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07/09/2001 - 47154 OFFICIAL CITY COUNCIL AGENDA CITY COUNCIL MEETING JULY 9, 2001 � �FRIDLEY CITY COIINCIL MEETING � l �__� F�a� ATTENDENCE SHEET Manday, Ju.ey 9, 2001 � 7:30 P.M. PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN ITEM PRINT NAME (CLEARLY) ADDRESS NUMBER � � CITY COUNCIL MEETING OF JULY 9, 2001 CRY OF FRIDLEY � The City of Fridley will not discriminate against or hazass anyone in the admission or access to, or ' treatment, or employment in its services, programs, or activities because of race, color, creed, reli�ion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE. PROCLAMATION: National Night Out—August 7, 2001 APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Councii Meeting of June 18, 2001 0 .* OLD BUSINESS: 1. First Reading of an Ordinance Amending - Section 6.06, Contracts, How Let, and Chapter 8, Public Improvements and Special Assessments of the Fridley City Charter (Tabled June 18, 2001) - ........................................ 1 FRIDLEY CITY COUNCIL MEETING OF JULY 9, 2001 PAGE 2 NEW BUSINESS: 2. Receive the Planning Commission Minutes ofJune 20, 2001 .............................:............................................................. 5- 9 x . 3. First Reading of an Ordinance Amending Chapter 11 of the Fridley City Code Pertaining to-Residential Rental Property License Fees ................................................ 10 - 11 4. Receive Bids and Award Contract on Municipal Center Recarpet Project No. 339 ................................... 12 - 13 ............................... 5. Claims ....................................................................................................... 14 6. Licenses .................................................................................................:..... 15 - 18 Y P �• 7. Estimates ...................................................................................................... 19 � FRIDLEY CITY COUNCIL MEETING OF JULY 9, 2001 PAGE 3 ADOPTION OF AGENDA. OPEN FORUM, VISITORS: Consideration of items not on Agenda —15 minutes. PUBLIC HEARINGS: 8. Consideration of an Ordinance Amending Chapter 214, Signs, of the Fridley City Code, Pertaining to Automatic Changeable Signs (Zoning Text Amendment, ZTA #01-01, by Daktronics, Inc.) .................................................................................................. 20 - 24 9. Consideration of an Ordinance Amending Sections of the Fridley City Code Pertaining to Accessible Parking (Zoning Text Amendment, ZTA #01-02, by the City of Fridley) ...................................................................... 25 - 35 NEW BUSINESS: � 10. First Reading of an Ordinance to Amend '� �� Chapter 214, Signs, of the Fridley City Code . Pertaining to Automatic Changeable Signs •� (Zoning Text Amendment, ZTA #01-01, by Daktronics, Inc.) ................................................................................................... 36 - 37 FRIDLEY CITY COUNCIL MEETING OF JULY 9, 2001 PAGE 4 NEW BUSINESS (CONTINUED): 11. First Reading of an Ordinance Amending Sections of the Fridley City Code Pertaining to Accessible Parking (Zoning Text Amendment, ZTA #01-02, by the City of Fridley) .................................................................... 38 - 43 � � 12. Preliminary Plat Request, PS #01-03, by Nedegaard Construction Co., to Create Four Lots for Single-Family Home Development, Generally Located at 5353 Fillmore Street N.E. (Ward 1) ....................................................................................................... 44 - 49 13. Informal Status Report ....................................................................................... 50 ADJOURN. u- r _ 1 �,c,�..�-�-� � FRIDLEY CITY COUNCIL MEETING OF JULY 9, 2001 � . . -. T'he 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, accommodarion will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hea�ing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE. PROCLAMATION: National Night Out — August 7, 2001 APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of June 18, 2001 OLD BUSINESS: NEW BUSINESS (CONTINUED): �� 1. First Reading of an Ordinance Amending Section 6.06, Contracts, How Let, and Chapter 8, Public Improvements and Special Assessments of the Fridley City Charter (Tabled June 18, 2001) ... 1- 4 I .•�. ;�Yl.c_ t,� � b �`� ,•.�a� �Q�('�.lJl , u U NEW BUSINESS: 2. Receive the Planning Commission Minutes of June 20, 2001 .......................... 5- 9 4. Receive Bids and Award Contract on Municipal Center Recarpet Project No. 339 ................................... 12 -13 5. Claims ................................... 14 6. Licenses 7. Estimates .................. 15 - 18 ..................19 ADOPTION OF AGENDA. �� o � � �� --� �� OPEN FORUM, VISITORS: not on Agenda —15 minutes. Consideration of items G�W%'(( ��.{ �-t�.� �e 1��1s�n �..�.�.aP �-�Q e ��2� � w�',.�� `� PUBLIC HEARINGS: �� /'� 3. First Reading of an Ordinance Amending /�� Chapter 11 of the Fndley City Code Pertaining 8. Consideration of an Ordinance Amending . ^;�� to Residential Rental Property License Chapter 214, Signs, of the Fridley City Code,�� Fees ............ 10 -11 Pertaining to Automatic Changeable Signs �' `" � (Zoning TextAmendment, ZTA#01-01, by� . � � Daktronics, Inc.) .. - \�� ................................ 20 24— a� ��.`�,,�� . �� --� `�--�� ,� _ � �� w,��c (� �� 3 �� @s� �� P � Y FRIDLEY CITY COUNCIL MEETING OF JULY 9, 2001 PAGE 2 PUBLIC HEARINGS (CONTINUED): 9. Consideration of an Ordinance Amending ��`� �� Q�l Sections of the Fridley City Code Pertaining to ��b11 Accessible Parking (Zoning Text Amendment, ZTA #01-02, by the City of Fridley)...... 25 - 35 s ��,� ecos-�- �S'� 5�� s� NEW BUSINESS: 10. First Reading of an Ordinance to Amend Chapter 214, Signs, of the Fridley City Code Pertaining to Automatic Changeable Signs (Zoning Text Amendment, ZTA #01-01, by Daktronics, Inc.) ...................................36 - 37 S�l� -E-�.� t�- i�� 11. First Reading of an Ordinance Amending Sections of the Fridley City Code Pertaining to Accessible Parking (Zoning Text Amendment, ZTA #01-02, by the City of Fridley) .... 38 - 43 St� � �� 1S Y� 12. Preliminary Plat Request, PS #01-03, by Nedegaard Construction Co., to Create Four Lots for Single-Family Home Development, Generally Located at 5353 Fillmore Street N.E. (Ward 1) ................................... 44 - 49 �'.��.� d.��Z. ►��,,�.e� !i-{, i^�� . � �' b �..�t.Q.� � . . � i,�� U��:,�-�.%J,- Y�.a _" �,�, �� - � �' �� S— c� �� OC�C� �( � � ��'�`G-'J � 13. Informal Status Report ....................... 50 �� P��y� �`�-�,�^-Q,��t.._ �y�,c.,n.� C�,n.,S.:�Q . �_ C.�,,�.� � �p � . ��-� G� C. /��.�_ �� ADJOURN. . ,r �� ' � 1 � ��lc� �S -�,° p S July 9, 2001 Angelique Frederiksen & Susan Okerstrom 1601 Gardena Ave NE Fridiey Minnesota 55432 Home: 763-571-2851 Ciry Of Fridley Council Fridley, MN 55432 City Counal Members, We are here today to discuss the lack of enforcement of an agreement signed by ihe City of Fridley with Steve Varichak and Jim Surdyk. Plat PS #99-03 created 3 lots at the northwest comer of Benjamin and Gardena, legally described as Lot 22, Auditor's Subdivision #92, Anoka County, MN. The City Council approved the �equest for a final Plat contingent upon stipulations including "Petitioner to pay all water and sewer connection fees". The water and sewer were to be stubbed to the 2 additional lots. These lots were sold without complying with the agreement and misrepresented to us during the sate. This lack of compliance to the order has also resulted in denial of a building permit for our property sold to us by Varichak / Surdyk. To understand the currsnt situation, a sequence of events is listed below. Time Line 1. February 20Q0 - Purchased lot contraat for deed from Varichak / Surdyk. a. The Purchase Agreement made no reference to the Developers Agreement doc#1472910. It should have been disclosed on line 39 that the Developers Agresment encumbered the tit�e. b. The Contract for Deed made no reference to the Developers Agreement and should have been disclosed in section 2e c. The Contract for Deed section 3 states also that a Warranry Deed would be delivered upon final payment on lot with no liens or encumbrances. d. We asked Varichak about the water / sewer at the closing. He said it would be $1500 — 2000 to hook it up from the curb. 2. January 2001 - Began plans for house. 3. Apri123, 2001 - Went to Ciry Hall to aheck on ordinances for final draw+ng. Jon Haukaas, Public Work Di�ector, informed us at that time that the water / sewer had not been brought to the curb. We had no prior knowledge of this issue. He had written a letter to Varichak / Surdyk asking them to respond by April 26, 2001 or the city would have the water / sewer brought from approximately 30 ft. below the center of the street to the curb and bill them for the cost. Bids from $21,000 to $30,000 had been received by the city. Jon had assured us the City Attomey, Fritz Knack, said it was the developers responsibility to complete this work not the property owners. Varichak held the position that he had sold the lots "as is" and was not responsible. � � � �,� _�. .:- .' _ . ;;'. ,..: . - � � . � -k.�,�.�...`.Y . , , , _ , : s�s' • _� . �-. NATIONAL 1vIGHT OUT Tuesday, August 7, 2� 1 WHEREAS, the National Association of Town Watch (NATW) is sponsoring a unique, nation-wide crime, drug and violence prevention progrczm on August 7, 2001, called "National Night Out"; and WHEREAS, the "18�h Annual National Night Out"provides a unique opportunity for Fridley to join forces with thousands of other communities across the country in promoting cooperative, police-community crime prevention efforts; and WHEREAS, Fridley plays a vital role in assisting the Fridley Police Department through joint crime, drug and violence prevention efforts in Fridley and is supporting "National Night Out 2001 " locally; and WHEREAS, it is essential that all citixens of Fridley be aware of the importance of crime prevention programs and the impact that their participation can have on reducin,g crime, drugs and violence in Fridley; and WHEREAS, police-community partnerships and neighborhood safety, acwareness and cooperation are important themes of the "National Night Out"program; - NOW THEREFORE, BE IT RESOLVED, xhat I, Scott J. Lund, Mayor of the City of Fridley, do hereby proclaim Tuesday, August 7, 2001, as: NATIONAL 1VIGHT OUT BE IT FURTHER RESOLVED, that I, Mayor Scott J. Lund, do hereby call upon all � citizens of Fridley to join the Fridley Police Depdrtment and the National Association of Town Watch in supporting the "18�h Annual Nationcal Night Out" on August 7, 2001. � IN WITNESS WHEREOF, I have set my hand and caused the seal of the City of Fridley to be affixed this 9th day of July, 2001. SCOTT J. LUND, MAYOR � � � � � r t � THE MINUTES OF THE FRIDLEY CITY COUNCIL MEETING OF JUNE 18, 2001 , � . . '_g, . . � . . � THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF JUNE 18, 2001 The Regular Meeting of the Fridley City Council was called to order by Mayor Lund at 7:30 p.m. 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, Councilmember Wolfe and Councilmember Bolkcom. MEMBERS ABSENT: None. 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: City Council Meeting of June 4, 2001. APPROVED. NEW BUSINESS: 1. RECEIVE THE PLANNING COMMISSION MEETING MINUTES OF JUNE 2001: RECEIVED. 2. RESOLUTION NO. 28-2001 TO VACATE PORTIONS OF THE UNIVERSITY AVENUE SERVICE ROAD AND 57 PLACE, GENERALLY LOCATED NORTHEAST OF 57 AVENUE AND UNIVERSITY AVENUE IN ORDER TO ACCOMMODATE THE GATEWAY EAST REDEVELOPMENT PROJECT (WARD 1): Mr. Burns, City Manager, stated Gateway East Redevelopment, LLC, is seeking to vacate portions of University Avenue and 57�h Place. This is necessary to accommodate 28 owner-occupied townhomes the developer is proposing for this site. The original legal FRIDLEY CITY COUNCIL MEETING OF JUNE 18, 2001 PAGE 2 descriptions for the vacated properties were inconect. Staff recommends Council's approval of this resolution. ADOPTED RESOLUTION NO. 28-2001. 3. RESOLUTION NO. 29-2001 APPROVING A PLAT, P S #01-01 (GATEWAY EAST), BY GATEWAY EAST REDEVELOPMENT, LLC, TO REPLAT PROPERTY FOR THE PURPOSE OF CREATING 28 LOTS AND 6 OUTLOTS TO ALLOW THE CONSTRUCTION OF 28 OWNER-OCCUPIED TOWNHOME UNITS, GENERALLY LOCATED AT 57 1/2 AVENUE AND UNIVERSITY AVENUE N.E. (WARD 1): Mr. Burns, City Manager, stated that this resolution approves the plat that contains the corrected right-of-way vacation. Staff recommends Council's approval with the following six stipulations: - 1. Petitioner shall obtain all necessary permits prior to construction. 2. Grading and drainage plan to be approved by City's engineering staff prior to the issuance of any building permits, in order to minimize impacts to the surrounding properties. 3. During construction, silt fencing shall be used where applicable. 4. Petitioner to pay $750 per unit park fees prior to issuance of building permits. 5. Petitioner to pay all water and sewer connection fees. 6. Petitioner shall agree to preserve mature trees to the extent possible. All trees required to be removed for the new homes shall be marked and approved by City staff prior to issuance of building permits. ADOPTED RESOLUTION NO. 29-2001. 4. RESOLUTION NO. 30-2001 TO VACATE A PORTION OF THIRD STREET, GENERALLY LOCATED EAST OF FIFTH STREET N.E. AND NORTH OF THE APARTMENTS AT 5451 FIFTH STREET N.E. (SAV #01-05, BY HARRIET SKARIE)(WARD 1): Mr. Burns; City Manager, stated that the proposed vacation is south of I-694 near University Avenue. The portion of Third Street is unimproved and has no relationship to any portion of Third Street that is improved already. It is also the site for 16 non- conforming garages in a parking complex. The area covered by the proposed vacation is 1.62 acres and the northernmost five feet to be vacated is dedicated back to the City as a utility easement. Staff recommends Council's approval with the following two stipulations: 1. A utility easement on the northern 5 feet of the property is dedicated back to the City. FRIDLEY CITY COUNCIL MEETING OF JUNE 18, 2001 PAGE 3 2. Access to future cell tower needs to be through the existing driveway and parking lot area. ADOPTED RESOLUTION NO. 30-2001. 5. RESOLUTION NO. 31-2001 AUTHORIZING AGREEMENT WITH THE STATE OF MINNESOTA FOR FURNISHING CHEMICAL ASSESSMENT TEAM SERVICES FOR STATE FY 2002: Mr. Burns, City Manager, stated that the Fridley Fire Department and other communities have provided chemical assessment team response to a variety of hazardous materials _ emergencies for six yeazs. The agreement tonight extends the agreement with the State for those services. The state provides a$40,000 annual budget to cover the costs. Staff recommends extending the contract. ADOPTED RESOLUTION NO. 31-2001. 6. RESOLUTION NO. 32-2001 IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT RENEWAL FOR SPRING LAKE PARK DISTRICT 16 YOUTH HOCKEY (GENERALLY LOCATED AT K.J.'S RESTAURANT AND BAR, 8298 UNIVERSITY AVENUE N.E.)(WARD 3): Mr. Burns, City Manager, stated that the Spring Lake Park District 16 Youth Hockey organization has reapplied to sell pull-tabs at K.J.'s Restaurant and Bar. The permit will become effective October 1, 2001 and expire 5eptember 30, 2003. The Fridley Public Safety Director has reviewed the pull-tab operation at this location as part of the liquor license renewal process and found no reason to object to the renewal. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 32-2001. 7. RESOLUTION NO. 33-2001 AUTHORIZING EXECUTION OF AGREEMENT NO. 81795 BETWEEN THE CITY OF FRIDLEY AND THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR IMPROVEMENTS TO THE TH47 (UNIVERSITY AVENUE) NOISE WALL: Mr. Burns, City Manager, stated that the agreement provides that the City shall pay Mn/DOT $30,000 for aesthetic improvements for the noise wall to be constructed this year along University Avenue. The improvements have been requested by the HRA, and the City will be reimbursed by the HRA. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 33-2001. FRIDLEY CITY COUNCIL MEETING OF JUNE 18, 2001 PAGE 4 8. APPPROVE CONTRACT AMENDMENT BETWEEN SHORT ELLIOTT HENDRICKSON, INC. (SEI�, AND THE CITY OF FRIDLEY FOR THE DESIGN OF TH 65 CAUSEWAY IMPROVEMENTS: Mr. Burns, City Manager, stated that the contract provides for additional causeway improvements for Highway 65 that were not previously anticipated. Additional work is associated with federal funding application for preparation for an additional right-of-way and easement documents and extension of the project approximately 1,000 feet north of 63�d. The cost of these additional services is $115,250. All but $34,194.60 will be paid with the DTED grant. Staff is recommending Council's approval. _ APPROVED CONTRACT AMENDMENT BETWEEN SHORT ELLIOTT HENDRICKSON, INC., AND THE CITY OF FRIDLEY. 9. APPROVE AGREEMENT BETWEEN THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES AND THE CITY OF FRIDLEY FOR A NEW FISHING - PIER AT MOORE LAKE: Mr. Burns, City Manager, stated that the City has applied for and received a grant for replacing the fishing pier at Moore Lake. The proposed pier will extend 64 feet from shore and will include a"t" that measures 20 feet by 40 feet. The current pier is fixed and the proposed one is floating. The City's share of the cost is $10,000. Staff recommends Council's approvaL APPROVED AGREEMENT BETWEEN THE MINNESOTA DEPARTMENT OF NATUI2AL RESOURCES AND THE CITY OF FRIDLE3�. 10. CLAIMS: APPROVED PAYMENT OF CLAIM NOS. 99838-100139 11. LICENSES: - APPROVED ALL LICENSES AS SUBMITTED. ADOPTION OF AGENDA: MOTION by Councilmember Bolkcom to adopt the Agenda as presented. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM: No members in the audience spoke. FRIDLEY CITY COUNCIL MEETING OF JUNE 18, 2001 PAGE 5 PUBLIC HEARINGS: 12. CONSIDERATION OF AN ORDINANCE AMENDING SECTION 6.06, CONTRACTS, HOW LET AND CHAPTER 8, PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS, OF THE FRIDLEY CITY CHARTER(CONTINUED FROM JUNE 4, 2001): MOTION by Councilmember Bolkcom to continue the public hearing. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Pribyl stated that Councilmember Billings asked a question about Section 804, Local Improvement Regulations, and the change in voting requirements that was recommended. The Chairman of the Charter Commission, Craig Gordon, is present to answer that question. Mr. Gordon stated that the Charter Commission decided to make the voting requirement change after researching other city's charters. The Charter Commission thought this change would serve the residents of Fridley better. The Charter Commission as a whole wanted the four-fifths vote. Councilmember Billings thanked the Charter Commission for their efforts. His concern is that this could pertain to assessments, not whether or not the project is done. If Council receives a petition by 51 percent of the benefiting property owners that say they do not mind being assessed, then it needs a majority vote of Council. Right now it ta�ces all five Councilmembers to say that there will be an assessment. That means that the project still could get done if it is important enough for the City. The people who are getting assessed would hopefully feel that it is benefiting them. He asked how much discussion the Charter Commission held on this item. Mr. Gordon stated that they reviewed approximately seven or eight other City Charters, and there was substantial discussion on this mater. Mr. Don Findell, 6850 Sieverts Lane, who is a member of the Charter Commission, stated that he was originally opposed to the change. If less than 50% of the people in a neighborhood want an assessment, then it should be a supermajority to get it through Council. One of the members providing input was Nancy Jorgenson who stated that it would streamline the City Council in the event that the vote was taken on the day that one member was not present. Mayor Lund asked Councilmember Billings if he could envision the kind of assessments he was talking about. Councilmember Billings stated that it is 50% of the properties that are benefiting and 50% of the property. There could be a situation in which one side of the street is industrial and the other side is residential with more homeowners, but the industrial has just as much footage as the other owners. Sometimes people do not get the whole story before signing a petition. The Charter FRIDLEY CITY COUNCIL MEETING OF JUNE 18, 2001 PAGE 6 currently states that if that is the situation, all five members need to agree. This is a substantial change and he is not questioning the decision-making ability of anyone on the Council, but he is concerned. The City Charter is the constitution for the City of Fridley and there aze no small changes. Mr. Burns stated that several years ago, during the Locke Lake project, there were concerns � about the primary assessees and secondary assessees. This Charter change will apply to that kind of situation as we1L Councilmember Barnette asked Mr. Gordon if he remembered any circumstance in the past where Council had to vote in this situation. Mr. Gordon stated that he did not. Councilmember Barnette stated that the Charter Commission has done good work and he would be in support of this amendment. Mayor Lund asked Mr. Knaak if he had anything to add. Mr. Knaak stated that it is a substantive change. It would be more consistent with other cities and with what the State Statute provides for. Mr. Burns stated that in the Locke Lake example where a Councilmember felt he or she had a conflict of interest and would not vote, would that automatically prohibit going ahead with the assessment project? Mr. Knaak stated that elected officials and Councilmembers take a very conservative view of what a conflict is. In reality, it is not a conflict unless you were to receive any immediate financial benefit. Even then, it is possible to vote if all Councilmembers agree that the member could vote. Mr. Burns asked if the motion would not pass if a Councilmember abstained from voting due to - personal feelings. Mr. Knaak stated that it would be substantially a"no" vote. Councilmember Bolkcom asked what would prevent a City Councilmember from abstaining from the voting process. There could be a deadlock. Councilmember Billings stated that it had to be an assessment and there had to be less than 50% of the people wanting to accept the assessment. � Councilmember Bolkcom stated that they just held a neighborhood meeting dealing with a street project for next year. Whether or not the City gets all the signatures, at some point the street project has to be decided upon. FRIDLEY CITY COUNCIL MEETING OF JUNE 18, 2001 PAGE 7 Mr. Gordon stated that with the four-fifths voting requirement, they felt they were covering the bases for one Councilmember not voting. Mayor Lund stated that he believes the Charter Commission has done their research. Councilmember Bolkcom stated that if one Councilmember was out for medical reasons, this new change would help in that situation. Mr. Knaak stated that was conect. Councilmember Billings stated that it is likely he will support this, but any change is important. This could have more impact on a Councilmember that wanted to abstain and he is more swayed by the possibility that a Councilmember could be on an extended sick leave or something and unable to vote. He is not swayed by the reasoning that this would make it easier for the City Council. The Charter is not here to make life easy, but to make sure the citizens are fairly represented. MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 8:06 P.M. 13. CONSIDERATION OF A REZONING REQUEST, ZOA #O1-02, BY BOBBY TAYLOR, TO CHANGE A DWELLING FROM R-1 SINGLE FAMILY, TO R-3 MULTIPLE FAMILY, GENERALLY LOCATED AT 401 IRONTON STREET N.E. (WARD 3): MOTION by Councilmember Bolkcom to waive the reading and 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 8:06 P.M. Mr. Bolin stated that this request is to accommodate the number of units and density desired to operate a rental sober house. This property was platted in 1966. In 1976, the previous owner, Ms. Norma Wilson, obtained a special use permit that with provisions to modify the structure for a second dwelling unit. In 1999, the City became aware that the property had been converted into three distinct units and two additional sleeping rooms in the basement. In November of 1999, Ms. Wilson made the application for a rezoning. Staff inspected the home and found the home in serious disrepair and out of compliance with building, fire, and electrical codes. There were still tenants occupying the basement and third floor attic. After inspection, Ms. Wilson withdrew her rezoning request. In February of 2000, another new tenant introduced herself to City staff and indicated she moved into this building. She said she was representing Ms. Wilson and requested information regarding inspections. The owner was only supposed to have two units at that time. In March of 2000, the City held a hearing about the revocation of Ms. FRIDLEY CITY COUNCIL MEETING OF JUNE 18, 2001 PAGE 8 Wilson's special use permit. She was to vacate all portions of the home, as she no longer had a rental license and the City needed to assure the safety and well being of the tenants. Ms. Wilson was ordered to bring the building up to code compliant condition and work with a licensed building contractor with the necessary permits being issued by May 8, 2000. Ms. Wilson failed to meet these requirements and the special use permit was unanimously revoked. Accordingly, it returned the property to its original single family status. Mr. Bolin stated that in the summer of 2000, Ms. Wilson put her property on the market and the City answered many calls from prospective buyers and realtors. Everyone who called was instructed that the property was zoned for use as a single family home. In March of 2001, Mr. Taylor contacted the City and requested inspection of the property in order to obtain a rental license. Staff inspected and noted major remodeling without permits with three distinct units with nine to eleven people living on this site. Mr. Taylor was informed that he had no legal rental unit and was told to reduce the number of persons living there to five. Mr. Taylor has proceeded forward with the rezoning request. No building or electrical permits have been taken out on this property since 1976. Mr. Bolin indicated that rezoning is a discretionary grant on the part of the City and the City must decide whether or not a request is in keeping with the overall vision and best interests of the City. The December 1999 inspection revealed that construction was not adequate to allow additional units and the March 2000 inspection revealed many health, safety and welfare issues. This request fails to meet the three criteria required for rezoning. The first is compatibility with the proposed use with the Comprehensive Plan. The second criteria is compatibility with adjacent uses. R-3 zoning would increase the density and traffic. There is no appropriate parking on this site and to enlarge the parking area would drastically change the character of the neighborhood. This would also allow removal of the single family home, replacing it with an apartment building. The existing home does not meet the setback requirements for the R-3 zoning district with the side yard setback to the east or parking. Mr. Bolin stated that at the June 6 Planning Commission, a motion was made to deny the rezoning request. That motion passed unanimously. Staff recommends denial of this request as it is not in conformance with the City's Comprehensive Plan, would increase d�nsity beyond R-1 standards, and would require a larger parking lot. The petitioners have requested that this item be delayed until the second meeting in July. Mayor Lund stated that the letter from the petitioner's attorney requesting a continuanc� will be entered into the record at this time. MOTION by Councilmember Bolkcom to receive the letter dated June 18 by Karen Marty. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Bolkcom asked if the County would alert anyone that the zoning for this property is not R-3 at this time. FRIDLEY CITY COUNCIL MEETING OF JUNE 18, 2001 PAGE 9 Mr. Bolin stated that Council actions, special use permits, variances, and plats aze all recorded at the County. Councilmember Bolkcom asked Mr. Bolin for an update on the work that has been done on the home. Mr. Bolin stated that the bathroom on the second floor was inspected in 1999 and the floor was rotting around the toilet and shower. New flooring has been installed but without the benefit of inspections, it is not known if the floor joists underneath are intact. In March, Mr. Taylor was told he needed building permits for rental property pulled by licensed contractors. It was not until this morning that a licensed contractor came in for a permit. It is hard to tell if things have been fixed or covered up with electrical, plumbing and flooring. Councilmember Bolkcom asked how the duplex that is already in the neighborhood fits in with the comprehensive plan. Mr. •Bolin stated that the two properties to the west of the petitioner's home function as duplexes. They meet all the requirements for a duplex. To the south, the property at the corner of East River Road has four units and has been there a number of years. To the east there is a four-plex that is very residential in character. Everything else in that area is zoned R-1. Councilmember Bolkcom asked if this could be an area mentioned in the Comprehensive Plan that could be zor�ed R-3. Mr. Bolin stated that there were other azeas in the City that were identified as expanding the City's R-3 district but nothing in this area. Councilmember Bolkcom asked Mr. Knaak if the rezoning to R-3 could allow an apartment complex at some point in time, should we look at what is there now or what could be there after a rezoning? Mr. Knaak stated that all future possible uses on the rezoning needed to be considered. Councilmember Billings stated that all the prior history was not intended to color the property itself as bad, but to lay the foundation for all the structural problems that were there. Mr. Bolin stated that was correct. Councilmember Billings asked Mr. Bolin if a rezoning could go to R-2 to allow two units in the home. Mr. Bolin stated that is a possibility, but it may raise spot zoning issues. Councilmember Wolfe asked if they still had to work with building inspectors regarding the remodeled bath. FRIDLEY CITY COUNCIL MEETING OF JUNE 18, 2001 PAGE 10 Mr. Bolin stated that they do need to uncover as much sheet rock or flooring as necessary. Councilmember Bolkcom asked if the only reason that the inspection has not been done yet is because we are waiting for the permits to be pulled by a licensed contractor. Mr. Bolin stated that was correct. Mr. Burns asked how often the structural condition of the house has a bearing on recommendation of denial. Mr. Bolin stated that the actual rezoning is unusual but the City staff who went through the home in 1999 had major concerns for anyone living in the structure. This home does not meet the criteria for rezoning because of the land use not being compatible to the neighborhood. Councilmember Bolkcom stated that the reasons for compatibility and the Comprehensive Plan were very clearly laid out by Mr. Bolin. Ms. Karen Marty, Attorney for Robert and Cathryn Taylor, stated that rivo underlying themes keep coming up. The previous property owner did not do a good job of taking care of the property. This property itself became dilapidated and staff does not know if it has been fixed. The Taylors are requesting a continuance to address those two items. The zoning issues are important but they would like to address the building permit process. The Taylors are ignorant about some of the things that are taken for granted. The second Council meeting of July would give the Taylors time to get the building permits, rip up the floor, and show they did do the work, and have a chance to conect any deficiencies. Mayor Lund asked if the deficiencies in the property were told to the Taylors at the time of the sale and that a rezoning would be necessary. The petitioner may or may not get the rezoning after repairs because it may not be compatible. Ms. Marty stated that they do understand that. They want to get the home fixed up even if it is a single family dwelling. They were told by the realtor that the property was a duplex and zoned R-2. They addressed the life safety issues to renew the rental license without realizing they needed to get a building permit and then applied for the rental permit. Mr. Bolin stated that the original 60 days will be up July 3. Mayor Lund asked if there were any legal problems to accept the request for the delay. Mr. Knaak stated that the City could request with written notice providing an additional 60 days, if the party then subsequently waives or provides a waiver of record to go beyond that. Councilmember Bolkcom stated the rezoning request would be tabled. Mr. Knaak stated that would be correct. FRIDLEY CITY COiTNCIL MEETING OF JUNE 18, 2001 PAGE 11 Mr, and Mrs. Marie and Scott St. Arnold, 350 Ironton, stated that they like the quiet neighborhood and are concerned about the property due to the experience before. Six calls were received by other neighbors with the same concerns. A sober house is an honorable idea, but the Taylors do not even homestead the property and this is where they live. Councilmember Bolkcom asked if five unrelated people could live in this home until the necessary corrections are finished. Mr. Bolin stated that was correct. Mayor Lund asked about the other neighbors' concerns. Mr. Bolin stated that he received six calls before the Planning Commission meeting and all were in agreement with the St. Arnolds. MOTION by Councilmember Bolkcom to continue this item. Seconded by Councilmember Wol�e. MOTION by Councilmember Bolkcom to amend the motion to continue this item until July 23. Seconded by Councilmember Wolfe. Ms. Marty stated that they have no objection to extending this to the second 60-day period provided by the Statute. Mayor Lund asked when the second 60-day period would start. Mr. Bolin stated that would be on July 3. Councilmember Billings stated that they are all in agreement with this. They are not trying to make it difficult for people to remodel and this extension is at the request of the petitioner and not a request by the City Council. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNAlvIMOUSLY. NEW BUSINESS: 14. FIRST READING OF AN D �� PTERCg pUBLICIMPROVEM NTS AND CONTRACTS, HOW LET, AN SPECIAL ASSESSMENTS OF THE FRIDLEY CITY CHARTER: MOTION by Councilmember Billings to table this item. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF JUNE lg, 2001 PAGE 12 15. FIRST READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA, BY MAI{ING A CHANGE IN ZO1vING DISTRICTS (ZOA #O1-02, BY BpgBY TAYLOR, GENERALLY LOCATED AT 401 IRONTON STREET N E)(WARD 3) MOTION by Councilmember Bolkcom, to table consideration of this item, ZOA #01-02, in order to ascertain the necessary information to fully examine and study the request, and to extend the review period for City Council action an additiona160 days. Staff will notify the petitioner in writing of the 60-day extension as soon as possible. Seconded by Councilmember Barnette. Councilmember Bolkcom stated that this would give more time to consider the request from Mr. and Mrs. Taylor's attorney and receive more information by July 23. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 16. - SPECIAL USE PERMIT REQUEST, SP #O1-05, BY RICHARD AND LAURA WOLFE, TO ALLOW A SECOND ACCESSORY STRUCTURE_ [i'F�vru s T r v r nr � rrr�t. . ... ,. ___ _ '-'v�-h 1 r.11 H 1 you tiA 1�HAWAY LANE N.E. ARD 2� ya� aLL j Mr. Bolin stated that the petitioners are seeking a special use permit to construct a 600 square foot accessory buiiding at 960 Hathaway Lane. The total square footage of all existing proposed accessory structures on this site is 1,040 square feet, which is 360 square feet less than the total allowed by Code. The proposed garage will be directly behind the existing garage, �e Planning Commission approved this at their June 6 meeting. Staff recommends approval with six stipulations. Councilmember Billings asked how many special use permit applications for secondary structures in Fridley are received on an anrival basis. Mr. Bolin stated that there probably are 15 to 20. Councilmember Billings asked how many have been approved and how many have not been approved. Mr. Hickok stated that he could recall one that was not approved since 1994. Councilmember Billings stated that from a practical standpoint, this is merely complying with the requirements of the code that in a single family zoning, a second garage needs City permission, but is not unusual. Mr. Hickok stated that the one that was denied was because of size. Councilmember Billings stated that there is nothing special about the special use permit. We are not going out of our way to do something for Councilmember Wolfe that we do not normally do. It was unanimously approved by the Planning Commission. FRIDLEY CITY COUNCIL MEETING OF JUNE 18, 2001 PAGE 13 Councilmember Wolfe asked about the previous size issue that was denied. Mr. Hickok stated that it was a combination variance and special use permit request. Councilmember Barnette asked it Councilmember Wolfe and his wife understood all the . stipulations. � Councilmember Wolfe stated that they did. MOTION by Councilmember Billings to approve the SP #O1-OS with the following six stipulations: 1. Petitioner shall install code required hard surface driveway within 12 months of issuance of the building permit. 2. Petitioner shall obtain all necessary building permits prior to construction. 3. The structure shall not be used for a home occupation or living area. 4. All vehicles shall be stored on a hard surface as approved by the City. 5. Total square footage of all accessory structures must not exceed 1,400 square feet. 6. Gazage shall be architecturally compatible with existing home and finished with a complementary side and color scheme. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 17. INFORMAL STATUS REPORTS: Councilmember Bolkcom stated that only one family showed up for the meeting on the Springbrook Creek. The decision will not be made until more information is obtained about drainage. The St. Arnolds have worked out a plan with Jon Haukaas. She would ask the City Manager to send Mr. Haukaas a letter that states that due to lack of participation, a"do nothing" � policy is proposed. She said that five people showed up for a street reconstruction meeting. They are waiting for more petitions from the neighborhood. � Councilmember Wolfe stated that he was impressed by all the families that showed up for `49er Days. Councilmember Barnette stated that Safety Camp is next Tuesday and Wednesday, June 26 and 27. Please call the City if you desire more information. Everyone is invited to see this wonderful program. FRIDLEY CITY COiTNCIL MEETING OF JUNE 18, 2001 PAGE 14 Mayor Lund thanked the Fire Chief, Mr. McKusick, and his wife and the `49er Days Committee members for all of their hard work on `49er Days. He would like to thank the Pageant Committee and Diane Hershey for a first-rate pageant. The Fridley Lion's Club had an excellent parade. The City newsletter is out so please read it and stay informed. Councilmember Bolkcom stated that there is a farewell gathering for the Superintendent of . Columbia Heights, Mr. Behlow, from 5:00 p.m. to 7:00 p.m. on Tuesday, June 26. ADJOURN: MOTION by Councilmember Barnette to adjourn the meeting. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE JUNE 18, 2001, CITY COUNCIL MEETING ADJOURNED AT 8:57 P.M. Respectfully submitted, Signe L. Johnson Scott J. Lund Recording Secretary Mayor � AGENDA ITEM � CITY COUNCIL MEETING OF «�oF .lu1y 9, 2001 FRIDLEY urns Ci Manager �` To: Wilham W. B , tY � From: Richard D. Pribyl, Finance Director Debra A. Skogen, City Clerk Date: July 5, 2001 Re: - First Reading of Proposed Charter Amendment on Chapter 6 and 8 of the Fridley Charter Pertaining to Contracts, Public Improvements and Special Assessments A public hearing was held on June 4, 2001, and continued to June 18, 2001, pertaining to the Charter Commission proposed amendments to the City Charter. The public hearing was closed and the first reading of the ordinance was tabled to the next city council meeting. Staff recommends a motion removing the first readingeri the ordinance from the table and holding the first readmg of the ordinance as shown m Attachm 1 Attachment 2 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 6.06, CONTRACTS, HOW LET AND CHAPTER 8. PUBLIC IMPRpVEMENTS AND SpECIAL ASSESSMENTS OF THE FRIDLEY CITY CHARTER The City Council of the City of Fridley does hereby ordain as follows: That the following sections of the Fridley City Charter be amended as follows: Section 1: That Section 6.06. CONTRACTS, HOW LET, be amended as follows: In all cases of contracts for the purchase of inerchandise, materials or equipment or for any kind of construction work undertaken by the City, which require an expenditure of more than that which is set by the State Statutes, unless the Council shall by an emergency ordinance otherwise provide, the City Manager shall advertise for bids by at least ten (10) days published notice in the official newspaper. When a bid is required, it shall be let to the lowest responsible bidder who is ualified in accordance with Minnesota State Statutes as determined by the Council. The Council may, however, re�ect any and all bids. Nothing contained in this Section shall prevent the council from contracting for the doing of work with patented processes, or from the purchasing of patented appliances. Section 2: that CHAPTER 8. PUBLIC Il1�IPROVEMENTS AND SPECIAL ASSESSMENTS, be amended as follows: Section 8.01. THE CITY PLAN. The present �,age zoning and com�rehensive plans shall be the plans for future physical development of the City. �s}� �plans may be altered from time to time. To alter � a zo� plan, the City Council shall hold a public hearing and notice published fourteen (14) days prior to hearing with notices sent to affected property owners. It ma}�-iriclude provisions for zoning, for the platting and development of new areas, for the planning and location of public works of art, public buildings, parks, playgrounds, bridges, transportation lines, and other public facilities, and for laying out, � improving e€ streets and public places as well as � all other matters which may seem essential to such a plan. Section 8.02. ENFORCEMENT OF CITY PLAN. The Council shall have all necessary power, acting through the City Manager, to enforce complete adherence by all persons to the plans adopted as provided above, and to adopt and enforce a comprehensive zoning ordinance. The Council shall have power to pass ordinances to regulate the use of private property, the height of buildings, and the proportion of the area of any lot which may be built upon and to establish building lines. Such power shall be exercised to promote public health, safety, morals, welfare and convenience. 2 Ordinance No. Section 8.03. PUBLIC IlVIPROVEMENTS AND SPECIAL ASSESSMENTS. Page _ The City shall have the power to make any and every type of public improvement not forbidden by the laws of the State and to levy special assessments to pay for all such improvements as are of a local chazacter, in accordance with Minnesota State Statute Chanter 429, Local Improvements Special Assessments. The amounts assessed to benefited property to pay for such local improvements may equal the cost of the improvements, including all costs and expenses connected therewith, with interest, until paid, but shall not exceed the benefits to the property. Section 8.04. LOCAL IlVIPROVEMENT REGULATIONS. � . The City Council may prepare and adopt a comprehensive ordinance, prescribing the procedure which shall determine all matters pertaining to the making of local improvements thereafter, and such ordinance shall supplant all other•provisions of law on the same subject and may be amended only by an affirmative vote of at least four (4) members of the City Council. Such ordinance shall provide for such notice and hearing in the ordering of improvements and the making of assessments therefore as shall be necessary to meet constitutional requirements. Such ordinance shall also require a petition of a majority in number and interest of the owners of property to be assessed for such improvement, or improvements, for the initiation thereof; provided that the City Council may proceed upon its own initiative hereunder and under such ordinance by resolution adopted by �e-�5� four/fifths 4/5 affirmative votes of the City Council after a proper notice and hearing. (Ref. Ord. 776) Section 8.05. PUBLIC WORKS HOW PERFORMED. Public works including all local improvements, may be constructed, extended, repaired or maintained either by contract or, '� +'� *� + a + � ' *'' "�''""`�""� � `��•° {$�;88A}; directly by day labor. Before receiving bids the City Manager shall, under the direction of the City Council have suitable plans and specifications prepazed for the proposed material or project and estima�e of the cost thereof in detail. The award of any contract amounting to more than � f fly thousand dollars ($}50,000) shall require an affirmative vote of at least four (4) members of the City Council. When the best interest of the City will be served thereby, the City Council may organize a s�e�� up blic works department under competent supervision and provided with suitable equipment. (Ref. Ord. 776) 2. The right is reserved to the City Council, upon the recommendation of an engineer, acting through the �st�s�} Qublic works department, to bid on any work to be let by contract. All contracts shall be let to the lowest responsible bidder who is aualified in accordance with Minnesota State Statutes. ,'��•—�R- The term lowest responsible �� bidder" shall be interpreted as giving the City Council the right to accept any bid which it determines to be most advantageous to the City. The City Council shall reserve the right to reject any or all bids in accordance with Minnesota State Statute Chanter 429. �� Ordinance No. Page _ . The City shall require contractors to fumish proper bonds for the protection of the City, the employees and material person. (Ref. Ord. 776) PASSED AND ADOPTED BY TI� COUNCIL OF TI� CITY OF FRIDLEY THIS DAY OF , 2001. _ Scott J. Lund — Mayor ATTEST: Debra A. Skogen — City Clerk Public Hearing: June 4, 2001 First Reading: Second Reading: Publication: � CITY OF FRIDLEY PLANNING COMMISSION MEETING, JUNE 20, 2001 CALL TO ORDER: Chairperson Savage called the June 20, 2001, Planning Commission meeting to order at 7:30 p.m. ROLL CALL: Membe�s Present: Diane Savage, Ba�bara Johns, Dave Kondrick, Larry Kuechle Members Absent: Connie Modig, Dean Saba, Larry Oquist Others Present: Paul Bolin, Planning Coordinator Stacy Bulthuis, Planner Stephanie Hanson, Planner INTRODUCTION TO NEW PLANNING STAFF: Mr. Bolin introduced the newest member of the Planning Staff; Stephanie Hanson. He stated Ms. Hanson attended the University of Minnesota and has a Bachelor's degree in Natural Resources with a concentration in Land Use Planning. P�ior to joining the Fridley Staff, she worked for the City of St. Francis for the last year. Ms. Hanson will be focusing on code enforcement and land use issues. One of her projects is to go through the commercial/industrial areas to educate the owners on code requirements for outdoor storage and upkeep. Ms. Hanson's phone number for questions is 763-572-3593. APPROVAL OF THE JUNE 6 2001 PLANNING COMMISSION MEETING MINUTES: MOTION by Mr. Kondrick, seconded by Ms. Johns, to approve the June 6, 2001, Planning Commission meeting minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE_ MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING: Consideration of a Plat, PS #01-03, by Nedegaard Construction Company to divide the property into four single family lots, generally located at 5353 Fillmore Street. MOTION by Mr. Kuechle, seconded by Ms. Johns, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 7:35 P.M. Ms. Bulthuis stated Nedegaard Construction Company is seeking to replat the property into four single family lots. Fridley City Code requires that lots in the R-1 district be a minimum of 75 feet wide with a minimum lot area of 9,000 square feet. The proposed lot #1 will be 83 feet wide and 9,687 square feet in size after the replat. The proposed lots #2 and #3 will be 77 feet wide and 9,049 square feet in size after the replat. Lot #4 will be 83 feet wide and 9,717 square feet in size after the replat. Lot #1 and #2 will be accessed off Skywood Lane, and lots #3 and #4 wil) be accessed off 53�d Avenue. This property is zoned R-1 as are all surrounding properties. The 5 PLANNING COMMISSION MEETING, JUNE 20, 2001 PAGE 2 existing home wiil be removed to accommodate the four new homes. Staff recommends approvai with stipulations. Mr. Kuechle asked if any variances were required, particularly because of the gas line that goes through there. Ms. Bulthuis stated that no variances were required. Ms. Savage asked if there were any comments from the neighbors. Ms. Bulthuis stated that one neighbor called and expressed excitement over the fact that there would be four new homes in the neighborhood. Bruce Nedegaard, Nedegaard Construction, stated he has no problem with any of the stipulations as they will meet or exceed the requirements. He has hired a company to remove the existing home, shed, and debris in the next few weeks. Several neighbors are happy to have neighbors with more children in the neighborhood. Mr. Kuechle asked if he anticipated any variances to get the houses placed on the lots. Mr. Nedegaard stated he did not. The four homes are being designed by an architect, and they will stay within the restrictions. Mr. Kuechle asked about the timetable. Mr. Nedegaard stated that if the plat is approved, he hoped to put all four basements in by early fall. Ms. Johns asked if Mr. Nedegaard had considered deconstruction for the removal of the existing house or was it going to be bulldozed over? Mr. Nedegaard stated it would be torn down and hauled away. Ms. Johns stated that she is pushing for deconstruction whenever possible. There are a lot of houses in Fridley with salvageable goods. It should be known that if the goods i+� the home are salvageable, they can be used again through special service organizations. The timbers, wood, floors, countertops, and any kind of cabinetry can be salvaged if in good condition and then sold for remodeling homes. Ms. Savage asked whose responsibility that is. Ms. Johns stated it is the owner's responsibility. Mr. Nedegaard stated there are not a lot of salvageable items in this home. Ms. Johns stated that sometimes even the windows may be salvageable. She just wanted the people to be aware of this service. MOTION by Mr. Kondrick, seconded by Mr. Kuechle, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 7:41 P.M. 0 } � i 1 � PLANNING COMMISSION MEETING, JUNE 20, 2001 Mr. Kondrick stated he did not have any problem with this plat request. PAGE 3 Ms. Savage stated she agreed, because the lot exceeds the size standards and will provide additional property for home ownership for Fridley residents. Mr. Kuechle and Ms. Johns also concurred. MOTION by Mr. Kuechle, seconded by Mr. Kondrick, to approve PS #01-03 with the following stipulations: 1. The petitioner shall obtain all necessary permits prior to construction. 2. Any remaining debris from demolition of existing home and any outdoor storage on site shall be removed prior to granting the final plat. 3. Regular maintenance of the site shall be done by the developer until the homes are built. 4. 6rading and drainage plan shall be approved by the Ciry's Engineering staff prior to the issuance of any building permits, in order to minimize impacts to the surrounding properties. 5. The petitioner shall provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 6. - During construction, silt fencing shall be used where applicable. 7. The petitioner shall pay $1,500 per lot for park fees prior to the issuance of building permits. 8. The petitioner shall be responsible for the installation of sewer and water service connections from property line to existing City utilities. The plan shall be approved by City's Engineering department. 9. The petitioner shall agree to preserve mature trees to the extent possible. All trees to be removed for the new homes shall be marked and approved by City staff prior to the issuance of building permits. 10. The petitioner shall provide easements as shown on preliminary plat drawing. 11. At British Petroleum's request, the petitioner shall agree to not build closer than 25 feet from the centerline of the British Petroleum Pipeline on Lots #3 and #4. 12. No soil can be removed from over the British Petroleum Pipeline that results in a depth of less than 3 feet. 13. Utilities crossing the British Petroleum Pipeline must be located below it and have a minimum clearance of 12 inches between structures. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Savage stated this plat request goes to City Council on July 9, 2001. 2. PUBLIC HEARING: Consideration of a Zoning Text Amendment, ZTA #01-02, by the City of Fridley, to make City parking requirements consistent with Minnesota Accessibility Code Chapter 1341. MOTION by Mr. Kondrick, seconded by Mr. Kuechle, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 7:53 P.M. Ms. Hanson stated that City staff is requesting an amendment to the City's zoning code pertaining to accessible parking requirements in order to comply with Federal ADA and Chapter 1341 of Minnesota Rule. In 1990, the Americans with Disabilities Act was signed into law with the intent to protect people with disabilities from discrimination. Minnesota Rule Chapter 1341 f/ PLANNING COMMISSION MEETING, JUNE 20, 2001 PAGE 4 was last updated January 5, 2001, and Fridley's ordinance has been unchanged since 1988. Currently, Fridley City Code 205 requires one handicapped stall for each 50 spaces. Minnesota Rule 1341 has a requirement of 1 to 25 parking spaces required. Ms. Hanson stated adopting Chapter 1341 will require changes to the parking sections of all zoning districts. The current definition with Fridley's zoning code for parking stalls for the handicapped is 12 foot wide by 20 foot long area to store one automobile and located as near as practical to the building entrance as specified in State Statutes. Where a parking stall abuts the curb or sidewalk, the length may be reduced to 18 feet. The new reading may be defined as parking stall accessible. Accessible parking spaces will be provided in accordance with Minnesota Rule Chapter 1341. These changes will ensure that persons with disabilities have their parking needs met and to update the ordinance to be consistent with ADA and Chapter 1341 requirements. Staff recommends approval. Ms. Savage asked if other cities had similar zoning text amendments. Ms. Hanson stated that she was not sure. Ms. Savage asked if this amendment is approved, does it mean people will have to add handicapped parking? Mr. Bolin stated this is not retroactive. This is for businesses that are expanding and any new parking lots. The City Code was in conflict with some codes the building officials had to deal with out on the sites. Mr. Kuechle asked if the Minnesota Statutes would override Fridley's. Mr. Bolin stated they could. The City can have more restrictive, but not less restrictive, requirements. MOTION by Mr. Kuechle, seconded by Mr. Oquist, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 7:50 P.M. Mr. Kuechle stated that he is in favor of this amendment, and it makes it easier to be more consistent with other cities and states and building officials. MOTION by Mr. Kondrick, Ms. Johns, to adopt ZTA #01-02, by the City of Fridley, to make City parking requirements consistent with Minnesota Accessibility Code Chapter 1341. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. RECEIVE THE MINUTES OF THE MAY 7. 2001, PARKS AND RECREATION COMMISSION MEETING: MOTION by Mr. Kondrick, seconded by Mr, Kuechle, to receive the minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. : PLANNING COMMISSION MEETING, JUNE 20, 2001 PAGE 5 4. RECEIVE THE MINUTES OF THE MAY 3 2001 HOUSING AND REDEVELOPMENT AUTHORITY MEETING: MOTION by Ms. Johns, seconded by Mr. Kondrick, to receive the minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. ADJOURNMENT: MOTION by Mr. Kondrick, seconded by Mr. Kuechle, to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE JUNE 20, 2001, PLANNING COMMISSION WAS ADJOURNED AT 7:52 P.M. Respectfully submitted, -�-4' � '�- %�'x..:�-or� Sign L. Johns �p� Recording Secretary 0 I � cmr aF FRIDLEY TO: FROM: DATE: SUBJECT: AGENDA ITEM CITY COUNCIL MEETING OF JULY 9, 2001 William W. Burns, City Manager , �% � Ralph Messer, Fire Marshal July 5, 2001 Ordinance Change for Rental Fee Increases Attached for first reading is an ordinance amending the Fridley City Code pertaining to residential rental property license fees. This change will increase residential rental license fees by 10 percent. Rental license fees currently fund approximately 45 percent of the rental inspection program budget. If approved, this change will be reflected for the license year beginning September 1, 2001. Staff recommends approval of the first reading of this ordinance. Attachment � � 0 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 11 OF THE FRIDLEY CITY CODE PERTAINING TO RESIDENTIAL RENTAL PROPERTY LICENSE FEES � The City Council of the City of Fridley hereby finds, after review, examination and recommendation of staff, that the current Chapter 1 l, Fee Schedule, of the Fridley City Code, pertaining to Chapter 220, Residential Rental Property Maintenance and Licensing Code, to be inadequate to meet the costs required for the inspection under the Municipal Code and hereby ordains the fee schedule be amended as follows: Chapter 220 - Multiple Dwelling Single rental unit Two rental units � Three units Four units Five or more units Reinspection Fee Transfer Fee License Fee after revocation or suspension $�S $27.50 $S�9 $55 $� $82.50 $�99 $110 $�.99 $110 plus $r5 $5.50 per unit $�4 $66 $25.00 150% times the annual license fee PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF JULY, 2001. ATTEST; DEBRA A. SKOGEN — CITY CLERK First Reading: July 9, 2001 Second Reading: Publication: 11 SCOTT J. LUND - MAYOR � � CITY OF FRIDLEY TO: FROM: DATE: SUBJECT AGENDA ITEM CITY COUNCIL MEETING OF JULY 9, 2001 William W. Burns, City Manager n�� ! � Jon H. Haukaas, Public Works Director July 9, 2001 Municipal Center Recarpet Project PWO1-062 On 'Fhursday, June 21, 2001, a� 11:00 a.m. bids were opened for the Municipal Center Recarpet project. Six sets of plans and specifications were sent out and three bids were received. The low bid received was from Floors by Beckers of New Brighton, MN. The base bid for the upper and lower levels of the Municipal Center is $99,500.00. The alternate bid for the Fire Department is $10,678.75 for a total bid of $110,178.75. The 2001 General Capital Improvement budget identified $140,000.00 to recarpet the Municipal Center and Fire Department. Recommend the City Council receive the bid and award the contract for the Municipal Center Recarpet Project No. 339 to Floor by Beckers for $110,178.75. JHH:cz Attachment 12 � r 0 BID FOR PROPOSALS RECARPET MUNICIPAL CENTER PROJECT NO. 339 THi1RSDAY, JUNE 21, 2001,11:00 A.M. _ TOTAL BASE ALTERNATE PLANHOLDER BID BOND BID BID TOTAL BID Floors by Beckers, Inc 5% 99,500.00 10,678.75 $110,178.75 805 1 st St New Brighton MN 55112 Anderson's New Carpet Design 5% 122,650.00 11,849.00 $134,499.00 7300 University Ave Fridley MN 55432 Pink Business Interiors 5% 133,�77.00 12,345.00 $146,122.00 5825 Excelsior Blvd Minneapolis MN 55416 DuPont Flooring Systems NO BID 1279 Trapp Rd, Ste 190 Eagan MN 5512t Jerry's Floor Store NO BID 1550 Hwy 10 NE Spring Lake Park MN 55432 Modern Floors NO BID 3800 Westwood Rd Lexington MN 55014 13 r � CRY OF FRIDLEY AGENDA ITEM COUNCIL MEETING OF J U LY 9, 2001 CLAIMS i00i4�-100�69 �' 0 0 r � CfiY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF J U LY 9, 2001 LICENSES Type of License: � FOOD Burger King#13091 Asha Nath 289 57th Ave NE Fridley, iVIN 55432 MUSIC FESTIVAL/PUBLIC DANCE Amazing Restaurant/Oriental Mkt Nick N. Vang 1917 Xerxes Ave Golden Valley, MN 55411 15 Approved By: Fee Public Safety $45 Fire Inspector Community Development Public Safety $1,575 Fire Inspector Community Developmert City Clerk ��m.�� 1 �1 � AGENDAITEM City Council Meeting Of Monday, July 09, 2001 � Gas Services Air Corp Inc 13821 Industrial Park Blvd Michael Ericson Plymouth MN 55441- Four Seasons Air Specialist 4457 White Bear Pkwy Ken Koetz White Bear Lake MN 55110- Snell Mechanical Inc 8850 Wentworth Ave S Earl Snell Bloomington MN 55420- White Bear Mechanical Inc 2379 Leibel St STE 600 Scott Howe White Bear Lake MN 55110- General Contractor-Commercial Garlock French Roofing Corp 2309 Snelling Ave S Ron Lund Minneapotis MN 55404 United Operations 5005 Cheshire Lane STE 3 Mike Domino Plymouth MN 55446- General Contractor-Residential Cities Home Improvement Co Inc (20076414) 640 Mendelssohn Ave N Mike Schneider Golden Valley MN 55427- Garlock French Roofing (1423) 2301 E 25 St Dave Karel Minneapolis MN 55406 16 Aooroved Bv: Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official State of MN State of MN � � r � � Great Plains Restoration Inc (20155574) 407 2 St Brian Adams Hudson WI 54016- Netko Dan Exteriors Inc (20060494) 1305 104 Lane NE Joan Schommer Blaine MN 55434- RMT Exteriors (20176909) 5725 Drew Ave Joe Peifer Brooklyn Center MN 55429- Shade Tree Construction Inc 18530 Ulysses St Mark Strandlund East Bethel MN 55011- Tailor Built Construction (20133739) 6765 Humboldt Ave N Paul Leduc Brooklyn Center MN 55430- Heatina Air Corp Inc 13821 Industrial Park Blvd Michael Ericson Plymouth MN 55441- Four Seasons Air Specialist 4457 White Bear Pkwy Ken Koetz White Bear Lake MN 55110- LBP Mechanical 315 Royalston Ave N Timothy Hayes Minneapolis MN 55405- Snell Mechanical Inc 8850 Wentworth Ave S Earl Snell Bloomington MN 55420- White Bear Mechanical Inc 2379 Leibel St STE 600 Scott Howe White Bear Lake MN 55110- 17 A��roved Bv• State of MN State of MN State of MN State of MN State of MN Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Plum i Albrecht Company 1408 West Co Rd C Roseville MN 55113- As U Need It Plumbing 10610 Southshore Dr Plymouth MN 55441- Central Plumbing Inc 7710 Corcoran Trl W Corcoran MN 55340- Hopkins Plumbing 8 Heating 79Av�N Hopkins MN 55343- Ted's Plumbing 927 290 St Glenwood City WI 54013- �1G. Dwayne Albrecht Ronald Rath David Green Steve Swanson Theodore Bergum : • .. . -. _ State of MN State of MN State of MN State of MN State of MN � � � � ` CRY OF FRIDLEY . 0 AGENDA ITEM CITY COUNCIL MEETING OF J U LY 9, 2001 ESTIMATES Ron Kassa Construction 6005 — 250t" Street East Elko, NIN 55020 Miscellaneous Concrete Curb and Gutter and Sidewalk Project No. 338 EstimateNo. 3 ......................................................................................................... $ 5,906.37 Pearson Brothers, Inc. 240 St. Johns Street Loretto, MN 55357 Street Improvement (Sealcoat) Project No. ST. 2001 — 10 EstimateNo. 1 ......................................................................................................... $118,548.96 - Dave Perkins Contracting, Inc. 14230 Basalt Street N.W. Ramsey, MN 55303 2001 Street Improvement Project No. ST. 2001-1 Estimate No. 1 ............................ r. ......................................................... 19 ........ $ 96,819.25 . . . � � / AGENDA ITEM � CITY COUNCIL MEETING OF JULY 9, 2001 cmr oF FRIDLEY Date: 7/3/01 r � To: William Burns, City Manager,�/t� From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Bulthuis, Planner RE: Public Hearing for ZTA #01-01 M-01-79 INTRODUCTION Daktronics, Inc., petitioner and manufacturer of electronic signs, is requesting a zoning text amendment to remove the City's requirement that automatic changeable signs not change messages more than once every 15 minutes. PLANNING COMMISSION ACTION At the May 16, 2001, Planning Commission meeting, a public hearing was held for ZTA 01-01. After reviewing the staff report and hearing from the petitioners, a motion was made to recommend denial of the proposed zoning text amendment. Planning Commissioners were adamant, in their recommendation of denial, that the existing sign code language is something they are very proud of and that the specia( use permit and variance process are the appropriate way to address this question. The motion passed unanimously. PLANNING STAFF RECOMMENDATION City Staff recommends the public hearing for ZTA 01-01 be held. City Staff further recommends concurrence with the Planning Commission in denial of this zoning text amendment request • The quick changing messages seen on electronic reader boards in other communities may be detrimental to the public safety. It is not uncommon for a driver's eyes to be drawn to the changing messages on these signs. • Appeals Commission & City Council have denied requests for variances to this code section (as recently as February 2001). Z� � � �E:T-04-�000 � 4 � 37 ,..;;,�.,,..�., _ ... _ . . �� - -C3 � �� .r. . �.: S �L Ij.5.5 15�G r. bL�bL W � IV�emoraincium s�iec�: iNFORMATiON; Off-Premise Changcabie Mcssagc Signs F��: Director. O�ce of Real Estate Scrvices ro: Regionai Adutinistratocs Oate: � ` 7 � � � HR�-2� A numbcr of States are taking the position thac cercain off-premisc changeab[c message signs are coc�sisten� with State law and do not violate the iighting pravisions oFtheir StacelFcderal • agreemenG 'ihe State of Georgia cecentIy amendcd its State.law tv allow off-premise signs having panets or slats that rotate provided they tneet State cciteria foc�frequency of rnessage change and spacing. The State of 4klahoma tecentiy considercd amending its State (aw t� also. �: atlow thcse signs. Because of che inc r e a s e d usc� of changeable message signs, we-betieve it is . ti,nely co testate our posicion conceming these signs. � ' �� The Federal Highway Administration (FE�iWA) ti�s alvv�ys applied the Ecderal law 23..U.S.C.' 13 i� as ic is incerpreced and in�plemented under the Eederal regulatians and,individual StatdFederal �`' agreements. Because there is considerable vaciadoa amostg th�Scates, the.importance of;these . agreemeau canstot be� oycestated. [n thc twenty-odd years si�ce. the.agieemen�s have �n ;.