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08/13/2001 - 4709OFFICIAL CITY COUNCIL AGENDA CITY COUNCIL MEETING AUGUST 13, 2001 w . �FRIDLEY CITY COIINCIL MEETING unror F�a� ATTENDENCE SHEET Monday, Auq cu�� 13, 2001 7:30 P.M. PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN - ITEM PRINT NAME (CLEARLY) ADDRESS ' NUMBER � � CI'�'Y COUNCIL MEETING OF AUGUST 13, 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, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons �vho 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. PRESENTATIONS: Fridley `49er Days Royalty/Recognition of Diane Hershey Values First Community Circles Program APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of July 13, 2001 ► OLD BUSINESS: 1. Second Reading of an Ordinance Amending Chapter 402 of the Fridley City Code Pertaining to Water and Sewer Administration — Repairs to Connection................................................................................................... 1 - 2 FRIDLEY CITY COUNCIL MEETING OF AUGUST 13, 2001 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: 2. Receive the Planning Commission Meeting Minutes of July 18, 2001 _ ................................................................................. 3 15 3. Resolution to Vacate Easements Found on the Original Heather Hills Addition and the Recreate the Easements on the Heather Hills North 2 Plat, Generally Located at 6201 — 6209 Heather Place N.E. (Ward 2) (Vacation Request, SAV #01-06) ........................................... 16 - 20 4. Resolution Approving a Plat, P.S. #01-02 (Heather Hills North Plat 2), by George Bateson, to Replat Property for the Purpose of Creating Lots to Allow Construction of New Single Family Homes, Generally Located at 6217 Central Avenue N.E. (Ward 2) ................................................................................................ 21 - 23 5. Special Use Permit Request, SP #01-06, by Dwayne and Dawn Myrvold, for a Second Accessory Structure (Garage) for the Purpose of Vehicle Parking and Storage, Generally Located at 554 Janesville Street N.E. (1Nard 3) ............................................................. 24 - 28 . 6. Special Use Permit Request, SP #01-07, by Bob and Frankie Fetrow, for a Second Accessory Structure (Garage) for the Purpose of Storage, Generally Located at 7061 Hickory DriveN.E. (Ward 3) ...................................................................................... 29 - 34 FRIDLEY CITY COUNCIL MEETING OF AUGUST 13, 2001 PAGE 3 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 7. Special Use Permit Request, SP #01-08, by Ray Hatchett, for a Second Accessory Structure (Garage) for the Purpose of Vehicle Parking and Storage, Generally Located at 1313 Hillwind RoadN.E. (Ward 1) ...................................................................................... 35 - 38 8. Resolution Ordering Preliminary Plans, Specifications and Estimates of the Costs Thereof: Edgewater Gardens Neighborhood Project No. ST. 2002 — 1 .............................................................................. 39 - 40 9. Resolution Requesting the Minnesota Department of Transportation to Grant a Variance to Municipal State Aid Rules of Construction Requirements ............................................. 41 - 42 10. Resolution Revoking and Establishing Municipal StateAid Streets ........................................................................................... 43 - 44 11. Resolution in Support of an Application for a Minnesota Lawful Gambling Premise Permit for MN National Guard Youth Camp (Shorewood Restaurant) (Ward 2) .................................................................................... 45 - 46 FRIDLEY CITY COUNCIL MEETING OF AUGUST 13, 2001 PAGE 4 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 12. Appointment — City Empioyees ....................................................................... 47 13. Claims ........................................................................................................... 48 14. Licenses ....................................................................................................... 49 - 51 15. Estimates ....................................................................................................... 52 ADOPTION OF AGENDA. OPEN FORUM, VISITORS: Consideration of items not on Agenda —15 minutes. , ; � � FRIDLEY CITY COUNCIL MEETING OF AUGUST 13. 2001 PAGE 5 PUBLIC HEARINGS: 16. Consideration of an Unsafe Building at 5800 Tennison Drive N.E. (1Nard 2) ............................................................................ 53 - 55 17. Consideration of Utility Project No. 342, Utility Service to Varichak Addition .................................................................... 56 18. Determination of Status of a Small Parcel of Property within the Gateway East Development Plat (Ward 1) ................................................................................ 57 19. Consideration of an Ordinance Amending the Fridley City Code to Repeal Chapter 113, Entitled "Solid Waste Disposal and Recycling -- — Collection" and Adopt a New Chapter 113 ......................................................... 58 - 68 20. Consideration of an Ordinance Amending Chapters 205, 206, and 603 of the Fridley City Code Pertaining to Fire Protection Requirements (Zoning Text Amendment, ZTA#01-04) ....................................................................................................... 69 - 77 FRIDLEY CITY COUNCIL MEETING OF AUGUST 13, 2001 PAGE 6 PUBLIC HEARINGS (CONTINUED): 21. Consideration of an Ordinance Amending Chapter 205 of the Fridley City Code Pertaining to Fraternal Organizations' Special Use Parking in R-3 Districts (Zoning Text Amendment, ZTA #01-03) .................................................................................... 78 - 82 NEW BUSINESS: 22. First Reading of an Ordinance Amending Chapter 205 of the Fridley City Code Pertaining to Fraternal Organizations' Special Use Parking in R-3 Districts (Zoning Text Amendment, ZTA#01-03) ....................................................................................................... 83 - 85 23. Informal Status Reports ..................................................................................... 86 ADJOURN. ��r' ,_ .. �;:,. - , � �a.e � �--�'� " �' - � � FRIDLEY CITY COUNCIL MEETING OF AUGUST 13, 2001 � �� 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, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE. APPROVAL OF PROPOSED CONSENT AGENDA: ' NEW BUSINESS: �� . 4. Resolution Approving a Plat, P.S. #01-02 PRESENTATIONS: (Heather Hills North Plat 2), by George Bateson, to Replat Property for the Purpose of Creating Fridley `49er Days Royalty/Recognition of Diane Hershey Lots to Allow Construction of New Single Family Homes, Generally Located at 6217 Central Avenue N.E. (Ward 2) ............................... 21 - 23 Values First Community Circles Program r. ,� ,,. , .� , � - •, _ . , r <. �_ � f. s.� ...� .•. t' ,, a.., w � -- APPROVAL OF PROPOSED CONSENT AGENDA: � -��J � �� 1 � APPROVAL OF MINUTES: P�� a��-c. � d� �+.e ... ., .�'� { �,�,w,� City Council Meeting of July 13, 2001 �i �1 �..y � �,Fa�4 � �r � � !-,� u �rr�- �,�._ }: � � �`� - � � , �.F � � ! � �� O�.D BUSINESS: �� 1. Second Reading o an Ordinance Amending Chapter 402 of the Fridley City Code Pertaining to Water and Sewer Administration — Repairs to Connection ...................................1 - 2 p rd- (I 5 � NEW BUSINESS: Receive the Planning Commission Meeting Minutes of July 18, 2001 ................ 3-15 Special Use Permit Request, SP #01-06, by Dwayne and Dawn Myrvold, for a Second Accessory Structure (Garage) for the Purpose of Vehicle Parking and Storage, Generally Located at 554 Janesville Street N.E. (Ward 3) 24 - 28 6. Special Use Permit Request, SP #01-07, by Bob and Frankie Fetrow, for a Second Accessory Structure (Garage) for the Purpose of Storage, Generally Located at 7061 Hickory Drive N.E. (Ward 3) ...................... 29 - 34 �'��`� �J ► f-�^� S � f'(��5 7. Special Use Permit Request, SP #01-08, by Ray Hatchett, for a Second Accessory Structure (Garage) for the Purpose of Vehicle Parking and Storage, Generally Located at 1313 Hillwind Road N.E. (Ward 1) ...................... 35 - 38 ,.V � 3. Resolution to Vacate Easements Found on the � Original Heather Hills Addition and the Recreate the Easements on the Heather Hills North 2 Plat, 8. Generally Located at 6201 — 6209 Heather Place N.E. (Ward 2) (Vacation Request, SAV #01-06) ................................. 16 - 20 �L�� vl Resolution Ordering Preliminary Plans, � Specifications and Estimates of the Costs Thereof: Edgewater Gardens Neighborhood Project No. ST. 2002 — 1 .............. 39 - 40 � � � � ... �� FRIDLEY CITY COUNCIL MEETING OF AUGUST 13, 2001 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): �� 9. Resolution Requesting the Minnesota �/ Department of Transportation to Grant a Variance to Municipal State Aid Rules of Construction Requirements ...... 41 - 42 10. Resolution Revoking and Establishing Municipal State Aid Streets ........................... 43 — �p.�'o'� 11 12 Resolution in Support of an Application for a Minnesota Lawful Gambling Premise Permit for MN National Guard Youth Camp (Shorewood Restaurant) (Ward 2) .................... 45 - 46 ��t �cc� � �..��" _ �.._� -�-� C" ,�` c�)� �,.6� � � � J r� t7 � { �' '�t, �f (j r r �� x,ti;."�°` Appointment — City Employees ...... 47 13. Claims 14. Licenses 15. Estimates ...................................... 48 .................................... 49 - 51 .......................... 52 ADOPTION OF AGENDA. �-�1� OPEN FORUM,iVISITORS: Consideration of items not on Agenda —15 minutes. �� ,� %-.�.iE"Y.��`��a , .,,`:) t;x,r' :. (�' 4, L'� - �- c�', PUBLIC HEARINGS: � 16. Consideration of an Unsafe Building at 5800 Tennison Drive N.E. (Ward 2) ............ 