................................... 27 � � FRIDLEY CITY COUNCIL MEETING OF JANUARY 22, 2001 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 10. Licenses 11. Estimates .......................................... ADOPTION OF AGENDA. �P�� `� NEW BUSINESS (CONTINUED): 14. Informal Status Report ........................... 55 28 - 30 M c,.rC�. � �i � � n-� v�t .� (� ° %� � ADJOURN. ��1�J .. 31 �� ,� ��.�S OPEN FORUM, VISITORS: Consideration of items not on Agenda —15 minutes. NEW BUSINESS: 12. First Reading of an Ordinance Amending __ .... _. the Fridley City Gode ta Add Chapter 223, `� Concerning Manufactured Home Parks, � ��.,n � ,, Requiring Owners to Pay Relocation �`�� Expenses To Displaced Residents Upon ,p ` •'��,�5 (�2S �i V LCQ ��w�o��cr�Park Closin .. . ....�� .................. 32 - 48 � � l J�- � ��`0�.2 V.a�� t5 � � ��+— C -�.� �� ,� �a�e- �S � �� -e,� ',r�e�;�n��-e- --- CJ � oTe : �,� �-s �, �'o �r �„�`��a � f �� ,A�� - R.6 �Qos�ed ._—� 13. Special Use Permit Request, SP #00-11, by Friendly Chevrolet, Inc., for Storage of New Vehicles and Employee Parking, Generally Located at 1160 Fireside Drive N.E. (Ward 2) .................................... 49 - 54 � . �� t�--� 1(�C(� �..c-e;e:p�" �2�� F�"51� � � �-f- sfi� cJl�r�''�—e. � �r C��b�� s � �.,v� � �- G�ss �� C,�`o'`''�� ° 1 ss � ��-�l p � ) �� S�a� � 6►� �-�.�'� �s � �o�� 1C� .- __---^ ��- �' � or,� l `�� 5� � (;�^"!L 1/`;(� —� ,�-- ��; a�PP^e.�-�a�(�2 snmc�c(�.r � ��p�( C c� �/l �� Q '�.�`� CO.�� ,�` �- 19�x� � � �° V� "o` __ du.� = 1 = =,_ =1 =e F��r .�aY��E w��x - zoot JANt�1ARY 2� - 2T, tOOt WHEREAS, the Jaycees (Junior Chamber of Commerce) recently creczted a new chapter in the City of Fridley, and WHEREAS, in the past, the Fridley Jaycees actiuely involved itself in the life of our community; and WHEREAS, the Fridley Jdycees hczs made numerous financial and seruice contributions to the City, schools, chczritable organizcztions and individuals; and WHEREAS, the Fridley Jczycees hczs adopted the bczsic tenets of purpose of brotherhood, free enterprise, government of laws, human personczlity, and service to humcznity. NOW, THEREFORE, BE IT RESOLVED, that I, Scott J. Lund, Mayor of the City of Fridley, hereby proclaim the week of January 21 through 27, 2001, as FRIDLEY JAY�EE WEEK in the City of Fridley, and urge czll citizens to recognize the importance of community service. THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF JANUARY 8, 2001 The Regular Meeting of the Fridley City Council was called to order by Mayor Jorgenson at 7:30 p.m. PLEDGE OF ALLEGIANCE: Mayor Jorgenson led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayar Jorgenson, Councilmember Barnette, Councilmember Billings, Councilmember Wolfe, Councilmember Bolkcom, and Mayor-Elect Lund MEMBERS ABSENT: None OATH OF OFFICE - MAYOR AND COUNCILMEMBER-AT-LARGE: Ms. Skogen, City Clerk, administered the Oath of Office to Scott Lund for position of Mayor. N1s. Skogen, City Clerk, administered the Oath of Office to Robert Barnette for the position of Councilmember-at-Large. Mayor Lund took his place on the bench to continue the meeting. Mayor Lund stated that he realized he had some pretty big shoes to fill with the likes of Nancy Jorgenson and Bill Nee before her. He said he hoped to be a good listener and make the right decisions. The decisions may not always be well received, but he asked that people try to keep in mind that they are for the good of the community. He said he was very honored to serve the community in this capacity. Councilmember Barnette stated that he was proud to be a member of the City Council. He said he has been a resident of Fridley since 1956, and did not think he would like to live anyplace else. PROCLAMATIONS: Nancy J Jorgenson Appreciation Day - Januarv 9, 2001 Mayor Lund stated that Nancy J. Jorgenson leaves public office with a reputation for leadership, honesty, integrity, and commitment to the residents and businesses of Fridley. Ms. Jorgenson, former Mayor, stated that fourteen years of service was a long time. She said she enjoyed it and also liked working with all of the Councilmembers. She said the City of Fridley was fortunate to have the Council and she looked forward to working with the Council on various issues. At the end of the month, Ms. Jorgenson said she hopes to be able to work on the Charter Commission. FRIDLEY CITY COiTNCIL MEETIN� MINUTES OF JANUARY 8, 2001 PAGE 2 Ms. Jorgenson thanked Council and City Staff. A C C E P T Day - Januarv 15, 2001 Mayor Lund stated that A.C.C.E.P.T. Day was formed in 1997 to educate and to promote the appreciation of diversity among children, youth and families. APPROVAL OF PROPOSED CONSENT AGENDA: MOTION by Councilmember Barnette to approve the proposed consent agenda. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES: City Council Meeting of December 11, 2000 APPROVED. City Council Meeting of December 18, 2000 APPROVED. OLD BUSINESS: 1. SECOND READING OF AN ORDINANCE AMENDING SECTIONS 205.04 AND 205.07 OF THE FRIDLEY CITY CODE PERTAINING TO FRONT YARD SETBACKS ZONING TEXT AMENDMENT ZTA #00-03 BY THE CITY OF FRIDLE�: Mr. Burns, City Manager, stated that the legislation allows the reduction of front yard setbacks from 35 feet to 25 feet. Council approved the first reading of this ordinance on December 18. Staff recommended Council's approval. WAIVED THE READING AND ADOPED ORDINANCE NO. 1147 ON THE SECOND READING AND ORDERED PUBLICATION. 2. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF DECEMBER 20, 2000: RECEIVED THE MINUTES OF THE PLANNING COMMISSION MEETING OF DECEMBER 20, 2000. FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY S, 2001 PAGE 3 3. CONSIDERATION OF SPECIAL USE PERMIT, SP #00-13, BY STEVE FISCHER AND GEN ZELAZNY. TO ALLOW THE CONTINUED EXISTENCE OF A SECOND ACCESSORY STRUCTURE OVER 240 SQUARE FEET IN SIZE (GENERALLY LOCATED AT 6085 OLD CENTRAL AVENUE N.E.) (WARD 2): Mr. Burns, City Manager, stated that the owners, Steve Fischer and Gen Zelazny have " recentiv constructed a new home with an attached garage. This motion allows an existing garage�to stand at 6085 Old Central Avenue. Staff recommended Council's approval with - the following five stipulations. � APPROVED SPECIAL USE PERMIT, SP #00-13 WITH THE FOLLOWING FIVE STIPULATIONS: 1) AT STAFF'S DISCRETION, INSPECTIONS MAY BE CONDUCTED OF THE AREA BETWEEN THE TWO GARAGES AND, IF FOUND TO BE REGULARLY USED AS A DRIVEWAY, A HARD SURFACE DRIVE SHALL BE CONSTRUCTED; 2) THE STRUCTURE SHALL NOT BE USED FOR A HOME OCCUPATION; 3) ALL VEHICLES SHALL BE STORED ON A HARD SURFACE AS APPROVED BY THE CITY; 4) TOTAL SQUARE FOOTAGE OF ALL ACCESSORY STRUCTURES MUST NOT EXCEED 1,400 SQUARE FEET; AND 5) THE SIDING AND ROOF MATERIALS SHALL CONTINUE TO MATCH THE EXTERIOR OF THE EXISTING HOME. 4. APPROVE 2001 DEVELOPMENT REVIEW SCHEDULE FOR THE PLAI�TNING COM�iISSION AND APPEALS COMMISSION: Mr. Burns, City Manager, stated that this action establishes the deadlines for various phases of the land use approval processes that the Planning Commission and the Appeals Commission oversee. These actions and dates allow the City to stay within the State's sixty-day action requirement on these matters. Staff recommended Council's approval. APPROVED 2001 DEVELOPMENT REVIEW SCHEDULE. 5. RESOLUTION NO. 1-2001 AUTHORIZING AND DIRECTING THE SPLITTING OF SPECIAL ASSESSMENTS FOR THE KURT ADDITION: Mr. Burns, City Manager, stated that the action provides for the reassignment of special assessments to conform to the subdivision of property. The assessments are for Anoka County's Main Street improvement project. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 1?-2001. 6. RESOLUTION NO. 2-2001 ADOPTING AN ASSESSMENT FOR 7105 EAST RIVER ROAD (WARD 3): Mr. Burns, City Manager, stated that the assessment is for a street improvement project that ��as certified for assessment in 1996. When the certification occurred, 710� East River Road was inadvertently left out. The owners have signed an agreement waiving their rights to any objection. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 2-2001. FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY 8, 2001 PAGE 4 7. RESOLUTION NO. 3-2001 DESIGNATING AN OFFICIAL NEWSPAPER FOR THE YEAR 2001: Mr. Burns, City Manager, stated that the resolution designates Focus News as the official legal newspaper for the City of Fridley for 2001. Staff also recommended that Star Tribune be the City's second official newspaper for 2001. Staff recommended Council's approval. ADOPTED RESOLUTION NO. NO. 3-2001. 8. RESOLUTION NO. 4-2001 DESIGNATING OFFICIAL DEPOSITORIES FOR THE CITY OF FRIDLEY: Mr. Burns, City Manager, stated that the resolution appoints Wells Fargo Bank as the City's official depository for 2001. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 4-2001. 9. RESOLUTION NO. 5-2001 AUTHORIZING A CHANGE IN MILEAGE REIMBURSEMENT RATES FOR THE 2001 CALENDAR YEAR: Mr. Burns, City Manager, stated that the Internal Revenue Service has increased the allowable mileage reimbursement rate from $0.325 to $0.345. Since the City has traditionally adjusted its mileage reimbursement rate to the IRS rate, staff recommended Council's approval. ADOPTED RESOLUTION NO. 5-2001. 10. RESOLUTION NO. 6-2001 DESIGNATING OFFICIAL CHECK SIGNERS FOR THE CITY OF FRIDLEY'S FLEXIBLE SPENDING ACCOUNT: Mr. Burns, City Manager, stated that the resolution provides that Donna Wetterlin and Shannon Nealy from Flex Compensation, Inc. shall be permitted to sign flexible benefit checks for the City of Fridley. Flex Compensation, Inc. is the administrator for the City's employee flexible benefit program. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 6-2001. 11. RESOLUTION NO. 7-2001 DESIGNATING A DIRECTOR AND ALTERNATE DIRECTOR TO THE SUBURBAN RATE AUTHORITY: Mr. Burns, City Manager, stated that staff recommended that the Public Works Director and the Assistant Public Works Director be appointed as the City's representatives to the Suburban Rate Authority. The SR.A monitors the proposed rate increases of the utility companies and files the appropriate actions with the State Public Utilities Commission on behalf of the suburban communities. ADOPTED RESOLUTION NO. 7-2001. FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY 8, 2001 PAGE 5 12. RESOLUTION NO. 5-2001 IMPOSING LOAD LIMITS ON PUBLIC STREETS IN THE CITY OF FRIDLEY, MINNESOTA: Mr. Burns, City Manager, stated that this resolution restricts certain sized vehicles from certain City streets March 13, 2001 through May 15, 2001. The restriction generally applies to trucks that carry more weight than four tons per axle. It allows, however, that trucks carrying up to nine tons per axle are allowed to travel on certain streets. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 8-2001. 13. APPOINTMENTS: Mr. Burns, City Manager, stated that the first appointment is to the position of Interpretive Specialist at Springbrook Nature Center. Staff recommended the appointment of Tara Rogness to this position. Tara is a former seasonal employee at the nature center and most recently an employee at the Wood Lake Nature Center in Richfield. Mr. Burns stated that that the second appointment is to tlie position of Assistant Public Works Director. Staff recommended the appointment of Layne Otteson. Layne is currently serving with the City of Shakopee as an Engineering Technician III. In addition to his work for the City of Shakopee, Layne has worked for Roger A. Anderson Engineering, Inc., and for WSB and Associate, Inc. as a Project Engineer. Layne has a degree in Civil Engineering from the University of Minnesota. Councilmember Wolfe stated he would like this removed for discussion. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA AFTER ITEM NO. 17. 14. CLAIMS: APPROVED PAYMENT OF CLAIM NOS. 97179 THROUGH 97469. 15. LICENSES: APPROVED ALL LICENSES AS SUBMITTED AND AS ON FILE WITH THE LICENSE CLERK. ADOPTION OF AGENDA: MOTION by Councilmember Bolkcom to adopt the agenda with the addition of Item No. 13 to the regular agenda. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY 8, 2001 PAGE 6 OPEN FORUM,VISITORS: No person from the audience spoke. OLD BUSINESS: 16. APPOINTMENT TO THE FRIDLEY HOUSING AND REDEVELOPMENT � AUTHORITY (TABLED DECEMBER 18, 2000): � MOTION by Councilmember Bolkcom to remove this item from the table. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mayor Lund stated that Mr. Jay Bajwa has asked to be appointed to the Housing and Redevelopment Authority to fill the vacancy of Mr. Jim McFarland. Mr. Bajwa met with staff and has been recommended for this appointment. MOTION by Mayor Lund to appoint Mr. Bajwa to the HRA opening. Seconded by Councilmember Bolkcom. , UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. NEW BUSINESS: 17. 2001 CITY COUNCIL AND STAFF APPOINTMENTS: MOTION by Councilmember Bolkcom to appoint Robert Barnette to Mayor Pro Tem. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Billings to appoint Councilmember Barnette to the Anoka County - Law Enforcement Council. The alternate is Councilmember Wolfe. Seconded by Council- member Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ` MOTION by Councilmember Barnette to appoint Mayor Lund as delegate and Councilmember � Bolkcom as alternate to the Association of Metropolitan Municipalities. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY 8, 2001 PAGE 7 MOTION by Councilmember Barnette to appoint Councilmember Billings as delegate and Mayor Lund as alternate to the League of Minnesota Cities. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Mayor Lund to appoint Councilmember Barnette as Delegate and Councilmember Bolkcom as alternate to School District Nos. 13 and 14. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Barnette to appoint Councilmember Billings as delegate and Councilmember Wolfe as alternate to School District No. 16. Seconded by Councilmember Bolkcom. Councilmember Billings asked if this organization actually exists. He indicated that he has been appointed to this for the last thirteen years and has never been to a meeting. Mr. Burns said he thought the school districts need him appointed as a liaison for their groups. Councilmember Billings stated that each of the school districts used to have a Community Education Advisory Board. Mr. Burns stated that he would clarify that. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mayor Lund stated that a motion is needed to appoint Councilmember Billings and Jon Haukaas to the Northstar Corridor Development Authority. Councilmember Billings stated that there is a Technical Advisory Committee. The current Community Development Director Barb Dacy sits on that board. He said that Council will need to make changes to that appointment in the near future. An additional Councilmember could be involved with this to serve as the alternate rather than our Public Works Director. MOTION by Councilmember Bolkcom to appoint Councilmember Billings as representative with Councilmember Barnette as alternate to the Northstar Corridor Development Authority Committee. Seconded by Councilmember Barnette. • UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Bolkcom to appoint Mr. Burns to the North Metro Convention and Visitors Bureau. Seconded by Councilmember Barnette. Mayor Lund asked Mr. Burns if he would accept the nomination. FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY 8L2001 PAGE 8 Mr. Burns stated that he would accept. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 13. APPOINTMENTS - CITY EMPLOYEES: Councilmember Wolfe stated that he had some questions about this item. He said he was not anti-nature center. He said he believed that the numbers were being fed to Council are doctored. He asked how bad the City needed the Interpretive Specialist position. He said the money was already budgeted. He went to the nature center three times in the last week and a half and found a total of nine cars in the parking lot. He said Council was told that there are 220,000 visitors and that every student in the school district goes there four times per year. He said that everybody would like to cut spending here and there. He said he was frustrated because he never gets a clear answer. Councilmember Wolfe said that Mr. Pribyl, Finance Director, stated that the budget is $280,000 for the money being spent at the nature center with another $50,000 budgeted for a new building. He said that did not include the money that goes into plowing and maintenance. He said he was guessing the City is spending close to $400,000 to $500,000. He said people ask him where the people are that go to the nature center and if the City really needs another staff inember there. He said people are surprised at how much money is spent there. Mr. Burns, City Manager, stated that in 1995, they did cut a staff inember to save expense. Mr. St. Clair is the Naturalist, and there is one Interpretive Speicalist, and a full-time secretary employed there. If there is less staff than that, it is difficult to carry on the education program. The numbers Councilmember Wolfe stated are correct. There is also a part-time employee for maintenance and a part-time employee for seasonal programs. This is a matter of where priorities are regarding the education, environmental and nature programs. The capital is heavy this year because of the new building expense. There has been a lot of vandalism causing damage. Staff is trying to store more equipment inside. Councilmember Wolfe stated that according to the City Charter the City is not allowed to cut down a tree that is mare than four inches in circumference. He asked why the City was going to put in a new building with ail the trees in the way. He said he thought the City was doing things for convenience against what the Charter says. Mr. Burns stated that he is not sure if they will have to cut down trees. Councilmember Bolkcom stated that approving the hiring of an employee is in question tonight. Councilmember Wolfe stated that he is talking about the amount of money being spent and the amount of people that Council is told visit there. He asked if another staff person was really needed. He said he knew the educational programs are part is very important. Mr. Burns stated that eleven percent (11%) of the population participated in the programs. Another thirty-one percent (31 %) of the population visited the nature center. Only twenty-nine percent (29%) of the families in Fridley have children. Councilmember Bolkcom stated that she took offense. She said that Council could say that a lot of money is also being spent at every one of the parks. She said the nature center is something to FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY 8. 2001 PAGE 9 be very proud of. She said it was one of the top things listed in nature magazine for places to visit in the Twin Cities. She said the nature center is a great topic for a conference meeting, but she does not think everyone is trying to tell stories here. She said Council could request a printout every month about the different things that happen at the nature center. She said staff was not making up numbers. The numbers aze people who sign up to participate in the programs. She said that Council gets so hung up on the money thing when a lot of money is also spent maintaining all of the parks. Councilmember Wolfe stated that he checked on two things doing the exact same survey method, and he came up with a 209,000 difference in the number of people that visit the nature center. He went there on a beautiful fall day and sat there all day. He said he was not saying that may not have been accurate. Mr. Kirk, Recreation and Natural Resources Director, stated that they did have two Interpretive Specialists back in 1985. Significant cuts with hours of operation were made and the budgeting for one person was removed. If there is another reduction in staff, he did not see a way the nature center could be open the number of days and hours it currently is. Staff has worked with School District No. 14. In talking with the principals and teachers, the City is seeing all the kids from ist grade through 8�' grade. Staff is under contract with the district and receives tremendous feedback that this is a very positive program. This Interpretive Specialist position is very critical in terms of the environmental education program with the schools. If the City does not have this person, Mr. Kirk said he did not see how they can honor the contract. Maybe the City needs to do a survey of some sort this year to get an accurate number of visitors there. The methods the nature center staff uses to do the surveys seem like reasonable methodology. They interviewed people who came in the building and determined that based on how many people came in the building, they knew that a certain amount of people were in the park that never came in the building. He does not believe that anyone was trying to make up numbers and mislead people. Councilmember Wolfe asked if they could possibly set days when the nature center would be open during the high demand times. Mr. Kirk stated that the Interpretive Specialist is necessary to schedule the environmental education and to cover all of the public programs on Saturdays. Councilmember Wolfe asked why it was only on Saturdays. Mr. Kirk stated that person is also working four days per week with the environmental education cuniculum for the schools. He said it was hard for him to understand how some kids do not participate in the environmental program because that is part of their regular curriculum. They must be skipping class if they do not go on the days that their class goes to Springbrook. The bus brings a whole group of kids. Mayor Lund stated that they were not going to try to rework the nati,tre center that evening. It comes down to the appointment. Maybe without a third person, the programs would not be as enhanced to bring more people there. You cannot really argue the point that they are overstaffed with only three people there now. This issue is about another employee. Councilmember Barnette stated that this is already in the budget. � FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY 8�_2001 PAGE 10 Mayor Lund stated that this will probably continue to come up and this may be a good topic for a conference meeting. Councilmember Wolfe stated that he thought Mr. Kirk does a great job at the nature center. Mayor Lund stated that he sympathizes with his points and thanked Mr. Kirk for his input. 0 Mr. Kirk stated that he does not believe they will need to cut down any trees in the azea for the new maintenance building. . MOTION by Councilmember Bolkcom to approve the appointment of Tara Rogness to Interpretive Specialist. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Burns stated that an additional license needed to be added to the licenses approved earlier. MOTION by Councilmember Wolfe to add the additional license as Item No. 17.5. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 17.5. FRIDLEY ALANO SOCIETY 5925 UNIVERSITY AVENUE TEMPORARY CHARITABLE GAMBLING PERMIT: Mr. Pribyl, Finance Director, stated that this was for a temporary charitable gambling permit. The Police Department performed its normal investigation, and there is no reason for denial. The Alano Society has made this request for a number of years, and there have been no problems. Staff recommended Council's approvaL MOTION by Councilmember Bolkcom to approve the additional license. Seconded by - _. Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Billings asked ifthere was a time duration on the temporary license. Mr. Pribyl stated that there are four temporary applications at four different times during the year. 17. INFORMAL STATUS REPORTS: Mr. Burns stated that he would like to discuss Highway 65 funding after the meeting. Councilmember Bolkcom stated that tonight is Ms. Dacy's last night as Community Development Director. Councilmember Bolkcom stated that Ms. Dacy has done a wonderful job and she will miss her. Ms. Dacy has always brought a very professional manner to all the things FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY 8. 2001 PAGE 11 she has done, has been creative, and not defensive on anything that has been brought up. Councilmember Bolkcom wished Ms. Dacy the best of luck and said she will be a hard act to follow. Councilmember Wolfe stated that Ms. Dacy has been one of the most professional people he has dealt with since being on the Council. He said it was fun agreeing and disagreeing with her. Councilmember Barnette stated that Ms. Dacy will do very well wherever she goes. Councilmember Bolkcom stated there is an open invitation to "Getting Close to the Dream" a presentation for Martin Luther King, Jr. at the Community Center on Martin Luther King, Jr. Day from 3:30 p.m. to 5:00 p.m. ADJOURN: MOTION by Councilmember Barnette to adjourn the meeting. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE JANUARY 8, 2000, CITY COUNCIL MEETING ADJOURNED AT 8:32 P.M. Respectfully submitted, Signe L. Johnson Scott J. Lund Recording Secretary Mayor CITY OF FRIDLEY PLANNING COMMISSION MEETING, JANUARY 3, 2001 CALL TO ORDER: Vice-Chairperson Kondrick called the January 3, 2001, Planning Commission meeting to order at 7:30 p.m. ROLL CALL: Members Present: Dave Kondrick, Dean Saba, Larry Kuechle, Leroy Oquist, Barb Johns Members Absent: Diane Savage, Connie Modig Others Present: Paul Bolin, Planner Scott Hickok, Pfanning Coordinator Ron Stelter, Friendly Chevrolet Representative Joel LeVahn, Attorney for Friendly Chevrolet APPROVE THE DECEMBER 20 2000, PLANNING COMMISSION MEETING MINUTES� MOTION by Mr. Oquist, seconded by Mr. Saba, to approve the December 20, 2000, Planning Commission meeting minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING: Consideration of a Special Use Permit, SP #00-11, by Friendly Chevrolet, Inc., for storage of new vehicles and employee parking, generally located at 1160 Fireside Drive MOTION by Mr. Kuechle, seconded by Mr. Saba, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 7:32 P.M. Mr. Bolin stated that Friendly Chevrolet is requesting a special use permit to allow an automobile sales agency on the property located at 1160 Fireside Drive. Friendly Chevrolet would then use the property as storage for new vehicles and also for some employee parking. The property is currently vacant and was formerly Tam's Rice Bowl. Section 205 of the City Code requires a special use permit for agencies selling automobiles in a C-3 zoning district. The property is located just south of the property zoned C-3 currently owned by Friendly Chevrolet. To the east and the west of this site are mobile home parks zoned R-4. To the south are M-1 industrial areas. Six mobile homes have been added to the mobile home park property to the west, and three mobile homes have been added to the east side of the park. Mr. Bolin stated that the petitioners are proposing 146 parking stalls. The storm water management ponds would be on the south edge of the property. There are two accesses off Fireside Drive. All the parking stalls should meet the size requirement by code. The petitioners have met the code required number and species of trees. 1 PLANNING COMMISSION MEETING, JANUARY 3, 2001 PAGE 2 � Mr. Bolin stated the City Code regarding a special use permit states: The purpose of the . �� special use permit is to provide the City of Fridley with a reasonable degree of discretion in - determining the suitability of certain designated uses upon the general welfare, public health, and safety. In making this determination, the City may consider the nature of the land upon which the use is to be located, the nature of the adjoining land or buildings, the effect upon tra�c into and from the premises or any adjoining roads, and also such other factors that the City shall reasonably deem a requisite of consideration in determining the effect of such use." This means that the City needs to look at the impact of the surrounding properties and see if there is a way for this use to coexist with the surrounding properties. Friendly Chevrolet has a special use permit for their auto sales opertation on the north side of Fireside Drive. Special use permits are parcel specific, rather than owner specific. A new special use permit is required � for this parcel on the south side of Frieside Drive as well. This site's primary use is intended to be used for vehicle storage. Due to the fact that the special use permits are parcel specific, should Friendly Chevrolet ever sell the parcel, a building could be constructed and a full-blown auto sales lot could operate on the property. Mr. Bolin stated that the comprehensive plan gives guidance on the mobile home park. The plan which has been submitted to Metropolitan Council for approval states: "The mobile home park provides a source for affordable housing and should be maintained or enhanced where possible." It also states: "Meeting the challenges that lie ahead will require the cooperation of all segments of the community. Neighborhoods, business people, and the local government will need to focus on the good of the entire community rather than the parochial interest of any one geographical area or segment of the population." Mr. Bolin stated the vehicle storage on this site is not in the best interest of the City that is looking at preserving and enhancing its affordable housing. This use is not compatible with residential properties. This proposed use creates a dilemma between compatibility and aesthetics with security with the bright lighting and the fencing needed. The proposed use is not compatibie with the residenfial properties located to the east and the west. It presents a security risk for vehicles because any screening efforts done to mitigate the impacts of this use on those residential properties runs contrary to crime prevention recommendations of our police department. Staff recommends denial of special use permit, SP #00-11, due to the incompatibility of the use with the adjacent residential properties and the inability to adequately screen the use due to crime and safety concerns. Mr. Kondrick asked who owns the property now. Mr. Bolin stated Friendly Chevrolet does. Mr. Kuechle asked if there is any plan in the comprehensive plan to change the zoning of that parcel. Mr. Bolin stated that it does not get site specific. This entire area was designated as an area for possible redevelopment in the future. Mr. Hickok stated that does not mean that any one of these particular uses are destined to go away, but to be evaluated to determine what is the best and highest use. The statement that talks about preserving affordable housing is important. They do need to maintain diversity of housing stock and integrity of the developments. The land use plan was not site specific, but this is in a potential redevelopment area. They need to pull whatever happens on this parcel 2 PLANNING COMMISSION MEETING, JANUARY 3, 2001 PAGE 3 closer to the principles set out in the text of the comprehensive plan. They need to make things compatible. Mr. Kuechle asked what kinds of things could be in the C-3, General Shopping district. Mr. Hickok stated there is a list of permitted uses in the C-3 district. These uses range from those things permitted in C-1 and C-2 to other permitted uses like small shopping centers, convenience, retail, service-retail, and office. From a compatibility standpoint, there would be commercial uses that may help create or enhance the surrounding area and create synergy for the residential and commercial folks to coexist buildings that would provide convenience or service. Possibly a new twist in residential and commercial having some of each would be compatible. Mr. Kondrick asked whether or not the property should be part of the mobile home parks, providing it is not cost prohibitive. Mr. Hickok stated they have not done an analysis on the outcome of the land value and ultimate use. It could be R-4 residential. Mr. Kondrick stated that would be a logical use there. Ron Stelter, representative of Friendly Chevrolet, stated he disagrees with staff s position regarding security. This site would be for employee parking and new vehicles. The new vehicles would be fifteen white cargo vans. Phil Johnson, the owner of the mobile home park, found the property to be too expensive for an addition to the park. Mr. Kondrick asked Mr. Stelter if he had any problems with the stipulations. Mr. Stelter stated he agrees with all except the one regarding the bollard type lighting. They feel the lighting plan they submitted to the City meets the lighting requirements. The security plan received from the City is pretty vaguely written. They would like until January 22 to remove all the vehicles currently on the lot. If Council does not approve it, they will submit building plans for some other type of business. Mr. Saba asked Mr. Stelter if his concern is that the vehicles parked there now could stay there until January 22. Mr. Stelter stated that employees do park there and they would like to use that space until January 22. Mr. Kuechle asked about stipulation #13 regarding asphalt being removed by January 15. Mr. Stelter stated that is an unreasonable request. They acted quickly in tearing the existing building down because kids were sleeping in there and it is hard to remove that in winter. Mr. Kuechle stated that he could understand that; because with the frost, it is probably not the best way to do it. Mr. Kondrick asked Mr. Stelter about his question about stipulation #12 regarding the security plan. 3 PLANNING COMMISSION MEETING, JANUARY 3, 2001 PAGE 4 Mr. Stelter stated he does not object to that; he just does not understand it. Mr. Kondrick stated that could be ironed out between him and the City. Is the lighting that is there now adequate? Mr. Stelter stated they submitted a plan to the City with the lighting they would like. They can work with the City on this. Joel LeVahn, attorney for Friendly Chevrolet, stated that Roger Moody and Mr. Stelter started this business in September of 1991 with 41 employees. Today they have 173 employees. The median income per employee is $42,000. These are not minimum wage jobs. Their annual sales have grown from $34,000,000 in 1991 to $130,000,000. Their total inventory was about $4,000,000 in 1991, and that has grown to $17,000,000. The real estate taxes payable for the property in 1991 was $52,000. Today they are $123,000. They have put in $4,100,000 in capital improvements since 1991. Mr. LeVahn stated they are very successful businessmen and good people of which the � community can be proud. When the City has come and asked for help on different projects small and large, Friendly Chevrolet has been there. Since 1991 they have raised ove� $150,000 for Ronald McDonald houses. They have given about $60,000 for high school and college scholarships. They have raised about $40,000 for the Salvation Army and raised over $20,000 to Make a Wish Foundation. They have raised $10,000 for Special Olympics. They have sponsored community Little League programs in the City of Fridley. They simply do not have enough space. There are not many parcels available so now Friendly has this problem. Tam's property is an unusual piece zoned C-3. This is not affordable housing property. They are not talking about taking down any part of the mobile home park. There are these two residential islands that surround the properties. It is unfortunate they are there. The commercial property was there before either residential properties were developed. Mr. LeVahn stated that Friendly Chevrolet looked at this property as an eyesore and most of the people in this community they have talked are in favor of this project. The mobile home people favor the project. They have removed an eyesore. C-3 zoning is the most expansive commercial use that is available in the City so convenience stores, grocery stores, hardware stores, sporting goods, theaters, commercial recreation, pool halls, bowling alleys, mortuaries, day care centers, liquor stores, sexually oriented businesses, pawn shop, etc, could go in the�e. They are talking about putting in a parking lot. This property was on the market for more than 90 days before they signed the purchase agreement. City staff has argued that the parking lot is not a compatible use because of the two residential neighborhoods. It is more compatible than any of the other uses allowed by Code. This lot will be properly fenced and landscaped. Staff is concerned with the comprehensive plan, and Friendly Chevrolet is trying to accommodate Staffs concerns. The parking size was corrected, the lighting plan was revised, and the fencing concerns were addressed. Mr. Kondrick stated the neighbors may be offended by too much lighting, but the police say that they need to see in there for security. Is the type of lighting able to handle both situations? Mr. LeVahn stated the lighting suggested by staff will create problems. The lighting they prefer is not a bright light and complies with the code. Mr. Oquist stated that the bollard type lighting may not be right for security reasons. � PLANNING COMMISSION MEETING, JANUARY 3, 2001 PAGE S Mr. LeVahn stated that most of the stipulations do not pose any problems. Stipulation #8 regarding the bollard lighting is an issue, and stipulation #12 is too vague. Stipulations #13 and #14 are too restrictive. They want to remove the asphalt as quickly as they can. Mr. Kuechle asked what would be reasonable dates for stipulations #13 and #14. Mr. LeVahn stated that the contractor can get in there about May 15 and be done in about 90 days to complete the project. Ms. Johns asked if there has been any problems with kids getting into any vehicles. Mr. Stelter stated there have been no problems. Mr. Oquist asked if they are currently storing cars there. Ms. Johns stated that she drove by and saw some vehicles in the back of the lot. Mr. Stelter stated that there could have been some that they had to store while they were plowing the main lot. Ms. Johns asked if he thought there would be a problem with children jumping the fence to play in the storm drainage pond. Mr. Stelter stated that the fence is eight feet high so it should not be a problem. Mr. Oquist asked if they would like to be allowed to have employee parking on the lot until May15? Mr. Stelter stated, yes. Ms. Johns asked where they would park during construction. Mr. Stelter stated that is a good question. They do not know that yet. Mr. Kondrick asked for more information about the bollard-type lighting. Mr. Hickok stated that the objectionable piece is the fact that there are vehicles that are prime targets for vandalism and crime if they do not have adequate lighting for police to see what is going on. This is unusual lighting, but this is an unusual site between two adjacent residential settings. Bollard lighting is about chest height and gives off a lighting 360 degrees around it. The lower the height of the fixture, the more lighting you need. Mr. Oquist asked how far the east and west lighting standards should be from the property line. Mr. Hickok stated there is fifteen feet of land area between the edge of the curb and the adjacent property line. Mr. Kondrick asked about the ideas of the security plan itself. Mr. Hickok stated there needs to be more information about the security for this site because it is across from their site. They do not know if there will be on-duty security driving through this 5 .�,�:-; iaa PLANNING COMMISSION MEETING, JANUARY 3, 2001 PAGE 6 site. Are there gates making it more difficult to steal vehicles from this site? When are those gates going to be locked? Are there any security cameras or other features pianned? Staff wants to make sure this site is safe so they need an ample description of the petitioner's security approach. Mr. Kondrick asked if any neighbors objected to this. Mr. Bolin stated that no neighbors had contacted the City. MOTION by Mr. Saba, seconded by Mr. Kuechle, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 8:25 P.M. Mr. Kondrick stated he appreciates staffs point of view on the housing, but it is zoned the way it is zoned. Mr. Saba stated that the property probably is not right for affordable housing. Friendly Chevrolet has been a good citizen, and he really does not have a problem with this. The stipulations should be resolved and stipulations #13 and #14 could be deleted. Ms. Johns stated she believed the lighting is an issue with the neighbors. Mr. Oquist stated that the mobile parks are really the islands surrounded by industrial and commercial areas. He appreciates the issue with the lighting, but the bollard lighting is not the answer for an area like this. The security plan could be more detailed, but this looks like a fair use of this property. Mr. Kuechle stated that the special use permit goes with the property. He does not have a lot of concern while Friendly Chevrolet owns it. It is zoned C-3 and this will probably have less impact than other uses. The lighting options should be considered and stipulations #13 and #14 should have the date changed to July 1 to make it reasonable. He would vote in favor of this modifying the stipulations. - MOTION by Mr. Kuechle, seconded by Mr. Saba, to recommend approval of SP #00-11 with the following amended stipulations: 1. 2. 3. 4. 5. 6. 7. 8. 9. The fencing around the site shall resemble the board-on-board fence submitted with the petitioner's application. The petitioner shall be responsible for litter control on the premises, and litter control is to occur on a daily basis. The parking lot must be lined with a concrete curb. All parking stalls must meet code requirements for size. No employee parking shall be allowed along Fireside Drive or the service road. Final drainage, landscaping, and irrigation plans shall be submitted with building permit application and shall be approved by staff prior to issuance of any future permits. The petitioner shall execute a storm pond maintenance agreement, requiring petitioner to maintain the storm pond. All lighting shall be of a type to minimize impact to neighboring properties. The petitioner shall comply with all outdoor sales and storage provisions of Chapter 205 of the City Code. � � > :} _,.„; � PLANNING COMMISSION MEETING, JANUARY 3, 2001 PAGE 7 10. The petitioner shafl comply with all outdoor storage requirements. 11. The petitioner shall install underground irrigation for the landscape areas surrounding the parking area. 12. The petitioner shall prepare and submit to the City a security plan to assure additional oversight of the storage lot and to deter crime to property. 13. All existing asphalt shall be removed by July 1, 2001. 14. No parking shall occur on the subject parcel after July 1, 2001, until all required improvements have been completed. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Kondrick stated that this would go to City Council on January 22, 2001. Mr. Oquist asked if someone could try to put a used car lot on this property with the special use permit. Mr. Hickok stated that the closest in wording in the C-3 district to this parking is the agency selling and displaying vehicles for sale. This is ancillary to that use across the street. That is what they are applying for. Mr. Oquist asked if this could be used for anything else. Mr. Hickok stated that they will not likely know about the new use and the changes planned until a new owner makes that request. At any point, the City can review a special use permit and call the business back in for a review. Staff would bring this item back for review with any significant changes. ADJOURNMENT: MOTION by Mr. Oquist, seconded by Mr. Saba, to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED AND THE JANUARY 3, 2001, PLANNING COMMISSION WAS ADJOURNED AT 8:35 P.M. Respectfully submitted, �,� � � �. � Sign� L. John o � Recording Secretary � / � CtTY OF FRIDLEY TO: FROM: DATE: AGENDA ITEM CITY COUNCIL MEETING O'F JANt�ARY 22, 2001 William W. Burns, City Manager � � Jon H. Haukaas, Public Works Director January 22, 2001 PW00-006 SUBJEC?: 2001 Miscellaneous Concrete Curb and Gutter and Sidewalk Project No. 338 Ron Kassa Construction was the successful bidder on our 2000 miscellaneous concrete repair project and provided the City with excellent service and response tim.i.ng. Ron Kassa Construction has agreed to extend this contract through 2001 at an increase of 2% due to a 2% increase in the cost of concrete. The resulting bid amount is therefore $54,908.50. Recommend the City Council accept the proposed extension and award the contract for the 2001 Miscellaneous Concrete Curb and Gutter and Sidewalk Project No. 338 to Ron Kassa Construction of Elko, MN, in the amount of $54,908.50. JHH:cz • 0 0 • CONTRACT 2001 REMOVAL AND REPLACEMENT OF MISCELLANEOUS CONCRETE CURB AND GUTTER AND SIDEWALK - PROJECT NO. 338 This Agreement made and entered into this 22nd day of Januarv•2001, by and between CITY OF FRIDLEY hereinafter refened to as the CITY (Party of the First Part) and Ron Kassa Construction hereinafter referred to as the CONTRACTOR (Party of the Second Part). WITNESSETH: That the CONTRACTOR, in consideration of the covenant and the agreement of the CITY hereinafter set forth, and for the sum and price of 54 908.50 hereby agrees that, WHEREAS, The CITY has heretofore asked for proposals for the furnishing of materials, labor, and equipment and the use of the CONTRACTOR'S equipment and plant, and all else necessary to complete and to put the entire system incomplete working condition, for the construction of: 2001 REMOVAL AND REPLACEiVIENT OF NIISCELLANEOUS CONCRETE CURB AND GUTTER AND SIDEWALK -- PROJECT NO. 338 and appurtenances thereto, as shown on the plans and as set forth in the Specifications now on file with the City, and that, WHEREAS, The CONTRACTOR has submitted a Proposal in response thereto, which has been accepted by the CITY, in which the CONTRACTOR agrees to and shall furnish all necessary materials, labor, use of tools, equipment; and plant and everything necessary to perform the work designated and set forth in the Contract, including all CONTRACTOR'S superintendence, and to furnish everything necessary for the completion of the Project and to put the entire system into complete working condition. FURTHER: The CONTR.ACTOR agrees, under penalty of a Corporate Surety Bond in the amount of 100% of the total Contract, to complete the work under the contract in accordance with the Contract Documents. The Contract Documents consist of the following component parts, all of which are as full a part of this Contract as though therein stated verbatim, or if not attached, as if hereto attached: 1. The Minnesota Department of Transportation "Standard Specifications for Highway Construction" 1998 Edition as amended by the May 2, 1994 supplemental specifications. 2. The City of Fridley Specifications included with this Contract. 3. The "Proposal", "Bid Schedule" and "Bond" of the Contractor. 4. This "Contract" between the City and the Contractor. 5. Any Modifications or changes in the terms of the Contract or Bid or additions to or deductions from the amount or character of the work which is to be performed or which may be agreed to in writing by the Contractor and the City. E Contract Page Two �:: . ::�.::.,:3`:;�.� :�. ,'.:..f . The CONTRAG"TOR agrees to pay all persons fiunishing labor and material in and about the performance of the CONTRACT; and the CONTRAC'fOR will, within ten (10) worlcing days after the acceptance of the CONTRACTOR'S Bid execute this Contract and furnish a performance and payment bond to be approved by the City in a sum equal to 100% of the full amount of the Bid. The CONTRACTOR further agrees to take all precaurions to protect the public against injury and to save the CITY harmless from all damages and claims of the CONTRACTOR or the CONTRACTOR'S Agents or Employees while engaged in the performance of this Contract and will indemnify the CITY furnished as aforesaid and against all loss by reason of the failure of the CONTRACTOR in any respect to fully perform all obligations of this CONIRACT. The CITY agrees to pay the CONTRACTOR for the performance of this Contract, and the CONT'RACTOR agrees to accept as full compensation thereof the prices set forth within the attached Proposal. The CONTRACTOR and the CITY agree that all of the terms of this Contract shall be binding upon themselves, their heirs, administrators, executors, legal and personal representatives, successors, and assigns. IN WITNESS WHEREOF, the Parties hereto have set their hands and seals this 22nd day of Januarv, 2001. JON H. HAUKAAS, Public Works Director WITNESS � � • /' / wi�ss WITNESS PARTY OF THE FIRST PART CITY OF FRIDLEY by WILLIAM W. BURNS, City Manager SCOTT J. LiJND, Mayor P Y OF THE SECOND PART G� �S�} Ca�"S�'R � �/'�r�K' �'`-C ONTRACTOR by ��Q� AME (TI E) lL � L QTY OF FRIDLEY TO: FROM: DATE: SUBJECT: AGENDA ITEM CITY COUNCIL MEETING OF JANUARY 22, 2001 William W. Burns, City Manager�ji� N Jon .� - aC�ukaas, Public Works Director January 22, 2001 Street Improvement Project No. ST 2001-10 (Sealcoat) PWO1-003 The attached resolution authorizes the advertisement for bids for the 2001 — 10 sealcoat project. This year we propose to do sealcoating program area 4, generally located in the east central part of Fridley. In the 2001 budget $180,000 funds are available. Recommend the City Council adopt the attached resolurion authorizing the advertisement for bids for the 2001 Street Improvement Project (Sealcoat) Project No. 2001-10. JHH:cz Attachment � � 11 RESOLUTION NO. - 2001 A RESOLUTION ORDERING II�ROVEN�NT, APPROVAL OF PI�AN3 AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS: STREET IMPROVEI��NT PROJECT NO. ST. 2001 - 10 (SEALCOAT) WHEREAS, the City Council of the City of Fridley has established a policy of Sealcoating the City streets on a regular basis, WHEREAS, the Public Works Director has submitted a plan showing the streets in need of sealcoating, � NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley, � Anoka County, Minnesota, as follows: 1. That the streets recommended for sealcoating by the Public Works Department be sealcoated, and the work involved in said improvement shall hereafter be designated as: STREET IMPROVEMENT PROJECT NO. ST. 2001 - 10 2. The plans and specifications prepared by the Public Works Department for such improvement and each of them, pursuant to the Council action heretofore, are hereby approved and shall be filed with the City Clerk. 3. The work to be performed under Street Improvement Project No. St. 2001 - 10 be performed under one contract. The Public Works Director shall accordingly prepare and cause to be inserted in the official newspaper advertisement for bids upon the making of such improvements under such approved plans and specifications. The advertisement shall be published for two (2) weeks (at least 10 days), and shall specify the work to be done and will state that bids will be opened at 10:00 a.m. on Thursday, February 15, 2001, in the Council Chambers of the City Hall, and that no bids will be considered unless sealed and filed with the Public Works Director and accompanied by a cash deposit, bid bond, or certified check payable to the City of Fridley for five percent (5�) of the amount of such bid. That the advertisement for bids for STREET IMPROVEMENT PROJECT NO. 2001 - 10 shall be substantially standard in form. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 22ND DAY OF FEBRUARY, 2001. ATTEST: DEBRA A. SKOGEN - CITY CLERK SCOTT J. LUND - MAYOR !_�� e . �. f ' \ �^ l410QRE j LAKE �� e : , E k1 ( ':, � � � o � a� C.ITY QF FRJDLE 2001-10 Seal-Coat Streets Zo ne 4 � Roads to be Seal Coated (219,093 Square Yards) � Zane Limits . w�■ • 500 0 Q00 1000 F��t La�aitNamaLAY0UT2001_IO STREETS A ProjectLaaUm: D:jGISDATAjPUBLICNK)RKS�PROFRS�SEALCQ4TAPR DafePrinhd: 0t104i200t•01:56a3PM 13 - / � cmr oF FRIDLE7 ro: FROM: DATE: SUBJEC?: AGENDA ITEM CITY COUNCIL MEETING OF JANUARY 22, 2001 William W. Burns, City Manager �� Jon H. Haukaas, Public Works Director January 22, 2001 Sanitary and Storm Sewer Repair Project No. 337 PWOl-004 Within our 2001 budget we have identified funds for the restorarion of our sanitary and storm sewer lines. The sanitary repair work is for 24-in.-diameter corrugated metal pipe under the BNSF Northtown yard which we are lining to extend its life and prevent further rusting and deterioration of the system. The storm sewer repair work is to line a 30-inch pipe which has leaking joints for several years causing continual settlement and sink holes in a boulevard area. Alternate No.1 is for a section of 10-inch on S7`b Place adjacent to the Gateway East project. This line is a relatively deep interceptor line for the area which has e�erienced several problems due to root intrusion over the last several years. ?his year's project consists of: 1. 635 lineal feet of 24-inch CMP sanitary sewer pipe 2. 763 lineal feet of 30-inch RCP storm sewer pipe 3. 659 lineal feet of 10-inch VCP sanitary sewer pipe - Alternate No. l The 2001 budget has $170,000 budgeted for the storm and sanitary sewer repair project. Recommend the City Council adopt the resolution authorizing the staff to advertise for the Sanitary and Storm Sewer Repair Project No. 337. Copies of colored maps are included in your packet. JHH:cz Attachment 14 RESOLUTION NO. - 2001 A RE50LUTION ORDERING IMPROVEMENT, APPROVAL OF PLANS AND ORDERING ADVERTISEMENT FOR BIDS: SANITARY AND STORM SEWER LINING PROJECT NO. 337 WHEREAS, the City Council of the City of Fridley has established a policy of lining to sanitary and storm sewers when necessary, ' WHEREAS, the Public Works Director has submitted a plan showing the sanitary and storm sewers in need of lining, • NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley, Anoka County, Minnesota, as follows: . � 1. That the sanitary and storm sewers recommended for lining by the Public Works Department be lined, and the work involved in said improvement shall hereafter be designated as: SANITARY AND STORM SEWER LINING PROJECT NO. 337 2. The plans and specifications prepared by the Public Works Department for such improvement and each of them, pursuant to the Council action heretofore, are hereby approved and shall be filed with the City Clerk. 3. The work to be performed under Sanitary and Storm Sewer Lining Project No. 337 be performed under one contract. The Public Works Director shall accordingly prepare and cause to be inserted in the official newspaper advertisement for bids upon the making of such improvements under such approved plans and specifications. The advertisement shall be published for two (2) weeks (at least 10 days), and shall specify the work to be done and will state that bids will be opened at 10:00 a.m. on WEDNESDAY, FEBRUARY 14, 2001, in the Council Chambers of the City Hall, and that no bids will be considered unless sealed and filed with the Public Works Director and accompanied by a cash deposit, bid bond, or certified check payable to the City of Fridley for five percent (5�) of the amount of such bid. That the advertisement for bids for SANITARY AND STORM SEWER LINING PROJECT NO. 337 shall be substantially standard in form. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 22ND DAY OF JANUARY, 2001. ATTEST: DEBRA A. SKOGEN - CITY CLERK SCOTT J. LUND - MAYOR 15 � � � O � J � � V � CEP(TRAL ni ss c� z z � 3 � W M � M � Z 0 �� o aa � � Q � VIRON RD � � � � � � � O +.�' M � O N M � � � W Y a a � v> c � � z ,° N � � L d � � � � � � € € � rn O O y N � � \ •' � ni ss •�;�; �� •�e� �� ,� z:�� _� a � �� ' �aas�' ��g W � �� G� OI q � � C a v ` O N � c � $ : �� < 8� 3 �� : �3 ��i �'s'� g ..�� "' �� z�vi W W � 3 � � CENiRAL AVE ni ss � 8 ?S g� 8 �1 r� � rt � � oW � � O V � c� z z � T n W M �M � Z �� w �O aa � H z � W Y Q � L y 3� m a� � a Z• �° c� °� c � � c d � � o N � � o, � .� J m Z � � o Gl L � 3 � t�n � �i � � � c � � � � � 0 \ �' E"N�� `o rc � is r�v►+savw \ � ;�� } �� . _ ,5G y` � � M � � � O 8� �� a� �� 3� 3� �E �o� '� � �$ � �' �9�� , g � €��g� �� =�°�g �W� =�v a �� d� 3 � � a �,�vE u�. O � � ° � '!t 5 ,, ,\ � ---- -- __. _- f " ---- _ -- —�—� _� �, . � ! �- ... .� _._..._.,4t. . � � T O � J � � � � � Z .� Z J � W W M N M O Z �G �O aa � � Z � rn c .� J � Z 0 Y ��a � _ Q n � � f � � � c :� «� W c10n in o � � , -� �"� „a.; }�� 'a'� s.;±� ��+ $ .. i � � � � � -: �� , �� LL �� g $ � W ��g ��' _ � � �� o p ° � � a�i � ; $ �°1�� md O w�� • r � � � cmr oF FRIDLEY To: From: Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF January 22, 2001 William W. Burns, City Manager��' Richard D. Pribyl, Finance Director Deb Skogen, City Clerk January 22, 2001 Fridley Totino Grace High School - Charitable Gambling Premise Permit Renewal —Sharz Club Section 30 of the Fridley City Code allows Lawful Gambling by a licensed organization. The Fridley Totino Grace High School is currently conducting charitable gambling at Sharx Night Club located at 3720 East River Road. Their Charitable Gambling Premise Pernut expires on March 31, 2001. The renewal application requires a resolution from the City Council approving the renewal. If approved, the premise permit would become effective April l, 2001 and expire March 31, 2003. Please find a resolution for the renewal premise permit. Staff recommends approval of the premise permit renewal by adoption of the attached resolution. � RESOLUTION NO. - 2001 RESOLUTION IN SUPPORT OF AN APPLICATION FOR A 1VIINNESOTA LAWFUL GAMBLING PREMISE PERMIT FOR FRIDLEY TOTINO GRACE HIGH SCHOOL (SHARX 1VIGHT CLUB) " WHEREAS, the City of Fridley has been served with a copy of an Application for a Minnesota Lawful Gambling Premise Permit for the Fridley Totino Grace High School; and WHEREAS, the location of the Premise Permit is for Sharx Night Club, 3720 East River Road, and will be effective from April 1, 2001 to March 31, 2003; and Wf-IEREAS, the City of Fridley has found no reason to restrict the locarion for the charitable gambling operation. , NOW, THEREFORE, BE TT RESOLVED, that the City Council of the City of Fridley approves the Minnesota Lawful Gambling Premise Permit Application for the Fridley Totino Grace High School at Sharx Night Club located at 3720 East River Road. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 221'rD DAY OF JANUARY 2001. ATTEST: DEBRA A. SKOGEN - CITY CLERK 20 SCOTT J. LUND - MAYOR � n s G7Y OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF January 22, 2001 To: William W. Burns, City Manager �c��` From: Richard D. Pribyl, Finance Director Deb Skogen, City Clerk Date: January 22, 2001 Re: Fridley Totino Grace Aigh School - Charitable Gambling Premise Permit Renewal — Spikers Grille & Beach Club Section 30 of the Fridley City Code allows Lawful Gambling by a licensed organization. The Fridley Totino Grace High School is currently conducting charitable gambling at Spikers Grille & Beach Club located at 7651 Highway 65 NE. Their Charitable Gambling Premise Permit expires on March 31, 2001. The renewal application requires a resolution from the City Council approving the renewal. If approved, the premise permit would become effective April 1, 2001 and expire March 31, 2003. Please find a resolution for the renewal premise permit. Staff recommends approval of the premise permit renewal by adoption of the attached resolution. 21 �` ; RESOLUTION NO. - 2001 RESOLUTION IN SUPPORT OF AN APPLICATION FOR A NIINNESOTA LAWFUL GAMBLING PREMISE PERMIT FOR FRIDLEY TOTINO GRACE HIGH SCHOOL (SPII�RS GRILLE & BEACH CLUB) WHEREAS, the City of Fridley has been served with a copy of an Application for a Minnesota Lawful Gambling Premise Permit for the Fridley Totino Grace High School; and WHEREAS, the location of the Premise Permit is for Spikers Grille & Beach Club, 7651 Highway 65 NE, and will be effective from April 1, 2001 to March 31, 2003; and WHEREAS, the City of Fridley has found no reason to restrict the location for the charitable gambling operation. NOW, TI�REFORE, BE TT RESOLVED, that the City Council of the City of Fridley approves the Minnesota Lawful Gambling Premise Permit Application for the Fridley Totino Grace High School at Spikers Grille & Beach Club located at 7651 Highway 65 NE. PASSED AND ADOPTED BY TI� CITY COUNCIL OF TI� CITY OF FRIDLEY THIS 22ND DAY OF JANUARY 2001. ATTEST: DEBRA A. SKOGEN - CITY CLERK �� SCOTT J. LUND - MAYOR 0 0 � r f CITY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF JANUARY 22, 2001 TO: The Honorable Mayor and City Council FROM: William W. Burns, City Manager �, � DATE: January 19, 2001 SUBJECT: Spring Lake Resolution We have been asked to approve the attached resolution. My understanding is that the resolution is a response to residents who live near Spring Lake who are disturbed with the low water levels in Spring Lake over the last several summers. While the Spring Lake Park City Council has passed the resolution, they have done so very cautiously. I think we should also pass the resolution with a sense of caution and without commitment to funding. The resolution establishes a task force of representatives of the three cities (probably engineer types) who will address the options for improving water quantity and quality of Spring Lake. Attachment 23 i� RESOLiJTION NO. - 2001 RESOLUTION $STABLISHING A TRI-CITY TASR FORCE TO STIIDY THE WATER QIIALITY OF SPRING LAKL WHEREAS, Spring Lake is located in three cities: Spring Lake Park, Mounds View and Fridley; and WHEREAS, the residents living around the lake are concerned about the diminishing water levels and corresponding water quality having an adverse impact on the plant and animal life in the lake; and WHEREAS, there is a desire on the part of the residents to protect and improve the water quality of the lake for recreational purposes; and WHEREAS, the three City Councils share their residents' concerns about the long-term viability of this valuable community resource; and WHEREAS, the efforts undertaken to improve and maintain the quality of the lake will require a tri-city cooperative effort. NOW THEREFORE, BE IT RESOLVED that the Fridley City Council, supports the creation of a task force comprised of representatives from the three cities to investigate and study the options available to maintain an acceptable water level and improve the water quality of Spring Lake. BE IT FURTHER RESOLVED, that the Task Force shall make recommendations regarding their findings to the three City Councils for consideration. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 22� DAY OF JANUARY, 2001. ATTEST: DEBRA A. SKOGEN - CITY CLERK IZ : SCOTT J. LUND - MAYOR r. � 0 City of Spring Lake Park 1301 Eighty First Avenue Northeast Spring Lake Park, Minnesota 55432 763-784-6491 Mayor Harley Wells Councilmembers Jeanne Mason Barbara Carlson Daniel Goggins Timothy C. Hawley Arlministrator, Clerk-Treasurer Barbara L. Nelson Chief of Police David Toth Parks & Recreation Director Marian Rygwall Puhlic Works Director Terry Randall ��I�� I1nn� December 21, 2000 Ms. Kathleen Miller, Administrator City of Mounds View 2401 Hibhwa-y 10 Mounds View, Mn. 55112 Mr. William Burns, City Manager City of Fridley 6431 University Avenue Fridley, Mn. 55432 Dear Kathleen and Bill: RECEIVED DEC 2 � 2000 Attached is my attempt at the resolution we discussed in October regarding the water level and quality of Spring Lake. As I recall, our intention was to prepare a resolution which indicated our shared concerns but did not commit us to any specific options discussed by the residents who have been meeting on this issue. Please review the resolution and let me know if you have any requested changes. Once we all agree on the content, we can send it to our respecti�e City Councils. LI:�1 Enclosure 25 Sincereiy, ��-�-�� Barbara L. Nelson Administrator � AGENDA ITEM CITY COUNCIL MEETING OF JANUARY 22, 2001 UTY OF FRIDLEY Appointment Information to be supplied. a 0 26 � / � CRY OF FRIDLEY 0 c AGENDA ITEM COUNCIL MEETING OF JANUARY 22, 2001 CLAIMS 97563 - 978 � 6 27 . �f � , I� ■ r � QTY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF JANUARY 22, 2001 Type of License: FOOD LICENSE Throwing Dough, Inc dba Broadway Pizza, Fridley 6522 University Ave Fridley, MN 55432 REFUSE HAULER Boone Trucking, Inc 1516 Mazshall St NE Minneapolis, MN 55413 LICENSES � James Kruizenga Joseph Boone : Approved By: Public Safety Fire Inspector Comm. Development Public Safety Fire Inspector Comm. Development � : `" Fee $45 $60 . . . . , AGENDAITEM City Council Meeting Of Monday, January 22, 2001 City of Fridle Biacktoaning Asphalt Driveway Co 1211 E Hwy 36 St. Paul MN 55109-2091 Gas Services Betz Mechanical Inc 6847 Fawn Lake Dr NE Stacy MN 55079- General Contractor-Residential Balow Brian Construction (20186225) 4355 Upper 156 St W Rosemount MN 55068- Scott Smith Thomas Betz Brian Balow Cities Home Improvement Co Inc (20076414) 640 Mendelssohn Ave N Mike Schneider Golden Valley MN 55427- D � B Home Improvements (7773) 4901 105 Lane NE Circle Pines MN 55014- Heatina Betz Mechanical Inc 6847 Fawn Lake Dr NE Stacy MN 55079- William Friedrichs Thomas Betz ,'' %, � Ron Julkowski Building Official Ron Julkowski Building Official State of MN State of MN State of MN Ron Julkowski Building Official Plum 'n Steinkraus Plumbing Inc 1800 Lake Lucy Rd Excelsior MN 55331- Sunderland Plumbing Inc 24380 River Bank Lane NW isanti MN 55040- V P Enterprises of MN Inc 375 Ferndale Rd N Wayzata MN 55391- Merle Steinkraus Tony Sunderland Ben Vandeputte � State of MN State of MN State of MN . . � � � � CRY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF JANUARY 22, 2001 ESTIMATES Frederic W. Knaak, Esq. Holstad and Knaak, P.L.C. 1690 Minnesota World Trade Center 30 East Seventh Street St. Paul, MN 55101 Services Rendered as City Attorney for the Month of December, 2000 ................................. Carl J. Newquist, Esq. 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 October, 2000 ............................ 31 ................................................ $ 5,000.00 ........................................... $18,360.00 ;�-� : AGENDA ITEM CITY COUNCIL MEETING OF JANUARY 22, 2001 GT7 OF FRIDLEY DATE: January 17, 2001 T0: Wiiliam W. Burns, City Manager �� FROM: Grant Fernelius, Housing Coordinator SUBJECT: First Reading of Manufactured Home Park Closure Ordinance Backqround As you recall, on November 20, 2000 the City Council conducted a public hearing regarding a proposed manufactured home park closure ordinance. During the hearing a number of comments were received from the public, including park residents and representatives of the park owners. After the hearing was concluded, the City Council directed staff to review the comments and come back with a modified ordinance sometime in )anuary 2001. Overview of Ordinance Attached as Exhibit 1 is the revised ordinance which is ready for first reading on )anuary 22, 2001. The proposed ordinance would amend the City Code by adding a new Chapter (223) entitled "Manufactured Home Park Closings". In summary, the ordinance would require the following: 1. The park owner must provide at least a 9 month notice (e.g. closure statement) to each resident to a closure or conversion of the park. The notice must include information on the availability, location and potential costs of adequate replacement housing within a 25 mile radius of the park and the probable relocation costs of the homes located in the park. The notice must also be sent to the City of Fridley. 2. Within 60 days of receipt of the park closure statement, the City Council would conduct a public hearing to review the park closure or conversion and the impact upon the park residents. 32 PCO Memo January 17, 2001 Page 2 3. Within 90 days of receipt of the park closure statement, displaced residents would be required to submit to the park owner either a. Written estimate of their relocation costs ("Election to Relocate") or b. Written statement indicating they choose not to move their manufactured home, but wish to receive compensation ("Election to Receive Compensation"). 4. If a displaced resident chose not to move their home within a 25 mile radius, but wanted to retain title to the home (e.g. move farther out), they would receive either: a. Relocation benefits equal to the average paid to other displaced residents for actua/ relocation costs, or b. The average of the estimated relocation costs submitted by other displaced residents. 5. If the displaced resident chose not to move their home and tenders title, the park purchaser would be required to compensate them by paying the greater of the fair market value or the assessed value for tax purposes. In this case, the park purchaser would be required to escrow the funds and pay the displaced resident 60 days prior to the park closure. 6. Finally, relocation benefits or compensation shall not be paid to displaced residents in the event they receive compensation under the Uniform Relocation Act. In this case, if the City or HRA were ever involved in the project and paid benefits to the displaced residents, they could not collect the compensation outlined under this ordinance. Also attached as Exhibit 2 is a copy of the letter and draft ordinance that was mailed to the park residents on December 28, 2000. This strike-out version highlights the changes that have been made to the ordinance since the first draft was prepared in October. StafF has included the strike-out version for reference purposes only. The Council would act on Exhibit 1 which is in the appropriate format for the City Code. 33 PCO Memo January 17, 2001 Page 3 Conclusion Staff believes that the proposed ordinance addresses the concerns of the parties afFected by this legislation. On balance the ordinance provides a minimum level of compensation to residents who would receive nothing and most likely would face financial hardship in the event of a park closure. Recommendation Staff recommends that the City Council approve first reading of the Manufactured Home Park Closure Ordinance, attached as Exhibit 1. M-01-04 � ORDINANCE NO. __ . � � ��,�- �� -`�� 'f; �h�� :, .� , . s. AN ORDINANCE AMENDING FRIDLEY CITY CODE TO ADD CHAPTER 223, � CONCERNING MANUFACTURED HOME PARKS, REQUIRING OWNERS TO PAY RELOCATION EXPENSES TO DISPLACED RESIDENTS UPON PARK '` CLOSINGS. The City Council of the City of Fridley does hereby ordain as follows: SECTION 1. The Fridley City Code is amended by adding Chapter 223 to read as follows: MANUFACTURED HOME PARK CLOSINGS 223.01. PURPOSE ; �� : • _ ; ;}. .J..Y. �5�. � � �� i ;. �. t In view of the peculiar nature and problems presented by the closure or conversion of manufactured home parks, the City Council finds that the public health, safety and general welfare will be promoted by requiring compensation to displaced residents of such parks. The purpose of this ordinance is to require park owners to pay displaced residents reasonable relocation costs and purchasers of manufactured home parks to pay additional compensation, pursuant to the authority granted under Minnesota Statutes, Section 327C.095. 223.02. DEFINITIONS The following words and terms when used in this ordinance shall have the following meanings unless the context clearly indicates otherwise: - 1. Closure Statement. A statement prepared by the park owner clearly stating the park is closing, addressing the availability, location and potential costs of adequate replacement housing within a finrenty-five (25) mile radius of the park that is closing and the probable relocation costs of the manufactured homes located in the park. 2. Displaced Owner. A resident of an owner-occupied manufactured home who rents a lot in a manufactured home park, including the members of the resident's household, as of the date the park owner submits a closure statement to the City's Planning Commission. 3. Displaced Resident. A displaced owner. Page 1 35 r� i, 4. Lot. An area within a manufactured home park, designed and used for the accommodation of a manufactured home. . 5. Manufactured Home. - � A :'t,a� : 1 A structure, not affixed to or part of real estate, transportable in one of more sections, which in the traveling mode, is eight (8) feet or more in width or forty (40) feet or more in length, or, when erected on site, is three hundred finrenty (320) or more square fe`et, and ° which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical system contained in it. 6. Park Closure. ��: y,�. `�• � ,;; S a,F,, j � � � .. ;- . A closure, conversion of use, or termination of use, whether in whole or in part, of a manufactured home park. For purposes of this definition, use shall mean any use related to the manufactured home park and related services. 7. Park Owner. The owner of a manufactured home park. 8. Person. Any individual, corporation, firm, pa�tnership, incorporated and unincorporated association or any other legal or commercial entity. 9. Purchaser. The person buying the manufactured home park from the park owner. In the event that the park owner intends to retain ownership and convert the park to a different use, all references to the purchaser refer to the park owner. � 10. Relocation Cost. The reasonable cost of relocating a manufactured home from a manufactured home park within the City of Fridley that is being closed or converted to another use to another manufactured home park within a twenty-five (25) mile radius of the park as follows: � 0 A. Preparation for Move. The reasonable costs incurred to prepare the eligible manufactured home for ' transportation to another site. This category includes crane services if needed, but not the cost of wheel axles, tires, frame welding or trailer hitches. Page 2 36 � B. Transportation to Another Site. - ;.�«� ;;��:� ; ��;, �� . ~ � � � . � " ' 7 � �; . �- - - - Reasonable costs incurred to transport the eligible manufactured home within a. � twenty-five (25) mile radius. This category also includes the cost of insuring the: manufactured home while the home is in the process of being relocated, and the cost of obtaining moving permits provided that the park owner shall not be , required to pay delinquent taxes on a manufactured home if necessary in order � r� to obtain a moving permit. This category also includes the reasonable cost of disassembling, moving, and reassembling sheds and any attached : appurtenances, such as porches, decks, skirting, and awnings, which we�e;.not acquired after the notice of closure or conversion of the park. C. Hook-up at New Location. The reasonable cost of connecting the eligible manufactured home to ut�l��res a�x �, x�� ' the relocation site, including crane services if needed. The park owner shall'not �� k � be required to upgrade the electrical or plumbing systems of the manufactured home. D. Insurance. The cost of insurance for the replacement value of the prope�ty being moved. Relocation costs do not include the cost of any repairs or modifications to the manufactured home needed to bring the home into compliance with the state and federal manufactured home building standards for the year in which the home was constructed. Relocation costs also do not include the cost of any repairs or modifications to the home or appurtenances needed to bring the home or appurtenances into compliance with the rules and regulations of the manufactured home park to which the manufactured home is to be relocated, if those rules and regulations are no more stringent than the rules and regulations of the park in which the home is located and the resident was notified of non-compliance with the rules and _ regulations of the park in which it is located within sixty (60) days prior to delivery of the closure statement. 