�.._ signed, there have beea many technological etwttges in-:signs,, iae�uding�changes .that were ,. . unfvreseen at �he time thc agreements were executed. Wi�iile rnostof.the agrocrnents have not .•. changed, the c6anges in tee[utology require the State and.FHWA:to irtterpcet.ihe 2�gtctments with �: those ehangcs ia mind. Ctwngeablc message signs sr�accept�le fo�:oEf-.pcemise signs; .. :: . cegardless of the type of technology used, if the interp�tion�af thc.Stase/Federdl agreemcnt ..:. �.. :� allows such signs. [n nearly aIl States, these signs may�.'sall notcontain flashing;�intermittent,�.ar .•.. moving tight�. � � � " _ The FNWA wiil concur wich a State that can rca�soctiabl�: interpr�t Lhe,State/Fedecdl agreement to atlow changeable message signs if such interp�etatian is �ons:tstenc with State taw. TEte. frcquency of inessage change and limitation in spacicig'forthese sigs�s should be determined by �he Scate. This intecpretation is limited ta eonfocming signs,. as applying updated teetutology to nonconfocmirig signs would be considered a substantial ehange and ineonsistent with 23 CFR 754.7U7(dX5). � , �� . � ��:. �.., � Barbara K. Ocski �� Issue Portf�Ifo 5 TOTAL P.02 r, fi f''f� e 4 �A r � M PE i ITION FOR A FRIDLEY CHANGE OF TEXT AMMENDMENT We the undersigned Fridley business owners, respectfully request the City of Fridley to adopt a change of text to Fridley sign code section 214.07 pazagraph B. To eliminate paragraph B, which restricts electronic message center use to one message change every 15 minutes. This change will allow electronic message center owners to have the ability to change messages more frequently than every 15 minutes. Name � �,s J�/�.�.►� Telephone � � 0 � .. .. .- . . __ . , _ , � � ..a Y �, � ,�� , t \ PETITION FOR A FRIDLEY CH�►NGE OF TEXT AMMENDMENT . / We the undersigned Fridley business owners, respectfully request the City of Fridley to adopt a change of text to Fridley sign code section 214.07 paragraph B. To eliminate _ paragraph B, which restricts electronic message center use to one message change every � 15 minutes. This change will allow electronic message center owners to have the ability to change messages more frequently than every 15 minutes. �US��ss NamP '�55 Telenhone • `'>� .: . . . .. , ,. . : . � . . ;; - : f �� , ��',;-,: - ;.:_.s.• :: ORDINANCE NO. _ AN ORDINANCE TO AMEND CHAPTER 214, SIGNS, OF THE FRIDLEY CITY CODE PERTAINING TO AUTOMATIC CHANGEABLE SIGNS � THE CITY COUNCIL OF THE CITY OF FRIDLEY DOES ORDAIN AS FOLLOWS: Section 1 Section 214, SIGNS is hereby amended by deleting the foilowing language: SECTION 214, SIGNS 214.07. SIGNS PERMITTED WITH A SPECIAL USE PERMIT , � • PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS _TH DAY OF , 2001. ATTEST: DEBRA A. SKOGEN, CITY CLERK Public Hearing: July 9, 2001 First Reading: July 9, 2001 Second Reading: Published: 0 21 SCOTT J. LUND, MAYOR City of Fridley Land Use Application ZTA-01-01 May 16, 2001 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Daklxonics, Inc. 331 32"d Ave. Brookings, SD 57006 Requested Action: Zoning Text Amendment Purpose: To allow automatic changeable signs displaying more than time, temperature, & date to change messages more than once � every 15 minutes. Location: All commercial & industrial districts. Zoning Ordinance Conformance: Section 214.07.1.B, regarding automatic changeable signs, states; "The message shall not change more than once every 1 S minutes except for a sign displaying time, temperatur•e and/or dat�'. Sign Code History: Updated in 1988, with involvement from sign contractors & the business community Appeals Commission & City Council denied variances to this section of the sign code in. SUMMARY OF PROJECT Daktronics, Inc., petitioner, is requesting a zoning text amendment to remove the City's requirement that automatic changeable signs not change messages more than once every 15 minutes. 22 SUMMARY OF ANALYSIS City Staff recommends denial of this zoning text amendment. • Petitioner has failed to provide any reasoning to justify this change to the sign code. Does not appear to be community wide support for this text amendment. The quick changing messages seen on electronic reader boazds in other communities may be detrimental to the public safety. It is not uncommon for a driver's eyes to be drawn to the changing messages on these signs. Appeals Commission & City Council have denied requests for variances to this code section (as recently as February 2001). CITY COUNCIL ACTION June 4, 2001 60 DAY DATE June 12, 2001 Staff Report Prepared by: Paul Bolin ZTA-OI-01 REQUEST Daktronics, Inc., petitioner and manufacturer of electronic signs, is requesting a zoning text amendment to remove the City's requirement that automatic changeable signs not change messages more than once every 15 minutes. CODE REQUIREMENTS Section 214.07.1.B, regarding automatic changeable signs, states; "The message shall not change more than once every 1 S minutes except for a sign displaying time, temperature and/or date". SIGN CODE ffiSTORY The City of Fridley Sign Code has undergone minor modifications since the last major revision of the Code in 1976. During the last major revision, a committee consisting of City of�cials, sign company representatives and the local Chamber of Commerce worked as a team to develop an effective sign code. The committee that camed out this major revision developed an ordinance that has been so effective, that only minor changes to correct "typo's" or to clarify points have been made over the past 25 years. The section of the code, which the petitioner is proposing the City delete, was reviewed in 1984 and 1988 when minor changes were made to the sign ordinance. ANALYSIS Petitioner has failed to provide any reasoning or supporting materials to justify this proposed change to the sign code. The petitioner's supplement to the City's applicarion sheet simply states, "Petitioner reqa�ests that paragraph B a�nder code 214.07 be eliminated ". There dces not appear to be community wide support for the proposed zoning text amendment. This request did not come to the City through the Chamber of-Eommerce or other collection of businesses. Daktronics, Inc. is the of�cial petitioner listed on the application sheet, which was accompanied with a check from, and hand delivered by, Dr. Wayne Dahl. Daktronics, Inc., of Brookings, South Dakota, is a manufacturer of automatic changeable signs and had worked with Dr. Dahl on his unsuccessful request for a variance to this code section this past February. This request seeks to obtain a readerboard that changes at the frequency the petitioner desires. The Appeals Commission and City Council both unaiumously denied this same petitioners variance request to this code section in February, 2001. Denied due to a lack of hardship, both the Appeals Commission and Council mentioned concerns about safety and visual clutter. The quick changing messages seen on electronic reader boards in other communities may be detrimental to the public safety. It is not uncommon for a driver's eyes to be drawn to the changing messages on these signs. If a portion of the message is not caught by the driver, often they will be trying to catch the 23 remainder of the message in their rear view mirror as they drive past the message center. This is a threat to public safety. RECOMMENDATIONS City Staff recommends denial of this zoning text amendment request. • Petitioner has failed to provide any reasoning to justify this change to the sign code. • The quick changing messages seen on electronic reader boazds in other communities may be detrimental to the public safety. It is not uncommon for a driver's eyes to be drawn to the changing messages on these signs. • Appeals Commission & City Council have denied requests for variances to this code section (as - recently as February 2001). 24 � AGENDA ITEM � CITY COUNCIL MEETING OF JULY 9, 2001 QTY OF FRIDLEY Date: 7/3/O1 � To: William Burns, City Manager N"` Gl� From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stephanie Hanson, Planner RE: Public Hearing for ZTA #O 1-02 M-O 1-82 INTRODUCTION City Staff is requesting a zoning text amendment that will update accessible parking requirements in order to comply with the Americans with Disabilities Act (ADA) requirements as listed in Minnesota Rules, Chapter 1341. SUMMARY Fridley City Code 205 currently requires one (1) accessible stall for each fifty (50) ---spaces. Recent changes to Minnesota Rules, Ch.1341 requires one (1) accessible stall for every one (1) to twenty-five (25) parking spaces. Updating the City's ordinance will ensure consistency with ADA and Chapter 1341 requirements. PLANNING COMMISSION ACTION At the June 20, 2001 Planning Commission meeting, a public hearing was held for ZTA 01-02. After reviewing the staff report and hearing from City Staff, a motion was made to recommend the approval of the proposed zoning text amendment. The motion passed unanimously. Planning Commission had two questions. First, do other cities have similar zoning text amendments and second, do existing businesses have to add accessible parking to comply with the ordinance? 25 Other cities, surveyed by City Staff, have amended the ordinances to comply with Minnesota Rules, Chapter 1341. The amended ordinance is not retroactive. However, it will be applied to new businesses and existing businesses that are expanding their parking facilities. PLANNING STAFF RECOMMENDATION City Staff recommends the public hearing for ZTA 01-02. City Staff further recommends concurrence with the Planning Commission in approval of ZTA 01-02. 26 COMMUNITY DEVELOPMENT � DEPARTMENT PLANNING DIVISION Memorandum DATE: June 20, 2001 TO: William Burns, City Manager FROM: Scott Hickok, Community Development Director � Paul Bolin, Pianning Coordinator Stephanie Hanson, Planner SUBJECT: Proposed Zoning Text Amendment to be updated and amended to compiy with Minnesota Rules, Chapter 1341 Introduction City staff is requesting consideration of a text amendment to the City Zoning code that will update accessible parking requirements in order to comply with the American with Disabilities Act (ADA) requirements as listed in the Minnesota Rules, Chapter 1341. This change will be applied to all zoning districts and a modification will need to be made to section 205.03.57, Definitions. -- — Background In 1990, the Americans with Disabilities Act (ADA) was signed into law to address the issue of discrimination against people with disabilities. This law is intended to make American society more accessible to people with disabilities. Minnesota Rules have undergone changes in the past years. Fridley's ordinance pertaining to accessible parking does not reflect these changes made to Minnesota Rules as it was last updated in 1988. 27 Why the Changes? The changing of the code will update and ensure the City's parking requirements are meeting the needs of people with disabilities and are consistent with ADA's requirements pertaining to accessible parking. Recommendations Staff recommends the approval of the proposed zoning text amendment to ensure the City of Fridley's parking requirements are consistent with the Minnesota Rules, Chapter 1314. Staff also recommends the approval of the changes to 205.03.57, Definitions. Attached is a ltst of the proposed text amendments and Minnesota Rules, Chapter 1341.0403. � Minnesota Rules, Chapter 1341.0403 1341.0403 ADAAG 4.1.2: ACCESSIBLE SITES AND EXTERIOR FACILITIES; NF3W CONSTRUCTION. An accessible site shall meet the following minimum requirements in items A to G. A. ADAAG 4.1.2(1): At least one accessible route complying with part 1341.0422 shall be provided within the boundary of the site from public transportation stops, accessible parking spaces, passenger loading zones if provided, _and public streets or sidewalks to an accessible building entrance. The accessible route shall be the shortest, most direct route possible whenever feasible. This requirement may increase the number of accessible entrances required by part 1341.0405, item H. B. ADAAG 4.1.2(2): At least one accessible route complying with part 1341.0422 shall connect accessible buildings, accessible facilities, accessible elements, and accessible spaces that are on the same site. C. ADAAG 4.1.2(3): All objects that protrude from surfaces or posts into circulation paths shall comply with part 1341.0424. D. ADAAG 4.1.2(4): Groun3 surfaces along accessible routes and in accessible spaces shall comply with part 1341.0426. E. (1) ADAAG 4.1.2(5)(a): If parking spaces are provided for self-parking, then accessible spaces complying with part 1341.0428 shall be provided in each parking area in conformance with the table in this subitem. The number of accessible spaces shall be based on the total number of parking spaces provided within the site. -- — EXCEPTION: Two percent of the total number of parking spaces in covered multifamily housing developments shall be accessible. Spaces required by the table in this subitem need not be provided in the particular lot but shall be dispersed among the various accessible entrances and in the various types of parking facilities, such as surface and enclosed parking areas. They may be provided in a different location if equivalent or greater accessibility, in terms of distance from an accessible entrance, parking fee, and convenience, is ensured. Total Parking Required Minimum Number in Lot of Accessible Spaces 1 to 25 1 26 to 50 2 51 to 75 3 76 to 100 4 101 to 150 5 r-r-' 151 to 200 6 201 to 300 7 301 to 400 8 401 to 500 9 501 to 1,000 2 percent of total 1,001 and over 20 plus 1 for each 100 over 1,000 Except as provided in subitem (2), access aisles adjacent _ to accessible spaces shall be a minimum of 60 inches (1,525 mm) wide. (2) ADAAG 4.1.2(5)(b): One in every eight -accessible spaces, but not less than one, shall be served by an access aisle a minimum of 96 inches (2,440 mm) wide and shall be designated "van accessible" as required by part 1341.0428, subpart 4. The vertical clearance at the spaces shall comply with part 1341.0428, subpart 5. All the spaces may be grouped on one level of a parking structure. EXCEPTION: In lieu of a combination of standard accessible and van accessible parking spaces, all required accessible spaces may be provided measuring 132 inches (3,350 mm) wide with a 60-inch (1,525-mm) access aisle. (3) ADAAG 4.1.2(5)(c): If passenger loading zones are provided, then at least one passenger loading zone shall comply with part 1341.0428, subpart 6. (4) ADAAG 4.1.2(5)(d): At facilities providing medica' care or other services for persons with mobilitl. impairments, parking spaces complying with part 1341.0428 shall be provided as follows: (a) ADAAG 4.1.2(5)(d)(i): hospital outpatient units and similar facilities, ten percent of the total number of parking spaces provided serving each outpatient unit or facility; (b) ADAAG 4.1.2(5)(d)(ii): units and facilities that specialize in treatment or services for persons with mobility impairments, 20 percent of the total number of parking spaces provided serving each unit or facil'ity; and (c) ADAAG 4.1.2(5)(d)(iii): facilities providing general or routine medical care shall provide parking * spaces according to subitem (1). If a parking facility serves various types of inedical care units, the accessible parking spaces required may be provided on a prorated basis in relation to the type of inedical care units available. For example, if a medical care facility provides 90 percent routine medical care and ten percent outpatient rehabilitation services for persons with mobility impairments, 90 percent of the parking facility would provide accessible parking according to subitem (1), and the remaining ten percent of the parking facility would provide accessible parking at 20 30 percent according to unit (b). (5) ADAAG 4.1.2(5)(e)q Valet parking facilities shall provide a passenger loading zone complying with part 1341.0428, subpart 6, located on an accessible route to the entrance of the facility. Subitems (1), (2), and (4) do not apply to valet parking facilities. F. ADAAG 4.1.2(6): If toilet facilities are provided on a site, then each public or common use toilet facility shall comply with part 1341.0460. If bathing facilities are provided on a site, then each public or common use bathing facility shall comply with part 1341.0462. For single user portable toilet or bathing units clustered at a single location, at least five percent but no less than one toilet unit or bathing unit complying with part 1341.0460 or 1341.0462 shall be installed at each cluster when typical inaccessible units are provided. Accessible units shall be identified by the International Symbol of Accessibility in Figure 43 in part 1341.0476. EXCEPTION: Portable toilet units at construction sites used exclusively by construction personnel are not required to comply with this item. G. ADAAG 4.1.2(7): Signs that designate toilet rooms, room numbers, room names such as named conference rooms, and exit stairways shall comply with part 1341.0476, subparts 1, 4, 5, and 6. Other signs that provide direction to, or information about, runctional spaces of the building shall comply with part 1341.0476, subparts 1, 2, 3, and 5. Elements and spaces of accessible facilities that shall be identified by the International Symbol of Accessibility in Figure 43 in part 1341.0476 and that shall comply with part 1341.0476, subpart 7, are: (1) ADAAG 4.1.2(7)(a): parking spaces designated as reserved for individuals with disabilities; (2) ADAAG 4.1.2(7)(b): accessible passenger loading zones; (3) ADAAG 4.1.2(7)(c): accessible entrances when not all are accessible (inaccessible entrances shall have directional signage to indicate the route to the nearest accessible entrance); and (4) ADAAG 4.1.2(7)(d): accessible toilet and bathing facilities. STAT AUTH: MS s 16B.59 to 16B.75 HIST: 23 SR 2042 Current as of O1/OS/O1 31 ORDINANCE NO. AN ORDINANCE AMENDING SEC'TIONS 205.03.57, 205.09.05, 205.13.05, 205.14.05, 205.15.05, 205.16.05, 205.17.05, 205.18.05, 205.19.06, AND 205.25.08 OF THE FRIDLEY CITY CODE PERTAINING TO ACCESSIBLE PARKING The City Council of the City of Fridley hereby finds, after review, examination and recommendation of staff, that current Chapter 205, Zoning, of Fridley Ciry Code, pertaining handicap parking be updated and amended to reflect the changes made in Minnesota Rules Chapter 1341, to accessible parking spaces and herby ordains the following: Section 1 Section 205.03.57 is hereby amended as follows: 205.03. Definitions (57). Parking Stall, �� Accessible . , . Accessible parking snaces will be vrovided in accordance with Minnesota Rules, Chapter 1341. Section 2 Section 205.09. R-3 GENERAL MULTIPLE DWELLING DISTRICT REGULATIONS is hereby amended as follows: 205.09.05 PARKING REQUIREMENTS C. Parking Ratio. (3) . Acce_ssible parkin� spaces will be provided in accordance with Minnesota Rules, Chapter 1341. 32 Section 3 Section 205.13. C-1 LOCAL BUSINESS DISTRICT REGULATIONS is hereby amended as follows: 205.13.05 PARKING REQUIREMENTS C. Parking Ratio. (2\ n� � + !1� t, a• F�' +.. e.......1�:.,,. � �t,.,tt l,o .. ,:ao,l � � e..,.t, �F+.. � / -��n` �-��°� �� -��:^� �'�°�°^� Accessible parkin� spaces will be provided in accordance with Minnesota Rules, Chapter 1341. Section 4 Section 205.14. C-2 GENERAL BUSINESS DISTRICT REGULATIONS is hereby amended as follows: 205.14.05 PARKING REQUIREMENTS C. Parking Ratio. !21 n � 1 � �� 1, a' �� «,.se* ...,.-lr;,,,. � �1,�tt 1.e .. .:,tea F .. ..,.1. ��... � J � . Accessible parkin� spaces will be provided in accordance with Minnesota Rules, Chauter 1341. Section 5 Section 205.15. C-3 GENERAL SHOPPING CENTER DISTRICT REGULATIONS is hereby amended as follows: 205.15.05 PARKING. REQUIREMENTS C. Parking Ratio. �2� �* � * �,�,, a• �� *,. � ��,.,�� .a,,..,,.,;aoa � .. .,,.�. �:�.. � . Accessible parkin� spaces will be provided in accordance with Minnesota Rules, Chanter 1341. Section 6 Section 205.16. CR-1 GENERAL OFFICE DISTRICT REGULATIONS is hereby amended as follows: 205.16.05 PARKING REQUIREMENTS 33 C. Parking Ratio. �2) . Accessible parkin� spaces will be provided in accordance with Minnesota Rules, Chapter 1341. Section 7 Section 205.17. M-1 LIGHT INDUSTRIAL DISTRICT REGULATIONS is hereby amended as follows: 205.17.05 PARKING REQUIREMENTS C. Parking Ratio. �g) . Accessible parkin� spaces will be provided in accordance with Minnesota Rules, Chapter 1341. Section 8 Section 205.18. M-2 HEAVY INDUSTRIAL DISTRICT REGULATIONS is hereby amended as follows: 205.18.05 PARKING REQUIREMENTS C. Parking Ratio. �g� n « io..�* ,, o ii � t�.,.,a:,..... ,.� �«..00+ ...,,.v;,,,, � �t,.,tt t,o ,,,.��,;aoa � .. .,,.t, ��'+., «m .,...,,.o� ,,,. �..,,.«;,,,, *�,o,.o„�. Accessible parkin� spaces will be urovided in accordance with Minnesota Rules, Chapter 1341. Section 9 Section 205.19. M-3 HEAVY INDUSTRIAL, OUTDOOR INTENSIVE DISTRICT REGULATIONS is hereby amended as follows: 205.19.06 PARKING REQiJIREMENTS C. Parking ratio. �g� n+ to„�+ ,,.,o ii � t,,,.,a;,,.,., „�� *,-eo* .,.,,.v;..,. �,,.,,.o �t,.,tt :.e ....,..>:�o„_f�r_. o��ttf'.�+., . Accessible parking snaces will be provided in accordance with Minnesota Rules, Chapter 1341. 34 � Section 10 Section 205.25. S-3 HEAVY INDUSTRIAL, ONAWAY ADDITION DISTRICT REGULATIONS is hereby amended as follows: 205.25.08 PARKING REQUIREMENTS ' C. Parking Ratio. (81 A F 1 + e /1 \ 1..,...i:...,.. ,.F� .,�..00+ .,.,�L;.,.. � �1,.,11_l,a .. .:,7e.7 F « .,..1,_��, \ 1 . Accessible parkin� spaces will be nrovided in accordance with Minnesota Rules, Chapter 1341. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 2001. ATTEST: DEBRA A. SKOGEN — CITY CLERK � 0 35 SCOTT J. LUND — MAYOR � qTY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF JULY 9, 2001 Date: 7/3/01 /�% � �o To: William Burns, City Manage� From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Bulthuis, Planner RE: First reading of ZTA #01-01 M-01-80 INTRODUCTION Daktronics, Inc., petitioner and manufacturer of electronic signs, is requesting a zoning text amendment to remove the City's requirement that automatic changeable signs not change messages more than once every 15 minutes. PLANNING COMMISSION ACTION At the May 6, 2001, Planning Commission meeting, a public hearing was held for ZTA 01-01. After reviewing the staff report and hearing from the petitioners, a motion was made to recommend denial of the proposed zoning text amendment. The motion passed unanimously. PLANNING STAFF RECOMMENDATION City Staff recommends that the City Council deny the approval of ZTA #01-01. 36 0 ORDINANCE NO. AN ORDINANCE TO AMEND CHAPTER 214, SIGNS, OF THE FRIDLEY CITY CODE PERTAINING TO AUTOMATIC CHANGEABLE SIGNS � THE CITY COUNCIL OF THE CITY OF FRIDLEY DOES ORDAIN AS FO�LOWS: Section 1 Section 214, SIGNS is hereby amended by deleting the following language: SECTION 214, SIGNS 214.07. SIGNS PERMITTED WITH A SPECIAL USE PERMIT , � • PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS _TH DAY OF , 2001. ATTEST: DEBRA A. SKOGEN, CITY CLERK Public Hearing: July 9, 2001 First Reading: July 9, 2001 Second Reading: Published: � 37 SCOTT J. LUND, MAYOR ,a:�,.��_. � AGENDA ITEM � CITY COUNCIL MEETING OF JULY 9, 2001 GTY OF FRIDLEY Date: 7/3/O 1 To: William Burns, City Manager �� t� From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stephanie Hanson, Planner RE: First Reading for ZTA #O1-02 M-01-81 INTRODUCTION City Staff is requesting a zoning text amendment that will update accessible pazking requirements in order to comply with the Americans with Disabilities Act (ADA) requirements as listed in Minnesota Rules, Chapter 1341. SUMMARY Fridley City Code 205 currently requires one (1) accessible stall for each fifty (50) spaces. Recent changes to Minnesota Rules, Ch.1341 requires one (1) accessible stall for __ _ every one (1) to twenty-five (25) parking spaces. Updating the City's ordinance will ensure consistency with ADA and Chapter 1341 requirements. PLANNING COMMISSION ACTION At the June 20, 2001 Planning Commission meeting, a public hearing was held for ZTA 01-02. After reviewing the staff report and hearing from City Staff, a motion was made to recommend the approval of the proposed zoning text amendment. The motion passed unanimously. Planning Commission had two questions. First, do other cities have similar zoning text amendments and second, do existing businesses have to add accessible parking to comply with the ordinance? : Other cities, surveyed by City Staff, have amended the ordinances to comply with Minnesota Rules, Chapter 1341. The amended ordinance is not retroactive. However, it will be applied to new businesses and existing businesses that are expanding their parking facilities. PLANNING STAFF RECOMMENDATION City Staff recommends the public hearing for ZTA 01-02. City Staff further recommends concurrence with the Planning Commission in approval of ZTA 01-02. 39 ORDINANCE NO. AN ORDINANCE AMENDING SECTIONS 205.03.57, 205.09.05, 205.13.05, 205.14.05, 205.15.05, 205.16.05, 205.17.05, 205.18.05, 205.19.06, AND 205.25.08 OF THE FRIDLEY CITY CODE PERTAIlYING TO ACCESSIBLE PARKING The City Council of the City of Fridley hereby finds, after review, examination and recommendation of staff, that current Chapter 205, Zoning, of Fridley City Code, pertaining handicap parking be updated and amended to reflect the changes made in Minnesota Rules Chapter 1341, to accessible parking spaces and herby ordains the following: Section 1 Section 205.03.57 is hereby amended as follows: 205.03. Definitions (57). Parking Stall, �sa� Accessible n., t i� �� F„« <.;ao �... �.<,o.,h, i�m f �ti 1,,.,,. „., *„ �*,,,.e „ o r� �,,,,*,,.,,,.w:ia . . � . . , $��es. �xn, ,,..�,:..,. �*,.ii ..�.,,*� ., ,r�, „ _�;��..,iv «�.o io,,,.�.w ... . �.e � . Accessible parking spaces will be provided in accordance with Minnesota Rules, Chapter 1341. Section 2 Section 205.09. R-3 GENERAL MULTIPLE DWELLING DISTRICT REGULATIONS is hereby amended as follows: 205.09.05 PARKING REQUIREMENTS C. Parking Ratio. �3� u a• v:..,. � .:ii t,o ., ,;aaa .��t.,i..,:��,oa ;.. -r..�.io cc n„��,o . Accessible parkin� suaces will be provided in accordance with Minnesota Rules, Chanter 1341. I.�j� . Section 3 Section 205.13. C-1 LOCAL BUSINESS DISTRICT REGULATIONS is hereby amended as follows: 205.13.05 PARKING REQUIREMENTS C. Parking Ratio. �2) -�cm �,.,,,.o� ,,,. �..,,.�;,,., +�,o..o„� Accessible parkin� spaces will be provided in accordance with Minnesota Rules, Chapter 1341. Section 4 Section 205.14. C-2 GENERAL BUSINESS DISTRICT REGULATIONS is hereby amended as follows: 205.14.05 PARKING REQUIREMENTS C. Parking Ratio. �2� �+ i * i,� i, ,�• �c � e«..,,..v:.,,. � ��,.,�� .a,...,..,;aoa � ,. .,,.�, ��., r�m �..,,,.e� ,... �...,.+;,,.. +�a,-e„� Accessible parkin� spaces will be nrovided in accordance with Minnesota Rules, Chavter 1341. Section 5 Section 205.15. C-3 GENERAL SHOPPING CENTER DISTRICT REGULATIONS is hereby amended as follows: 205.15.05 PARKING REQUIREMENTS C. Parking Ratio. �2� n« i * ri� �, a• �� +.. + i.:,,,, � ��,.,» t,�....,...;aea �.. .,<.�, c;�. --� r�m �...,,.o� ,,,. �..,,.+;,,,, ��,o,.o„� Accessible parkin� spaces will be provided in accordance with Minnesota Rules, Chapter 1341. Section 6 Section 205.16. CR-1 GENERAL OFFICE DISTRICT REGULATIONS is hereby amended as follows: 205.16.05 PARKING REQUIREMENTS 41 � _ _ ��.:.� C. Parking Rario. �2) �cm ..,,.,,.o� ,,,. a..,,.*;,,,, ,.i,e�o„� Accessible parkin� spaces will be urovided in accordance with Minnesota Rules, Chanter 1341. Section 7 Section 205.17. M-1 LIGHT INDUSTRIAL DISTRICT REGULATIONS is hereby amended as follows: 205.17.05 PARKING REQUIREMENTS C. Parking Ratio. �g� n « ie.,�* ,, o i� � �.....a:,...,, ,.�x ��..ao. ,,.,.-v:.,,. � o �t,.,n t,e ., ,;aea � ,. .,,.t, �c+.. rcm �.,.,,.a� ,,,. �..,,.*:,,,. *�.e,.o�� Accessible varkin� spaces will be provided in accordance with Minnesota Rules, Chapter 1341. Section 8 Section 205.18. M-2 HEAVY INDUSTRIAL DISTRICT REGULATIONS is hereby amended as follows: 205.18.05 PARKING REQUIREMENTS C. Parking Ratio. �g� n * to.,�. „ e ii � t�,,,.a:,...,, „�� +,.00« ,..,,-i�;,,,. � �t,.,ti �.o «. .;aoa � ,. .,�t, a�+., . Accessible uarkin� spaces will be provided in accordance with Minnesota Rules, Chapter 134 L �---- Section 9 Section 205.19. M-3 HEAVY INDUSTRIAL, OUTDOOR INTENSIVE DISTRICT REGULATIONS is hereby amended as follows: 205.19.06 PARKING REQiJIREMENTS C. Parking ratio. fg\ n� �o.,�� „ o ii � t,.,.,a;,..,., „F� ��,-ao+ ...,.-v;.,,. � �t,.,n ]�,a,,,-,..�;do,�1_f ,. o.,,.l, ��'+.. l J . Accessible narkin� spaces will be provided in accordance with Minnesota Rules, Chapter 1341. 42 Section 10 Section 205.25. S-3 HEAVY INDUSTRIAL, ONAWAY ADDITION DISTRICT REGULATIONS is hereby amended as follows: � r , 205.25.08 PARKING REQiJIREMENTS ' � C. Parking Ratio. � �g� �_+_ta.,�* „ o i�� t,.,«a:,.,,.. �cc.,...ee« ...,..v;,,,. � e ��..,it t,o „ ,:ao,t � r .,,.t, �r+., . Accessible parkin� spaces will be provided in accordance with Minnesota Rules, Chanter 1341. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 2001. ATTEST: DEBRA A. SKOGEN — CITY CLERK 43 SCOTT J. LUND — MAYOR r ❑ ■ � AGENDA ITEM ` CITY COUNCIL MEETING OF JULY 9, 2001 CfTY OF fRIDLEY DATE: June 21, 2001 QJ �I TO: William W. Burns, City Manager�� FROM: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Bulthuis, Planner RE: Preliminary Plat Request, PS #01-03, Nedegaard Construction Co. M-01-78 INTRODUCTION Nedegaard Construction is seeking to replat the property located at 5353 Fillmore Street into 4 single-family lots. PLANNING COMMISSION RECOMMENDATION At the June 20, 2001, Planning Commission meeting, a public hearing was held for PS #01-03. After a brief discussion, the Planning Commission recommended approval of plat request, PS #01-03, with the stipulations as presented. - — THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMENDATION City Staff recommends concurrence with the Planning Commission. STIPULATIONS 1. Petitioner shall obtain all necessary building permits prior to construction. 2. Any remaining debris from demolition of existing home and any outdoor storage on site shall be removed prior to granting of final plat. 3. Regular maintenance of the site to be done by the Developer until the homes are built. 4. Grading and drainage plan to be approved by City's Engineering staff prior to the issuance of any building permits, in order to minimize impacts to the surrounding properties. .. a . � � CfTY OF PRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF JULY 9, 2001 DATE: July 1, 2001 TO: Wiiliam W. Burns, Cit Mana er �'V� Y 9 �� FROM: Julianne Tostenson, Planning Secretary SUBJECT: Attachment for the July 9, 2001, Council Meeting Enclosed is the following attachment for the July 9, City Council meeting. 1. Preliminary Plat, PS #01-03, by Nedegaard Construction Co., to divide the property into four single family lots, generally located at 5353 Fillmore Street. Enclosure � � SKYWOOD LANE _ _ _ _ _�� -,��15 -T JC TlC sKYwoo. PLA T & UTIL/TY PLAN . ► � i i! ------------ ----- ; � � I ; nar ; � e . e SKriVOOD UNE ' . : - _ I j _ ... .,�_� , .,� � . -- i �- ;�_ _ _ _ � , ! i--�- .._ :�.---T—:� . _ ' �. � � -- n�'�isi-; r.9.z� - — — — — — — — I ; � �. n..ai,a.�. . i �•-- q� �� - v - ' - - - I�SfAl1. M7� �f1� ' _� tor � acr � I . /CT �1<LT 10 L Y� M� IOI J� . _ _ l a aw ne+rae �o : c�o ra► :or , _ _. � I � � � � �. »� �v (n �eb I ,I �I � �', � � ��' . � I. .I � , J.�idr ia.•r. , , � ROt9 s4/t _ , � _ � ' � _ J �.�� ; i y p � ' W I� � � I I N N G i �'. �I — _ _ _ �' __. _ _ —_' ` —' . W � �1�~ I — — — — — — -- — — — — — — -- — — -- � � � I W � Q 4 3 '� O �I 2 . � � '�. � � ��. ~ i O 9.717 ap,K 9,0�9 �q.R. � 1 --- --- �{i i I I �n I ' I �°n i -... c.s---� I � — � iar.rt sw�iKr �u I jl • �eMCZS � � vraW u�-- —r- w — — � - -�-� -- ' '\ l-iSK � —' — , ----- � ,' �ES% i5a. _ _— —_'{ ,` _ - _ ° � _ S3RD AVENUE ,. �,, � I ; •-_ _ • — — _ _ _ _= -,� � � �, ; :,.. �� J.... _.s �..-.�. � �.._,r. �_{....—_,..z �._r.�R-4,��,.a�-�.z,�,.,.. � �.,..a .r-- = -_>.__..�-� ow�t �cwav oacsmucnav ca �eu waanc�tF eatu.ev.vao Q7plf RAPDS� W JSUJ AtCi�E: (7K.� 7S% tDa6 �EYpt l�� '�1O1N°'�� IPl49 LNfF PA/� YN16�DTA 351.I1 R/d�E (7Q7) 7a'i-110D � OMM� ! Y7f/n 6t4YD/T w�f 9�o�r 71�I,S .. ___ S'-� Lf i � tO' ------�=----�— 0o a rar r�ox ur�a a�a�s �orw�q .110 AO�OIMP � LO�.MO f.IR !OT ItES MO t0 f8T M�M f/t@ OAQQ lQA7C MD .10,W�C AIQI ror ues �s aw� a ac rut P�'i06ECT l- 1i.'G COMR//EA ARAN'YWi • 27J3aM9 ',i.r..�v soF�a�a�s f7lON/ glBAOR ?V FT. NiRiOP /ld/SE SOE IGO F7. N7l7iGP CARA� 3,C SO R. �,. �« ,» � �� m� siie Desc�I�vn/ .uee� ar Ax�trr - .n.x+� sf . � � �.�. �o,� QJEImI7 2af�C � A-f � LOT LEOEIVD li � � !/ � , ' - �a�-'a� i � � /- ' , -� -_'`�- _ ` ' - - �.vE. _;^_.ve- � �. ,s �.�ct _.;��t�. g.- -`'r „�vev.rN. 5. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 6. During construction, silt fencing shall be used where applicable. 7. Petitioner to pay $1,500 per lot park fee prior to issuance of building permits. 8. Petitioner shall be responsible for installation of sewer and water service connections from property line to existing City utilities. Plan to be approved by City's Engineering department. 9. The petitioner shall agree to preserve mature trees to the extent possible. All trees required to be removed for the homes shall be marked and approved by City staff prior to issuance of building permits. 10. Petitioner shall provide easements as shown on preliminary plat drawing. 11. At British Petroleum's request, petitioner shall agree to not build closer than 25 ft from the centerline of the BP Pipeline on Lots #3 and #4. 12. No soil can be removed from over the BP Pipeline that results in a depth of less than 3 feet. 13. Utilities crossing the BP Pipeline must be located below it and have a minimum clearance of 12 inches between structures. 14. A Development Agreement outlining the Developers obligation to install utilities, etc. will be prepared by the City and shall be signed by the Petitioner, prior to final plat approval. 45 City of Fridley Land Use Application PS 01-03 June 13, 2001 GENERAL I�YFORNIATION Applicant: Bruce Nedegaard 1814 Northdale Blvd. Coon Rapids, NIN 55433 Requested Acrion: Replat of property to create 41ots for single-family home development. Existing Zoning. R-1 Single Family Residential Location: 5353 Fillmore Street Size: 37,500 square feet .86 acres Existing Land Use: Older single family home (to be razed). Surrounding Land Use & Zoning: N: Single family home & R-1 E: Singie family home & R-1 S: Single family home & R-1 W: Single family home & R-1 Comprehensive Plan Conformance: Use of property is consistent with Plan. Zoning Ordinance Conformance: All four proposed lots exceed the City's minimum lot size standard. Zoning History: • 1964 - Lot is platted. • Pre-1949 - Home is built. • 1965 — Addition is put on home. Legal Description of Property: Outlot 1, Hutberg Addirion Council Action: July 9, 2001 Public Utilities: Located near property. Transportation: Homes will be accessed from 53`d Avenue and Skywood Lane. . � SPECIAL INFORMATION Physical Characteristics: Tree covered, relatively level with the exceprion of the southern edge of property. SUIVIMARY OF REQUEST Petitioner is seeking to create 4 separate lots from OutLot 1, Hutberg Addition, in order to construct 4 single-family homes. SUMMARY OF ANALYSIS City Staff recommends approval of this plat request. • Proposed lots exceed the size standards required by the City of Fridley Zoning Code. • Provides additional homeownership opportunities for Fridley residents Existing Home Staff Report Prepared by: Stacy Bulthuis PS #01-03 Analvsis Nedegaard Construction, petitioner, is seeking to replat the property located at 5353 Filimore Street into 4 single-family lots. The existing home was built prior to 1949 and will be removed to accommodate the creation of the 4 single-family lots. Fridley requires that lots in the R-1 district be a minimum of 75' in width with a minimum total lot area of 9,000 square feet. The proposed Lot #1 will be 83 feet in width and 9,687 square feet in size after the replat. The proposed Lots #2 and #4 will be 77 feet in width and 9,049 square feet in size after the replat. The proposed Lot #3 will be 83 feet in width and 9,717 square feet in size after the replat. (Photos: Left, View from North (Skywood Ln) Right, View from West (Fillmore Street).) Staff Recommendation -- -- City Staff recommends approval of this plat request, with stipulations. • Lots exceed minimum size requirements. • Does provide additional homeownership opportunities for Fridley residents. Stipulations City Staff recommend that the following stipulations be placed upon approval of this request. 1. Petitioner shall obtain all necessary permits prior to construction. 2. Any remaining debris from demolition of existing home and any outdoor storage on site shall be removed prior to granting of final plat. 3. Regular maintenance of the site to be done by the Developer until the homes are built. 47 4. Grading and drainage plan to be approved by City's Engineering staff prior to the issuance of any building permits, in order to minimize impacfs to the surrounding properties. 5. Provide proof that any existing wells or individual sewage treatment systems /ocated on the site are properly capped or removed. 6. During construction, silt fencing shall be used where applicable. 7. Petitioner to pay $1, 500 per lot park fees prior to issuance of building permits. 8. Petitioner shall be responsib/e for the installation of sewer and water service connections from property line to existing City utilities. Plan to be approved by City's Engineering department. 9. The petitioner sha/l agree to preserve mature trees to the extent possible. All trees required to be removed for the new homes shall be marked and approved by City staff prior to issuance of building permits. 10. Petitioner shall provide easements as shown on preliminary plat drawing. 11. At British Petroleum's request, petitioner shall agree to not build closer than 25 ft from the centerline of the BP Pipeline on Lots #3 and #4. 12. No soil can be removed from over the BP Pipeline that results in a depth of less than 3 feet. 13. Utilities crossing the BP Pipeline must be located below it and have a minimum clearance of 12 inches between structures. .• � f � � � , � � � '� ' I , J I' I 3 — �I_ — _ _ �— �— SKYWOOD LANE —,. . . . —� . _ _ _I _ — _ —� `, +i'� �i '1 � W 1.� � ! � � , H I � ' i � --' ------ � 1I � I � PLA T & UTILITY PLAN coNS r�uc r�c SKYWOO, ; I � � ; , � ------�-----� � r � . S�rrv000 uNE, ; % �—r � I I I �_ "_ + �— � � smre s I = �� 149.27 � , � � � �� /. � �`,n�sr�e•m• . . , �� — p� — — — — IQI.IIL M� 571111� � tm s aer I I I �7f s�rQS to r� �w tor r�. i _ _ l Q!IN �lYQ fY L t� /O� WI � I � i �� I � � w I I.� �.�' s�+ar +o i I � � I-� � � � � �. �� Y.oB: s4.rt � � �-$O19 aq.R. - t 1'I � i �_�I '�_�I N o � . 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P!#!{ECT /- 2:35 COA4VIER A21 WyMG " Y%+iSdM9 '��v a�a�ca sAV�rr �oc Nhnna � sv� Nte�aae ow�cE sre LtldE1P SF78ACX �ve g�ac 8RE OiE9G�/lGN .uaFw cx r�ovexrr - n.xn sr. 4 PRp�0.�D 9rQF fiY�Y LOTS aieeexr mwe � R-� a sr. rm Fr. so n. ns rr. z� sz bo�UOt.�ci � — "' _ — �i — — _ —� � r _ -a .�—,— � \� ; � � LOT LFaE7VD � � / -currs � ` RGN /�� ''-`E2a;;r � i e 4uEr� i \ � \'/ _ , . . _�'J:Ai _." JRE.�7 ;02!rvE� �5 =t JCx LJl �VUNBEa� �' �or a,�.vrcN-' = AGENDA ITEM CITY COUNCIL MEETING OF °'�`r oF J U LY 9 2001 FRIDLEY ! . 1NFORMAL STAT'US REPORTS , 0 