53 - 55 �'6 J P-� �!t �' 8�,� 1�.+�1►�..� C� .�.t , .��.....�.._ �� ► , 'i � �,�,--�- 1 � � � � �,a� � ��'� �.�"��j- 17 18. Consideration of Utility Project No. 342, Utility ervice to Varichak Addition ... 56 �k,�. , �� , � � �� ,� �. ��- ,,� �: ,� �_ � � € ,�e ��m ��' t � �� 1'� �? ��" `�� ...,._c a ►�,,.,�...� . � � Determination of Status of a Small Parcel of Property within the Gateway East Development Plat (Ward 1) ................ 57 �� f� � � �� c � � �� `�� % � 19. Consideration of an Ordinance Amending the Fridley City Code to Repeal Chapter 113, Entitled "Solid Waste Disposal and Recycling Collection" and Adopt a New Chapter 113 .................................... 58 - 68 �i,�--'�--�" Y�,t,�0,5 a C.•Y�.� � � Y' �(� / �.. �, . ,.. � , �� ,� �,.�, �-M' ' � �'` � � t� �! ``' � C. � lj ``��. �� FRIDLEY CITY COUNCIL MEETING OF AUGUST 13, 2001 PAGE 3 PUBLIC HEARINGS (CONTINUED): 20. Consideration of an Ordinance Amending Chapters 205, 206, and 603 of the Fridley City Code Pertaining to Fire Protection Requirements (Zoning Text Amendment, ZTA #01-04) .................................. 69 - 77 �'� � ��. c�..� G �a-��..,��, �) ,' � � ��'�� :�� ,� ✓� � � � �� ? �� ,� � 1 �.�,.* .... - j f- _- ' 21. Consideration of an Ordinance Amending Chapter 205 of the Fridley City Code Pertaining to Frate�nal Organizations' Special Use Parking in R-3 Districts (Zoning Text Amendment, ZTA #01-03) .................... 78 - 82 ��t ��, � �� i � , `', �" � �, �. i �' '� � �� . ` i:;r� �: ��-�- � �� j � � � I'� � s�'�..� �h, � � �f��'�-- NEW BUSINESS: 22. First Reading of an Ordinance Amending Chapter 205 of the Fridley City Code Pertaining to Fraternal Organizations' Special Use Parking in R-3 Districts (Zoning Text Amendment, ZTA #01-03) .................................. 83 - 85 ��` �� . (�51� �� °�,�;�= �;.� ��a�v�-.��, , n �@ � � ` �z p 1 �-i (�.�. �l �..�� .�_� � c ;,�� t'�,�'�."— — .� 23. Informal Status Reports ..................... 86 ��,, �,e .��: �� i �'��`t• � f�� ;��'g:� ) 6'�'l�� ' �� , , „� � � `��', �� ! � �.� ��' � �. ��'�_ �'- � ; ADJOURN. i � _" i`� _ P` �� , ��, � �� `��; � � � � ��-�� THE MINUTES OF THE FRIDLEY CITY COUNCIL MEETING OF JULY 23, 2001 THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF JULY 23, 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: Mayar Lund, Councilmember Barnette, Councilmember Bolkcom, Councilmember Billings, Councilmember Wolfe. MEMBERS ABSENT: None. LEGISLATIVE UPDATE: Senator pon Betzold discussed some of the bills that were presented during the legislative session. He indicated that tax increment financing will be harder to obtain. He thought Fridley may be exempt from some of the problems with the tax levy issues that may have resulted from the new Charter language. Representative Connie Bernardy discussed property tax relief and education reform. She stated that the Springbrook Nature Center would probably receive some funding in the fall. Mayor Lund asked if there is a new form of redevelopment tool. Senator Betzold stated that right now, he did not know. Representative Bernardy stated that hopefully, tax relief would e�end to renters in the future. Mr. Burns stated that he felt the City's legislative delegation was very responsive and he thanked them for working with Fridley. Representative Barbara Goodwin stated that it would take a long time to see the effects of the changes in the tax system. She appreciates the work that Council did with them during the session. They are happy that people are getting rebates and reduced property taxes but not happy that education is not getting the same attention. Senator Satveer Chaundhary discussed commuter rail funding. He said they obtained some technology grant dollars for the Columbia Heights School District that also serves some Fridley residents. He said they were also able to pass some legislation pertaining to child pornography which will make it easier for police to get search warrants for suspects. FRIDLEY CITY COUNCIL MEETING OF JULY 23, 2001 PAGE 2 Mayor Lund thanked Senator Chaudhary for his efforts. He asked if there had been any discussion on a possible new tool for redevelopment since the main one had been virtually eliminated. Senator Chaudhary stated that he was open to suggestions. APPROVAL OF PROPOSED CONSENT AGENDA: Councilmember Wolfe stated that he would like Item Nos. 6 and 7 removed for discussion. Councilmember Bolkcom stated that she would like Item No. 9 removed for clarification. Councilmember Barnette stated that he would like to remove Item No. 8 for discussion. MOTION by Councilmember Wolfe to approve the proposed consent agenda with Item Nos. 6, 7, 8, and 9 placed after Item No. 15. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES: City Council Meeting of July 9, 2001. APPROVED. OLD BUSINESS: 1. ORDINANCE NO. 1153 AMENDING SECTION 6.06, CONTRACTS, HOW LET, AND CHAPTER 8, PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS OF THE FRIDLEY CITY CHARTER: Mr. Burns, City Manager, stated that this ordinance changes t�e requirements for public bidding in a manner that agrees with State law. It also changes the majority needed for approval of an assessment project. The proposed majority is four out of five Council members. ADOPTED ORDINANCE NO. 1153. 2. ORDINANCE NO. 1154 AMENDING CHAPTER 11 OF THE FRIDLEY CITY CODE PERTAINING TO RESIDENTIAL RENTAL PROPERTY LICENSE FEES: Mr. Burns, City Manager, stated that this ordinance raises rental licensing fees by ten percent (10%). The new fees are effective for licenses that expire on August 31 of this year. These fees have not been raised since 1994. Staff recommended Council's approval. FRIDLEY CITY COUNCIL MEETING OF JULY 23, 2001 PAGE 3 ADOPTED ORDINANCE N0.1154. 3. ORDINANCE NO. 1155 AMENDING SECTIONS OF THE FRIDLEY CITY CODE PERTAINING TO ACCESSIBLE PARKING (Z01�1ING TEXT AMENDMENT, ZTA #01-02, BY THE CITY OF FRIDLE�: Mr. Burns, City Manager, stated that this pertains to parking for the handicapped. This ordinance adopts Chapter 1341 of the Minnesota Rules by reference. Current law requires one stall for every 50 spaces. The new change will require one stall for every 25 spaces. Staff recommended Council's approval. ADOPTED ORDINANCE NO. 1155. NEW BUSINESS: 4. ESTABLISH A PUBLIC HEARING FOR AUGUST 13, 2001, TO CONSIDER OFFICIALLY DEEMING THE PROPERTY LOCATED AT 5800 TENNISON DRIVE N.E. AS HAZARDOUS (WARD 2): Mr. Burns, City Manager, stated that as a result of two warrants and two property inspections, the subject property has been declared unfit for human habitation. The property owner has been given until today to maice repairs to the property, submit a plan for bringing the property into compliance with local ordinances, or request a hearing with a third party hearing examiner. Late last week, the property owner informed the City that she wanted a hearing before a third party hearing examiner. In the event that the hearing is held prior to August 13, we will bring the findings to the Council at that time. If no opinion has been rendered by the third party examiner prior to August 13, we will ask that the hearing be continued. ESTABLISHED A PUBLIC HEARING FOR AUGUST 13, 2001. 5. REQUEST FOR A ONE-YEAR EXTENSION TO VAR #00-15, BY VISION WOODWORKING, TO ALLOW A BUILDING ADDITION, GENERALLY LOCATED AT 7890 HICKORY STREET N.E. (WARD 3): Mr. Burns, City Manager, stated that the request is for a front yard setback variance for Vision Woodworking, the owners of the property along 79th Avenue. This will give them time to complete a building addition. Staff recommended Council's approval. APPROVED A ONE-YEAR EXTENSION TO VARIANCE, VAR #00-15. 6. RESO�,UTION ORDERING PRELIMINARY PLANS, SPECIFICATIONS AND ESTIMATES OF THE COSTS THEREOF: UTILITY PROJECT NO. 342: Mr. Burns, City Manager, stated that this resolution applies to the construction of water and sewer improvements to the Varichak addition on Benjamin Drive. These FRIDLEY CITY COUNCIL MEETING OF JULY 23, 2001 PAGE 4 improvements were required by the City's development agreement with the developer, and they were not installed as required. The City Attorney has reviewed the options available to the City and recommended that the City install the required utility improvements and assess the costs to the property owners. Staff recommended Council's approval. THIS ITEM WAS REMOVED TO THE REGULAR AGENDA FOR DISCUSSION. 7. RESOLUTION RECEIVING THE PRELIMINARY REPORT AND CALLING FOR A PUBLIC HEARING ON THE MATTER OF CONSTRUCTION OF CERTAIN IMPROVEMENTS: UTILITY PROJECT NO. 342: Mr. Burns, City Manager, stated that this resolution pertains to specified improvements to the Varichak addition. Quotes were solicited in April, 2001. The total cost is $33,040. Staff has concluded that the cost is reasonable and the project is feasible. Staff recommended Council's approval. THIS ITEM WAS REMOVED TO THE REGULAR AGENDA FOR DISCUSSION. 8. RECEIVE BIDS AND AWARD CONTRACT FOR THE INVESTIGATION AND DESIGN OF A REPLACEMENT PEDESTRIAN BRIDGE, GENERALLY LOCATED AT 6431 UNIVERSITY AVENUE N.E.(WARD 1): Mr. Burns, City Manager, stated that the City has solicited quotes from seven different engineering firms for design work associated with replacement of the pedestrian bridge at the Municipal Center. It was determined that the quote from Krech, O'Brien, Mueller & Wass, Inc., of Inver Grove Heights was the lowest and best quote. The proposal includes the evaluation of replacing the structure that was recently demolished when a sanitation truck failed to clear it. The cost is $7,252. Staff recommended Council's approval. THIS ITEM WAS REMOVED TO THE REGULAR AGENDA FOR DISCUSSION. 9. APPROVE CHANGE ORDER NO. 1 TO STREET IMPROVEMENT PROJECT NO. ST. 2001-1: Mr. Burns, City Manager, stated that most of this cost is for the replacement of 106 water system curb boxes that are more than 50 years old. The total cost is $14,330. Staff recommended Council's approval. THIS ITEM WAS REMOVED TO THE REGULAR AGENDA FOR DISCUSSION. FRIDLEY CITY COUNCIL MEETING OF JULY 23, 2001 PAGE 5 10. CLAIMS: APPROVED PAYMENT OF CLAIM NOS. 100470 -100737. 11. LICENSES: APPROVED ALL LICENSES AS SUBMITTED. 12. ESTIMATES: Approved estimates as follows: Pearson Brothers, Inc. 240 St. Joluis Street Loretto, MN 55357 Street Improvement (Sealcoat) Project No. ST. 2001 - 10 FINAL ESTIMATE - $ 15,163.14 Dave Perkins Contracting, Inc. 14230 Basalt Street N.W. Ramsey, MN 55303 2001 Street Improvement Project No. ST. 2001 - 1 Estimate No. 2 $ 62,500.00 ADOPTION OF AGENDA: MOTION by Councilmember Bolkcom to adopt the agenda as amended with Item Nos. 6, 7, 8, and 9 placed after Item No. 15. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM, VISITORS: Mr. Richard Harris, 6200 Riverview Terrace, asked when they were going to discuss the Planning Commission meeting minutes of July 18. Councilmember Billings stated that the minutes will not get to them for a couple of weeks. Mr. Burns stated that they would probably be on the agenda for the August 13 meeting. FRIDLEY CITY COUNCIL MEETING OF JULY 23, 2001 PAGE 6 Councilmember Billings asked if Mr. Harris was talking about the acceptance of the minutes or a particular item on the agenda. Mr. Harris stated that he would like to discuss a particular item and the statements that were made about it. Councilmember Billings stated that they get the minutes but do not always discuss them. Mr. Harris stated that it has to do with the sprinkler ordinance. Mr. Hickok, Community Development Director, stated that it is scheduled for discussion at the August 13 meeting. PUBLIC HEARINGS: 13. CONSIDERATION OF A REZONING REQUEST, ZOA #01-02, 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) (TABLED JUNE 18, 2001): MOTION by Councilmember Bolkcom to remove this item from the table. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Hickok, Community Development Director, stated that Mr. Taylor is the property owner and is requesting a rezoning from R-1, single family, to R-3, multiple family residential. This will accommodate the number of units and density desired to operate his sober house. The site was platted in 1966, and in 1976 the previous owner obtained a special use permit which allowed the residence to have a second dwelling unit within. In 1999, the property had been converted outside of the guidelines of the 1976 Council action into three distinct units with two additional sleeping rooms in the basement. In May of 2000, a special use permit was revoked by the City Council rendering this a single-family residential structure. In the fall of 2000, the City received numerous calls from realtors and prospective buyers inquiring of the possibility of using this home as a multi-unit rental. In March of 2001, Mr. Taylor requested that the City conduct an inspection of the property in order to obtain a rental license. Upon inspection, the City inspector noted a number of major remodeling items without permits and that there were three distinct units within and at least 9 to 11 people living there. Mr. Taylor was informed he had an illegal rental and must reduce the number of unrelated persons in the home to 5 to meet the R-1 requirements. Mr. Hickok stated that there has been no building permit issued since December of 1999 which was for an egress window. A rezoning is a City discretionary grant and the request must be in keeping with the overall vision and best interest of the City. Historically, a rezoning in Fridley FRIDLEY CITY COUNCIL MEETING OF JULY 23, 2001 PAGE 7 has also involved consideration of the health, safety, and welfare issues as alluded to in the property history section of this report. Those issues cause great concern. T'he City's December 1999 inspection revealed that the structure was not adequate to allow additional units. The City's March 2000 inspection revealed that Mr. Taylor had done many cosmetic changes to the home without the benefits of permits and property inspection. Mr. Hickok stated that the request fails to meet the following criteria for rezoning: The first is that compatibility of the proposed use with the comprehensive plan is inappropriate because it makes no mention of expanding the R-3 zoning district into this neighborhood. Granting of this rezoning request would be inconsistent with the City's overall vision for this neighborhood. Compatibility of the proposed district with adjacent uses is inappropriate because it would allow three units and up to fifteen unrelated persons to live on this property. This density is well beyond what is allowed in a R-1 rezoning and would increase the traffic. There is not adequate paved parking on the site to meet the R-3 code requirements for parking. Creating an appropriately sized parking lot would drastically change the residential feel and the look of this neighborhood. Designation of the R-3 district would allow the property owner to remove the single family home and replace it with a three-unit apartment building with any type of residential character and architecture which may not blend with the neighborhood. Compliance of the proposed use with the proposed district requirements does not meet the setback requirements for the R-3 zoning district. Based on the size of the site and the possibility of three two-bedroom units, a total of six parking stalls would need to be provided on site. Mr. Hickok stated that this request would also require a landscape plan. At the June 6 Planning Commission meeting, a motion was made to recommend denial of the rezoning request. It passed unanimously. Staff recommends that Council deny the request based on concerns over health, safety, and welfare that have not been properly addressed. The property is not in conformance with the comprehensive plan as a R-3 use and would increase the neighborhood density beyond R-1 standards by allowing up to 15 people. The creation of the required parking lot would change the residential character of the neighborhood. Mr. Hickok stated that the house is very comfortable inside and they have done a nice job. Concerns do exist though. The bathroom floor was substandard and two inspectors could not stand in the bathroom at one time without fear of falling to another level. That has now been tiled and there was no opportunity to look beneath. The petitioners did obtain a building permit on June 26. There have been no inspection updates because there have not been any calls to view the property. Councilmember Bolkcom asked how the inspections normally take place. Mr. Hickok stated that once the building permit is requested, there is a checklist that goes along with the building permit. The permit is the card that goes in the window. The owners call for an inspection when they have reached a certain benchmark spelled out on the checklist or permit. Councilmember Bolkcom stated that a correctional officer called her today and mentioned that he had high respect for the Taylors and the work they do. FRIDLEY CITY COUNCIL MEETING OF JULY 23, 2001 PAGE 8 Mr. Hickok stated that he was unable to speak with the gentleman directly but had a detailed voice message from him. The gentleman has had a working experience with the Taylors and believes that they are providing a very valuable service to Anoka County. He is concerned that the rezoning request might not be approved and the operation may not continue. Councilmember Bolkcom stated that they do very good work and this home could provide a very valuable service to the community. This however, does not really enter into the rezoning request as such. Criteria has been set up to help make that decision. Ms. Barbara Ellis, 430 Ironton, stated that this home has not been a single family home for ten years. This is the first summer there have been no police reports and it has been quiet. This is a very good thing being done for the City and it should be approved. Councilmember Bolkcom asked if Ms. Ellis realized that if it was rezoned, this property could be sold and torn down and made into an apartment building. Ms. Ellis stated that this is needed for people right now. Ms. Catherine Taylor, wife of the petitioner, stated that they were misled when they bought the property. The realtors led them to believe that it was a simple license to obtain after fixing up the property. That is what they did, but they were told the wrong information. This is the only other building they own besides their own home and they have never had opportunity to go through the process. They are waiting for the construction to start and that is why they have not called for an inspection. They got the residents of the home out and misunderstood what they needed to do next for the rezoning. They did not buy the property from the owner who previously had the special use permit. They pride themselves on keeping the property nice. They want to fix the siding, deck, and landscape the property. They did not understand about the R-2 and R-3 districts. She asked if there was a way to request a rezoning to R-3, as a restricted use for a duplex? Mr. Hickok stated that this is a questionable area. Ms. Taylor stated that they would not go to R-2 because that is considered spot zoning. Two houses down it is R-3 and everything on the left is single family. Councilmember Bolkcom asked Mr. Hickok if there was anything in the City considered R-3 with stipulations. Mr. Hickok stated that they do have some with stipulations placed on them. He has concerns about how that reads to a future buyer and that it would possibly create future problems. Mr. Knaak, City Attorney, stated that it is now discouraged and only allowed in limited circumstances dealing with transitional zoning. There are provisions in state law allowing additional kinds of uses for a transitional period. As a general rule, the rezoning is a legislative enactment and cannot be made to apply conditionally. FRIDLEY CITY COUNCIL MEETING OF JULY 23. 2001 PAGE 9 Councilmember Bolkcom stated that it might be precedent setting. Mr. Knaak stated that Council will then be required to treat a similar request in the same manner. Councilmember Bolkcom stated that when the special use permit was revoked, Council asked that something be recorded at the County for future buyers. Mr. Hickok stated that every Council action is filed with the County as soon as possible. Mr. Bobby Taylor, petitioner, stated that the work they had done was not cosmetic, and they would not put ceramic tile on a floor that was caving in. He has two different appraisals with him that state that the property is zoned R-2. When they went to look at the property, they saw two separate entrances, two electric meters, and he did not have any reason to think it was anything other than a duplex. They would agree to the granting of this request contingent upon inspections. They are not trying to hide anything from the City. If his intentions were not sincere, he would not have called for the inspection. He said he was proud of the work he had done: Mayor Lund asked if they were requesting rezoning to R-3. Mr. Taylor stated that they wanted R-2 in the beginning. Councilmember Bolkcom stated that she does not think that there is anything recorded at Anoka County stating the property is in a R-2 zoning district. Councilmember Wolfe stated that permits are for the property owner's protection. Mr. Taylor stated that once they pull the permits, they are hoping to not have to rip out walls. MOTION by Councilmember Bolkcom to receive the appraisals prepared by Alice Marsh and Michael Martindale. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Burns stated that the issue is that Mr. Taylor did not pull a permit on the work he had done. Mr. Hickok stated that was correct. Mr. Taylor cannot do the work himself because he owns a commercial property. Councilmember Bolkcom asked how many unrelated people could live in this residence at the present time. Mr. Hickok stated that a total of five people can live there. If we are recognizing three units then they each could have one family per unit. FRIDLEY CITY COUNCIL MEETING OF JULY 23, 2001 PAGE 10 Councilmember Wolfe stated that is if it is rezoned. Mr. Hickok stated that was correct. Councilmember Barnette stated that he feels positive toward what the Taylors have done, but the work that has been done still needs to be inspected. He has the most concern with the issue of rezoning to a higher density. He feels badly that the realtor did not understand and misled Mr. and Mrs. Taylor. Councilmember Bolkcom stated that they need to separate these issues. All the inspections and permits were done, and the issue is whether or not the zoning should be R-3. Mr. Taylor stated that at a meeting, a staff member commended what they were doing, but that they were doing it in the wrong place. Councilmember Bolkcom stated that it is in a R-1 district and changing it to R-3 is inappropriate for the neighborhood. There are health and safety and parking issues. Mr. Taylor stated that they are only asking to use the property for what it always has been used for. The density and parking are concerns. He is going to find a family to rent this house to and possibly sell it. Councilmember Bolkcom stated that Mr. Taylor can have a rental property. Mr. Taylor stated that he is very disgusted more than hurt with what he is hearing tonight. Mr. Hickok stated that if you have a single family house and you are living in it and working on it you still need a building permit. Nine people occupied this property when the inspection was conducted. MOTION by Councilmember Bolkcom to elose the public hearing. Seconded by Councilmember Wolfe. --- -- UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 9:52 P.M. Mr. Hickok stated that if this request is denied, the petitioner must still obtain all necessary building permits for the work done to date, and return the home to a single family status by installing a doorway and/or necessary steps between the main floor and the second floor within three months of the denial. Follow up inspection will be done at this time. 14. 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.) (TABLED JULY 9, 2001): FRIDLEY CITY COUNCIL MEETING OF JULY 23, 2001 PAGE 11 MOTION by Councilmember Billings to remove this item from the table. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CONTINUED. Mr. Hickok, Community Development Director, stated that Daktronics, Inc., a manufacturer of electronic readerboard signs, is requesting a zoning text amendment to remove the City's requirements that automatic changeable signs should not change a message more than once every 15 minutes. The section removed from the zoning text is Section 214.07. 1B. It states as follows: B. The message shall not change more than once every fifteen (15) minutes except for a sign displaying time, temperature, and/or date. Mr. Hickok stated that the major revision to the ordinance in 1976 by a committee made up of City officials, sign company representatives, and the local Chamber of Commerce, has been so effective that the only revisions have been to correct typos or for clarification. This section of code was reviewed in 1984 and 1988 when minor changes were made to the ordinance, but it stayed intact. During the public hearing at the May 16 Planning Commission meeting, the petitioner submitted a petition with 59 signatures requesting that this section of the sign code be eliminated. The Planning Commission denied this request based on pride of the sign code and citing that the special use permit process and variance process were the appropriate ways to address this question. This change would cause additional visual pollution and the frequency of changing messages is seen as a safety hazard. The case is not made strongly enough that this would benefit a very large number of people other than the manufacturers of the signs. Mr. Bolin, Planning Coordinator, stated that staff recommended concurrence with the Planning Commission. The Appeals Commission and this Council denied a request for a variance to this code section last February. Mr. Hickok stated this request does not �ave wide community support. Staff recommended denial of the zoning text change. MOTION by Councilmember Bolkcom to receive the letter and report from the Chamber of Commerce. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Bolkcom asked how many other communities around Fridley allow electronic message centers to change more often than Fridley's. Mr. Hickok stated that every one of the bordering cities allows changeable message signs. Some cities across the metropolitan area do not allow the changeable messages at all. FRIDLEY CITY COUNCIL MEETING OF JULY 23, 2001 PAGE 12 Councilmember Bolkcom asked if there were any surveys of the neighborhood regazding overall support of the changeable messages. Mr. Hickok stated that there have not been. Staff relies on the ordinance passed and when a petition has been submitted, they wait for additional feedback. If they were proposing this text amendment, that is the kind of research they would do to make a strong case. Councilmember Bolkcom stated that they have received a petition from business owners but have not heard opposition to the requested change. Mr. Hickok stated that they have not heard opposition or support from the community. Councilmember Wolfe stated that he does not have any problem with this at all. The fifteen- minute change seems ridiculous, and the City itself could have one. These signs look neater than billboards. A study could be conducted on any accidents they may cause. A stipulation for change every five minutes instead of fifteen could be added. Mayor Lund stated that his concern is that this is fine for now, but the cost may go down and the signs could get bigger, and pretty soon it would look like Las Vegas down University Avenue. Councilmember Bolkcom stated that each business is only allowed eighty square feet. She would like to have less signs in the community. Councilmember Barnette stated that several people have asked him why the Emmanuel Community Center Church sign was allowed. This sign is not located in Fridley. Councilmember Bolkcom asked how big that sign was. i�1r. Hickok stated that he would say it is about 80 square feet. Mr. Kelly Koenig, Daktronics, stated that he apologizes for their disappearance during the last meeting. They were informed the issue would be tabled and there was no reason they needed to stay. They did not think there would be a discussion. Mayor Lund stated that when the question was posed to Council prior to the meeting, he stated that they advertised for this and felt they must hold the public hearing and they would consider tabling it. Mr. Koenig stated that the issue of non-interest in the sign is not a concern. They have signatures from 59 businesses and have the support of the Chamber of Commerce. In their own independent investigation, only one person did not want this. Mr. Mike Hart, owner of American Masonry at 77`h and East River Road, does not have any consumer product and a bid- only business. He wanted a message center to have a community billboard. He has cleaned up the corner of 77th and East River Road to add one. They conducted a valid survey and asked a good number of individuals. About eighty-seven percent (87%) of those said they thought the FRIDLEY CITY COUNCIL MEETING OF JULY 23, 2001 PAGE 13 signs were aesthetically appealing. Three percent (3%) stated that they did not like signs altogether and ten percent (10%) were not willing to form an opinion. Councilmember Bolkcom asked if the poll asked whether electronic message boards were pleasing to the eye. Mr. Koenig stated that they asked two questions. The first question was if they felt Fridley business owners should have the same sign code restrictions as other communities that border Fridley. They said "sure". Most stated that they prefer the look of the message centers. With the changeable copy boards the letters are too small to be read if there is five lines of copy. Those are more of a visual clutter than an electronic message center. Councilmember Bolkcom stated that the issue is whether to allow electronic message centers to change at a more frequent rate. Mr. Koenig stated that the opinion of many Planning Commission members was that it was visua� clutter. Mr. Hickok stated that in a survey presenting side by side pictures asking which one people liked better, there was no question that there was one that was clean and one that was not. The one that was clean in the survey presented was the one that is permitted by code today. It is important to talk about the signs and survey also. Councilmember Wolfe stated that if someone asked him the same thing, he would assume the sign would change for advertising. Most people in the computer world would expect the signs to change once in a while. He does not think that people would get into an accident by reading the signs. They are sharper and neater and easier to read. Every building can only have one sign. Councilmember Bolkcom stated that some of the property at 77`h and East River Road would be destroyed to construct an electronic sign. Mr. Koenig has a vested interest but probably not a lot of people would buy electronic message boards unless they can change them on a regular basis. As Councilmember Barnette mentioned, some businesses might have signs that would not have --- had them before. Councilmember Wolfe asked her what she would rather see for a sign on that property. Councilmember Bolkcom stated that they were not there to discuss whether or not to have electronic signs because they are allowed. It is whether they can be changed more often. Mr. Koenig stated that it will not be Las Vegas because of the square feet limit. The message on the signs can stay the same, but the background color may change. Mr. Dennis Mellem, Signcrafters, stated that Spring Lake Park has a very nice liquor store down the road that has a nice message center. The one in Fridley does not have one. Is that fair? FRIDLEY CITY COUNCIL MEETING OF JULY 23, 2001 PAGE 14 Councilmember Billings stated that the Fridley store meets the Fridley sign code and we aze not in the position to change the sign code in Spring Lake Park. The question is totally inappropriate. Mr. Mahlum stated that the difference is advertisements. Mr. Koenig stated that by allowing businesses to advertise, the fees and charges that you are increasing to ten percent (10%) in your community could be eliminated. You could increase your revenue by increasing business revenue. Councilmember Bolkcom stated that the City cannot raise the fees and they cannot be more than what it takes to administer the cost of those permits and inspections. They are not related to making money for Fridley. Councilmember Billings asked if by using these signs, businesses would automatically have an increase in business. Mr. Koenig stated that they would not automatically. It depends on the content of the signs. Councilmember Billings asked if a business owner in Fridley would not be doing justice to the owners of the businesses to not have a sign in front of their business that changes every few seconds. If this will make every business prosper and have more revenue, every business is going want one. He is looking for some evidence to support that statement. Mr. Koenig stated that studies on a testimonial basis of businesses that are successful can actually say that their business increased. Mr. Jon Rider, Attractasign, stated that the issue is will Council allow the messages to change. The ordinance was written in 1984 and amended in 1988. The computer industry and the size of the machines make message centers much more effective. The sign code is generous in Fridley but this would be one item to take a look at. Councilmember Bolkcom asked if a notice of this heazing was published. Mr. Hickok stated that there was not any special promotion on the signs. Councilmember Bolkcom stated that in reality, if people object to this, they probably do not even know about this unless they happened to see the last Council meeting. Mr. Harris stated that he was part of the committee and planning process of forming this sign code. At the time, it was pretty good. The technology has since changed dramatically. Back then, we were working with a scrolling message on a board. So that there was not a continuous message, the committee suggested the fifteen-minute rule. The committee thought a continuous message would cause a safety problem. This may be a good time to take a look at the sign ordinance and bring it up to date with new technology. FRIDLEY CITY COUNCIL MEETING OF JULY 23, 2001 PAGE 15 Mayor Lund asked what would prevent a continuous message from occurring if the 15-minute restriction was removed. Mr. Harris stated that an in-depth study could come up with a better ordinance to handle the new technology rather than the twenty-five year old technology. Councilmember Barnette stated that Mr. Harris and Daktronics have a good point. Times have changed and he is probably going to vote for denial at this time. It may be time to look at this. Councilmember Billings stated that he received the same message from the Chamber of Commerce about whether or not the readerboards looked good. The case is whether or not they should be changing more frequently than what the City Code allows. The report from the Chamber of Commerce has no reference to how many of the accidents are in northbound or southbound University or where you could see the sign. If there is no preclusion to having these types of signs in town, they are allowed and the messages will stay there for up to fifteen minutes at a time. The Department of Transportation uses these signs in areas where there is nothing to distract people. The fact that they are using signs that do change frequently like on I-694 with two panels to advertise, is a signal that catches a person's eye and cause them to take their eye off the roadway to read that sign. Emmanuel Church's sign is seen from blocks away. Two people have come in looking for a variance in the last ten years. Neither were requests that were burning issues that needed something that is changed more frequently than 15 minutes with community event advertising. He agrees with Councilmember Wolfe about changing it to five or three minutes or some length of time equal to or greater than the length of time it takes for the average car traveling at the average posted speed to go through the azea. He has not seen anything convincing him that it would be a detriment not to have the message centers. MOTION by Councilmember Barnette to close the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED. 15. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 402 OF THE FRIDLEY CITY CODE PERTAINING TO WATER AND SEWER ADMINISTRATION - REPAIRS TO CONNECTION: MOTION by Councilmember Billings to waive the reading and open the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED. Mr. Otteson, Assistant Public Works Director, stated that this amendment is to clarify the responsibility of the property owners to perform standard maintenance on their sanitary sewer service versus the City's responsibility to repair a damaged service between the property line and the City main. The increase in affordable sewer inspection technology, such as mini-television FRIDLEY CITY COUNCIL MEETING OF NLY 23, 2001 PAGE 16 cameras, has allowed many sewer service cleaning contractors to visually inspect and locate problems prior to cleaning. Blockages beyond the property line are wrongly interpreted sometimes, and a claim is submitted to the City. The City has no control over what is put into these service lines and no way to inspect or maintain them. The City will continue to work with residents on determining the type and location of a problem and immediately responding to any reported back-up. This text amendment will clarify the City's long-standing policy that it is the property owner's responsibility to perform standard maintenance, including clearing debris or root cutting for the entire length of the service line from the building to the City main. A video with Dr. Burns and Mr. Kottsick, the sewer supervisor, regarding this issue is showing on cable right now. Staff recommended accepting the zoning text amendment. Mr. Burns stated that an article on sewer maintenance and responsibility on sewer maintenance will be in the next City newsletter. Councilmember Bolkcom asked if people would have known about this public hearing from the tiny little section in the back of the paper. Mayor Lund asked if this was a substantive change or a clarification. Mr. Otteson stated that it is a clarification. Councilmember Bolkcom asked if some residents interpreted that any time they have a back-up, the City pays for it. Mr. Otteson stated that they are interpreting that between the property line to the sewer main in the street area is the City's responsibility for a back-up. It is the property owner's responsibility all the way from the house to the sewer main. If a sewer line collapses in the City's right-of-way, the City will repair it. Councilmember Bolkcom asked how often inspections are made. Mr. Burns stated that 20 percent (20%) of the sewer lines are inspected per year, or one-fifth of the City is inspected every year. If an individual is having repeated problems, City staff will inspect the sewer line. Councilmember Barnette stated that if a homeowner has a private service come and clean out a sewer back-up in their own home, it is a good idea to contact the City. Some people may be reluctant to do so in case it causes problems with a neighbor's sewer line. Mr. Knaak, City Attorney, stated that the City is not liable due to a sewer service causing roots or debris to back up a neighbor's sewer. It is quite possible if someone causes an obstruction that the property owner who called the service would be liable. Mr. Burns stated that the inspection will make sure the roots are causing a problem. Mayor Lund stated that it is helpful for people to cooperate. FRIDLEY CITY COUNCIL MEETING OF JULY 23, 2001 PAGE 17 Councilmember Bolkcom stated that many people do not realize a special rider is required on your insurance to cover a sewer back-up. Mayor Lund stated that it is not typical to have sewer coverage for back-ups and there is a rider to the policy available for a minimal fee. If there is a blockage in the right-of-way area, whose liability is it if it backs up into the owner's home? Mr. Otteson stated that blockage would be due to the line not being maintained. Mayor Lund stated that the City will repair a break in that area. If that break causes a problem whose responsibility is that? Mr. Knaak stated that it depends on whose fault it is. Mayor Lund stated that due to age and ground shifting the pipe may break. Mr. Knaak stated that the City can adopt a policy on a no-fault basis to accept responsibility for that purpose. It is a special rider for the City. The issue is that this is so difficult in terms of litigation and finding fault that it is a service the City can provide. The City has accepted that to do maintenance on those lines is not an agreement on the part of the City to be liable for everything that happens there. If there is an ongoing maintenance problem, the property owner could be liable. This creates a duty on the part of the citizens to maintain the line. Councilmember Bolkcom asked how the residents would know how often to have them maintained. Mr. Burns stated that you really do not have to be worried about it until the flow from your own source slows down. Then you have to check for roots. You do not need to do preventive maintenance. Mr. Otteson stated that it is after the first problem that you should do it yearly or bi-yearly. -- — MOTION by Councilmember Barnette to close the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 10:30 P.M. FRIDLEY CITY COUNCIL MEETING OF JULY 23, 2001 PAGE 18 NEW BUSINESS: 6. RESOLUTION NO. 2000-34 ORDERING PRELIMINARY PLANS, SPECIFI- CATIONS AND ESTIMATES OF THE COSTS THEREOF:UTILITY PROJECT NO. 342: and 7. RESOLUTION NO. 2000-35 RECEIVING THE PRELIMINARY REPORT AND CALLING FOR A PUBLIC HEARING ON THE MATTER OF CONSTRUCTION OF CERTAIN IMPROVEMENTS UTILITY PROJECT NO. 342: Councilmember Wolfe stated that he was uncomfortable with this item. The development agreement is very difficult to interpret. Mr. Knaak, City Attorney, stated that this is through their office, and is standard procedure. He was directed at the Council meeting to proceed to enforce a development agreement between the City and Mr. Varichak. The agreement has been interpreted consistently by the City to require the installation of sewer lines up to the lot lines. The developer has resisted doing this. The City has reviewed a number of options and the best option is to have this operate as any other kind of public improvement involving sewer installation. It is authorized by Minnesota State Statute 429. The issue is whether or not a public hearing should be scheduled. The merits of the project would be addressed at that time. Mr. Knaak stated that this process does not require the existence of a development agreement. Prospective purchasers of the parcels would have a need to precipitate the construction of this kind of project as it adds an assessable improvement to the property. That is why this method was chosen. It is not really about the development agreement. The issues will be addressed during the public hearing. Mr. Burns stated that the initiation of this-action is founded in State law and independent of the development agreement. Mayor Lund stated that this can be discussed under Item No. 7. Mr. Knaak stated that was eonect. Councilmember Wolfe stated that there are issues that he feels very strongly about. Mr. Knaak stated that the City has a good reason for taking the position that it would take if the issue were to enforce the development agreement alone. That is not what this action requested is about directly. When and if Council decides to proceed further after the public hearing, the issue of who pays for it comes up. That is not really before Council. FRIDLEY CITY COUNCIL MEETING OF JULY 23, 2001 PAGE 19 Councilmember Wolfe stated that he is not taking sides but has questions on how the agreement is written. Ms. Susan Okerstrom, 1601 Gardena Avenue, stated that they did not have any knowledge of the development agreement and were led to believe they were buying a finished lot. If this goes to trial, their testimony would be that they received a copy of the development agreement during the closing undated, unsigned, and not notarized. It was not disclosed on the purchase agreement or the contract for deed closing papers. Universal Title insurance company admits they did not disclose it, prior to or at the time of closing. She asked if Fridley allows developers to do business this way and deceive people who are buying property. Mayor_Lund stated that will be discussed during the public hearing. Ms. Okerstrom stated that in a special assessment, they will be paying unless Mr. Varichak and Mr. Surdyk aze sued. Ms. Angelique Frederiksen, 1601 Gardena Avenue, stated that it seems like the City is trying to use another way to get around getting the sewer and water in without having to enforce the development agreement. As property owners with title, they would end up having to take recourse through legal actions. Mr. Knaak stated that it is important that this is part of the process. The City can take whatever legal action it deems necessary to enforce the development agreement. What was brought to the Council's and City's attention was a compelling and immediate need to have the connection done and the best way was the usual process contemplated in the public hearing. If something is going to be built, it will have to be done through this process which does not resolve the dispute with the sellers of the property. Regardless of what happens, you and the sellers are likely to be having conversations of who should pay for that. Ms. Frederiksen stated that it is the City's responsibility to enforce the development agreement. Mayor Lund asked if she-was suggesting that the City take the developers to court to enforce the agreement? Mr. Knaak stated that discussing remediation is hazardous and that is not what is on the agenda. The City was asked to move quickly on the sewer lines and the public hearing is a step closer to doing that. The City has never failed to enforce a development agreement. Ms. Frederiksen asked if the issue of how it will be assessed will be brought up. What recourse does the City take at that time? They requested at the last City Council meeting that the City enforce the development agreement with the developers. Mr. Knaak stated that the request was to move forward and get the process going in terms of building their se�ver line. That would potentially happen under Council's discretion. There is no quick fix. This is the immediate solution even though down the line you and the sellers will have active conversations. FRIDLEY CITY COUNCIL MEETING OF JULY 23, 2001 PAGE 20 Ms. Okerstrom stated that unless they pay off the lot and they are owners of record, they cannot get a building pernut and build on the property. They will be assessed and have to go through legal recourse. Mr. Knaak stated that if Council decides to conduct a public hearing, and they decide that they do not want to be assessed, that would be the time to tell Council. Mayor Lund stated that they may want to consult their attorney. Ms. Okerstrom stated her attorney is Mr. Thoreson. She said she hoped that this has not happened before and the City's intent is to have a developer follow through and put in City water to the street. The City needs to enforce these agreements. They never signed anything saying that they were responsible for the development agreement. The City's assessment of the property is not something that is appropriate or fair. The developer should be sued. Ms. Beverly Wales, 9509 Dogwood Avenue North, stated that she did not know there was a meeting tonight until Ms. Okerstrom told her. Her lot may cost her $33,000 and she does not understand why she was not notified. Councilmember Billings stated that two items are on the agenda. The first item is an official action by the City Council to direct the Public Works staff to draw plans and specifications for doing the work. The second item is to set a public hearing date and notify anyone that we know of that has an interest in the property. These are the only decisions tonight. After the public hearing on August 13 a vote will be taken by the City Council to proceed with the project. Ms. Wales asked if this project was a result of what happened during the open forum at the last Council meeting. Mr. Knaak stated that may have been the thing that precipitated additional action of the City, but no, this was going to be handled anyway. Ms. Wales asked when the City would get back to her as to what the resolution or plan is. Mr. Burns stated that would be August 13. Councilmember Billings stated that the City Attorney is still reviewing the options in terms of any enforcement. Ms. Wales asked if she would be notified. Councilmember Barnette stated that she should plan on being at the meeting on August 13. MOTION by Councilmember Wolfe to adopt Resolution No. 34-2001, Ordering Preliminary Plans, Specifications, and Estimates of the Costs Thereoi Utility Project No. 342. Seconded by Councilmember Barnette. FRIDLEY CITY COLTNCIL MEETING OF JULY 23, 2001 PAGE 21 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Wolfe to adopt Resolution No. 35-2001, Receiving the Preliminary Report and Calling for a Public Hearing on the Matter of Construction of Certain Improvements: Utility Project No. 342. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 8. RECEIVE BIDS AND AWARD CONTRACT FOR INVESTIGATION AND DESIGN OF A REPLACEMENT PEDESTRIAN BRIDGE, GENERALLY LOCATED AT 6431 UNIVERSITY AVENUE N.E.: Councilmember Barnette stated that Mr. Harris wanted this removed for discussion. Mr. Richard Harris, 6200 Riverview Terrace, stated that this should have never happened. He examined the bridge piers today and looked at it when it was laying on top of the truck. It was poorly designed. There should have been controlled caution bars at the end of the alleyway. He does not want this to happen again. He asked if there were any plans. He also wanted to know how the City got this bridge without proper design. Councilmember Billings asked him what he meant by improper design and construction. Mr. Harris stated that the only thing holding that bridge together was the railing. Councilmember Billings stated that it was designed by an architectural firm. Mr. Hams asked if there was a problem with the construction manager. Mr. Burns stated that a partner in the company left during the construction process. Mr. Harris asked if the new bridge would be raised with caution bars at each end of the driveway. Mayor Lund stated that Mr. Harris raised very good points of interest and the City would look at that in the design process. Councilmember Bolkcom stated that they would take all this into account and present his information. Mr. Harris stated that he is concerned with the integrity of the whole parking ramp. Mayor Lund asked if ramps were inspected periodically. FRIDLEY CITY COUNCIL MEETING OF JULY 23, 2001 PAGE 22 Mr. Hickok stated that he believes that there aze inspections to make sure the integrity is there. MOTION by Councilmember Bolkcom to receive the bids and award the contract for the investigation and design of a replacement pedestrian bridge to Krech, O'Brien, Mueller & Wass, Inc., in the amount of $7,252.00. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 9. APPROVE CHANGE ORDER NO. 1 TO STREET IMPROVEMENT PROJECT NO. ST. 2001-1: Councilmember Bolkcom stated that the reason the City is replacing the curb boxes is because there are leaks and they all need to be replaced. Mr. Otteson, Assistant Public Works Director, stated that the present boxes do not meet current health codes. They had weep holes in them when they were installed, allowing for the possibility of contamination to get into the water supply. Councilmember Bolkcom stated that it would be helpful to have the exact budget information. MOTION by Councilmember Bolkcom to approve Change Order No. 1 to Street Improvement Project No. S'T. 2001-1 in the amount of $14,330.00. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OLD BUSINESS: 16. 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.)(TABLED NLY 9, 2001): MOTION by Councilmember Barnette to deny approval of the first reading of an ordinance to amend Chapter 214, Signs, of the Fridley City Code. Seconded by Councilmember Bolkcom. Mayor Lund stated that he still has questions relating to this and it could be reviewed and brought up again. UPON A VOICE VOTE, MAYOR LUND AND COUNCILMEMBERS BARNETTE, BOLKCOM AND BILLINGS VOTING AYE, COUNCILMEMBER WOLFE VOTING NAY, MAYOR LUND DECLARED THE MOTION CARRIED 4-1. FRIDLEY CITY COUNCIL MEETING OF JULY 23, 2001 PAGE 23 17. FIRST READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA, BY MAKING A CHANGE IN ZONING DISTRICTS (ZOA #01-02, BY BOBBY TAYLOR, GENERALLY LOCATED AT 401 IRONTON STREET N.E.)(WARD 3) (TABLED JUNE 18, 2001): MOTION by Councilmember Bolkcom to deny approval of the first reading of an ordinance to amend the City Code of the Fridley City Code. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Bolkcom asked Mr. Hickok to notify Mr. and Mrs. Taylor. NEW BUSINESS: 18. FIRST READING OF AN ORDINANCE AMENDING CHAPTER 402 OF THE FRIDLEY CITY CODE PERTAINING TO WATER AND SEWER ADMINISTRATION — REPAIRS TO CONNECTION: MOTION by Councilmember Billings to waive the reading and approve the ordinance on first reading. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 19. VARIANCE REQUEST, VAR #01-09, BY RICHARD AND MARY NORDSTROM, TO REDUCE THE SIDE YARD SETBACK TO ALLOW THE CONSTRUCTION OF AN ADDITION TO THE GARAGE WITH LIVING SPACE ABOVE THE GARAGE, GENERALLY LOCATED AT 145 HARTMAN CIRCLE (WARD 3): Mr. Hickok stated that the petitioners are seeking to reduce the side yard between the property line and living space from 10 feet to 4� 8 feet, and the side yard setback for an attached garage from 5 feet to 4.58 feet to construct an 18 foot by 28 foot attached garage addition with living space above. The house is sitting skewed on the lot and the southwest corner of the house is where the variance is needed. The proposed addition will exceed 1,000 square feet by 148 square feet. The petitioner indicated that part will be his workshop so he can separate that off and stay within the 1,000 square foot maximum. That is an acceptable alternative. Mr. Hickok stated that staff visited the site and noted there are options without needing a variance. One would be reducing the addition size to 12 by 28 feet to gain both garage and living space. A detached garage could be constructed in the rear of the property and a drive could be brought around the west side of the garage to access the new garage. The petitioner's hardship statement is as follows: "We have two large silver maples in the backyard and the trunks of the trees are over 30 inches in diameter. One of the trees is directly behind the kitchen to the north of the lot and there is no way to add this addition to the north without taking down these lovely silver maples. We have four vehicles and there is a useful purpose for every one of FRIDLEY CITY COUNCIL MEETING OF JULY 23, 2001 PAGE 24 them. I would with the addition be able to store these vehicles inside and not have to keep two of them in the driveway all year long." Mr. Hickok stated that staff determined that these options would not affect the maples and has not identified a real hardship. Staff recommended denial. A real hardship is that one property cannot be put to reasonable use if used under the requirements of the Code. There are no physical characteristics for unique property conditions. Staff demonstrated that alternatives do exist. The variance should not alter the character of the neighborhood. Setbacks provide green space and,emergency space for emergencies and lessen crowding in the neighborhoods. The height of the living area would be out of character for the neighborhood. The Appeals Commission concurred that there is no real hardship. Councilmember Bolkcom asked if the Nordstroms knew this was on the agenda. Mr. Hickok stated that he called them today to notify them, and staff has been in contact with them. Ms. Alice Nelson, 149 Hartman Circle, stated that she feels the addition would be out of character with an immense wall. Councilmember Bolkcom stated that they could build without a variance. They could build and still have a workshop or shed. She asked if the 60-day action is up tonight. Councilmember Billings stated that Mr. Nordstrom could build a garage that is 17.58 feet by 28 feet, and he Fould build a living space that is roughly 12.5 feet by 28 feet. MOTION by Councilmember Bolkcom to deny VAR #O1-09. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 20. REQUEST FOR A ONE-YEAR LICENSE EXTENSION FOR A TEMPORARY OFFICE TRAILER LOCATED AT 7501 COMMERCE LANE N.E.(WARD 3): Mr. Hickok, Community Development Director, stated that one year ago on July 24, the City Council approved a temporary trailer license for Lombardi Meats. The license was issued for one year until the building addition was complete. Mr. Michael Gow, Director of Sales and Operations, indicated that the addition has not been constructed as anticipated. Funds will be requested at the parent office to construct the office addition in October of this year. Spring constnzction is anticipated if approved. Staff has received a call from a neighboring industry requesting that the license for the extension not be granted. Primary concerns are the appearance of the temporary structure and Lombardi's unpaved driveway. Staff recommended a one-year approval coinciding with the facts about their building plans for 2002 but no future extensions beyond July 2002. Staff also recommends the discontinuation of the use of the gravel drive with FRIDLEY CITY COUNCIL MEETING OF NLY 23, 2001 PAGE 25 restoration of black dirt and turf to a hard surface drive with concrete, curb, and gutter, and concrete or asphalt drive surface. Councilmember Bolkcom asked when the gravel drive went in. Mr. Hickok stated that he did not know. Councilmember Bolkcom stated that she talked with Mr. Dennis Olson, the neighboring property owner, who remembers a conversation with Ms. Dacy and Lombardi Meats in which they indicated that they only wanted it for one year. He agreed only because it was for one year. Councilmember Bolkcom stated that they could ask them to discontinue using the driveway or to pave it. Mr. Hickok stated that was correct. Councilmember Bolkcom stated that she is leaning toward the 90-day extension option. Mayor Lund asked if there was a concrete apron. Mr. Hickok stated that this driveway came after their hard surface drive and apparently whenever this was approved, it probably evolved without a permit. The records do not show a permit. Councilmember Billings stated that they could have requested a second apron. It is too bad they are not here to answer these questions. One year ago they indicated they needed the trailer for one year and the only logical conclusion he can draw is that they would be operating from a temporary trailer and drive and may be in the process of determining whether this is the best location for their facility. Councilmember Barnette asked about the 90-day extension. Councilmember Billings stated that he does not want to put them out of business. Lombardi Meats indicated to him that they only use the trailer for sales people. The site on University Avenue has two commercial office buildings both of which have signs out that there is space available for rent. MOTION by Councilmember Bolkcom to deny the one-year extension but allow the trailer to stay for 90 days as the business seeks alternatives for addressing their space needs. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIEDUNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF JULY 23, 2001 PAGE 26 21. INFORMAL STATUS REPORTS: Councilmember Bolkcom stated that Council could review the video that Mr. Strand and Mr. Burns participated in on a property in the Riverview Tenace azea. 22. ADJOURN: MOTION by Councilmember Bolkcom to adjourn the meeting. Seconded by Councilmember Barnette. . UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED TIIE JULY 23, 2001, CITY COUNCIL MEETING ADJOURNED AT 11:15 P.M. Respectfully submitted, Signe L. Johnson Scott Lund Recording Secretary Mayor � � anr oF �� TO: FROM DATE: suBJECr: AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 13, 2001 William W. Burns, City Manager � �� Jon �ukaas, Public Works Director _ August 13, 2001 Second Reading of ZTA No. O1-06 PWO1-059 On Monday, July 23, 2001, the City Council approved the first reading of the proposed zoning text amendment clarifying the responsibilities to maintain individual sanitary sewer service lines. Recommend the City Council approve the second reading of the ordinance as presented. JHH:cz 1 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 402 OF THE FRIDLEY CITY CODE PERTAINING TO WATER AND SEWER ADMINISTRATION - REPAIRS TO CONNECTION THE CITY COUNCIL OF THE CITY OF FRIDLEY DOES ORDAIN AS FOLLOWS: That Section 402.06 is hereby amended as follows: 402.06 Repairs to Connection After the initial connection has beenmade to the water curb stop box or the sewer lead at the property line or a water service or sewer lead has been extended to the property line for connection, the applicant, owner, or the occupant or user of such premises shall be liable for all repairs required to any water line or any sewer lines necessary for connection othe premisesfrom the property line to the premises. The City will be liable for all repairs required from the property line to the s#ee� mains, including any necessary street repairs. It shall be the responsibilityof the applicant, owner, occupantor userto perform standard maintenance of the sewer service line from the aremises to the main includinq debris clearinq or root cutting and to maintain the curb stop box at such height as will ensure that it remains above the finished grade of the land or property. (Ref. 638) PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 2001. ATTEST: DEBRA A. SKOGEN, CITY CLERK Public Hearing: July 23, 2001 First Reading: July 23, 2001 Second Reading: Published: SCOTT J. LUND, MAYOR 2 CITY OF FRIDLEY PLANNING COMMISSION MEETING, JULY 18, 2001 CALL TO ORDER: Vice-Chairperson Kondrick called the July 18, 2001, Planning Commission meeting to order at 7:30 p.m. ROLL CALL: Members Present: Barbara Johns, Dave Kondrick, Larry Kuechle, Leroy Oquist Members Absent: Connie Modig, Dean Saba, Diane Savage Others Present: Paul Bolin, Planning Coordinator Stacy Bulthuis, Planner Stephanie Hanson, Planner Julie Jones, Environmental Planner Ralph Messer, Assistant Fire Chief Ron Julkowski, Building Inspector George Bateson, 6196 Heather Place Dwayne Myrvold, 554 Janesville Street Bob & Frankie Fetrow, 7061 Hickory Drive Ray Hatchett, 1313 Hillwind Road Tim Coleman, 1165 Regis Lane APPROVE THE JUNE 20 2001. PLANNING COMMISSION MEETING MINUTES: MOTION by Mr. Kuechle, seconded by Ms. Johns, to approve the June 20, 2001, Planning Commission meeting minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. - PUBLIC HEARING: -- -- Consideration of a Vacation Request, SAV #01-06, by George and Ann Bateson, and Dennis and Mary Pietrini, for drainage and utility easements to be vacated in the plat of HEATHER HILLS NORTH, generally located at 6201,6203,6207,6209 Heather Place. MOTION by Mr. Oquist, seconded by Ms. Johns, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 7:35 P.M. Ms. Bulthuis stated that the petitioners are requesting the vacation of the utility and drainage easement created on the original Heather Hills North plat in 1999. The plat had originally been platted into four single family home lots in 1999. A five lot plat has been submitted which is slated for final Council approval on July 23. The utility and drainage easements granted for the original four lot plat do not align with where the utilities w�eed to be placed to service homes with the new 5-lot plat. Staff recommends approval. PLANNING COMMISSION MEETING, JULY 18, 2001 PAGE 2 Mr. Bateson, petitioner, stated that when they replatted, it should have been vacated. On Lot 4, right now, there is a ten foot strip down and they cannot build on it. This is kind of a mechanical thing he is trying to do here. The new lots have the necessary easements associated with the new lot. MOTION by Mr. Kuechle, seconded by Mr. Oquist, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 7:38 P.M. Mr. Kuechle stated that he would approve this, because it is simply taking the old out and it is redundant arid no longer needed. Ms. Johns stated that she agreed. Mr. Oquist stated he also agreed. MOTION by Mr. Kuechle, seconded by Mr. Oquist, to approve SAV #01-06. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. PUBLIC HEARING: Consideration of a Special Use Permit, SP #01-06, by Dwayne SR & Dawn Myrvold, for a second accessory structure (garage), for parking and storage, generally located at 554 Janesville Street NE. MOTION by Ms. Johns, seconded by Mr. Oquist, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 7:38 P.M. Ms. Bulthuis stated that the petitioners are requesting a special use permit to allow the construction of a second accessory structure over 240 square feet in size. The property is zoned R-1, and the lot was created in 1922 with the original home being built prior to 1949. The original home was demolished by a fire, and a new home was built in 2000. Second accessory buildings over 240 square feet are a permitted special use in the R-1 zoning district, provided the total square footage of all accessory buildings does not exceed 1400 square feet. The existing garage combined with the proposed accessory structure totals 1384 square feet. The special use permits provides the City with a reasonable degree of discretion in determining the suitability of certain uses upon the general welfare, public health, and safety of the area in which it is located. The City may place stipulations to eliminate negative impacts to surrounding properties. The City has a right to deny the request. Ms. Bulthuis stated the negative impact is that the location and appearance on the new garage will not be consistent with the surrounding area. The proposed location is not aesthetically ideal and is out of character for the neighborhood. Staff recommends that the proposed garage be moved back 20 feet in order to line up with the existing home�,p d break up the large wall of garage doors that would otherwise be uniformly set back from the sff�et. Ms. Bulthuis stated staff recommends approval subject to stipulations. Mr. Kondrick asked if the first stipulation regarding the petitioner installing the required hard surface driveway has a timeline. PLANNING COMMISSION MEETING, JULY 18, 2001 PAGE 3 Ms. Bulthuis stated that 12 months is the time frame for completing that. Mr. Kuechle asked for clarification of no additional curb cuts. Is only one curb cut per residential dwelling allowed? Ms. Bulthuis stated that was correct. Mr. Oquist asked how the garage would be in the driveway with the one curb cut. Ms. Bulthuis stated another curb cut on the east side of the property that is being shared with the neighbor cou(d be utilized. Mr. Oquist asked if stipulations #7 could be clarified about moving back 20 feet. Would it be in line with the house itself then and not the garage? Ms. Bulthuis stated that was correct; it would be in line with the house. Mr. Dwayne Myrvold, petitioner, stated that the stipulations are fine but instead of having a 20 feet setback, he would like a 24 foot setback. This would align the garage doors, and he would be able to see the garage from his back deck. Last night he had a bicycle stolen out of his yard, so he would like to see what is going on there. Ms. Bulthuis stated that would not be a problem as long as he can make the required rear yard setbacks. Mr. Myrvold stated that there is a driveway on the east side of the property, and they intend to use that for a horseshoe driveway and no additional curb cuts would be necessary. Ms. Johns asked if the driveway would be shared with the neighbor. Mr. Myrvold stated that it would not. Mr. Kondrick stated that the horseshoe would go in front of the new garage and come back out with the other curb cut. Mr. Kuechle stated that it does not take care of the requirement for the single curb cut. Ms. Johns stated that he is not adding one; it is already there. Mr. Kuechle stated that it does not make any difference. Ms. Johns stated that the stipulation states that no additional curb cut may be added. Mr. Kuechle asked if the overhangs on the gable�nd sides of the garage would match the house. Mr. