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03/05/2001 - 4744OFFICIAL CITY COUNCIL AGENDA CITY COUNCIL MEETING MARCH 5, 2001 � ` y FRIDLEY CITY COIINCIL MEETING r i ctnoF F!�a� ATTENDENCE SHEET Ma�n.day, Mcvt.ch 5, 2001 � 7:30 P.M. PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN ITEM PRINT NAME (CLEARLY) ADDRESS NUMBER . I u N� 1�ti� � I�z. �� v'� '�. . _ .,� �- �-�. � � .�-�..�..��►�, � � _ `� � ; �; i � - � , �;, _ , ;, �, � °� � �, -�� 1 �;�� -` ��-:�,.� �::/ `��.>� � � �- � �-�� N _.. � - ; � :r _ .� �- . ._,, ,. � . �- _ _ � ..A ,�. ._ � �� "� �'` l � ;r '' ��; M�� - � n� � � ��- � . j��,-�t ;�� - /�' _ �- � � _ :�- ✓ �, �� _C° rS_ �� L 3 � ,=�; � � � �;- �� L��---� �i �cx � �' c.� � � � � ,%` y � ' LG —�— - _ ..� L� 1 �/ , _ c �f� , , ,�� ,-,�. 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L _ � - � ��✓�-!� l � � )_� �-- �-v��- _ ._.. 1 __ > ' T I � �l � � � ��L C �� C ./ r,; t'�/' �' ` i r- r� K�,, � n .� �- �� C�'y-S' �� v�;v��w T�-�X - � rc �� S� �� r-�-�; j -� �j c��=� �f � ; �� s�t �,- �� .. -�� #` �a-�t-� �a�, �ke.al `�s-f�-� `i �-t ;� ti�,e�� z � � �. � �'�, �� h�� `-�Z � �� - , /% 3�. ;, ,.�„ ,�. �,,.�.. _ � � � �f �'f ��%��`z.y !X-��' 1 v� -� . ,% . �Gl �%�` u� � �� :_�- L'. ��.� %�� r�r�� r� ��%�� _��y�� 6 �� ,��T� s r /v � � ,��' �1% �� `�.�� % ��_ � i% � �----_ �- �/ � �� s"'./ �•� � �j r'1 �/ / �.`��. � =��G �, �� --�. � ,,'1 ( � �-�e� � � �� l� ��ti�a � �� C��r�� -� . . � � T�t ��y � , � � CITY COUNCIL MEETING OF MARCH 5, 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. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of Feb�uary 26, 2001 OLD BUSINESS: Second Reading of an Ordinance Amending the Fridley City Code Creating Chapter No. 129 Pertaining to Trespassing on Private Property ............................................. 1- 6 2. First Reading of an Ordinance to Amend the City Code of the City of Fridley, Minnesota, by Making a Change in Zoning Districts (Rezoning Request, ZOA #01-01, by Gateway East Redevelopment, LLC) (Ward 1) (Tabled February26, 2001 ........................................................................................ 7- 9 FRIDLEY CITY COUNCIL MEETING OF MARCH 5, 2001 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS (CONTINUED): 3. Resolution to Vacate Portions of the University Service Road and 57th Place, Generally Located Northeast of 57th Avenue and University Avenue ' in Order to Accommodate the Gateway East y Redevelopment Project (Vacation Request, = SAV #01-01, by Gateway East Redevelopment , LLC) (Ward 1) (Tabled February 26, 2001) .................................................. 10 - 12 NEW BUSINESS: 4. Establish a Public Hearing for April 9, 2001, to Consider Modifications to Tax Increment Finance Districts 7 and 9 ............................................................................................ 13 - 18 5. Receive Bids and Award Contract for Sanitary and Storm Sewer Lining Project No. 337 ....................................................... 19 - 20 6. Receive Bids and Award Contract for Repair of Well Nos. 5 and 9 ..................................................................................... 21 - 23 � � 7. Appointment ................................................................................................. 24 � 1' � FRIDLEY CITY COUNCIL MEETING OF MARCH 5 2001 PAGE 3 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 8. Claims ........................................................................................................... 25 � ! 9. Licenses ....................................................................................................... 26 10. Estimates ...................................................................................................... 27 ADOPTION OF AGENDA. OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes. PUBLIC HEARINGS: 11. Consider an Ordinance Recodifying Fridley City Code, Chapter 205, Entitled "Zoning" by Adding a New Section 205.31, 0-6 Residential Lots Created Prior to 1955 District Regulations (Zoning Text Amendment, ZTA #00-04, by the City of Fridley)(Continued fromFebruary 5, 2001) ..................................................................................... 28 - 39 12. Consider an Ordinance Amending - Chapter 7 of the Fridley City Charter Pertaining to Taxation and Finances .................................................................. 40 - 42 FRIDLEY CITY COUNCIL MEETING OF MARCH 5, 2001 PAGE 4 OLD BUSINESS: 13. 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 (Tabled January 22, 2001) ................................................................................. 43 - 54 ► 14. First Reading of an Ordinance Recodifying Fridley City Code, Chapter 205, Entitled "Zoning" by Adding a New Section 205.31, 0-6 Residential Lots Created Prior to 1955 District Regulations (Zoning Text Amendment, ZTA #00-04, by the City of Fridley)(Tabled February5, 2001) .............................................................................................. 55 — 61 NEW BUSINESS: 15. First Reading of an Ordinance Amending Chapter 7 of the Fridley City Charter Pertaining to Taxation and Finances .................................................................. 62 - 64 16. Informal Status Report ....................................................................................... 65 ADJOURN. FRIDLEY CITY COUNCIL MEETING OF MARCH 5, 2001 .. i . ' �� • �.. � 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. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: 4. Establish a Public Hearing forApril 9, 2001, to R�� Consider Modifications to Tax Increment Finance Districts 7 and 9 ........................... 13 -18 �� p�� City Council Meeting of February 26, 20. 1 �1�g �u�,,..�, �,-�.�.�.�,2 � �'I � � �>. OLD BUSINESS: Second Readinq of an Ordinance ArY,�ending the Fridley City Code Creating Chapter No. 129 Pertaining to Trespassing on Private Property........................................ 1 - 6 O�ci I��I� 2. First Reading of an Ordinance to Amend the City Code of the City of Fridley, Minnesota, by Making a Change in Zoning Districts (Rezoning Request, ZOA #01-01, by Gateway East Redevelopment, LLC) (Ward 1) (Tabted February 26, 2001) ........................ 7- 9 5. � Receive Bids and Award Contract for Sanitary and Storm Sewer Lining Project No. 337 ................................................ 19 - 20 Receive Bids and Award Contr�ct for Repair of Well Nos. 5 and 9 ..................... 21 - 23 7. Appointment �;, 8. Claims ....... = IC4D � Res^olut on to Vacate Portions of the University #� 5—� � Seniice Road and 57th Place, Generally Located Northeast of 57th Avenue and University Avenue 9. in Order to Accommodate the Gateway East Redevelopment Project (Vacation Request, SAV #01-01, by Gateway East Redevelopment LLC) (Ward 1) (Tabled February 26, 2001) ............................................ 10 -12 Licenses ........................... 24 25 26 10. Estimates ..................................... 27 �� FRIDLEY CITY COUNCIL MEETING OF MARCH 5, 2001 PAGE 2 ADOPTION OF AGENDA. � ) � � ��,�,�t �1�.� G~� r� First Reading of an Ordinance Recodifying � Fridley City Code, Chapter 205, Entitled "Zoning" by Adding a New Section 205.31, 0-6 Residential Lots Created Prior to 1955 � � istrict Regulations (Zoning Text Amendment, �'� ZTA #00-04, by the City of Fridley)(Tabled February 5, 2001) .............................. 55 - 61 �� V �� p�.�v-� � OLD BUSINESS (CONTINUED): OPEN FORUM, VISITORS: Consideration of not on Agenda -15 minutes. ��,�o�{ � NEW BUSINESS: PUBLIC HEARINGS: �jl �� 15 First Reading of an Ordinance Amending .�., Chapter 7 of the Fridley City Charter 11. Consider an Ordi ance Recodifying �(� 7�� Pertaining to Taxation and Finances .. 62 - 64 Fridley City Code, Cha ter 205, Entitted �' ; D a�� '� "Zoning" by Adding a New Section 205.31, �� %�� 0-6 Residential Lots Created Prior to 1955 District Regulations (Zoning Text Amendment, ZTA #00-04, by the City of Fridley)(Continued from February 5, 2001) ...................... 28 - 39 ��4� 12. Consider an Ordinance Amending . Chapter 7 of the Fridley Ci�y Charter � Pertaining to Taxation and Finances �� j.�� ,�,�. �� OLD BUSINESS: � � ��r ,� i '��1 40 - 42 1� °' �� 13. 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 (Tabled Janua 22 2001 43 54 rY � ) ........... ... - �e� I' r� �. �� v�.�- ' �� `T �� '� �- � c�'' �� '�-� ,� C° `w"�,' ��, "`'`� `°��"�� Vvvcsz�r(v�, h��f� � � �fi�6�� U � nformal Status Repo ........................ 65 As� � �. � �.�,,.��.c. �:tir S-c.,r,-1►n. ADJOURN. �-� i '�,� t� �� -� �� - �,,�^°��; l��i!"t3-�-�— � �, �.�,� �3 cg - � � ��`� I'r'i a � �"p J._ �$�� +-�. �r� �� r, t � �� i ��,�� -1' — �r 1 � � �� i�,�,�k aa3 •� ��.�- ,, �/"� °'�-:rw:��', �� L-nC; L.c>5-� ��'�w� " «� b��c.�G4.,,-: �� 'e'�' ai?%,��.:�,x �r"�`� �a� n \�� 1 rn� c�,,p �� cc. l Q.X isfS, 1✓� �t -(:�: �',vr� � �� . � �� THE M�S OF THE FRIDLEY CITY COUNCII. MEET'ING OF FEBRUARY 26, 2001 , , ;;� � ° .< THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF FEBRUARY 26, 2001 The Regular 1�leeting of the Fridley City Council was called to order by Mayor Lund at 7:30 p.m. Y PLEDGE OF ALLEGIANCE: Mayor Lund led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Lund, Councilmember Barnette, Councilmember Billings, and Councilmember Bolkcom MEMBERS ABSENT: Councilmember Wolfe APPROVAL OF PROPOSED CONSENT AGENDA: MOTION by Councilmember Barnette to approve the proposed consent agenda. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES: Cit�,Council Meeting of Februarv 5, 2001 APPROVED. NEW BUSINESS: 1. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF FEBRUARY 7, 2001: RECEIVED THE MINUTES OF THE PLANNING COMMISSION MEETING OF FEBRUARY 7, 2001. 2. FIRST READING OF AN ORDINANCE AMENDING THE FRIDLEY CITY � CODE CREATING CHAPTER NO. 129 PERTAINING TO TRESPASSING ON PRIVATE PROPERTY: � Mr. Burns, City Manager, stated that this ordinance would allow property owners of certain t�pes of properties to exclude individuals who have committed a crime on that propem�, or have violated its rules of conduct, from entering their property. Tenants FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 26 2001 PAGE 2 may also issue trespass notices. This also applies to azeas of the property with restricted access ("employees only"). The property owner or tenant issues a written trespass notice within thirty days of violation. It is a misdemeanor if the property is entered into within one year. If a violator re-enters the property, the Police may be called for assistance. This ordinance will prevent someone who has been evicted from a property from returning to that property. Mr. Burns stated that properties included in this ordinance are places of worship, malls and other retail spaces, hotels/motels, restaurants, multiple dwellings, office buildings, � and theaters. The ordinance was reviewed by the City's Prosecuting Attorney and the City Attorney. Staff recommended Council's approval. WAIVED THE READING AND APPROVED THE FIRST READING OF THE ORDINANCE. 3. RECIEVE BIDS AND AWARD CONTRACT FOR 2001 STREET IMPROVEMENT (SEALCOAT) PROJECT NO. ST. 2001-10• Mr. Burns, City Manager, stated that the low bidder for the City's 2001 sealcoat project is Pearson Bros. Inc. from Loretto, Minnesota. The streets to be sealcoated lie between TH 65 and the City's border with New Brighton. The southern boundary for the project is generally Hathaway Lane. The northern boundary for the project is generally 69`�' Avenue. Staff recommended that Council receive the bids and award the contract to Pearson Bros. Inc. from Loretto, Minnesota in the amount of $126,990.64. This number is within the $180,000.00 budgeted for this work. RECEIVED BIDS AND AWARDED CONTRACT FOR 2001 STREET IMPROVEMENT (SEALCOAT) PROJECT NO. ST. 2001.10. 4. RESOLUTION NO. 14-2001 RECEIVING THE FEASIBILITY STUDY AND CALLING FOR A PUBLIC HEARING ON THE MATTER OF �ONSTRUCTION OF CERTAIN IMPROVEMENTS: STINSON BOULEVARD STREET IMPROVEMENT PROJECT NO. ST. 2001-1: Mr. Burns, City Manager, stated that the City of New Brighton proposes to reconstruct the common boundary street Stinson Boulevard as part of their 2001 street reconstruction program. The project includes resurfacing of the roadway and the installation of concrete curb and gutter. City policy assesses at a rate not to exceed $15 per foot of lot width. Thirteen properties would be affected; eight properties would be assessed at up to a maximum of $1,200 each, according to policy. The proposed hearing date is March 26, 2001. Staff recommended establishment of the public hearing for the Stinson Boulevard Street Improvement Project and for the assessments. ADOPTED RESOLUTION NO. 14-2001. � 0 r FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 26 2001 PAGE 3 5. APPROVE THE 2001 ANOKA COUNTY RESIDENTIAL RECYCLING AGREEMENT: Mr. Burns, City Manager, stated that this is the standard annual agreement executed with Anoka County, to obtain state funds (called SCORE funds) for recycling programs. The agreement put some program limitations on the City in exchange for $74,680.24 in funding. There are no new requirements in this year's agreement. Staff recommended Council's approval. APPROVED. 6. MOTION TO APPROVE AN ORGANIZATION CHANGE IN THE FRIDLEY POLICE DEPARTMENT: Mr. Burns, City Manager, stated that the Police Department is proposing an organizational change in the rank structure. There are two divisions within the Police Department: Operations - commanded by the Deputy Public Safety Director; and Technical Support - commanded by Lieutenant. Both of the current division commanders will be retiring in 2001 (March and September). The Public Safety Director recommended to change both positions to the rank of Captain effective with each retirement. The change is cost neutral. The change provides for ability to change assignments between the division commanders in order to provide experience in each division. This is a career development move for the new captains. The Police Civil Service Commission has unanimously approved the change. Staff recommended approval. APPROVED AN ORGANIZATION CHANGE IN THE FRIDLEY POLICE DEPARTMENT. 7. MOTION TO APPROVE A CONTRIBUTION TO THE MINNESOTA MUNICIPAL BEVERAGE ASSOCIATION TO ASSIST IN DEFEATING WINE IN GROCERY STORES LEGISLATION: Mr. Burns, City Manager, stated that as a member of the Minnesota Municipal Beverage Association (MMBA), the City was asked to assist in educating Minnesota citizens with the problems associated with adding wine to the product line of grocery stores. The MMBA has asked each of its members to contribute an amount based on their gross sales to aid in opposing an effort to allow wine to be sold in grocery and convenience stores. If this bill passes in a form that would allow the change, it would move the income from liquor sales from the metro municipalities to grocers and convenience store operators This change would have a negative impact on property taxes, since the income from liquor sales reduces property taxes. The City has been asked to contribute $5,000 towards the activity of opposing the lobby on this proposed bill. Most of the metropolitan communities that have off-sale liquor stores have already provided their respective allocation to this effort. Staff recommended Council's approval. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 26, Z001 PAGE 4 APPROVED A$5,000 DONATION TO THE MINNESOTA MUNICIPAL BEVERAGE ASSOCIATION TO ASSIST IN DEFEATING WINE IN GROCERY STORES LEGISLATION. 8. APPOINTMENT: Mr. Burns, City Manager, stated that staff requested approval of the appointment of Scott Hickok to the position of Director of Community Development, replacing Barbara Dacy, effective today. This is an exempt position. Mr. Hickok has served as Acting Director of Community Development since January 10, 2001. 9. CLAIMS: APPROVED PAYMENT OF CLAIM NOS. 98043 THROUGH 98327. 10. LICENSES: APPROVED ALL LICENSES AS SUBMITTED. 11. ESTIMATES: Government and Enterprise Services 5501 Humboldt Avenue North Brooklyn Center, MN 55430 Services Rendered to Procure Prioritization and Funding for Highway 65 Improvements between I-694 and 63`d Avenue N.E. (Months of January and February, 2001) $6,000.00 Shakopee Valley Printing 5101 Valley Industrial Boulevard - Shakopee, MN 55379 Preparation and Mailing of February, 2001 Issue of the Fridley Newsletter $2,337.12 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 November, 2000 $17,268.00 FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 26. 2001 PAGE 5 No persons in the audience spoke regarding the consent agenda items ADOPTION OF AGENDA: MOTION by Councilmember Billings to adopt the agenda. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE s MOTION CARRIED UNANIMOUSLY. OPEN FORUM, VISITORS: Mr. Tim Hanley, 5680 East River Road, stated that on December 3 there was a sewage backup into his basement that was determined to be due to a City blockage about one and one-half blocks from his home. Two different contractors estimated the damage. The League of Minnesota Cities representative has agreed to reimburse him for the cost of the carpet. He said the drywall and the paneling removal and replacement was also expensive. He understands that the City is insured for these types of events. Perhaps that insurance can be used for this damage. Mayor Lund stated that this is an item being considered in the survey of the commissioners within the City. The City does not have insurance for sewer back-ups. It is insured through the League of Minnesota Cities. There is an opportunity for the City to purGhase sewer backup insurance at a cost. He asked if the City wanted to add another cost for a relatively small number of people that may have backups. He asked if the City was liable for backups in their system when this happens. Mr. Hanley stated that the League of Minnesota Cities indicated that they were not admitting any liability or responsibility, but as a good will gesture they offered to reimburse Mr. Hanley for the cost of the carpet. Mr. Hanley said he is required to insure his property regardless of whether he maintains his property or not. He felt the City should purchase sewer back-up coverage if it becomes available since there is a need for it. Mayor Lund stated that this was something Council was looking at, but it will not help Mr. Hanley this point. His own insurance may be an option. Mr. Hanley stated that his insurance has ambiguous insurance backup coverage. Some do have it and some do not. They simply were not covered for that. Mr. Burns stated that, typically, cities are not held liable for sewage backups unless they did know that it would occur. Courts have upheld in the City's favor. The sewer system is ' vulnerable, and the City does not accept responsibility far that. The League of Minnesota Cities is looking at Mr. Hanley's costs and will only insure where it thinks the City has been liable. � The alternative is to file in Claims Court but it is a long shot. Mr. Hanley stated that he understood the issue of liability. This is just the way it should be, but if additional insurance is available that is because there is a need for it. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 26. 2001 PAGE 6 Mayor Lund stated that there is a need but there is a cost factor. Councilmember Bolkcom stated that citizens need to check with their own insurance and have backflow preventers. It is too premature to say what the cost is and to weigh the benefits. Mayor Lund stated that staff will need to figure out where this fits in the priority level. He will look into this further. Councilmember Barnette asked if the City Attorney had some suggestions. Mr. Knaak, City Attorney, stated that this is something they could look into. Councilmember Billings stated that his insurance carrier would not pay damages any more than the City's carrier. Ms. Geri Lynn, 7303 Taylor Street, stated that on the City's website the minutes would not come up for the January 22 meeting. She said the contacts listed for the County, State, and Federal officials needs updating. There has been some discussion going on at the State Capital between the MMHA and whomever about a park closing statute. In no way has APAC been invited. APAC should be informed of these meetings should the legislature get pulled together. She asked for a copy of the revised draft of the park closing ordinance before the meeting next Monday. Mayor Lund thanked Ms. Lynn and stated that the website will be updated. He also said she would be able to receive a copy of the ordinance. REVOCATION HEARING: 12. REVOCATION OF TOBACCO LICENSE ISSUED TO WALGREEN'S DRUG STORE, GENERALLY LOCATED AT 6525 UNIVERSITY AVENUE N.E. (WARD 1) MOTION by Councilmember Bolkcom to open the hearing and waive the reading. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 8:05 P.M. Mr. Burns stated that they are recommending that this hearing be continued until March 26. MOTION by Councilmember Barnette to continue the hearing until Mazch 26. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE REVOCATION HEARING WAS CLOSED AT 8:06 PM. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 26 2001 PAGE 7 PUBLIC HEARING: 13. ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY MINNESOTA, BY MAKING � CHANGE IN ZONING DISTRICTS (RFZONING REOUEST, ZOA #01-01, BY GATEWAY EAST REDEVELOPMENT, LLC) (WARD 1): MOTION by Councilmember Bolkcom to open the public hearing. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 8:07 P.M. Mr. Bolin, Planner, stated that he would go through the ordinance, preliminary plat request, street vacation, and then give separate recommendations on all three items. Mr. Bolin stated that the project is located at the corner of 57`h Avenue and University Avenue. It is 2.5 acres in size. The former uses of the site were a pawn shop, automobile repair facility, duplex, and two maintenance sites. The goal is to change an aging dilapidated commercial area into new residential. The Gateway East Redevelopment Corporation, which is a spinoff from Real Estate Equities of St. Paul, is proposing to build 28 owner-occupied townhome units priced between $126,000 to $142,000. The units will be two bedrooms with a three story design and two car attached garages. Mr. Bolin stated that Gateway East Redevelopment is seeking to vacate portions of the University Avenue Service Road and 57`h Place, to rezone this property from C-2 to R-2 and replat the property to accommodate the 28 townhome units. The vacation of University Avenue Service Road, bounded on the west by the easterly Mn/DOT right-of-way line for State Highway 47 (University Avenue); on the north by the southerly right-of-way line of 57-1/2 Avenue; on the east by the easterly right-of-way line of said University Avenue Service Road; and on the south by the extension of the southerly right-of-way line of 57`h Place, to said easterly Mn/DOT right- of-way line for State Highway 47, University Avenue. The Planning Commission unanimously approved this at their February 7 meeting after the public hearings held on all three items. Mr. Bolin said on the street utility vacation request staff recommended approval to m�imize development opportunities. He said this is a street layout chosen by the neighborhood. The Public Works Department also approved the street layout. Staff recommended approval to rezone the property to provide the desired density on this site and give the developer flexibility to develop this site in a manner they would establish for residential character. Staff recommended approval on the preliminary plat to combine the five properties into one property and will give the right-of-way necessary for the street layout. Stipulations on the plat are as follows: 1) Petitioner shall obtain all necessary permits prior to construction; 2) Grading and drainage plan would be approved by City Engineering staff prior to issuance of any building permits to minimize impact to other properties; 3) During construction, silt fencing should be used where applicable; 4) Petitioner shall pay $750 payment of park fees prior to issuance of the building permits; 5) Petitioner shall pay all water and sewer connection fees; 6) Petitioner shall agree to FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 26, 2001 PAGE 8 preserve mature trees to the extent possible; and 7) All trees required to be removed shall be marked and approved by City staff prior to issuance of building permits. Mr. Chris Winter, Real Estate Equities, stated that they are proposing to have eight buildings. Two buildings will have five units and five will have three units. This will allow more green space in between buildings. This will also allow a courtyazd area and move the buildings back for a more residential character. The building is designed to keep the residential look to fit into the neighborhood. There is off-street parking and parking inside the driveway for two cars. The landscape includes boulevard trees, trees on the corner and in the courtyard. Everything else will be sodded. There is a significant border of pine trees. There are front yards with back porches and decks to add privacy. There is a tan scheme with maintenance free siding. The brick banding is on the bottom and bay windows at the side of the building. Privacy decks are off the back. There are rear entrances. The landscape plan did vary to give more residential character with three different schemes. Mr. Winter stated that the units will have a 2.5 car garage with ample storage. On the same level will be an area for a third bedroom or computer area. Upstairs there will be the front porches with the entryway halfway up with an oversized closet. The main living area has full kitchens with oversized windows and patio doors. There will be full baths with one full one on the main level and a reading and computer nook. There are two bedrooms upstairs and a laundry room. The master bedroom has a large walk-in closet. Councilmember Barnette asked what was the difference between the two streets of 57-1/2 Avenue and Fourth Street. Mr. Winter stated that it is scaled at abaut five feet. Councilmember Barnette asked what they were going to do there other than a tree or curbs to prevent an accident. Mr. Winter stated that he could mention at the neighborhood meeting any ideas for what to have there. His concern is safety and reducing the available space is to be considered. Mayor Lund asked if hedging would work there. Councilmember Billing stated that salt and sand will be plowed there in the winter. Mr. Hickok, Community Development Director, stated that staff is looking at Minneapolis or Edina where there are situations like this. A reflectorized post would be visible at the curb. From a landscape perspective, it is extremely difficult because the root system would not have an opportunity to survive. Mayor Lund asked about the feasibility of a retaining wall. Councilmember Bolkcom stated that they would have to be careful to make sure they are not increasing their liability by doing that. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 26, 2001 PAGE 9 Mr. Hickok stated that one concern of the wall is that it can cause damage to the plow equipment, which could become a problem. Mayor Lund asked about lighted bulbs there. Mr. Hickok stated that would be a nice solution. Councilmember Billings asked how the zoning is determined on the vacation of part of 57�' Place = and part of the University Avenue Service Drive. Mr. Hickok stated that they need to take the zoning action first and then the land would be considered the same zoning. The vacation comes after that. The land use would be recognized that the zoning is intended for the land underneath. Staff would like to make sure that the legal description for the zoning matches. MOTION by Councilmember Billings to close the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 8:35 P.M. 14. FIRST READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA, BY MAKING A CHANGE_ IN ZONING DISTRICTS (REZONING REQUEST, ZOA #01-01, BY GATEWAY EAST REDEVELOPMENT, LLC): Councilmember Billings asked when the sixty-day statutory time period would end. Mr. Bolin stated that the si:cty-day period ends on March 5. Councilmember Billings asked if this was tabled until March 5, if it would create a problem for anyone. Mr. Winter stated that the sooner the better and that date would work. MOTION by Councilmember Billings to approve Rezoning Request ZOA #01-01. Seconded by Councilmember Bolkcom. MOTION by Councilmember Billings to table Rezoning Request ZOA #01-01 in order to clarify the language as appropriate and bring it back on the consent agenda of March 5. Seconded by Councilmember Bolkcom. � Mayor Lund suggested that Item Nos. 15 and 16 be treated the same way. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 26, 2001 PAGE 10 15. PRELIMINARY PLAT REOUEST. PS #Ol-01, BY GATEWAY EAST REDEVELOPMENT, LLC, FOR A PROPOSED 28-UNIT TOWNHOME DEVELOPMENT GENERALLY LOCATED AT 5807 AND 5755 UNIVERSITY AVENUE, 353 AND 339 57 PLACE AND 348-5� AVENUE N.E (WARD 11 Councilmember Billings stated that the roadway is vacated and reverts to the abutting property. A portion of 57`h Place is adjacent to the current Valvoline Oil operation. There is also a condemnation procedure. He asked if this includes the portion of the future vacated right-of- way. Mr. Fernelius, HRA Housing Coordinator, stated that the condemnation was totally unrelated to that portion and it is not included. Councilmember Billings asked if the southern half of 57�' Place adjacent to the Valvoline Oil reverts to Valvoline Oil rather than the City. Mr. Fernelius stated that it would revert to Valvoline Oil. The issue is what the City should do since half that vacated right-of-way is affected. Valvoline has been approached with an offer for that part of it and it has not been resolved yet. Councilmember Billings stated that at this point neither the City nor the developer has control of the southern 33 feet of that piece of property adjacent to Valvoline Oil. He asked how Council could approve a plat for something someone else has control over. Mr. Hickok, Community Development Director, stated that they are optimistic and confident that an agreement can be reached a provision be made to maintain the overall integrity of the project. Councilmember Billings asked if it would be more practical to vacate the north 33 feet of 57`� Place and then the other 33 feet adjacent to Valvoline Oil would remain as City right-of-way. He asked what would be the best way to handle this and vacate the remaining portion of the street or hold up the vacation. Mr. Hickok stated that his solution aligns with staffs. The ideal would be to have both pieces and make it part of the plat and consider it all part of the parcel. If it does not work, this project would have to be revisited. Mayor Lund asked if this puts them into a lesser position by allowing this tonight. , Mr. Hickok stated that there is a plan to do extensive landscaping in the right-of-way area and treat it as open space for the developer. This is something that came later as staff was analyzing this plat. He said staff felt the best solution was to move this forward and proceed as we have. Councilmember Billings asked if the plat would be finalized in the future and if Council could proceed with approving the plat that evening in its entirety. He asked if the plat could be redone. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 26 2001 PAGE 11 Mr. Hickok stated that Council has an opportunity at the time of the final plat to discuss any issues. MOTION by Councilmember Billings to approve the preliminary plat request. Seconded by Councilmember Bolkcom. - UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. . 16. RESOLUTION TO VACATE PORTIONS OF THE UNIVERSITY SERVICE ROAD AND 57 PLACE, GENERALLY LOCATED NORTHEAST OF 57 AVENUE AND UNIVERSITY AVENUE IN ORDER TO ACCOMMODATE THE GATEWAY EAST REDEVELOPMENT PROJECT (VACATION REQUEST, SAV #01-01, BY GATEWAY EAST REDEVELOPMENT LLCI (WARD 1)• MOTION by Councilmember Billings to table this item until March 5. Seconded by Councilmember Bolkcom. . UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 17. SPECIAL USE PERMIT REQUEST, SP #Ol-01, BY WAYNE DAHL, TO ALLOW AN AUTOMATIC READER BOARD SIGN TO CHANGE ITS MESSAGE MORE THAN ONCE EVERY 15 MINUTES, GENERALLY LOCATED AT 7699 HIGHWAY 65: Mr. Bolin, Planner, stated that the petitioner is Dr. Wayne Dahl of North Metro Spine Care. Code requires a special use permit to allow automatic readerboard signs but not to change messages other than time and temperature more than once every fifteen minutes. His property is C-2 commercial. He neighbors with Wendy's, Spiker's, and a small office building to the east of his property. The site was originally the FrosTop Drive-In in 1964. It was also used as a miniature golf course in the late 1970's: Dr. Dahl purchased the property in 1981 and remodeled it to accommodate his chiropractic office. Sign permits were issued for pylon signs in 1981, 1988, and 1986 by the Planning Commission. A public hearing was held on this issue. A motion was approved to direct approval of the special use permit with stipulations. Automatic changeable readerboard signs are an approved special use provided that the message does not change more than once every fifteen minutes. In 1996, a special use permit was obtained for the time and temperature readerboard, and it will need to be removed as it is 4.8 square feet. Staff recommended that Council concur with the Planning Commission recommendation of approval for the special use permit subject to stipulations. MOTION by Councilmember Billings to approve SP #O1-Ol with stipulations: Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY WITH THE FOLLOWING TWO FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 26, 2001 PAGE 12 STIPULATIONS: 1) PETITONER SHALL OBTAIN SIGN PERMITS PRIOR TO INSTALLING ANY SIGNAGE ON SITE; AND 2) EXISTING TIME/TEMPURATURE READER BOARD TO BE REMOVED PRIOR TO GRANTING OF SIGN PERMITS FOR NEW SIGNAGE. 18. VARIANCE REQUEST, VAR #01-01, BY WAYNE DAHL, TO ALLOW AN AUTOMATIC READER BOARD SIGN TO CHANGE ITS MESSAGE MORE • THAN ONCE EVERY 15 MINUTES GENERALLY LOCATED AT 7699 HIGHWAY 65 (WARD 21: . Mr. Bolin, Planner, stated that at the February 14 Appeals Commission meeting, a public hearing was held on this variance. After discussion over the lack of hardship necessary to grant this variance a motion was made and approved to recommend denial. Prior to granting of the sign variance, there are four requirements that need to be met. The first is that there will need to be exceptional or extraordinary circumstances applicable to the property or to the intended use that do not apply generally to other properties in the same vicinity or district. The circumstances surrounding this property are neither exceptional or extraordinary. There is direct frontage on Highway 65 and Osborne Road with a single occupant. No other automatic readerboard signs in Fridley change messages more than once every fifteen minutes. The variance is necessary for the preservation and enjoyment of the property rights possessed by other properties in the same vicinity or district. Neither the petitioner nor the properties located in Fridley that have had automatic readerboard signs changed messages more than once every fifteen minutes. Mr. Bolin said that the third requirement is that strict application would constitute unnecessary hardship. This business has been in this location since 1981. This site has optimum visibility. The petitioner could raise the height of the sign to the 25 foot maximum allowed by code. Strict application of the code requires that the petitioner not change the sign message more than once every fifteen minutes. The fourth requirement is that the granting of the variance may not be materially detrimental to the public health, safety, general welfare, or to the properties in the vicinity in which the property is located. Quick changing messages may be detrimental to public safety. If you are driving by these signs and do not catch the whole message you might try to catch the rest in the rearview mirror as you go by. Staff recommended denial, as there is no statutory hardship and no comparable variances have been granted. This would set a precedent. Mr. Kelly Kannigan, representing Dr. Dahl, stated that the reason businesses, municipalities, and schools use these is that they do not pose a danger. He has letters from Costa Mesa and Norwalk that state that these readerboard signs in no way influence traffic accidents. Many businesses readerboards have larger text with two or three different changes with one message. Mr. Kannigan said they teach not to put a paragraph long message in there. Time and temperature displays alternate more often than once every fifteen seconds. It is the sign company's intent to make these displays as affordable as possible. Fridley has been a pro-business community. In _ order for that to flourish he hoped that Fridley would allow free use of electronic displays. MOTION by Councilmember Bolkcom to receive the letters from Costa Mesa and Norwalk, ' California. Seconded by Councilmember Billings. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 26, 2001 ' PAGE 13 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Bolkcom stated that people would probably admit that is why there was an accident occurring. Mr. Kannigan stated that she may very well be correct. Dr. Dahl, petitioner, stated that with the prevalence of the signs everywhere around us, there are massive signs of this type. The Mermaid, Hom Furniture, Perfect Ten Car Wash, Emmanuelle Christian Center, the City of Moundsview, all have these types of signs. The safety issue is not a legitimate issue for the City to consider. There would have to have been a lot of lawsuits and things that would have occurred right now to make safety a legitimate issue. When he looks across the street at Spring Lake Park with massive signage he feels it is unfair competition because it is only on the other side of the street from him. Fridley needs to look at whether they are causing hardships on business people in Fridley. Dr. Dahl asked if Council was penalizing people who do business in the City. That is a very legitimate issue. Councilmember Billings asked how many people driving down TH 65 will see the sign and think that they have a backache and want to swing in to his business to get their back fixed. Dr. Dahl said he thought he needed to communicate with the public as much as any other business. He did not understand why it is an issue that they are a danger or an issue that they may be distasteful. The day is going to come when digital message boards will be made less expensively than a printed sign. This is where the future is going. He felt Council needed to allow businesses in Fridley to develop their business the best way they can and not be penalized because they happen to be in the City of Fridley. Councilmember Billings stated that the question is not regarding whether or not readerboard signs should be permitted. Next time staff reviews the sign code, they could certainly take a look at amending that section. The question is for a request for a variance. State statutes are clear that in order to have the authority to issue a variance there has to be a hazdship caused by the property, not the uses placed on the property. Council has the authority to issue a variance on this type of item. Councilmember Barnette stated that he concurred. Emmanual Christian Center often gets confused with being in Fridley, but it is really in Spring Lake Park. A sign code is in place and Council is expected to uphold the ordinance Fridley has. Fridley City Council has turned down similar requests, and he is adhering to uphold the current code. The code can be changed if necessary further down the line. He thought Fridley was pro-business, but he acknowledged that Council receives criticism on the sign code. Mayor Lund stated that his business is close to Dr. Dahl's. He did not think it would open up another can of worms to allow a variance of this type. A number of businesses would want exactly that and Council has to draw the line. He concurred with Council. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 26. 2001 PAGE 14 MOTION by Councilmember Billings to deny Variance Request, #01-01. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Dr. Dahl stated that Spring Lake Park just changed their sign code to bring it current. Councilmember Bolkcom stated that we should pride ourselves on doing something different than other communities. Visual clutter is not necessary. Dr. Dahl stated that Fridley is the most restrictive compared to the other cities surrounding this community. It is unfair if you have a business on the border. 19. INFORMAL STATUS REPORTS: Mr. Burns, City Council, stated that the newsletter has been mailed. Councilmember Barnette thanked everyone for coming to the Joint Medtronic Task Force between Fridley and Columbia Heights. He said there will be an additional meeting in Fridley to be announced. He encouraged all citizens to come to these meetings for their input. The meeting will be publicized in Focus News. ADJOURN: MOTION by Councilmember Barnette to adjourn the meeting. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE FEBRUARY 26, 2001, CITY COUNCIL MEETING ADJOURNED AT 9:28 P.M. Respectfully submitted, Signe L. Johnson Scott J. Lund Recording Secretary Mayor 0 n t � � CITY OF FRIDLEY TO: 1 FROM: SUBJECT: DATE: AGENDA ITEM CITY COUNCIL MEETING OF MARCH 5, 2001 WILLIAM W. BURNS, CITY MANAGER �� DAVID SALLMAN, DIRECTOR OF PUBLIC SAFETY TRESPASSING ORDINANCE March 1, 2001 Staff is proposing that a Trespassing Ordinance (Chapter 129) be added to the City Code. The first reading of this ordinance was held on February 26, 2001. The premises covered by the proposed ordinance include any real property within the City of Fridley, to which the public has an implicit right of access, including but not limited to: places of worship, shopping malls, retail sales facilities, hotel and motels, restaurants, multiple dwellings, office buildings and theaters. The ordinance requires the issuance of a written trespass notice (included in the ordinance) by a property manager or tenant. The notice may only be issued if the property manager or tenant has probable cause to believe that the person has, no more than thirty (30) days before the issuance of that notice: l. Committed an act prohibited by State statute ar City ordinance while on the covered premises; or 2. Violated any rule of conduct for the covered premises that has been posted at all public entrances to the covered premises or that the property manager or tenant has provided to the person in writing; or 3. The ordinance also covers persons entering certain areas which are restricted by signs such as"Authorized Personnel Only," "Private," "Employees Only," and "Emergency Exit Only." No person covered by this ordinance may trespass upon any of the real property covered by the ordinance. Any person violating any of the provisions of the ordinance is guilty of a misdemeanor. Staff recommends approval of the second reading of this ordinance. Attachments 1 ORDINANCE NO. AN ORDINANCE AMENDING THE FRIDLEY CITY CODE, CREATING CHAPTER NO. 129 PERTAII�TING TO TRESPASSING ON PRIVATE PROPERTY The City Council of the City of Fridley hereby ordains that the following language be added to the Fridley City Code: Chapter 129 Trespassing Section 129.01. Purpose. The purpose of this chapter is to allow an owner of real property to which the public has some implicit right of access to exclude a person from that property if the person has committed a crime on the property or has violated the properly posted or otherwise provided rules of conduct for the property. Section 129.02 Definitions. For the purposes of this chapter, the following words and terms shall have the following meanings, unless the context clearly indicates otherwise: 1. Covered Premises. Any improved real property, or portion thereof, within the City of Fridley, to which the public has an implicit right of access, including, but not limited to, places of worship, shopping malls, retail sales facilities, hotels, motel, nursing homes, restaurants, multiple dwellings, hospitals, medical and dental offices, clubs, lodges, office buildings, banks and financial institutions, transit stations, athletic and recreational facilities, personal service establishments, theaters, and day care facilities. 2. Tenant. Any authorized occupant of a covered premises, or the agent thereof, but excluding an occupant of a domestic use, such as a renter of lessee of a dwelling or apartment, resident in a nursing home, or a hotel or motel guest. 3. Property Manager. Any owner of a covered premises, or the agent of the owner or any tenant who is authorized by the owner to exercise control over the covered premises, including its public common areas. 4. Public Common Areas. All areas of the covered premises, other than private common areas, maintained for the common use of its tenants or of the general public incidental to normal and legitimate activities upon the covered premises, including, but not limited to: the curtilage; parking lots and ramps; private roadways, sidewalks, and walkways; recreational facilities; reception areas; rotundas; waiting areas; hallways; restroom facilities; elevators; escalators; and staircases. 5. Private Common Areas. Other common axeas within the covered premises normally within the exclusive control of a tenant but subject to reasonable regulation by the property manager, including, but not limited to, sales floors, store restroom facilities accessible to customers or clients, checkout lanes, and customer service areas. 2 Ordinance No. Page 2 6. Private Areas. Areas within the covered premises not normaily accessible to members of the public without explicit permission of the person in direct control of the azea, including, but not limited to, individual apartment units, employee rest areas and facilities, banquet halls, meeting rooms, and private offices. 7. Trespass Notice. A written notice that contains minimally the following information: A. Verbatim copies of Sections 129.05 and 129.06 of this Chapter. B. The name, date of birth, and address of the person to whom the notice is issued and the name of the person's custodial parent or guardian if the person is a juvenile. C. A description of the specific conduct that forms the basis for the issuance of the notice. D. A description of the specific covered premises or portion thereof to which the notice applies. E. The period during which the notice is in effect, including the date of its expiration. F. The name, title, address, and telephone number of a person with authority to modify, amend, or rescind the notice. G. The method by which the notice was served upon the person to whom it was issued. Section 129.03. Issuance of Trespass Notice. A property manager or tenant may issue a trespass notice to a person only if there is probable cause to believe the person has, no more than thirty (30) days before the issuance of that notice: 1. Committed an act prohibited by State statute or City ordinance while on the covered premises; or 2. Violated any rule of conduct for the covered premises that has been conspicuously posted at all public entrances to the covered premises or that the property manager or tenant has provided to the person in writing. Section 129.04. Coverage of Trespass Notice. 1. If issued by a property manager, a trespass notice is effective only as to those public common areas and private areas within the property manager's exclusive control, except that a trespass notice may also cover private common areas and other private areas provided the tenant or tenants in control of such areas have agreed in writing to be precluded from inviting onto the premises any person to whom a trespass notice has been issued under this Chapter. Such a trespass notice must state that the tenant or tenants of the covered premises are precluded from inviting onto the covered premises any person to whom a trespass notice has been issued under this Chapter. 2. If issued by a tenant, the trespass notice is effective only as to those private common areas and private areas over which the tenant has control. ' 3. A notice broader in coverage than authorized by this Section shall not be invalid, but shall be valid to the extent authorized by this Section. 3 Ordinance No. Section 129.05. Prohibited Conduct. Page 3 1. No person shall trespass in or upon any covered premises of another and, without claim of right, refuse to depart therefrom on demand of the property manager, or a tenant authorized to exercise control over the covered premises or portion involved. 2. No person served with a trespass notice in conformity with this Chapter shall enter in or upon the premises described therein during its effective period without the written permission of the notice issuer, agent, or assign. 3. No person shall enter any public facility, utility, or grounds thereto, or any covered premises or portion thereof in violation of conspicuously posted signs prohibiting of restricting access thereto, including, but not limited to, the following: " Trespassing", "Authorized Personnel Only", "Private", "Employees Only", "Emergency Exit Only". Section 129.06. Violations. Any person violating any of the provisions of this Chapter is guilty of a misdemeanor. Section 129.07. Additional Provisions. 1. No trespass notice shall be effective for more than one year. 2. All trespass notices issued pursuant to this Chapter must be properly served upon the person named therein as follows: A. Personal service documented by either a receipt signed by the person to whom it was issued or an affidavit of the issuer; or B. If the person is arrested or detained by a police officer, the officer may personally serve the notice on behalf of the property manager or tenant and document service in the officer's official police report detailing the incident. Section 129.08. Severability _ If any section or portion of any section of this Chapter is deemed invalid or unconstitutional by a Court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of other sections or portions of sections of this Chapter. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS _ DAY OF , 2001. ATTEST: DEBRA A. SKOGEN - CITY CLERK First Reading: February 26, 2001 Second Reading: � SCOTT J. LUND - MAYOR : 0 ADDENDUM TO LEASE Regarding Persons Trespassed from the Property Resident agrees not to invite or allow anyone into their apartment, home, or onto the common property, who has been issued a Trespass Notice by the property manager of this property. I UNDERSTAND THAT TO DO SO WILL BE CONSIDERED A MATERIAL VIOLATION OF THE LEASE AND GOOD CAUSE FOR TER.MINATION OF TENANCY. This addendum is agreed to pursuant to Fridley City Code Chapter 129. Management Resident Resident Resident Date Date Date Date Resident(s) acknowledge receipt of this a5 endum by signature of this document. TO: Name: Address: TRESPASS NOTICE AUTHORIZED BY FRIDLEY CITY CODE CHAPTER 129 Date of Birth: (Printed name of parendguardian if person is under 18) Specific conduct that forms basis for notice (include time, place, and circumstances): Date of conduct: You are prohibited from entering the following premises, including all grounds, outbuildings, parking areas, drives, and sidewalks thereto (premises address): ❑(✓ if applies) This notice includes areas under control of tenants. TI� TENANTS OF 'THE PREMISES ARE PRECLUDED FROM INVITING ONTO THE PREMISES ANY PERSON TO WHOM A TRESPASS NOTICE HAS BEEN ISSUED. This notice is in effect and expires at 12:01 a.m. on Date: Date: (must be within 30 days of the date of conduct) (up to one year from effective date) Person to contact with respect to modifying, amending, or rescinding this notice: Name: Title: Address: Phone Number: (if not served by police officer) I verify that I personally handed a copy of this notice to the above person on the above date (specify if different ). (Print and sign name) (At least one of the following must be completed:) ❑ Subscribed to and sworn before this day of , 2000, (Notary Seal) (Notary Public 0 I acknowledge receipt of this notice (Signature is voluntary; parent/guardian should also sign if person is under 18) or ❑ Served by Police Officer Badge Na Icr (May be served by police only authority of property manager or tenant.) FRIDLEY CITY CODE PROVIDES: Section 129.05. Prohibited Conduct. 1. No person shall trespass in or upon any covered premises of another and, without claim of right, refuse to depart therefrom on demand of the property manager, or a tenant authorized to exercise control over the covered premises or portion involved. � 2. No person served with a trespass notice in conformity with this Chapter shall enter in or upon the premises described therein during its effective period without the written permission of the notice issuer, agent or assign. 3. No person shall enter any public facility, utility, or grounds thereto, or any covered premises or portion thereof in violation of conspicuously posted signs prohibiting or restricting access thereto, including, but not limited to, the following: "No Trespassing", "Authorized Personnel Only", "Private", "Employees Only", "Emergency Exit Only". Section 129.06. Violations. Any person violated any of the provisions of this Chapter is guilty of a misdemeanor. Original (Police) Served Copy 6 Manager/Tenant Copy Rev. 02-09-01 : AGENDA ITEM CITY COUNCIL MEETING OF MARCH 5, 2001 CffY OF FRIDLEY Date: 2/28/01 � To: William Burns, City Manager�� From: Scott Hickok, Community Development Director Paul Bolin, Planner RE: First reading for a rezoning of the "Gateway EasY' property M-01-23 INTRODUCTION Gateway East Redevelopment, LLC is seeking to rezone property, generally located at 57th Avenue & University Avenue, to S-2, Redevelopment District in order to accommodate the development of 28 two bedroom townhome units. The property referred to as "Gateway EasY' is comprised of properties formerly used as a pawn shop, an automotive repair shop, a duplex, & finro vacant lots. This item was tabled by the City Council on February 26, in order to make clarifications on the legal description of what property is to be rezoned. These clarifications have been made. PLANNING COMMISSION RECOMMENDATION At the February 7, 2001, Planning Commission meeting, a public hearing was held on the rezoning af the Gateway East property. After review of the proposed project, a motion was made to recommend approval of the rezoning. The motion carried unanimously. PLANNING STAFF RECOMMENDATION City staff recommends that the Ciry Council hold the first reading of the ordinance for the rezoning of the Gateway East property, from a mix of R-2 & C-2, to S-2 Redevelopment District. 7 ORDINANCE NO. AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA, BY MAKING A CHANGE IN ZONING DISTRICTS THE CITY COUNICL OF THE CITY OF FRIDLEY DOES ORDAIN AS FOLLOWS: Section 1. Appendix D of the City Code of Fridley is hereby amended as hereinafter indicated. Section 2. The tract or area within the County of Anoka and the City of Fridley and described as: «A„ Lots 6, 7, and the south 15 feet, front and rear of lot 8, block 4, Bennett-Palmer Addition, Anoka County, Minnesota. Lot 8, Block 4, except the south 15 feet, front and rear thereof; and all of Lot 9, Block 4, Bennett-Palmer Addition Anoka County, Minnesota. «B„ Lots 1 and 2, Block 3, City View, Addition, Anoka County, Minnesota. Lot 3, Block 3, City View Addition, Anoka County, Minnesota. «C„ Lots 4,5, and 6, Block 3, City View Addition, Anoka County, Minnesota. „p>, Lots 7 and 8, Block 3, City View Addition, Anoka County, Minnesota. «E„ Lots 5, 6, and 7, Block 6, City View Addition, Anoka County, Minnesota. �,F„ _ - All vacated right-of-ways adjoining A- E. Is hereby designated to be in the S-2 Redevelopment District. Section 3. That the Zoning Administrator is directed to change the official zoning map to show said tracts or areas to be rezoned from C-2, General Business & R-2, Two Family Units to S-2, Redevetopment District. C� PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS _ DAY OF , 2001. ATTEST: DEBRA A. SKOGEN, CITY CLERK SCOTT J. LUND, MAYOR Public Hearing: February 26, 2001 First Reading: March 5, 2001 Second Reading: Published: �J : AGENDA ITEM CITY COUNCIL MEETING OF MARCH 5, 2001 arir oF FRIDLEY Date: 2/28/01 �, s To: William Burns, City Manager,.h� �J� From: Scott Hickok, Community Development Director Paul Bolin, Planner RE: Consideration of a resolution for the vacation of streets in the Gateway East project area. M-01-24 INTRODUCTION Gateway East Redevelopment, LLC is seeking to vacate portions of the University Service Road and 57th Place, generally located at 57ih Avenue & University Avenue, in order to accommodate the development of 28 two bedroom townhome units, The property referred to as "Gateway East" is comprised of properties formerly used as a pawn shop, an automotive repair shop, a duplex, & two vacant lots. The City Council tabled this resolution on February 26, in order to make a correction to the description of property to be vacated on the resolution. This correction has been made. PLANNING COMMISSION RECOMMENDATION At the February 7, 2001 Planning Commission meeting, a public hearing was held on the vacation request for the Gateway East properiy. After review of the proposed project, a motion was made to recommend approval of the vacation request. The motion carried unanimously. PLANNING STAFF RECOMMENDATION City staff recommends that the City Council concur with the Planning Commission and approve the resolution for the street vacation request. 10 RESOLUTION NO. RESOLUTION TO VACATE PORTIONS OF THE UNIVERSITY SERVICE ROAD AND 57TM PLACE, GENERALLY LOCATED NE OF 57"i AVENUE & UNIVERSITY AVENUE IN ORDER TO ACCOMMODATE THE GATEWAY EAST REDEVELOPMENT PROJECT. WHEREAS, Gateway East Redevelopment, LLC has been selected by the Housing & Redevelopment Authority to redevelop this site; and WHEREAS, Gateway East Redevelopment, LLC has proposed to construct 28 townhome units on this site; and WHEREAS, realignment of the roadways is necessary to accommodate the development; and WHEREAS, neighborhood meetings were held to determine the most favorable street layout for this project area; and WHEREAS, code required street and utility easements are dedicated on Preliminary Piat of Gateway East Addition; and WHEREAS, public hearings were held on this matter by the Planning Commission on February 7, 2001 and the City Council on February 26, 2001. NOW, THEREFORE, BE IT RESOLVED that the City of Fridley vacate the following: That portion of 57th Place, from the south east corner of Lot 8, Block 3, City View Addition, due N 89 degrees 17 feet 48 inches west fifty (50) feet to the point of beginning, thence due south 0 degrees 03 feet - 09 inches east 66.01 feet to the southerly right-of-way line of said 57t`' Place NE on the east; on the north by the northerly right-of-way line of said 57th Place NE on the south by the southerly right-of-way line of said 57t'' Place NE; and on the west by the easterly right-of-way line of the University Service Road. 2. That portion of the University Service Road, bounded on the west by the easterly MN/DOT right-of-way line for State Highway 47, University Avenue NE; on the north by the southerly right-of-way line of 57'/2 Avenue NE; on the east by the easterly right-of-way line of said University Service Road; and on the south by the exfension of the southerly right-of-way line of 57�h Place NE to said easterly MN/DOT right-of-way line for State Highway 47, University Avenue NE. 11 3. All utility easements contained within the above street vacations. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS ____ DAY OF �___ _�_, 2001. ATTEST: DEBRA A. SKOGEN - CITY CLERK SCOTT LUND - MAYOR 12 . 0 : AGENDA ITEM CITY COUNCIL MEETING OF MARCH 5, 2001 CITY OF FRIDLEY DATE: March 2, 2001 TO: William W. Burns, City Manager FROM: Scott J. Hickok, Community Development Director SUBJECT: Senate File Number 73 INTRODUCTION In accordance with the schedule adopted by the HRA last evening, we must ask the City Council to consider scheduling a public hearing for Apri19, 2001. The hearing will allow Council to consider modifications to the redevelopment plans for TIF District Nos. 7 and 9. I apologize for this late addition to the agenda. However, to keep the TIF modification on track and to respond to the pending legislation, a hearing date must be set. ISSUE Tax Increment District plans for TIF Districts 7 and 9 will require modifications to respond to the proposed legislation. Additional information will be made available to the City Council prior to the hearing to educate them on the issues. RECOMMENDATION Staff recommends that a public hearing to consider modifications to Tax Increment Finance Districts 7 and 9 be held on Apri19, 2001. M-01-28 13 KRASS MONROE, P.A. ATTORNEYS AT LAW ■ Jarnes R Casserfy F.inaN co�rl rvww Wiect Dlal (86?) 88Sf296 MEMORANDUM To: Housing and Redevelopment Authority in and for the City of Fridley, Minnesota From: James R. Casserly. Esq. Date: February l, 2001 Re: Senate File No. 73 Our File No. 9571-60 The enclosed bill proposes a reduction in the ability of cities and authorities to use 'TIF revenues from districts for which certification was requested before May 1, 1990. If this bill passes, 'TIF plans for such districts could not be modified af�er April 30 of this year. Further, 'TIF revenues from such districts could not be spent except on activities mceting specified criteria as of Apri130, 2002. Given the revenues currently anticipated from the TIF district in which the Onan project is located, we recommend proceeding with modification of that district immediately. We are in the process of preparing a suggested timeline for your review. We are also reviewing the 'TIF plans for your other districts for which certification was requested before May 1, 1990. If there are suggested modifications in any of those districts we will let you know as soon as possible. Please feel free to conta,ct us if you have any questions about these matters. J l�l.� Encl. GIWPQATA TO AUTHORITY RE SF 73.DOC SURE 1100 SOUTHPOINT OFFICE CENTER •1650 WEST 82ND STREET . BLOOMINGTON, MINNESOTA 55431-1447 TELEPHONE 612/8855999 • FACSIMILE 6121885-596'9. 14 . n S.F No. 73, as introduced l��ne��a Senat�. KEY: $�a� = old language to be removed underscored = new language to be added t.nis+.tur. tlorn. � s.ireh 1-�F rr��.woM� ,� NOTE: If you cannot see any difference in the key above, you need to chan�e th�e ��`� a�d/or underscored language. Authors and Status ■ List versions S.F No. 73, as introduced: 82nd Legislative Session (2001-2002) Posted on Jan 10, 2001 �.� 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 1.25 2.1 2.2 2.3 2.9 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 A bill for an act relating to taxation; prohibiting modification and limiting expenditures of certain tax increment financing districts; proposing coding for new law in Minnesota Statutes, chapter 469. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. [469.1792] [CERTAIN DISTRICTS; LIMITATIONS.) Subdivision 1. [TAX INCREMENT FINANCING PLAN MODIFICATION PROHIBITED.] Notwithstanding anv other law to the contrarv, no tax increment financina district the certification of which was requested before Mav 1, 1990, mav modify its tax increment financinQ plan after April 30, 2001. Subd. 2. (LIMITS ON USE OF TAX INCREMENT REVENUES.] �Z After April 30, 2001, revenues derived from tax increments bv a tax increment financinQ district the certification of which was requested before May 1, 1990, mav be expended on an activitv as defined under section 469.1763, subdivision 2 onlv if one of the followinQ occurs: �� on or before April 30, 2002, the revenues are actually paid to a third partv with respect to the activitv; !2) bonds, the proceeds of which must be used to finance the activitv, are issued and sold to a third party on or before April 30, 2002, the revenues are spent to repav the bonds, and the proceeds of the bonds either are on the date of issuance, reasonablv expected to be spent on or before April 30, 2002, or are deposited in a reasonablv reQUired reserve or replacement fund; �� bindinQ contracts with a third party are entered into for performance of the activitv on or before April 30, 2002, and the revenues are spent under the contractual obliaation; or (4) costs with respect to the activity are paid on or before April 30, 2002, and the revenues are spent to reimburse a �arty for bayment of the costs includina interest on unreimbursed costs. Lb) For purposes of this section bonds include subseQUent refundinq bonds if the oriQinal refunded bonds meet the rectuirements of paraQraph (a) clause (2) (c) Nothina in this section shall be deemed to extend the duration of a district beyond the earlier of• (1) the duration limit of the district as established in its tax increment financinct plan; or (2) the duration limit of the district as established by law. http://www.revisor.leg.state.mn.us/cgi-bin/bldbill.p�l�=S0073.0&session=1s82 3/2/O1 S.F No. 73, as introduced 2.19 Subd. 3. [USE OF REVENUES FOR DECERTIFICATION.] (a) iFor 2.20 anv tax increment financinQ district subiect to subdivis�'ion 2, 2.21 anv revenues derived from tax increments paid bv vrovert�ies in 2.22 the district that remain after the exnenditures permitted under 2.23 subdivision 2 must be used onlv to vav: 2.24 (1) outstandinQ bonds, as defined in subdivision 2, 2.25 paraQraphs (a), clause (2), and (b); 2.26 (2) contractual oblictations, as defined in subdivision 2, 2.27 paraQraph (a), clauses (3) and (4); or 2.28 �3) credit enhanced bonds as defined in section 469.1763, 2.29 subdivision 5, to which the revenues derived from tax increments 2.30 are pledQed, but onlv to the extent that revenues of the 2.31 district for which the credit enhanced bonds were issued are 2.32 insufficient to pav the bonds and to the extent that the 2.33 increments from the applicable poolinct vercent share for the 2.34 district are insufficient. 2.35 (b) When the outstandinq bonds have been defeased and when 2.36 sufficient monev has been set aside to pav contractual 3.1 obliqations as defined in subdivision 2, paraQraph (a), clauses 3.2 C3� and (4), the district must be decertified and the pledQe of 3.3 tax increment discharaed. 3.4 [EFFECTIVE DATE.� This section is effective the day 3.5 followinct final enactment for districts for which the request 3.6 for certification was made before May 1, 1990. Page 2 of 2 http://www.revisor.leg.state.mn.us/cgi-bin/bldbill.p�l'�1�=50073.0&session=1s82 3/2/O1 � � CffY OF FRIDLEY DATE T0: 1�:��1u1 AGENDA ITEM CITY COUNCIL MEETING OF MARCH 5, 2001 February 21, 2001 William W. Burns, Executive Director of HRA Scott J. Hickok, Community Development Director Grant Fernelius, Housing Coordinator SUBJECT: Review & Adoption of Proposed Chronology to Modify Redevelopment Plan - Including Modifications of Tax Increment Financing Plans for Districts 7& 9 OVERVIEW During the February Housing and Redevelopment Authority meeting, the Authority reviewed Jim Casserly's memorandum regarding Senate File No. 73. If SF #73 becomes law, it will impact our pre-1990 Tax Increment Finance Districts. Redevelopment Plan amendments not completed prior to April 30, 2001, will likely not be able to be amended later. As a result, Mr. Casserly's office has prepared a chronology of activities and dates to respond to the proposed legislation. RECOMMENDATION StafF suggests that the Housing and Redevelopment Authority review the attached chronology and authorize staff to proceed as outlined. M-01-19 17 02/23/O1 FRI 09:18 FAX 952 885 5989 CITY OF FRIDLEY, MINNESOTA PROPOSED CHRONOLOGY MODIFICATION OF REDEVELOPMENT PLAN INCLUDING MODIFICATION OF TAX INCREMENT FINANCING PLANS FOR TAX INCREMENT FINANCING DISTRICTS NOS. 7 AND 9 ----------------------------------------------------------------------------------------------------- Thursday, March 1, 2001 HRA Meeting: review of chronology and consideration of approval to proceed Monday, March 5, 2001 Thursday, March 8, 2001 Monday, Marct� 19, 2001 Thursday, March 22, 2001 Thursday, April 5, 2001 City Council Meeting: call for public hearing Proposed Tax Increment Financing Plan modifications provided to County Auditor and School Clerk (minimum of 30 days prior to public hearing) Notice of public hearing delivered to City's official newspaper Publication of notice of public hearing (not less than 10 nor more than 30 days prior to public hearing) HRA Meeting: approve and adopt the proposed modifications to Redevelopment Plan and modifications to plans for TIF Districts Nos. 7 and 9 Monday, April 9, 2001 City Council Public Hearing: review of proposed modifications to Redevelopment Plan and modifications to plans for TIF Districts Nos. 7 and 9 Monday, April 23, 2001 City Council Meeting: approve modifications to Redevelopment Plan and modifications to plans for TIF Districts Nos. 7 and 9 G:\WPDIITA\P\PRIDLEY\60\DOC\CHIiONOLOCY.DOC • C� 003 r 0 0 � � QTY OF FRIDLEY ' TO: ► FROM: DATE: AGENDA ITEM CITY COUNCIL MEETING OF MARCH 5, 2001 William W. Burns, City Manager �� ,,� � Jon H.. Haukaas, Public Works Director March 5, 2001 SUBJECT: Sanitary and Storm Sewer Lining Project No. 337 PWO 1-023 On Wednesday, February 28, 2001, three bids were opened for the Sanitary and Storm Sewer Lining Project No. 337. The low bid was submitted by Lametti & Sons, Inc. of Hugo, MN, in the amount of $151,522. The 2001 budget has � 150,000 identified for sanitary and storm sewer lining. Recommend the City Council receive the bids and award the contract for the Sanitary and Storm Sewer Lining Project No. 337 to Lametti & Sons, Inc., in the amount of $151,522. J HH:cz Attachment 19 BID FOR PROPOSALS SANITARY & STORM SEWER REPAIR PROJECT NO. 337 WEDNESDAY, FEBRUARY 28, 2001, 10:00 A.M. � s � ,,� ° � �� , � . _ _ _ ;x.. _. � . . �. A_� .� � � � � 3T. _,. , . � ffi �� . ��:; �� F Lametti & Sons St Paul Fire & $151,522.00 16028 Forest Blvd No Marine Hugo MN 55038 Insituform Technologies CNA Ins $154,499.00 17988 Edison Ave Chesterfield MO 63005 Visu-Sewer Clean & Seal Wausau Ins $193,993.25 3940 Louisiana Ave S St Louis Park MN 55426 Minnesota Pipe Tool Co. NO BID 515 5th St P O Box 398 Hudson IA 50643 20 � � CfiY OF FRIDLEI� �C�� FROM: DATE: AGENDA ITEM CITY COUNCIL MEETING OF MARCH 5, 2001 William W. Burns, City Manager�,t�J ��" Jon H: F--�au�kaas, Public Works Director March 5, 2001 SUBJECT: Repair of Well No's 5 and 9 PWO 1-024 On Monday, February 26, 2001, bids were opened for the repair of Ciry well No's 5 and 9. Each well repair project was bid separately. Four bids were received for each well. The low bidder for the repair of well No. 5 was Bergerson-Caswell of Maple Plain, MN, in the amount of $63,855. Well No. 5 is one of our highest use wells and therefore a vital part of our water system. The low bidder for the repair of well No. 9 was Keys Well Drilling of St. Paul, MN, in the amount of $16�905. Bidders are required to assume full replacement of all well parts. This has historically not been required once the well is disassembled and inspected. The total bid cost for both repairs is $80,860. This is $15,760 over the $65,000 budgeted for this work. Additional money is available from other budgeted FY 2001 capital projects that we were able to complete ahead of schedule in 2000. Recommend the Ciry Council accept the bids and award the contract for the repair of well No. 5 to Bergerson-Caswell of Maple Plain, MN, in the amount of $63,855 and accept the bid and award the contract for the repair of well No. 9 to Keys Well Drilling of St. Paul, MN, in the amount of $16,905. J HH:cz Attachment 21 �pF F � ` � -� PUBLIC WORKS MEMORANDUM TO: Jon Haukaas, Director of Public Works FROM: Paul Lawrence, Superintendent of Public Works Jim Saeflce, Water Department Supervisor DATE: February 26, 2001 SUBJECT: Repair of Well's #5 & #9 The FY2001 Water Department budget has allocated $65,000 for the repair of Well #5 and Well #9. The City advertised and received bid proposals from four well repair companies, with all proposals meeting City bid specifications. Bergerson-Caswell Maple Plain, MN Mark Traut Wells Waite Park, MN Keys Well Drilling St. Paul, NIN E. H. Renner Elk River, MN Keys Well Drilling St. Paul, MN Bergerson-Caswell Maple Plain, MN E. H. Renner Elk River, MN Mark Traut Wells Waite Park, MN Well #5 Well #9 22 � 63,855.00 $ 73,550.00 � 73,985.00 $111,561.50 $ 16,905.00 $ 18,718.00 $ 22,315.00 $ 25,148.00 ., , � ; � The combined cost for the repair of Well #5 and Well #9 is $80,760 or $16,000 greater than the fund's allocated for this work. City well repair specifications however, direct vendors to assume all Well parts will have to be replaced. The $80,760 includes the replacement of all mechanical parts and therefore is most likely on the high end of the final actual repair cost. The repair of Well #5 has a unknown repair factor as there is a hole in the well casing that could require more work than is contained in the City's specifications to correct. City estimates are based upon information obtained from an inspection report the last time the well was repaired in 1994 and the true current condition of the well will not be known until the well is pulled and a new television inspection is completed. ` The Water Department has ample funds in the Capital budget for any overage associated with he repair of both wells, as the budget also provides $50,000 for water main work on Rice Creek + Boulevard that was completed ahead of schedule last year with savings from the repair of the Commons 3MG reservoir. The $50,000 for the Rice Creek water main replacement combined with the $65,000 available for well repair in the FY2001 Capital budget could provide $115,000 for Well repair. � We recommend that the City accept Bergerson-Caswell's low bid in the amount of $63,855 for Well #5 and Keys Well Drilling in the amount of $16,905 for Well #9. It is important that work proceed on schedule as it is critical that the wells be back in service by mid May for high summer water demand. 23 � � CRY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF MARCH 5, 2001 Name Position Paul Planning Bolin Coordinator Exempt Stacy Planner Bulthuis Exempt Appointment Starting Salary $54,329.76 per year $40,632.48 per year 24 Starting Date Replaces March 5, Scott 2001 Hickok March 5, Paul 2001 Bolin 4 � � anr oF FRIDLEY AGENDA ITEM COUNCIL MEETING OF MARCH 5, 2001 CLAIMS 98330 - 98�58 25 � � GTY OF FRIDLEY Type of License: AGENDA ITEM CITY COUNCIL MEETING OF MARCH 5, 2001 TOBACCO LICENSE The Fifth Element Smoke Shop 7899 East River Rd Fridley, MN 55432 LI CENSES � Dennis Buchanan � ZJ Approved By: Public Safety Fire Inspector Community Developement . Fee $ 125.00 0 0 � � CITY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF Frederic W. Knaak, Esq. Holstad and Knaak, P.L.C. 1690 Minnesota World Trade Center 30 East Seventh Street St. Paul, MN 55101 MARCH 5, 2001 ESTIMATES Services Rendered as City Attorney for the Month of February, 2001 ............................................ �� ..................................... $5,000.00 = AGENDA ITEM CITY COUNCIL MEETING OF MARCH 5, 2001 GTY OF FRIDLEY Date: 2/28/01 �,J To: William Burns, City Manager ;�� From: Scott Hickok, Community Development Director Paul Bolin, Planner RE: Continuance of the Public Hearing for an Ordinance Creating the O-6 Overlay District For Those Lots Created Prior to December 29, 1955 M-01-25 1NTRODUCTION City planning staff has proposed the creation of the "O-6 RESIDENTIAL LOTS CREATED PRIOR TO 1955 OVERLAY DISTRICT REGULATIONS". This overlay district would apply to all residential lots created in the City of Fridley prior to December 29, 1955. The overlay district is a melding of the language currently found in the City's R-1 and Hyde Park zoning requirements. The overlay district is intended to protect existing homes on 50' lots and would not enable property owners to subdivide existing lots into the smaller sizes allowed in the overlay district. At the February 5, 2001, Ciry Council meeting, the public hearing on this item was continued until March 5, 2001, in order to better determine the number of properties affected by this ordinance. The data for Riverview Heights has been reviewed and field checked by City Staff. The additional data review indicated the following: • There are 127 eligible properties in the Riverview Heights neighborhood, a total of four are vacant. • The vacant properties, which meet criteria for inclusion in the O-6 Overlay district, are 611 Buffalo, 630 Ely, 513 Fairmont, and 571 Lafayette. • The HRA owns 611 Buffalo, 630 Ely, & 571 Lafayette. A private party (JMT Enterprises) who owns the adjoining commercial property located at 8150-8154 East River Road owns the parcel at 513 Fairmont. Why was 513 Fairmont the only vacant parcel identified on earlier GIS maps for the 0-6 overlay district? • The "Cook" property, located at 630 Ely Street, was identified as being only 4,890 sq. ft. by our GIS system. After viewing the discussion on the "Cook" lot at the February 5th Council meeting, Grant Fernelius informed me that the title the ;7 Memorandum HRA is holding indicates the property is actually 5,500 sq. ft. (50' X 110'). Grant also informed me that the other two HRA owned properties, which were shown on our maps as occupied lots, were actually vacant. What is wrong with our GIS data? � The parcel information was originally scanned in from 1/2 section maps. While this data is fairly accurate, it is still possible for some parcel sizes to be off by up to 700 sq. ft.. Since the February 5th meeting, we ran additional parcel searches (down to 4,200 sq. ft. in size) and verified the legal descriptions to develop the highly accurate map we now have. (The additional search only turned up two Riverview Heights properties that were actually over 5,000 sq. ft. - the Cook property & an occupied property at 641 Hugo.) � The other two vacant HRA properties that were showing up as occupied on the draft GIS map are the result of Anoka County assessing data being more than one year behind. These properties were acquired and the homes demolished in 2000. Anoka County sends the City data to update our GIS system twice a year. The data they send may be more than one year old, creating up to an 18 - 24 month gap in the accuracy of our data. Were any changes made to the proposed ordinance itself? • Most of the 50' lots we are trying to protect with the overlay ordinance were created through simple lot combinations (often referred to as "combining PINs") during the 1960's, 1970's, & some as recently as 1999. In order to fully protect these properties, we have altered the language of the ordinance so that it includes those lots recorded on plats prior to December 29, 1955 that may have subsequently been combined or subdivided into 50' lots prior to January 1, 2001. Since nearly all of the 50' lots in Riverview Heights are a combination of 2-25' lots, this language is necessary to protect these existing homes. The January 1, 2001, date was chosen because of the large number of parcels that were combined in the Riverview Heights neighborhood in 1999 & 2000 to avoid additional assessments as part of a street project. A discussion with City Attorney Knaak indicated that this is the best way to proceed and woufd hold up in court to any challenges. � After further review by the City Clerk, it was determined that an "0-5" district already existed elsewhere in the City Code. As a result, the proposed overlay district must now be referred to as the "O-6 Overlay DistricY'. PLANNING COMMISSION RECOMMENDATION At the January 17, 2001, Planning Commission meeting, a public hearing was held on the creation of the overlay district. After review of the proposed overlay district requirements, a motion was made to recommend approval of the creation of the overlay district. The motion carried unanimously. 12/22/98 29 Memorandum PLANNING STAFF RECOMMENDATION City staff recommends that the City Council hold a public hearing for the creation of the overlay district, titled, "O-6 RESIDENTIAL LOTS CREATED PRIOR TO 1955 REGULATIONS". � 2i22iss 30 February 23, 2001 Dear Resident: The purpose of this letter is to inform you of a proposed zoning change that may be beneficial to you, your neighborhood, and the City of Fridley. The City planning staff has drafted an overlay district, which would make many of the smaller lots created prior to 1955, conforming in size. A public hearing for the creation of this overlay district will be held by the City Council on March 5, 2001 at 7:30 P.M., in the Fridley Municipal Center. We've prepared the following questions and answers to help you better understand this issue. Why did I receive this letter? Your address has been identified, either, due to your earlier interest in this zoning change or as a non-conforming property that may meet the criteria for inclusion in this overlay district. How do I know if my current lot is non-conforming? If your lot is not at least 7,500 square feet in total size and 75' in width, your lot is not of a conforming size. My lot is non-conforming in size. What does that mean? In the event that your home is damaged by fire, flood, explosion, earthquake, tornado, riot, or act of God beyond 50%of its fair market value, reconstruction of a home on your lot is not permitted. Why is this overlay district being proposed? Currently homes on non-conforming sized lots become a lost investment in the event of fire, tornado, flood, or other natural disaster. This overlay district would remove the non- conforming status from qualifying properties, encourage reinvestment in your neighborhood, and protect your investment by allowing you to rebuild on your current lot. Over the past four years, the City has lost 3 homes to fire in the Riverview Heights neighborhood. Because these homes were located on non-conforming lots of less than 7,500 square feet, current regulations did not allow these property owners to rebuild on their existing lots. 31 What are the requirements for inclusion in this overlay district? The lot needs to have a minimum 50' of frontage, must be a minimum of 5,000 square feet in size, and must have been recorded on a plat prior to December 29, 1955. Are there many lots that qualify for inclusion in the proposed overlay district? There are 191 lots that may qualify for inclusion in the proposed overlay district, based on our most recent data obtained from Anoka County. Of these 191 properties, 127 (66%) of them are located in the Riverview Heights neighborhood. In the Riverview Heights neighborhood, 122 of these properties are occupied by existing homes and 4 of these properties are vacant. What are the zoning standards for this overlay district? The "O-6" district would reduce minimum lot size to 5,000 sq. ft., reduce the minimum lot width to 50', reduce the required rear yard setback for living area to 25', reduce the required rear yard setback for an attached garage to 15', require a minimum home size of 768 sq. ft., and increase the allowable lot coverage to 35% for those lots created prior to December 29, 1955. How do Fridley property owners benefit from the creation of this overlay district? Why should the City of Fridley approve this overlay district, reducing the minimum lot size of these lots which were platted prior to December 29, 1955? The most obvious reasons are to spur reinvestment in the existing housing stock and to provide protections necessary to safeguard this reinvestment. The following list summarizes the benefits of creating this overlay district. • Protect Fridley's exisiing housing stock and provide incentive for homeowners to reinvest in their properties. This overlay district provides assurances to those qualifying properties that their investment will be protected. • Provide housing options & choices. Lacking the large tracts of undeveloped land found in outer suburbs, Fridley must look at infill development to provide additional housing opportunities. This overlay district may create some additional opportunities for new construction. - • Homes on non-conforming lots become a"lost investmenY'. Owners will not invest in a home on a non-conforming lot due to the fear of losing the investment in the event the home becomes more than 50% destroyed in fire or natural disaster. • Gives City, HRA, & residents more flexibility in developing and rehabilitating housing. Removing the "non-conforming" status from existing homes will allow more residents to participate in City/HRA housing rehabilitation programs. • Does not increase density. These are lots of record created prior to December 29, 1955. Sideyard setbacks will remain the same. The wording in the overlay district does not allow property owners to now separate their properties in order to create smaller lots. • Tax forfeiture of "substandard lots" has a cost for neighborhood and City. Unbuildable lots that end up "tax forfeit" do not generate taxes for the City, County, or School district. These properties end up costing the Fridley tax payers money as they become a habitual maintenance problem. 32 • Lot width does not dictate home value. The square footage of the home, the design, materials, and labor put into the home determine home value. The trend across the nation has been to build larger hor�es on smaller lots. When will the City Council discuss the creation of this overlay district? A public hearing for the creation of this overlay district will be held by the City Council at 7:30 P.M. on March 5, 2001 in the City Council Chambers. Who should be contacted for additional information prior to the City Council meeting? If you have any questions or concerns please call Scott Hickok, Community Development Director at 572-3599 or Paul Bolin, Planner at 572-3593. Sincerely, Scott Hickok Paul Bolin Acting Community Development Director Planner 33 Ordinance No. Page 1 ORDINANCE AN ORDINANCE RECODIFI��1G FRIDLEY CITY CODE., CHAPTER 205, ENTITLED "ZONING" BY ADDING A NEW SECTION 205.31, 0-6 RESIDENTIAL LOTS CREATED PRIOR TO 1955 DISTRICT REGULATIONS The Fridley Ciry Council does hereby ordain that: Section 1. Chapter 205.06 be amended to hereby include Overlay District 0-6, Pre-1955 Lots; and that Section 2. Chapter 205 of the Fridley City Code be hereby amended to create a new district, Section 205.31, O-6 Residential Lots Created Prior to December 29, 1955 District Regulations 205.31. 0-6 RESIDENTIAL LOTS CREATED PRIOR TO DECEMBER 29, 1955 DISTRICT REGULATIONS 1. TITLE This Section shall be referred to as the "Pre-1955 Lots" in short foml. 2. PURPOSE The purpose of this special zoning district is to: A. Change the present "legal, nonconfomung use" status of the residenrial dwellings located in this district on lots over 5,000 square feet in size to a"conforming use" status. B. Re-establish and maintain the residenrial character of Fridley's neighborhoods. C. Protect the property rights of all present landowners as much as possible, while promoting reinvestment and infill development in Fridley neighborhoods. D. Establish a zoning mechanism for the City that will encourage residential investment and development on those lots created and recorded at Anoka County prior to December 29, 1955. 3. DISTRICT BOUNDARIES The extent of this zoning overlay district shall only be comprised of those residentially zoned lots split, platted, or otherwise created and recorded at Anoka County prior to December 29, 1955. The O-6 district includes lots meeting all criteria set forth in this chapter, located in the following Plats created and recorded prior to December 29, 1955: Adams Street Addition; Auditor's Subdivisions #22, #23, #25, #39, #59, #77, #78, #79, #88, #89, #92, #94, #94 Sublot 10, #108, #129, #153, & #155; Berlin Addirion; Brookview Addirion; Brookview 2"d Addition; Camp Howazd and Hush's 15t Addition to Fridley Park; Carlson's Summit Manor North Addirion; Carlson's Summit Manor South Addition; Central Avenue Addition; Central View Manor; Chrisrie Addition; City View; Clover Leaf Addition; Clover Leaf 2"d Addition; Dennis Addition; Donnay's Lakeview Manor; Elwell's Riverside Heights; 34 Elwell's Riverside Heights Plat 2; Florence Pazk Addition to Fridley; Fridley Park; Hamilton's Addition to Mechanicsville; Hayes River Lots; Hillcrest Addition; Horizon Heights; Irvington Addition to Fridley Park; Lowell Addition to Fridley Park; Lucia Lane Addition; Lund Addition; Meloland Gardens; Moore Lake Addition; Moore Lake Highlands & Additions 1-4; Moore Lake Hills; Moore Lake Park Addition; Moore Lake Park �'d Addition; Murdix Park; Niemann Addition; Norwood Addition to Fridley Park; Oak Creek Addition; Oak Creek Addition Plat 2; Oak Grove Addition to Fridley Park; Oakhill Addirion; Onaway; Osbome Manor; Ostmans 151 Addition; Ostmans 2"d Addirion; Parkview Manor; Plymouth; Reanangement of Blocks 13, 14, 15 Plymouth; Rearrangement of Lots 1,2,3, Blk 1 and Lots 1,2,3, Blk 4 Rice Creek Terrace Plat 2; Rees Addirion to Fridley Pazk; Revised Auditors Subdivisions #10, #23, #77, #103; Rice Creek Temace Plats 1-4; Riverview Heights; Sandhurst Addition; Second Revised Auditors Subdivision #21; Scherer Addition; Shaffer's Subdivsion #1; Shorewood; Springbrook Park; Spring Lake Park Lakeside; Spring Valley; Subdivsion of Lot 10, Auditors Subdivision #94; Sylvan Hills; Sylvan Hills Plat 2& 3; Vineland Addition to Fridley Park; and any unplatted lots created, prior to December 29, 1955, as recorded at Anoka County. Any lot combinations or divisions of Pazcel Identification Numbers done on the after January 1, 2001 would make the property ineligible for inclusion in this overlay district: 4. USES PERMITTED A. Principal Uses. The following are principal uses in the O-6 District: One-family dwellings. B. Accessory Uses. (1) Only one (1) accessory building in excess of 240 square feet is allowed per site. One (1) additional accessory building is allowed provided it does not exceed 240 square feet. (2) Any accessory building in excess of the above requirements (square footage or number of buildings) requires a Special Use Pemut. (3) All accessory buildings must be permanently attached to a foundation or held in place with approved rie-downs and may not be used for home occupations. (4) All garages whether attached to, tucked under or detached from the main dwelling are considered to be an accessory building. The following are accessory uses in the O-6 District: (a) A private garage is the first accessory building. It shall not exceed 100% of the first floor area of the dwelling unit or a maximum of 1,000 square feet. (b) Privately owned recreational facilities which are for the enjoyment and convenience of the residents of the principal use and their guests. (c) Home occupations. �C� (d) The rental of rooms for occupancy to not more than two (2) persons per dwelling unit. C. Existing Uses. Existing one (1) family dwellings that do not conform to the conditions of this Chapter will be allowed to continue as a pemutted use. In the event that the main structure is either damaged or destroyed, the existing use will be allowed to rebuild to the setbacks of the existing building or to the allowed setbacks of the district. Alterations and additions will be allowed when they improve the structure, provided they meet the required setbacks as stated in this Chapter. D. Uses Excluded. The following are excluded uses in the O-6 Disirict: (1) Radio or television antennas exceeding a height of twenty (20) feet above the dwelling roof. (2) Any use not specifically pemutted in the preceding paragraphs of this Section. 5. LOT REQUIREMENTS AND SETBACKS A. Lot Area. A lot area of not less than 5,000 square feet is required. B. Lot Width. The width of a lot shall not be less than fifty (50) feet at the required setback. C. Lot Coverage: Not more than thirty-five percent (35%) of the area of a lot shall be covered by buildings. D. Setbacks: - -- (1) Front Yard: A front yazd with a depth of not less than twenty-five (25) feet is required. (2) Side Yard: Two (2) side yards are required, each with a width of not less than ten (10) feet, except as follows (a) Where a house is built without an attached garage, a minimum side yard requirement shall be ten (10) feet on one side, and thirteen (13) feet on the other side, so tha.t there is access to the rear yard for a detached garage and off-street parking area. (b) Where a house is built with an attached garage, the side yard adjoining the attached garage or accessory building may be reduced to not less than five (5) feet, provided the �� height of the garage or accessory building on that side is not more than fourteen (14) feet. (3) Corner Lots: (a) The side yard width on a street side of a comer lot shall be not less than seventeen and one-half (17.5) feet. (b) Any attached or unattached accessory building that opens on the side street, shall be at least twenry-five (25) feet from the property line on a side street. (4) Rear Yazd: (a) A rear yard with a depth of not less than twenty-five (25) feet pemutted for living area, however, setback may be reduced to 15' for an attached garage located in rear of lot. (b) Detached accessory buildings may be built not less than three (3) feet from any lot line in the rear yard not adjacent to a street. 6. BUILDING REQUIREMENTS A. Height. No building shall hereafter be erected, constructed, reconstructed, altered, enlarged or moved, so as to exceed the building height limit of thiity (30) feet. B. Minimum Floor Area. A one-family dwelling unit shall have a minimum fust floor area of 768 square feet of living space. C. Basement All one family dwellings constructed on vacant lots, as of January 1, 1983 shall have a basement except if located in a flood plain area. __ 7. PERFORIVIANCE STANDARDS: A. Parking Requirements. (1) At least two (2) off-street parking stalls shall be provided for each dwelling unit. (2) No parking stall shall be located in any portion of the front yard, except on a driveway or hardsurfaced parking space, approved by the City, and set back a minimum of three (3) feet from the side properry line, except as agreed to in writing by adjacent property owners and filed with the City. (3) A garage shall satisfy the off-street parking stall requirement. (4) All driveways and parking stalls shall be surfaced with blacktop, concrete or other hard surface material approved by the Ciry. 37 B. Garage Requirements All lots on which a new home is constructed, as of April 1, 2001, shall have at minunum a single car garage. C. Exterior Storage. (1) Nothing shall be stored in the required front yard. (2) All materials shall be kept in a building or shall be fully screened, so as not to be visible from any public right-of-way except for stacked firewood, boats and trailers placed in the side yard. D. Refuse. All waste materials, refuse or garbage shall be contained in closed containers as required under the Chapter entided "Waste Disposal" of the Fridley City Code. E. Drainage And Grade Requirements. A finished ground grade shall be established such that natural drainage away from all buildings is provided. The following minimum criteria shall apply: (1) The minunum elevation of finished grade shall not be less than one fourth (1/4) inch rise per horizontal foot of setback measured from curb grade. (2) The City may specify a minimum finished ground grade for any stcuctures in order to allow proper drainage and connection to City utilities. F. Landscaping. The following shall be minimum criteria for landscaping: (1) Sodding and landscaping shall extend across the entire front yard and side yards including the boulevard. (2) All other open areas of any site, except for areas used for parking, driveways or storage, shall be sodded, seeded or have vegetative cover. (3) All uses shall provide water facilities to yard areas for maintenance of landscaping. 0 (4) It shall be the owner's responsibility to see that all required landscaping is maintained in an _ attractive, well kept condition. (5) All vacant lots, tracts or parcels shall be properly maintained in an orderly manner free of � litter and junk. G. Maintenance. : It shall be the responsibility of the property owner to ensure that: (1) Every exterior wall, foundation and roof of any building or struchu�e shall be reasonably watertight, weather tight and rodent proof and shall be kept in a good state of maintenance and repair. Exterior walls shall be maintained free from extensive dilapidation due to cracks, tears or breaks of deteriorated plaster, stucco, brick, wood or other material that gives evidence of long neglect. (2) The protective surface on exterior walls of a building shall be maintained in good repair and provide a sufficient covering and protecrion of the structural surface against its deterioration. Without limiting the generality of this Section, a protective surface of a building shall be deemed to be out of repair if: (a) More than twenty-five percent (25%) of the azea of any plane or wall on which the protective surface is paint is blistered, cracked, flaked, scaled or chalked away, or (b) More than twenty-five percent (25%) of the pointing of any brick or stone wall is loose or has fallen out. (3) Every yard and all structures, walls, fences, walks, steps, driveways, landscaping and other exterior developments shall be maintained in an attractive, well kept condirion. (4) The boulevard area of a premises shall be properly maintained, groomed and cazed for by the abutting property owner. H. Essential Services. (1) Connecrion is required on each lot served by City sanitary sewer. (2) Connecrion is required on each lot served by a City water line. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 5`�' DAY OF MARCH, 2001. ATTEST: DEBRA A. SKOGEN — CITY CLERK Public Hearing: March 5, 2001 First Reading: March 5, 2001 Second Reading: March 26, 2001 Publication: 39 SCOTT J. LUND — MAYOR / AGENDA ITEM � CITY COUNCIL MEETING OF °TMOF MARCH 5, 2001 FRIDLEY To: William W. Burns, City Manager From: Richard D. Pribyl, Finance Director Debra A. Skogen, City Clerk Date: March 1, 2001 Re: Public Hearing of Proposed Charter Amendment on Chapter 7 of the Fridley Charter Pertaining to Taxation and Finances On November 7, 2000 the voters enacted a charter amendment pertaining to Chapter 7, Taxation and Finances. After passage of the amendment, those charged in implementing the amendment concluded the language was difficult to understand and could create problems for the city in the future. In an attempt to remedy potential difficulties, an Ad Hoc Work Group (Committee) was formed consisting of former Mayor Nancy Jorgenson, Finance Director Rick Pribyl, City Attorney Fritz Knaak, members of the Charter Commission and Charter Amendment Petition Committee. This Committee met four times and proposed an ordinance arnending the charter to clarify the language of the voter approved amendment. The Charter Commission met on January 29`h to discuss the work of the Committee and the proposed ordinance. The Charter Commission voted unanimously to forward the proposed clarifying amendment in ordinance format to the City Council, and the Charter Commission attorney, Elizabeth Moore, concurred with the Charter Commission's motion to approve the proposed language as it forwards the electorate's goals without compromising the city's ability to conduct business. The City Council scheduled a public hearing for March 5, 2001, on the proposed ordinance. The Notice of Hearing was published in the Fridley Focus, as shown in Attachment 1. In addition to this public hearing notice, information was placed in the City Newsletter that was sent to all residences in the City of Fridley. Staff recommends holding the public hearing. . � Attachment 1 City of Fridley Public Hearing Notice Before the City Council Amendment to City Charter Notice is hereby given that there will be a public hearing of the Fridley City Council at the Fridley Municipal Center, 6431 University Avenue NE on Monday, Mazch 5, 2001 at 7:30 p.m. for the purpose of conducting a public hearing on the following amendment to the City Charter: AN ORDINANCE AMENDING CHAPTER 7 OF THE FRIDLEY CITY CHARTER PERTAINING TO TAXATION AND FINANCES The City Council of the City of Fridley does hereby ordain as follows: That Section 7.02.1 of the Fridley City Charter be hereby amended as follows: Section 7.02. POWER OF TAXATION 1. The City shall have, in addition to the powers by this Charter expressly or impliedly granted, all the powers to raise money by taxation pursuant to the laws of the State which aze applicable to cities of the class of which it may be a member from time to time, provided that the amount of t�es levied against real and personal property within the City for general City purposes shall not exceed in dollars, a tax levy that is greater than the prior year tax levy increased by an inflationary index, or 5%, whichever is least. Said inflationary index shall be that as defined by the U.S. Department of Labor, Bureau of Labor Statistics, Consumer Price Index for all Urban Consumers in the Minneapolis-St. Paul Metropolitan Area. (Ref. Ord. 592 and 1102 and 11 /7/00 Amendment) Nothing in this provision shall be construed to impair any general obligation the City may have in support of otherwise lawful indebtedness or similar obligation supported by the full faith and credit of the City, provided, however, that long-term, general obligation indebtedness shall not be used for the purpose of funding the routine and daily business operations of the City. That Section 7.02.3 of the Fridley City Charter be hereby amended as follows: 3. Any other fees created, or increased beyond the limits set forth in subsection 1, shall require voter approval as stipulated in subsection 2. A. For purposes of this subsection, "fees" includes, , sales and use taxes, , , ' , ' , , utility char� recvcling fees, gas and electric anchise ees and anv other fee thatproduces a tax burden or direct financial obli�ation or all property owners and/or residents of Fridle,� B. For the purposes of this section, the term "fees" does not include: Parks and Recreation Department participation fees, charges for photo-copying, sales of municipal liquor store products, or civil and criminal fines and other charges collected in cases of restitution or 41 violation of law or contract. The term `f'ees"also does not include rental housing ees, buildingpermit fees, liquor license fees. the extension or transfer ofcable television service authoritv to additional service providers or which fees are alreadv bein� charged ,feesfor the operation of '�unk vards, annual license fees for the oneration of pawn shops and other regulated business, and anv other charge for services, including health and safety related Code enforcement, and other Qoods, services or materials routinelv provided by the Citv to its citizens or other members of the public which, bv law must be limited to the actual cost of the service being provided. The term " ees " shall not include anv special assessments made under Minnesota Statutes 429. C. For the purposes of this subsection, "fee increase" include , �e; a new tax or fee, a monetary increase in an existing tax or fee, a tax or fee rate increase, an expansion in the legal definition of a tax or fee base, and an extension of an expiring tax or fee. D. For the purposes of this subsection, "city" include , , the City itself and all of its departments and agencie , ', that are orQanized to exercise the "Powers o the Citv" as defined in Chapter 1 of this Charter. "Citv" shall not include an bv odv o, f�overnment owin� its existence to separate constitutional or statutorv authority outside of the Charter, regardless of whether that other bodv of government has iurisdiction or per�orms duties and services within the boundaries of the Citu E. For the puipose of addressing natural disasters this subsection does not apply to any specific emergency measure authorized in Chapter 7, Section .08 (7.08). PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS _ DAY OF 2001. Any persons desiring to be heard shall be given an opportunity at the above stated time and place. Any questions related to this item may be referred to Deb Skogen, City Clerk at 763- 572-3523. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no later than Monday, February 26, 2001. The TDD number is 763-572-3534. /s/ Debra A. Skogen, City Clerk 42 r � QTY OF FRiDLEY DATE: TO: FROM: AGENDA ITEM CITY COUNCIL MEETING OF MARCH 5, 2001 March 2, 2001 William W. Burns, City Manager ,� � � Scott J. Hickok, Community Development Director Grant Fernelius, Housing Coordinator SUBJECT: 1st Readinq of Manufactured Home Park Closure Ordinance As you recall, on January 22, 2001 the City Council tabled first reading of a proposed Manufactured Home Park Closure Ordinance. After considerable discussion on the issue, the Council directed staff to revise the ordinance as needed and bring back a new draft by March Sth. To follow is a summary of the issues that were raised and the changes made to the proposed ordinance. Issue i: Section: Reimbursement for Moving Personal Property 223.02.10 B(See page 3 of the proposed ordinance) The previous draft of the ordinance excludes reimbursement for moving personal property, essentially the contents of the manufactured home. Staff looked at the model ordinances and discovered that Apple Valley also excludes the cost, while Roseville requires it. Among the other ordinances examined, Bloomington and Burnsville also require payment for moving personal property. Response: After examining the issue, staff believes it is reasonable to include reimbursement for these expenses, since in most cases it is not feasible to move without renting a truck or trailer. It is important to keep in mind that the moving costs are limited to a move within a 25 mile radius of the park to be closed. The revised draft includes this provision, as well as some additional language indicating that appurtenances, specifically air conditioner units and steps are included on the list of eligible items to be moved. 43 PCO Cover Memo March 2, 2001 Page 2 Issue 2: 60 Day Requirement for Public Hearing Section: 223.05 (See page 4 of the proposed ordinance) The previous draft of the ordinance states that the City Council shall hold a public hearing within sixty (60) days after receipt of the closure statement (from the park owner). The purpose of the timing requirement was to provide future Councils with some guidance on what to do once a closure statement was received. By way of comparison, none of the other model ordinances included a similar provision. Response: After examining the issue, staff has identified at least one potential problem with the deadline. Under State Law park residents can be required to move as soon as 60 days atter the City has held its public hearing. If the City held a public hearing within 60 days of the closure notice, the residents could, legally, be required to move 60 days later. In essence, this means that the resident could move within 120 days �f the initial closure notice. Although, State Law indicates that a resident is required to receive a 9 month notice, it does not say they are entitled to stay in the park for the entire 9 months. Establishing a public hearing deadline may lead to unintended consequences and problems for the displaced residents. Leaving the public hearing date open gives all parties the greatest amount of flexibility. -The revised draft will delete the 60 day public hearing deadline. Issue 3: Displaced Resident Obligations Section: 223.06 (See page 4 of the proposed ordinance) Under the previous draft, a displaced resident was required to submit a contract or other verified cost estimate of their relocation costs to the park owner. The intent of this provision was to establish a deadline and a process for the displaced residents to follow. Several comments were received that it may not be possible to get the estimates within 90 days of the closure notice. .. PCO Cover Memo March 2, 2001 Paqe 3 Response: Staff has revised the language to delete the 90 day requirement, but has added language to state in order to be assisted the displaced resident must submit the information. In addition, staff has cleaned up the remaining language in this section to make it easier to understand. Issue 4: Election to Relocate Section: 223.07 (See page 4 of the proposed ordinance) Under this section of the ordinance, the terms for receiving relocation assistance are outlined. The primary issue concerned how to calculate the amount of assistance for those residents who chose to move their home outside of the 25 mile radius. The previous draft stated that it was based on an average of relocation costs paid to other residents or the average of the estimates submitted by other residents. The intent of this section is to address the scenario under which none of the residents (or very few) are able to move and the method for calculating the average becomes skewed. Response: Staff has revised the language to indicate that the amount of assistance is based on the average of actual expenses paid to other residents. In the event that it is not possible to calculate the average using this formula (e.g. no one moves), the amount of assistance shall be based on an average of the estimated moving costs submitted by other residents. In addition, some minor text revisions have been made for improved readability and consistent use of definitions. The important point to remember is that if the displaced resident finds these terms unacceptable, they still have the option of tendering title and receiving compensation for the value of the unit. Issue 5: Election to Reaeive Compensation Section: 223.08 (See page 5 of the proposed ordinance) Under this section of the ordinance, the terms for receiving compensation are outlined. Of primary concern was how to determine the value (appraised value vs. assessed value) and who would pay for the appraisal. Response: Staff has revised this section to state that the amount of 45 PCO Cover Memo March 2, 2001 Page 4 compensation shall be based on the greater of the current fair market value as determined by a licensed appraiser or the current assessed value for tax purposes. The appraisal can be provided by either the displaced resident, the park owner or the purchaser. StafF believes this approach is more workable and allows each party to supply his/her own appraisal; if they cannot negotiate a settlement on the value they have the option of going to Court. Issue 6: Cap on Compensation One of the park owners' representatives in attendance on January 22"d suggested that the City place a cap on the total amount of compensation and relocation assistance paid to the displaced residents. The current version of ordinance does not establish a cap. By way of comparison, Apple Valley establishes a cap equal to 20% of the purchase price or value of the park. Burnsville, takes a similar approach, however the compensation is reduced proportionately for each resident. Roseville and Bloomington do not have any caps at all. Response: Staff believes it is not prudent to establish a total cap on relocation assistance and compensation. It is likely to create confusion for all of the parties involved and does not address the issue of who would pay the cost differential. Issue 7: Selection of Moving Contractor During the meeting, a resident from one of the manufactured home parks stated that under the Displaced Resident Obligations section (223.06), the park owner has the final say over who moves the unit. If the park owner does not accept the estimates submitted by the displaced resident, the park owner then becomes responsible for arranging the move. In the resident's opinion this limited her options over who would conduct the move. Response: Staff believes that the current language is acceptable, since the ultimate goal is to move the unit to another location within a 25 mile radius. The park owner is already responsible for insuring the home and the personal property during the move and has every incentive to make sure the process takes place without incident. �� PCO Cover Memo March 2, 2001 Page 5 Issue 8: Tendering Title A final issue raised during the meeting concerned the process of tendering title under Election to Receive Compensation (223.08). Of particular concern is that the residents will be required to tender their title to the park owner before they get paid by the park purchaser. Response: The ordinance clearly states that park purchaser places the compensation into an escrow account established by the park owner. Further, the compensation is distributed upon transfer of title to the manufactured home. The date for paying the compensation is 60 days prior to the closing of the park. If the resident chooses to remain in his/her home beyond this date, he/she is required to tender title, but are paid for his/her home. Conclusion Staff believes the revised version of the ordinance addresses many, although not all, of the issues raised during the January 22�d meeting. The bottom line is that this ordinance cannot contemplate every possible scenario involved in a park closing. Although, the ordinance has been crafted to protect the interests of the displaced residents, we believe it strikes a balance by providing some level of cost control for the park owners and prospective purchasers, at the same time, it maintains flexibility for future Councils in terms of implementation and timing. The fundamental issue still remains whether the interests of the displaced residents outweigh those of the park owners and development community. Given the peculiar nature of manufactured housing, staff believes there is a strong public purpose in adopting a park closure ordinance. As a final note, we should point out that Fritz Knaak has been out of the office this week and has not had an opportunity to review the memo and current draft ordinance. We hope to have his comments by the meeting on Monday night. 47 PCO Cover Memo March 2, 2001 Page 6 Recommendation Staff recommends that the City Councii adopt first reading of the proposed Manufactured Home Park Closure Ordinance and establish second and final reading for March 26, 2001. M-01-26 .• •� DRAFT ONLY ORDINANCE NO. 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 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: 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. 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 , • Feb. 28, 2001 DRAFT ONLY 4. Lot. An area within a manufactured home park, designed and used for the accommodation of a manufactured home. 5. Manufactured Home. 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 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. 6. 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. 7. Park Owner. The owner of a manufactured home park. 8. Person. Any individual, corporation, firm, partnership, 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: 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 C�1� Feb. 28, 2001 DRAFT ONLY B. Transportation to Another Site. Transportation to another site includes the reasonable costs to transport the eligible manufactured home and personal propertywithin a twenty-five (25) mile radius. This category also includes the cost of insuring the manufactured home and contents 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, such as porches, steps, decks, skirting, air conditioner units and awnings which were � acquired � before 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. The park owner shall not 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 property being moved. Relocation costs do not include the cost of any repairs or modifications to the manu- factured 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 o� 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 Feb. 28, 2001 51 DRAFT ONLY 223.04. NOTICE OF PUBLIC HEARING The City's Planning Commission shali 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 statement is submitted to the City's Planning Commission. 223.05. PUBLIC HEARING A public hearing shall be held before the City Council ' after receipt of the closure statement for the purpose of reviewing the closure statement and evaluating the impact the park closing may have on the displaced residents and the park owner. 223.06. DISPLACED RESIDENT OBLIGATIONS As a condition of receiving assistance under this Chapter, , 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, the displaced resident may submit a written statement � to the park owner, identifying that the displaced resident either cannot or chooses not to relocate his or her manufactured home to another manufactured home park within a finrenty-fine (25) mile radius of the park to be closed and elects to receive relocation assistance (Ref. 223.07.02) or compensation (Ref. 223.08). 223.07. ELECTION TO RELOCATE 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 223.02.10 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 � to retain � title to the manufactured home, the Page 4 52 Feb. 28, 2001 DRAFT ONLY displaced resident is entitled to relocation costs as defined in 223.02 based upon an average of the actual relocation costs paid to other displaced residents in the manufactured home park. For purposes of this section, in the event that it is not possible to calculate the average using this formula, the amount of compensation shall be based on the average of the estimated relocation costs submitted by other residents in the park. A. - • - - -- - -- - -- - - --- -- - - -- - -- --- --- - - - 3. A displaced resident compensated under this section 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 perfo�ming 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 � resident for such costs. 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 liabiliry 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 greater of: The current � fair market value of the manufactured home as determined by a real property appraiser licensed by the State of Minnesota or, 2. The current #� assessed value for tax purposes of the manufactured home as established by Anoka County . Under 223.08.01, the appraisal may be provided by either the displaced resident, the park owner or the purchaser. Any disputes over valuation shall be resolved through judicial action in Anoka County District Court. The purchaser shall pay such compensation into an escrow account, established by the park owner, for Page 5 53 Feb. 28, 2001 DRAFT ONLY 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. APPLICABILITI( 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. 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: SCOTT J. LUND - MAYOR 6� March 5, 2001 Page 6 54 Feb. 28, 2001 = AGENDA ITEM CITY COUNCIL MEETING OF MARCH 5, 2001 CRY OF FRIDIEY Date: 2/28/01 To: William Burns, City Manager��l' From: Scott Hickok, Community Development Director Paul Bolin, Planner RE: First Reading of an Ordinance Creating the O-6 RESIDENTIAL LOTS CREATED PRIOR TO 1955 REGULATIONS M-01-27 INTRODUCTION City planning staff is proposing the creation of the "O-6 RESIDENTIAL LOTS CREATED PRIOR TO 1955 OVERLAY DISTRICT REGULATIONS". This overlay district would apply to all residential lots created in the City of Fridley prior to December 29, 1955. The overlay district is a melding of the language currently found in the City's R-1 and Hyde Park zoning requirements. Creation of the O-6 District will remove the "non-conforming" status from a number of existing homes, leading to reinvestment in the City's existing housing stock. At the February 5, 2001, City Council meeting, the public hearing on this item was continued until March 5, 2001, in order to better determine the number of Riverview Heights properties affected by this ordinance. PLANNING COMMISSION RECOMMENDATION At the January 17, 2001, Planning Commission meeting, a public hearing was held on the creation of the O-6 overlay district. After review of the proposed overlay district requirements, a motion was made to recommend approval of the creation of the O-6 overlay district. The motion carried unanimously. PLANNING STAFF RECOMMENDATION City staff recommends that the City Council hold the first reading for the creation of the overlay district, titled, "O-6 RESIDENTIAL LOTS CREATED PRIOR TO 1955 REGULATIONS". 55 Ordinance No. ORDINANCE Page 1 AN ORDINANCE RECODIFING FRIDLEY CITY CODE., CHAPTER 205, ENTITLED "ZONING" BY ADDING A NEW SECTION 205.31, 0-6 RESIDENTIAL LOTS CREATED PRIOR TO 1955 DISTRICT REGULATIONS The Fridley City Council does hereby ordain that: Section 1. Chapter 205.06 be amended to hereby include Overlav District 0-6, Pre-1955 Lots; and that Section 2. Chapter 205 of the Fridley City Code be hereby amended to create a new district, Section 205.31, O-6 Residential Lots Created Prior to December 29, 1955 District Regulations 205.31. 0-6 RESIDENTIAL LOTS CREATED PRIOR TO DECEMBER 29, 1955 DISTRICT REGULATIONS 1. TITLE This Section shall be referred to as the "Pre-1955 Lots" in short form. 2. PURPOSE The purpose of this special zoning district is to: A. Change the present "legal, nonconforming use" status of the residential dwellings located in this district on lots over 5,000 square feet in size to a"confomung use" status. B. Re-establish and maintain the residenrial character of Fridley's neighborhoods. C. Protect the property rights of all present landowners as much as possible, while promoting reinvestment and infill development in Fridley neighborhoods. D. Establish a zoning mechanism for the City that will encourage residential investment and development on those lots created and recorded at Anoka County prior to December 29, 1955. 3. DISTRICT BOUNDARIES The extent of this zoning overlay district shall only be comprised of those residentially zoned lots split, platted, or otherwise created and recorded at Anoka County prior to December 29, 1955. The O-6 district includes lots meeting all criteria set forth in this chapter, located in the following Plats created and recorded prior to December 29, 1955: Adams Street Addition; Auditor's Subdivisions #22, #23, #25, #39, #59, #77, #78, #79, #88, #89, #92, #94, #94 Sublot 10, #108, #129, #153, & #155; Berlin Addition; Brookview Addition; Brookview 2"d Addition; Camp Howard and Hush's 15` Addition to Fridley Park; Cazlson's Summit Manor North Addition; Carlson's Summit Manor South Addition; Central Avenue Addition; Central View Manor; Christie Addition; City View; Clover Leaf Addition; Clover Leaf 2"d Addition; Dennis Addition; Donnay's Lakeview Manor; Elwell's Riverside Heights; 56 Elwell's Riverside Heights Plat 2; Florence Park Addition to Fridley; Fridley Park; Hamilton's Addition to Mechanicsville; Hayes River Lots; Hillcrest Addition; Horizon Heights; Itvington Addition to Fridley Park; Lowell Addition to Fridley Park; Lucia Lane Addition; Lund Addition; Meloland Gardens; Moore Lake Addition; Moore Lake Highlands & Additions 1-4; Moore Lake Hills; Moore Lake Park Addition; Moore Lake Park �'d Addition; Murdix Pazk; Niemann Addition; Norwood Addition to Fridley Park; Oak Creek Addition; Oak Creek Addition Plat 2; Oak Grove Addition to Fridley Park; Oakhill Addition; Onaway; Osborne Manor; Ostmans ls` Addition; Ostmans �'d Addition; Parkview Manor; Plymouth; Rearrangement of Blocks 13, 14, 15 Plymouth; Rearrangement of Lots 1,2,3, Blk 1 and Lots 1,2,3, Blk 4 Rice Creek Terrace Plat 2; Rees Addition to Fridley Park; Revised Auditors Subdivisions #10, #23, #77, #103; Rice Creek Terrace Plats 1-4; Riverview Heights; Sandhurst Addition; Second Revised Auditors Subdivision #21; Scherer Addirion; Shaffer's Subdivsion #1; Shorewood; Springbrook Park; Spring Lake Park Lakeside; Spring Va11ey; Subdivsion of Lot 10, Auditors Subdivision #94; Sylvan Hills; Sylvan Hills Plat 2& 3; Vineland Addition to Fridley Park; and any unplatted lots created, prior to December 29, 1955, as recorded at Anoka County. Any lot combinarions or divisions of Parcel Identification Numbers done on the after January 1, 2001 would make the property ineligible for inclusion in this overlay district. 4. USES PERMITTED A. Principal Uses. The following are principal uses in the O-6 Dishict: One-family dwellings. B. Accessory LTses. (1) Only one (1) accessory building in excess of 240 square feet is allowed per site. One (1) additional accessory building is allowed provided it does not exceed 240 square feet. (2) Any accessory building in excess of the above requirements (square footage or number of buildings) requires a Special Use Pemiit. (3) All accessory buildings must be permanently attached to a foundation or held in place with approved tie-downs and may not be used for home occupations. (4) All garages whether attached to, tucked under or detached from the main dwelling are considered to be an accessory building. The following are accessory uses in the O-6 District: (a) A private garage is the first accessory building. It shall not exceed 100% of the first floor area of the dwelling unit or a maximum of 1,000 square feet. (b) Privately owned recreational faciliries which are for the enjoyment and convenience of the residents of the principal use and their guests. (c) Home occupations. 57 (d) The rental of rooms for occupancy to not more than two (2) persons per dwelling unit C. Existing Uses. Existing one (1) family dwellings that do not conform to the conditions of this Chapter will be allowed to continue as a pemutted use. In the event that the main struct�ue is either damaged or destroyed, the existing use will be allowed to rebuild to the setbacks of the existing building or to the allowed setbacks of the district. Alterations and additions will be allowed when they improve the structure, provided they meet the required setbacks as stated in this Chapter. D. Uses Excluded. The following are excluded uses in the O-6 District: (1) Radio or television antennas exceeding a height of twenty (20) feet above the dwelling roof. (2) Any use not specifically permitted in the preceding paragraphs of this Section. 5. LOT REQUIREMENTS AND SETBACKS A. Lot Area. A lot area of not less than 5,000 square feet is required. B. Lot Width. The width of a lot shall not be less than fifty (50) feet at the required setback. C. Lot Coverage: Not more than thirty-five percent (35%) of the area of a lot shall be covered by buildings. D. Setbacks: (1) Front Yard: A front yard with a depth of not less than twenty-five (25) feet is required. (2) Side Yard: Two (2) side yards are required, each with a width of not less than ten (10) feet, except as follows: (a) Where a house is built without an attached garage, a minimum side yard requirement shall be ten (10) feet on one side, and thixteen (13) feet on the other side, so that there is access to the rear yard for a detached garage and off-street parking area. (b) Where a house is built with an attached garage, the side yard adjoining the attached garage or accessory building may be reduced to not less than five (5) feet, provided the : height of the garage or accessory building on that side is not more than fourteen (14) feet. (3) Corner Lots: (a) The side yard width on a street side of a corner lot shall be not less than seventeen and one-half (17.5) feet. (b) Any attached or unattached accessory building that opens on the side street, shall be at least twenty-five (25) feet from the property line on a side street. (4) Rear Yard: (a) A rear yard with a depth of not less than twenty-five (25) feet permitted for living area, however, setback may be reduced to 15' for an attached garage located in rear of lot. (b) Detached accessory buildings may be built not less than three (3) feet from any lot line in the rear yard not adjacent to a street. 6. BUILDING REQUIREMENTS A. Height. No building shall hereafter be erected, constructed, reconstructed, altered, enlarged or moved, so as to exceed the building height limit of thirty (30) feet. B. Minunum Floor Area. A one-family dwelling unit shall have a minimum fust floor area of 768 square feet of living space. C. Basement All one family dwellings constructed on vacant lots, as of January 1, 1983 shall have a basement except if located in a flood plain area. 7. PERFORMANCE STANDARDS: A. Parking Requirements. (1) At least two (2) off-street pazking stalls shall be provided for each dwelling unit. (2) No parking stall shall be located in any portion of the front yard, except on a driveway or hardsurfaced parking space, approved by the City, and set back a minunum of three (3) feet from the side property line, except as agreed to in writing by adjacent property owners and filed with the City. (3) A garage shall sarisfy the off-street parking stall requirement. (4) All driveways and parking stalls shall be surfaced with blacktop, concrete or other hard surface material approved by the City. �, � B. Garage Requirements All lots on which a new home is constructed, as of April l, 2001, shall have at minimum a single car garage. C. Exterior Storage. (1) Nothing sha.11 be stored in the required front yard. (2) All materials shall be kept in a building or shall be fully screened, so as not to be visible from any public right-of-way except for stacked firewood, boats and trailers placed in the side yard. D. Refuse. All waste materials, refuse or gazbage shall be contained in closed containers as required under the Chapter entitled °Waste Disposal" of the Fridley City Code. E. Drainage And Grade Requirements. A finished ground grade shall be established such that natural drainage away from all buildings is provided. The following minimum criteria shall apply: (1) The minimum elevation of finished grade shall not be less than one fourth (1/4) inch rise per horizontal foot of setback measured from curb grade. (2) The City may specify a minimum finished ground grade for any structures in order to allow proper drainage and connection to City utilities. F. Landscaping. The following shall be minimum criteria for landscaping: (1) Sodding and landscaping shall extend across the entire front yard and side yards including the boulevard. (2) All other open areas of any site, except for areas used for parking, driveways or storage, shall be sodded, seeded or have vegetative cover. (3) All uses shall provide water facilities to yard areas for maintenance of landscaping. (4) It shall be the owner's responsibility to see that all required landscaping is maintained in an attractive, well kept condition. (5) All vacant lots, tracts or parcels shall be properly maintained in an orderly manner free of litter and junk. G. Maintenance. . 1, r It shall be the responsibility of the property owner to ensure that: (1) Every exterior wall, foundation and roof of any building or struchue shall be reasonably watertight, weather tight and rodent proof and shall be kept in a good state of maintenance and repair. Exterior walls shall be maintained free from extensive dilapidation due to cracks, tears or breaks of deteriorated plaster, stucco, brick, wood or other material that gives evidence of long neglect. (2) The protecrive surface on exterior walls of a building shall be maintained in good repair and provide a sufficient covering and protection of the struct�ual surface against its deterioration. Without limiting the generality of this Section, a protecrive surface of a building sha11 be deemed to be out of repair if (a) More than twenty-five percent (25%) of the area of any plane or wall on which the protective surface is paint is blistered, cracked, flaked, scaled or chalked away, or (b) More than twenty-five percent (25%) of the pointing of any brick or stone wall is loose or has fallen out. (3) Every yard and all structures, walls, fences, walks, steps, driveways, landscaping and other exterior developments shall be maintained in an attractive, well kept condirion. (4) The boulevard area of a premises shall be properly maintained, groomed and cared for by the abutting property owner. H. Essenrial Services. (1) Connecrion is required on each lot served by City sanitary sewer. (2) Connection is required on each lot served by a City water line. PASSED AlvTD ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 5`h DAY OF MARCH, 2001. ATTEST: DEBRA A. SKOGEN — CITY CLERK Public Hearing: March 5, 2001 Fust Reading: March 5, 2001 Second Reading: March 26, 2001 Publication: 61 SCOTT J. LUND — MAYOR r t CIIY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF To: William W. Burns, City Manager MARCH 5, 2001 From: Richard D. Pribyl, Finance Director Debra A. Skogen, City Clerk Date: March 1, 2001 Re: First Reading of Proposed Charter Amendment on Chapter 7 of the Fridley Charter Pertaining to Taxation and Finances A public hearing was held this evening on the proposed Charter Amendment. Attachment 1 is the proposed ordinance for your review and first reading. �� . z � � � ♦ i �� a� ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 7 OF THE FRIDLEY CITY CHARTER PERTAINING TO TAXATION AND FINANCES The City Council of the City of Fridley does hereby ordain as follows: That Section 7.02.1 of the Fridley City Charter be hereby amended as follows: Section 7.02. POWER OF TAXATION 1. The City shall have, in addition to the powers by this Charter expressly or impliedly granted, all the powers to raise money by taxation pursuant to the laws of the State which are applicable to cities of the class of which it may be a member from time to time, provided that the amount of taxes levied against real and personal property within the City for general City purposes shall not exceed in dollars, a tax levy that is greater than the prior year tax levy increased by an inflationary index, or 5%, whichever is least. Said inflationary index shall be that as defined by the U.S. Department of Labor, Bureau of Labor Statistics, Consumer Price Index for all Urban Consumers in the Minneapolis-St. Paul Metropolitan Area. (Ref. Ord. 592 and 1102 and 11 /7/00 Amendment) Nothing in this provision shall be construed to impair any general obligation the City may have in support of otherwise lawful indebtedness or similaz obligation supported by the full faith and credit of the City, provided, however, that long-term, general obligarion indebtedness shall not be used for the purpose of funding the routine and daily business operations of the City. That Section 7.02.3 of the Fridley City Charter be hereby amended as follows: 3. Any other fees created, or increased beyond the limits set forth in subsecrion l, shall require voter approval as stipulated in subsection 2. A. For purposes of this subsection, "fees" includes, ' ' �� , sales and use taxes, , , � , � , � :* � � �a � ., a:� �*•� � �*�ri c�-� �� -! �:�. ^ � �* utilitv charQes, "� �' �` 'o � recvclinQ fees Qas and electric franchise fees and any other fee that nroduces a tax burden or direct �nancial obli,�ation for all propertv owners and/or residents ofFridlev. B. For the purposes of this section, the term "fees" does not include: Parks and Recreation Department participation fees, charges for photo-copying, sales of municipal liquor store products, or civil and criminal fines and other charges collected in cases of restitution or violation of law or contract. The term "fees " also does not include rental housin� fees, � buildinQ nermit fees liquor license fees the extension or transfer oicable television service authority to additional service providers for which fees are alreadv beinQ • charQed, fees for the operation of iunk 63 Ordinance No. Page 3 yards, annual license fees for the oneration ofnawn shons and other re�?ulated business, and anv other charQe for services, including health and safetv related Code enforcement, and other Qoods, services or materials routinelv vrovided bv the Citv to its cituens or other members of the nublic which bv law must be limited to the actual cost oithe service beinQ provided. The term "%es " shall not include anv snecial assessments made under Minnesota Statutes �429 • C. For the purposes of this subsection, "fee increase" include , � a new tax or fee, a monetary increase in an existing tax or fee, a tax or fee rate increase, an expansion in the legal definition of a tax or fee base, and an extension of an expiring tax or fee. D. For the purposes of this subsection, "city" include , ,�e City itself and all of its departments and agencie ', that are or�anized to exercise the "Powers of the Citv " as defined in Chanter 1 of this Charter. "Citv" shall not include anv bodv of�overnment owin� its existence to senarate constitutional or statutorv authoritv outside of the Charter, reQardless of whether that other bodv of �overnment has iurisdiction or performs duties and services within the boundaries ofthe C� E. For the purpose of addressing natural disasters this subsection does not apply to any specific emergency measure authorized in Chapter 7, Section .08 (7.08). PASSED AND ADOPTED BY TI� CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 2001. ATTEST: Debra A. Skogen, City Clerk Public Hearing: First Reading: Second Reading: Publication: .' Scott J. Lund, Mayor . . � . � AGENDA ITEM � CITY COUNCIL MEETING OF F� � MARCH 5, 2001 INFORMAL STATUS REPORTS 65