223.03. PARK CLOSURE NOTICE If a manufactured home park is to be closed, converted in whole or part to another use or terminated as a use of the property, the park owner shall, at least nine (9) months prior to the closure, conversion to another use or termination of use, provide a copy of a closure statement to a resident of each manufactured home and to the City's Planning Commission. Page 3 37 � 223.04. NOTICE OF PUBLIC HEARING , � .� i xl��i �1 � :� w.�y � , _, � � , � . .� __ The City's Planning Commission shall submit the closure statement to the City Council and request the City Council to schedule a public hearing. The City shall mail a notice at least ten (10) days prior to the public hearing to a resident of each manufactured home in the park stating the time, place and purpose of the hearing. The park owner' shall provide the City with a list of the names and addresses of at least one displaced resident of each manufactured home in the park at the time the closure statemet�t is submitted to the City's Planning Commission. 223.05. PUBLIC HEARING r.•� � A public hearing shall be held before the City Council within sixty (60) days after receipt of the closure statement for the purpose of reviewing the closure statement and;t , t �� evaluating what impact the park closing may have on the displaced residents aRdrtl��e� ,=4�;� �� park owner. . 223.06. DISPLACED RESIDENT OBLIGATIONS Within ninety (90) days of receipt of a closure statement, a displaced resident shall submit a contract or other verified cost estimate of relocation costs to the park owner for approval. If the park owner refuses to pay the contract or other verified cost estimate, the park owner must arrange for relocating the manufactured home and pay the actual relocation costs incurred. In the alternative, a written statement may be submitted to the park owner, identifying that the displaced resident cannot relocate his or her manufactured home to another manufactured home park within a finrer�ty-fine (25) mile radius or chooses not to relocate his or her manufactured home. If a displaced owner chooses not to relocate as defined within this Subchapter, the displaced resident must state whether he or she elects to receive relocation costs under 223.07.02. or compensation under 223.08. 223.07. ELECTION TO RELOCATE 1. After service of the closure statement by the park owner and upon submittal by the � displaced resident of a contract or other verification of relocation expenses, the park owner shall pay to the displaced resident the reasonable costs as defined in Subdivision 2, of relocating the manufactured home to another manufactured home park located within a twenty-five (25) mile radius of the park that is being closed, converted to another use, or ceasing operation. , 2. If a displaced resident cannot or chooses not to relocate the manufactured home within a twenty-five (25) mile radius of the park which is being closed, and the displaced resident elects not to tender title to the manufactured home, the displaced resident is entitled to relocation costs as defined in 223.02 based upon either: Page 4 38 � _ � ' � r .. � y. . h _ �; � �� : � � . A. An average of the actual relocation costs paid to other displaced residents.�in the '� -� �' manufactured home park, or B. An average of the estimated relocation costs submitted by other displaced residents of the manufactured home park. ;�'a : 3. A displaced resident compensated under this subdivision shall retain title to the �� manufactured home and shall be responsible for its prompt removal from the manufactured home park. 4. The park owner shall make the payments under this section directly to the person performing the relocation services after performance thereof, or, upon submission of written evidence of payment of relocation costs by a displaced resident, shall reimburse the displaced owner for such costs. �: .c f�` :�3 �;;,, f .� � a G �- . ,� r. � � . , _, .i+� � �:, 5. The displaced resident must submit a contract or other verified cost estimate for relocating the manufactured home to the park owner as a condition to the park owner's liability to pay relocation expenses. 223.08. ELECTION TO RECEIVE COMPENSATION If a displaced resident chooses not to relocate the manufactured home within a 25-mile radius of the park that is being closed and tenders title of the manufactured home to the park owner, the displaced resident is entitled to compensation, to be paid by the purchaser of the park in order to mitigate the adverse financial impact of the park closing. In such instance, the compensation shall be an amount equal to the estimated market value or the tax assessed value of the manufactured home. The purchaser shall pay such compensation into an escrow account, established by the park owner, for distribution upon transfer of title to the manufactured home. Such compensation shall be paid to the displaced resident sixty (60) days prior to closing of the park, conversion to another use, or later at resident option and the park owner shall receive title and possession of the manufactured home upon payment of such compensation. 223.09. APPLICABILITY Relocation assistance and related compensation described under 223.02, 223.07 and 223.08 of this ordinance shall not apply in the event that a displaced resident receives compensation under the Uniform Relocation Act et. al. (42 U.S.C. 4601-4655). 223.10. PENALTIES 1. Violation of any provision of this ordinance shall be a misdemeanor. 2. Any provisions of this ordinance may be enforced by injunction or other appropriate civil remedy. Page 5 39 , Y 'a X �� . � �:� � � , :�: 3. The City shall not issue a building permit in conjunction with reuse of manufactured: -� �_ home park property unless the park owner has paid reasonable location costs and the purchaser of the park has provided compensation in accordance with the � � requirements of the ordinance. Approval of any application for rezoning, platting, conditional use permit, planned unit development or variance in conjunction with a park closing or conversion shall be conditional on compliance with the requirements ., , of this ordinance. ��, � � SECTION 2. Effective Date. This ordinance shall take effect fifteen (15) days after its passage and publication. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY�THIS DAY OF , 2001. ATTEST: DEBRA A. SKOGEN - CITY CLERK First Reading: Second Reading: Publication: January 22, 2001 Page 6 40 SCOTT J. LUND - MAYOR . a1 y y.' ,�a^ � q�' . J�� t K � � $ �i^S`1�'�?i •f � � C[TYOF FRtDLEY �xh i# ��_ � i ; ; �._'� � FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 •(612) 571-3450 • FAX (612) 59� �i`287 ,.. December 28, 2000 Dear Resident �_ . �' � `� � ;� � ,� As you might recall, on November 20, 2000 the Fridley City Council cond�Ctec� �a - public hearing to review the proposed Manufactured Home Park Closure ordinance. This ordinance would require the park owner and/or park purchaser to provide relocation assistance to residents in the event a manufactured home park is ever closed or converted to another use. During the public hearing, a number of concerns were expressed by both local residents and representatives of the park owners. Since that time, City staff has revised the ordinance to try and address those concerns. Attached please find the latest draft of the ordinance. To help identify the revisions, we are sending a copy which strikes-out the oid language (exampfe: �`-�.��) and includes the new language in bold face type (example: bold face). A first reading of the proposed ordinance is scheduled for ]anuary 22, 2001 at 7:30 p.m. in the Council Chambers, Fridley Municipal Center, 6431 University Avenue NE. The second and final reading would likely be scheduled for some __ time in February 2001. You are encouraged to attend the meeting on January 22"d to provide your input on the proposed ordinance. In the meantime, should you have any questions or concerns, please feel free to call me at 763-572-3591. Sincerely, � Grant us Housing Coordinator Attachment 41 * DRAI�T URDI1�iANCE * STRII�-OUT VERSION (FRIDLEY STAF� CITY OF FRIDLEY ORDINANCE NO. ( ; � � �C1��i • � '.. � -� ' �. �- ` ta� AN ORDINANCE CONCERNING MANUFACTURED HOME PARKS AND . REQUIRING OWNERS TO PAY RELOCATION EXPENSES TO DISPLACED RESIDENTS UPON PARK CLOSURE. � j� �� `� � The City Council of the City of Fridley does ordain as follows: Subdivision 1. Legislative Findings In view of the peculiar nature and problems presented by the closure or conversion of manufactured home parks, the City Council finds that the public health, safety and general welfare will be promoted by requiring compensation to displaced �`; ,f & '� �• residents a�� of such parks. The purpose of this ordinance is to requ ��"..� �:, owners to pay displaced residents reasonable relocation costs and purchasers of manufactured home parks to pay additional compensation, pursuant to the authority granted under Minnesota Statutes, Section 327C.095. Subdivision 2. Definitions The following words and terms when used in this Ordinance shall have the following meanings unless the context clearly indicates otherwise: Closure Statement: A statement prepared by the park owner clearly stating the park is closing, addressing the availability, location and potential costs of adequate replacement housing within a twenty-five (25) mile radius of the park that is closing and the probable relocation costs of the manufactured homes located in the park. Displaced Owner: A resident of an owner-occupied manufactured home who rents a lot in a manufactured home park, including the members of the resident's household, as of the date the park owner submits a closure statement to the City's Planning Commission. .�ers_�i--- -- � - -.-- - -- - - --- - - ----- - -- ' -- -- Displaced Resident: Lot: 715t Draft: 10-16-2000 2nd Draft: 10-27-2000 3r0 Draft: 12-19-2000 A displaced owner. . An area within a manufactured home park, designed and used for the accommodation of a manufactured home. 1 of 7 4'" Draft 12-27-2000 42 � * DRAFT ORDINANCE * STRII�-OUT VERSION (FRIDLEY STAF� : . �-:; ;��: . :.-:-a " :�� X�� Manufactured Home: A structure, not affixed to or pa�t of real estate, transportable in one of more sections, which in the traveling mode, is eight (8) feet or more in width or forty (40) feet or more in length, or, when erected on site, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical system contained in it. _. r .1�•. , � Park Closure: A closure, � conversion of use, or termination of use, whether in whole or in part, of a manufactured home park. For purposes of this definition, use shall mean any use related to the manufactured home park and related�:��°� ,#,, ��,,,,;;; . services. � �` r i � ' � ` � � �-ec�e�s. Park Owner: The owner of a manufactured home park. ��}�� Person: Any individual, corporation, firm, partnership, incorporated and unincorporated association or any other legal or commercial entity. Purchaser: The person buying the manufactured home park from the park owner. In the event that the park owner intends to retain ownership and convert the park to a different use, all references to the purchaser refer to the park owner. Relocation Cost: The reasonable cost of relocating a manufactured home from a manufactured home park within the City of Fridley that is being closed or converted to another use to another manufactured home park within a twenty-five (25) mile radius of the park as follows: a. Preparation for Move. The reasonable costs incurred to prepare the eligible manufactured home for transportation to another site. This category includes crane services if needed, but not the cost of wheel axles, tires, frame welding or trailer hitches. b. Transportation to Another Site. Reasonable costs incurred to transport the eligible manufactured home � within a twenty-five (25) mile radius. This category also includes the 71" Draft: 10-16-2000 2 of 7 4`" Draft 12-27-2000 2nO Draft: 10-27-2000 3'0 Draft: 12-19-2000 43 * DRAFT ORDINANCE * STRII�-OUT VERSION (FRIDLEY STAFF) .. 1', . . i,�, �.,,�.;. . ' ; - ^'�f�. ��, �� ''�.' �'. ! f. .; . .... ._ � .a � t cost of insuring the manufactured home � while the home is in the process of being relocated, and the cost of obtaining `� moving permits provided that the park owner shall not be required to pay delinquent taxes on a manufactured home if necessary in order to obtain a moving permit. This category also includes the reasonable cost of disassembling, moving, ;�� • and reassembling sheds and any attached appurtenances, ''� a 1��. such as porches, decks, skirting, and awnings, which were not acquired after the notice of closure or conversion of the park. � c. Hook-up at New Location. The reasonable cost of connecting the eligible manufactured home to utilities at the relocation site, including crane services if needed. ;TF�e; parl� �:r �� owner shall not be required to upgrade the electrica{ of=: �#`�� plumbing systems of the manufactured home. d. The cost of insurance for the replacement value of the property being moved. Relocation costs do not include the cost of any repairs or modifications to the manufactured home needed to bring the home into compliance with the state and federal manufactured home building standards for the year in which the home was constructed. Relocation costs also do not include the cost of any repairs or modifications to the home or appurtenances needed to bring the home or appurtenances into compliance with the rules and regulations of the manufactured home park to which the manufactured home is to be relocated, if those rules and regulations are no more stringent than the rules and regulations of the park in which the home is located and the resident was notified of non-compliance with the rules and regulations of the park in which it is located within sixty (60) days prior to delivery of the closure statement. Subdivision 3. Park Closure Notice .�f $�.' If a manufactured home park is to be closed, converted in whole or part to another use or terminated as a use of the property, the park owner shall, at least nine (9) months prior to the closure, conversion to another use or termination of use, provide a copy of a closure statement to a resident of each manufactured home and to the City's Planning ;, Commission. � Subdivision 4. Notice of Public Hearing The City's Planning Commission shall submit the closure s#atement to the City Council and request the City Council to schedule a public hearing. The City shall mail a notice at least ten (10) days prior to the public hearing to a resident of each manufactured home in the park stating the time, place and purpose of the hearing. The park owner 715` Draft: 10-16-2000 2n0 Draft: 10-27-2000 3n0 Draft: 12-19-2000 3 of 7 . . 4'" Draft 12-27-2000 * DRAFT ORDINANCE * STRII�—OUT VERSION (FRIDLEY STAF� ° , r_�; n .�� xh1��t - �� , shall provide the City with a list of the names and addresses of at least one displaced �`s' ��' resident of each manufactured home in the park at the time the closure statement is submitted to the City's Planning Commission. Subdivision 5. Public Hearing � A public hearing shall be held before the City Council within sixty (60) days after � receipt of the closure statement for the purpose of reviewing the closure statement „ and evaluating what impact the park closing may have on the displaced residents and the park owner. �:�:�n��z..,.r�,�:.�.,z��:��=��n . Subdivision � 6. Displaced Resident Obligations Within ninety (90) days of receipt of a closure statement, a displaced resident shall de #d�€el�ear�g � � _, . �� :r a. . � submit a contract or other verified cost estimate of ##� relocation costs to the park owner for approval. If the park owner refuses to pay the contract or other verified cost estimate,_the park owner must arrange for relocating the =.- manufactured home and pay the actual relocation costs-- — incurred. � In the alternative, a written statement may be submitted to the park owner, identifying that the displaced � resident cannot relocate his or her manufactured home to another manufactured home park within a twenty-fine (25) mile radius or chooses not to relocate his or her manufactured home. If a displaced owner chooses not to relocate as defined within - this Subdivision, the displaced ewfle� resident must state . whether he or she elects to receive relocation costs under Subdivision � 7 a(i) or (ii) or compensation under Subdivision 8 8. - � - ------ �- - - - -- - . 715` Draft: 10-16-2000 4 of 7 4`" Draft 12-27-2000 2n0 Draft: 10-27-2000 3'0 Draft: 12-19-2000 45 Subdivision � 7. 715f Draft: 10-16-2000 2ntl Draft: 10-27-2000 3'° Draft: 12-19-2000 * DRAFT ORDINANCE * STRII�-OUT VERSION (FRIDLEY STAFF� Election to Relocate i��,, �� .�! -� k � '' :,� � a. After service of the closure statement by the park owner and upon submittal by the displaced e� resident of a contract or other verification of relocation expenses, the park owner shall pay to the displaced e� resident the reasonable costs as �. defined in Subdivision 2, of relocating the manufactured home _�� to another manufactured home park located within a twenty-five (25) mile radius of the park that is being closed, converted to another use, or ceasing operation. b. If a displaced e�waa� resident cannot or chooses not to relocate the manufactured home within a twenty-five (25) mile radius of the park which is being closed, {� and the displaced ea� resident elec'� a' f��¢:.� �� tender title to the manufactured home, the displaced ewae� resident is entitled to relocation costs as defined in Subdivision 2, based upon either: (i) An average of the actual relocation costs paid a�e� to other displaced � residents in the manufactured home park, or (ii) An average of the estimated relocation costs submitted by other displaced residents of the manufactured home park. ::.� c. A displaced � resident compensated under this subdivision shall retain title to the manufactured home and shall be responsible for its prompt removal from the manufactured ; home park. d. The park owner shall make the payments under this section directly to the person performing the relocation services after performance thereof, or, upon submission of written evidence of payment of relocation costs by a displaced ew� resident, shall reimburse the displaced owner for such costs. e. The displaced � resident must submit a contract or other verified cost estimate for relocating the manufactured home to the park owner as a condition to the park owner's liability to pay relocation expenses. 5 of 7 4`" Draft 12-27-2000 . � � , � Subdivision 8 8. * DRAFT ORDINANCE * STRIKE-OUT VERSION (FRIDLEY STAFF) Election to Receive Compensation �X�� ''� r If a displaced ew�ef resident chooses not to relocate the manufactured home within a 25-mile radius of the park that is being closed and tenders title of �e the manufactured home to the park owner, the displaced e�we� resident is entitled to compensation, to be paid by the purchaser of the park in order to � A. mitigate the adverse financial impact of the park closing. In such instance, the � a'�' compensation shall be an amount equal to the estimated market value or the tax assessed value of the manufactured home. , . . The purchaser shall pay such compensation into an escrow account, established by the park owner, for distribution upon transfer of title to the manufactured home. Such compensation shall be paid to the displaced � resident ' sixty (60) da�r$r ;�. ,�, prior to t�e-�a�i�Fe# closing of the park, er-+�s conversion to another use, or laiei��a� ¢� F,:,�� `� resident option and the park owner shall receive title and possession of the manufactured home upon payment of such compensation. • ' '- ■ '- Subdivision � 9. 7151 Draft: 10-16-2000 2nd Draft: 10-27-2000 3b Draft: 12-19-2000 .. ._ . Penalties a. Violation of any provision of this Ordinance shall be a misdemeanor. b. Any provisions of this Ordinance may be enforced by injunction or other appropriate civil remedy. 6of7 47 4'" Draft 12-27-2000 ,•t;, •. ;�; . ::-,� �. �a ;:. � . .. � . _, �: * DRAFT ORDINANCE * , - STRII{E-OUT VERSION ��!�� .Y (FRIDLEY STAF� . 2 , ';; .:� . :� c. The City shali not issue a building permit in conjunction with �' . reuse of manufactured home park property unless the park , owner has paid reasonable location costs and the purchaser of the park has provided compensation in accordance with the requirements of the Ordinance. Approval of any application for rezoning, platting, conditional use permit, planned unit .� development or variance in conjunction with a park closing or �°� .'x �-=, conversion shall be conditional on compliance with the ,. requirements of this Ordinance. Subdivision � 10. Effective Date. This ordinance shall take effect upon its passage and publication. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRILQ�11�`�.�� `� DAY OF , 2001. ATTEST: DEBRA A. SKOGEN - CITY CLERK First Reading: Second Reading: Publication: 0 SCOTT J. LUND - MAYOR 715' Draft: 10-16-2000 7 of 7 4`" Draft 12-27-2000 2n0 Draft: 10-27-2000 3"' Draft: 12-19-2000 48 , . . � I AGENDA ITEM � CITY COUNCIL MEETING OF JANUARY 22, cmr oF 2001 FRIDLEY Date: 1 /16/01 To: William Bums, City Manager fi�( � From: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Paul Bolin, Planner RE: Planning Commission Action on SP #00-11 M-01-03 INTRODUCTION Friendly Chevrolet is requesting a special use permit to allow an automobile sales agency on this property. Friendly Chevrolet intends to use the property as storage for new vehicles and employee parking. The property, located at 1160 Fireside Drive, is currently vacant and was formerly Tam's Rice Bowl. PLANNING COMMISSION ACTION At the January 3, 2001 Planning Commission meeting, a public hearing was held for SP #00-11. After much discussion, the Planning Commission made changes to 3 of stafPs recommended stipulations. The Planning Commission also recommended that the petitioner change the type of lighting to be more of a yellow shade, than a bright white. A motion was made to recommend approval of special use permit, SP #00-11, with modified stipulations as presented below. THE MOTION CARRIED UNANIMOUSLY. STAFF RECOMMENDATION � City Staff recommends denial of this special use permit. � , Automobile agencies selling or displaying new and/or used motor vehicles are a permitted special use in C-3 zoning districts if they are compatible with surrounding land uses. The type of lighting proposed by the petitioners is not compatible with residential properties. While the petitioner has changed the type of light from a 49 � Memorandum bright white to a yellowish color, staff still believes the height of the lights (20ft.) will still make them visible to neighboring properties. We also believe that bollard type� lighting is the most compatible with the neighboring properties. . Stipulations (as approved by Planning Commission� 1. Fencing around site shall resemble the board on board fence submitted with the ' I petitioners application. ` 2. The petitioner shall be responsible for litter control on the premises, and litter control is to occur on a daily basis. 3. Parking lot must be lined with a concrete curb. 4. All parking stalls must meet code requirements for size. 5. No employee parking allowed along Fireside Drive or the service road. 6. Final drainage, landscaping, and irrigation plans shall be submitted with building _ permit application. 7. Petitioner shall execute a storm pond maintenance agreement, requiring petitioner to maintain the storm pond. 8. All lighting shall be of a type to minimize impact to neighboring properties. 9. The petitioner shall cornply with all outdoor sales and storage provisions of Chapter 205 of the City Code. 10. The petitioner shall comply with all outdoor storage requirements. _ 11. The petitioner shall install underground irrigation for the landscape areas surrounding the parking area.- — 12. Petitioner shall prepare and submit to the City a security plan to assure additional oversight of the storage lot and to deter crime to property. 13. All existing asphalt shall be removed by July 1, 2001. �4. No parking shall occur on the subject parcel after July 1, 2001, until all required improvements have been completed. 50 �; � � � City of Fridley Land Use Application SP-00-11 January 3, 2001 GENERAL INFORNIATION SPECIAL INFORMATION Applicant: Roger Moody (Friendly Chevrolet /Dunmoody LLC) 7501 HWY 65 NE Fridley, MN 55432 Requested Action: Special Use Permit Purpose: To allow an automobile sales agency on the property located at 1160 Fireside Dr. Exisang Zoning: C-3 (General Shopping District) Location: 1160 Fireside Drive NE Size: 114,048 square feet 2.618 acres Existing Land Use: Vacant (formerly Tam's Rice Bowl) Surrounding Land Use & Zoning: N: Friendly Chev, Brenk Bros., C-3 & M-1 E: Mobile Home Park, R-4 S: Industrial, M-1 W: Mobile Home Park, R-4 Comprehensive Plan Conformance: Inconsistent with Plan Zoning Ordinance Conformance: Sections 205.15.O1.C.(2) requires automobile agencies to have a special use pernut when located in a C-3 District. Zoning History: Pre-1949 — Buildings constructed 2000 — Tam's demolished 2000- Friendly purchases properry Legal Description of Property: That part of S. 396' of N. 726' of SE'/4 of NW '/4 of Sec. 12, Twp. 30, Range 24, Anoka Cnty. Public Utilities: Water and sewer are available at the site. Transportation: Fireside Drive provides access to the site. 51 Physical Characteristics: Lot is relatively flat. SUIVI�VIARY OF PROJECT Friendly Chevrolet is requesting a special use pernut to allow the property to be used as storage for new vehicles and employee parking. SUMMARY OF ANALYSIS _ City Staff recommends denial of this special use permit. The proposed use is not compatible with the residential properties located to the east & west. This site is an example of bad "spot zoning„ CITY COUNCIL DATE / 60 DAY ACTION (1160 Fireside Drive view from North) Staff Report Prepared by: Scott Hickok & Paul Bolin Analvsis 0 Repuest Friendly Chevrolet is requesting a special use permit to allow an automobile sales agency on this property. Friendly Chevrolet intends to use the properiy as storage for new vehicles and employee parking. The property, located at 1160 Fireside Drive, is currently vacant and was formerly Tam's Rice � Bowl. � - \��\\1\\\ \\\\\\�, \\�\!\\8 %%�� //�/O / // � ��s� o �i � � �e a �a��a�� a��a�� d �� ie � %� %% i ii ii o a� �� oo�"0a, ��"a��a ,ao"a�r u 1��_�� Location of property HistOry This properly has been used as a restaurant since the late 1950's. The building was originally a"road house" constructed in the 1930's. This past fall, Friendly Chevrolet purchased the properly and demolished the buildings located on the site. The neighboring mobile home park was platted in 1959. � r 52 r 1 J View of property from Fireside Drive Analysis RECOM�IENDATIONS City Staff recommends denial of this special z�se permit. Automobile agencies selling or displaying new and/or used motor vehicles are a permitted special use in C-3 zoning districts if diey are compatible with surrounding land uses. Stipulations Staff recommends the Planrung Commission approve the special use pernut subject to the following stipulations: 1. Fencing around site shall resemble the board on board fence submitted with the petitioners applicarion. „ 2. The peritioner shall be responsible for litter control on the premises, and litter control is to occur on ,, a daily basis. y 3. Parking lot must be lined with a concrete curb. 4. All parkin� stalls must meet code requirements for size. 5. No employee parking allowed along Fireside Drive or the service road. 53 6. Final drainage, landscaping, and irrigation plans shall be submitted with building pemut application. 7. Petitioner shall execute a storm pond maintenance agreement, requiring petitioner to maintain the storm pond. 8. All lighting shall be "bollard" type to minimi�e impact to neighboring properties. 9. The petitioner shall comply with all outdoor sales and storage provisions of Chapter 205 of the City Code. a I.- 10. The petitioner shall comply with all outdoor storage requirements. '� 11. The petitioner shall install underground irrigation for the landscape areas surrounding the parldng area. 12. Petitioner shall prepare and submit to the City a security plan to assure additional oversight of the storage lot and to deter crime to property. 13. All existing asphalt shall be removed by January 15, 2001. 14. No parking shall occur on the subject pazcel after January 15, 2001, until all required ' improvements have been completed. 54 . � n . r� � �, � a AGENDA ITEM CITY COUNCIL MEETING OF JANUARY 22, 2001 CRY OF FRIDLEY INFORMAL STATUS REPORTS 55 4 � � . CLARK M. IVERSON STEVEN H.BERNDT* ',v�tES A. HEUEx, JR.** THOMAS M. ZAPPIA* ]OEL T. LEVAHN LISA R. HAMMER* TRENT C.]AEGER ! January 15, 2001 , ' . Scott Hickok Sent via Fax City Planner, City of Fridley with Hard Copy to Follow Fridley Municipal Center 6431 University Avenue NE Fridley. MN 55432 RE: Friendly Chevrolet Special Use Permit, SP No. 00-11 Dear Scott: This letter outlines the Petitioner's proposed responses to Stipulations 8 and 12, as recommended by the Planning Commission in relation to the above- referenced Special Use Permit. PARALEGALS AS t0 SilpUlailOri NO. H, which reads: "All lighting shall be of a type to JULIE A. CARTER minimize impact to neighboring properties," enclosed for your review, please JANE W. CHRISCENSEN find a letter from our lighting contractor dated January 15, 2001. As e MARY �. CHRISTENSEN discusses in that letter, the lighting plan, as submitted, did, in fact, contemplate Jt�� R. Hot�t�.s and attempt to accommodate the proximity of the site's residential nei�hbors. LAUa.�, INCESRicTSeN That plan utilized: (a) shielded and directional lighting iixtures, (b) lighting LlSA M. KELLY poles that were 20 rather than 30 feet in height and (c) 250 watt bulbs versus SHELLEY LOVEJOY 400 watt bulbs. In a further effort to ease any concern regarding the lightinJ plan, and notin� the su�gestion of one of the Planning Commission members re�arding yellow rather 941 H�L�uvi;�� RD. N.E. than white light, we have asked the lighting contractor for additional SUITE 3O1 suggestions. As you can see, he is now suggesting that we change the actually IviINNEAPOLIS, MN light source itself from a 250 watt metal halide bulb, which emits a white shade 55432 Te�: 763-571-7721 of light, to a 150 watt high-pressure sodium li;ht source, which emits a muc F�,x: 763-571-7734 softer, less intrusive orange-yellow shade of li?ht. Hopefully, a new lighting E-��►�: Zlhla�aol.com plan incorporating these changes, together with the shielded and directional lighting fixtures, as discussed above, and lightinJ poles at 20 feet rather than 30 feet, will now meet staff approval. If it does, we can present this revised plan to the Council. If it does not, please itemize in detail the remaining concerns you have and any suggested remedies which would be acceptable to staff. *REAL PROPERTY LAW SPECIALIST CERTIFIED BY THE �IINNE�C'!I'A BAR ASSOC.�IA7lON **ADM(S'[ED QJ WLSCONSW As to Stipulation No. 12, which states: "Petitioner shall prepare and submit to the City a security plan to assure additional oversight of the storage lot and to deter crime to property," Petitioner would suggest the following security plan: Initially, it should be noted that both the City and Friendly clearly have mutual interests relative to the security and safety of this parking area. Friendly has its own independent reasons for wanting to maintain this lot in as safe a manner as possible. Friendly certainly does not want to put its employees, its neighbors or Scott Hickok January 15, 2001 Page 2 its property at risk. Therefore, even if this particular stipulation was abolished in its entirety, Friendly would have, and in fact has already, designed and implemented a plan to insure that this area is reasonably secure. To begin, when thinking of the issues involvin� security, one must remember that this lot will be used for two purposes: first, for employee parking and second, to store excess inventory. As to employee parking, it is important to understand the hours that Friendly Chevrolet is open and operating. Friendly is open as follows: Monday 5:30 a.m. to 2:30 a.m. Tuesday Tuesday 5:30 a.m. to 2:30 a.m. Wednesday Wednesday 5:30 a.m. to 2:30 a.m. Thursday Thursday 5:30 a.m. to 2:30 a.m. Friday Friday 5:30 a.m. to 9:00 p.m. Friday Saturday 7:30 a.m. to 6:00 p.m. Saturday Sunday Closed entire day As you can see, other than Sunday, there are employees on or near the premises almost around the clock. In addition, the managers are instructed to patrol the facilities during their shifts and it is suggested that if they are in the area on Sunday, they should drive by the site to patrol the facilities. Many management employees, including Ron Stelter himself, actually do this on a routine basis. It should also be noted as to personal safety, the Company policy forbids female employees from parkin� in this new parking lot. Instead, female employees are required to park in parkin� areas provided at the main facility. As to the storage of vehicles, another factor affecting the safety and security of the area is the type of vehicle that Friendly intends to store there, as well as the contents of such vehicles. As to the excess inventory which is to be stored on the new lot, the City should note that no "hot" vehicles nor vehicles with "hot" contents will be stored on this lot. Generally speakin�, there will be no Corvettes, Camaros, Suburbans, Tahoes, etc., stored on this lot. Instead, Friendly will store vehicles such as cargo vans, light commercial cabs and chassis, tipper trucks and cube vans. In addition, the vehicles stored on the lot will generally not contain any type of expensive or desirable electronic packages. For example, the stored vehicles themselves, such as the carQo vans, light commercial cabs and chassis, tipper trucks and cube vans will only contain basic radio packages and thieves know that these types of radios, if removed, cease functioning. Therefore, there is no street value as to these types of radios, meaning no reason to steal them. In addition to the natural use and monitoring of the lot, and the type of vehicles which will be stored on the lot, Friendly intends to install steel posts iilled with concrete across the front of the property and pipe gates at the entrances, identical in design and appearance to the existing posts and gates on their principal site. The gates will be locked during all non-business hours. o- Scott Hickok January 15, 2001 Page 3 This again will limit access to the lot during the highest risk periods. Finally, the site will be well-lighted, as described above, to further discourage would be scoundrels. In summary, throujh the use and monitoring of the site, the type of vehicles stored on the site, the post and gate security system being installed on the site and the li�htinJ system being implemented at the site, Friendly believes the site will be secure and its employees, its neighbors and its property safe. However, Friendly certainly intends to routinely review this issue and if problems arise, Friendly will step up security efforts as appropriate. Friendly views security on its entire site, including this new lot, as an issue which will always need to be reviewed and Friendly will continue to work cooperatively with the Fridley Police, as it has in the past, to insure that its entire property, including this new parking lot, is safe and secure. Hopefully, this security plan meets staff approval. If it does, we can present this plan to the Council. If it does not, please itemize in detail the remaining concerns you have and any suggested remedies which would be acceptable to staff. Youc input, assistance and prompt attention to these remainin� two stipulations will be greatly appreciated. On another matter, it appears that I left the pictures of the two fence proposals with you at the Planning Commission meeting. It would also be appreciated if you could bring those pictures to the City Council meeting on January 22, 2001. JTL/lli Enclosure cc: Ronald Stelter Paul Bolin ✓ Yours very truly, �EVAHN *** Postscript after Fax: In reviewing the Exhibits to Brian Kirkman's Letter that I faxed to you, speciiically El.B of 2, I noticed a typographical error. The sheet faxed to you incorrectly referenced the light source as "125 WATT HIGH PRESSURE SODIUM." That has been corrected and the sheet being sent with this letter shows the correct light source as "150 WATT HIGH PRESSURE SODIUM." I apologize for any inconvenience this may have caused. Sincerely, Joel T. LeVahn „ FRO�i'��EBER ELECTRIC COMPRNY '�O • 763 571 7734 2v'�,.01-15 16:29 �462 P.02/10 < •� 577 SHOREVIEW PARK ROAD PHONE (651) 490 133� SNOREVIEW, MINNESOTA 55126 FAX (651) 490 067C www.weberelectric.com January 15, 200 70�1 LeVa�w Zappia LeValul & Heuer LTD 941 �iillwind Rd N$ Suite 301 Fridley,lR�T 55�32 Re: Friendly Chevrolet Lat Light�uo�g Deax Ioel: I hope the follo�ving can be of assistance in understanding and investigating our goals as lighting designers. This specifically surr�rnarizes oux intent on the following project when conducting Iighting layouts and test. The intent oFperforming � Iighting desigzl layout is to ensure not �nty the desired light levels, but also the control of stray and aznbient light. The Friendly Chevrolet Iot at issue has been modeled using computational methods th�zt incorporate Izghtirig data of the light heads and poles to be used on site. Cttreful considcration has been put into seiecting lighting fixh�res, mounting Iocation, and mounting hezghts in ordes iv accomplish the task at hand. The following outline descri�bes thc original lighting desi�� submitted to the customer, which will later be altered in the article.l � This cozresponds to Drawing b1.A �ROM�:`JEBER ELECTRIC COMPANY �TO . 763 571 7734 2P^-1.01-15 16�29 #462 P.03/10 . ' ' ' 1 Considering strictly ground level Iighting intensities, r.�easured in foot-candles, a safe, lighted ecn�trixonment has been achieved within the parking lot. As prescribed by the Illuminating Engineering Society of Nozth America, a Iow-lit lot has an average value of .8 foot-candles, and a medium-lit Iot has an avezage value of 2.4 foot-candtes.� The Iow- lit levels MLIST be met in arder to ensure security duzzng evening and dim-Iit hours.3 The lighting zx�odel calculates the avera.ge £oot-candle value of the lot to fa11 between a Iow and medium-lit level at a value of 1.4 foot-candles; biased tow�ud a low-lit defitzition.4 As we11 as meeting these lighting requirements within the lat, measures hava been taken in order ta make sure the area outside the Iot is uvt affected by thc Io# lighting. The fwrthesl- distance Away from the edge of the lot in which any zneasurable amount of li�ht emitted by the lot fixtures is 40,feet. This occurs at both the rsor�tfe attd south ends of the Iot. Conceming light spilla�e on the east and �vest sides, the c.iastance at wluch light le<<e1s due ta the lot Cixtiures fall to an immeasurable amount is lSfeet. Outsidc these distances, there is no �round Ievel lighting that occuzs due to the 1ot lightzx�g.s Several desi� factors constitute that tliese eriteria axe m�t. The fixture type selected has an appearance that is contemporary with modern Iighting standards and blends �vell with other fixture types within the community. The light source within the fixtiue is a 254-waft metal halidc bulb, which emits a white shad.e of light; similar to the sbade emitted by a typical fluorescent light source. 'I'he 25U-watt source used in each fixttue head is the lowest standard wattage available that ��ill achieve 2 IESNA Lightin� ievel Handbook; pg. 93, Wall Str�et, New York, New York,10005 3 IESNA Li�htine Levet �Iandbook; pg. 94, Wall Stree� New York, New York, 10005 ` See Drawing � 1.A s S�� Arawiug E1.A 1993, I12ummating Enginecring Society of North Amezica, 120 1993, Tlluminatina Engineering Society of North America, 120 �ROM�:WEBER ELECTRIC COMPANY -�0 763 571 7734 2P�'�.01-15 16�29 �462 P.04/10 safe light level standards, The next Iowest standard wattage in a metal ha�ide type light source would compromise the security of the lot due to low lev�ls of light. Though identical in appearance and light source, the perimeter sing�e-head fixtures vary in design from the iaterzor rivin-head fixtures. The perimeter fixtures, being that they axe adjacent to residential zones, aze specified with xear projection shields. Thits will ensuze that the Iight source is cast znto the interior of the lot as opposed to exterior edges, or the residential zones. I�ue to these shields, the light sowrce of these peri.meter lights will be i�aaperceptible from behind. However, the light sowrce on the opposite side of thc lot can be seen. Though this is true, the closest distance fTozn vutside the lot at which this Ii�it may be seen woci.ld be ncazly 300 feet, as this is the width of the lot itself. At this distance, the distant light sonrce has already been �ngled and cast to the ground, ti�rhe,re khe majarity of thc light zs absorbed. Tlie height of the Iight source has also been taken into design consideration. Thc praposed lights are to be mounted on 20-foot light poles. This height is lawer than the 25 to 30-foot mounting standazd seen in naost lot apptications. The design relative to this project uses a lower mounting height as another method to control light spillage iunto unwanted areas. As the liglat head mounting height increases, the area the light covers also zncreases. In order tv keep the arca of lighted space to a minimum, a Iower mountzzag height is employed. �V-hile the abave design methods are consistent with quality ligl�t control, a significant change iii the oribinal design plan has beexz �made in order to establish a more neighborhood-fricncily lighting distribution. The change, which will be noticed primarily in the color of the Izght source, was agreed upon by the ownez� and the designer. The FROM.�WEBER ELECTRIC COMPANY �O - 763 S71 7734 2c �.01-15 16:29 �462 P.05/10 oxiginal intent was to provide a metal halide, white-source Iight, but when computed models revealed that safe Iighting Ievels could still be met with lower watta.ge bulbs of a different source type, it was a�eed that the modificaiion should be made. The change includes Iowering thc watta.ge of the li�ht source as well as changina the type of light source used. The new Iighting design will iznplement a high-pressure sodium light sotJxce, which emits an orange to yellow tint. Though this change in source color compromises the true reflected color of obj ects being ill�uninated by the light, the cox�sideration of sturounding environment versus lot intcnt allowed for this change tv be made. The original metal halide source was chosen for the fact that it v+rould generate a !'iciler army rcflccted colors. It is considered that since this Iot's primary function does not de�»and a high colar index, a less obtrusive light with a Iower color index can be utilized. The wattage has also hee�� lowerecl by 100 wAtts peT Iamp to 150 watts. In comparison, the new light source will give off l�ss glare, wh�ich along wilh the �ower wattage, is favoraUle to those iz� the scurvwnding area. Though the average Iight level within the Iot has been dccreased as a factor of the source change, a s�fe level of lighfiing is maintained.� It can also be seen that the new dcsig�a controls light spillage into the surroundi�,g area� just as the ori�inal design had dane. A11 othcr dcsi� factors, which include mounting height, lvcatian, and housing/shielduig types, have remained ihe same. Thes� factors �vill continue to sez-ve in the capacity in which they weze originally intended and expla.ined. Many methods kno�cvn within the lighhng industry are used in order to achzeve the desired results; wkazch aze to provide a safe level o£ light in the intended area while attempting to minimize the leve� of light outszde the azea in consideration. The above 6 See Drawing EI.B FROhLsWEBER ELECTRIC COMPANY -"t0 • 763 571 7734 20�'�.01-15 16:30 �462 P.06/10 • , . . j , narrative, along with the computer-generated models, shows that the methods utilized a11ow the designers to meet their goals. Please feel free to conta.ct me with questions concerning any aspect of the lighting design for this proj ect. I can be reached via any of the listings for our office as well as via e--xnail. Sincerely, � . �� Brian A. Kirlanazx brianit@webexelcctric.com Weber Electiric FRO� �•WEBER ELECTRIC COMPANY :.,TO . 763 571 7734 2Q+:11.01-15 16�30 #462 P.07/10 a.o o.o a. ao 0.0 0.1 o.t �Qr ti ai ac 0.0 0A oa co o.o a.o o.0 0�0 60 40 o.c ao ai o.t ai �,t4;,,. 0.1 at a.t o.o 0 0.0 0-0 c RO 0.0 0, : j� f•• 0.7 3 D 1 . � . .l �l Od i D .i .l� +, . . `` 0 OA 0-0 � C � / �-----� �\ oA 0.0 0� i.••�+2 �QS 0.6 3 6! dl 0.1 0.I 0.1 0.I 0.1 O�t Ol l 0.1 ,�0.? 0.4'�D.6 0.6 Ob� ♦'• 1 C-0 LLO C i 0.0 Oa 0.' d3 t.� l' 68 5�_.,,at,��2 0.J O.J 0.9-''0'.-7- 0.� a7 o.i"a.2 �6? 44 0.3 0.6 �t OA ¢0 • c ao o.� 3�'0. •t L o. o.a a� a�.g✓ .� os c:^a�oa n�'`o.�tia.. aa o.� s �.� .o +.0 7. 7' o.� ao . ( � ' /` .1 "'``. / 0.0 Od 0� 9 62 � i 1. 7 !Ls OS' 0.7 Q,9^�d9 �j. ..� 1.1 RT 0.6� S , i iG RA 5 : 0.1 0.0 . 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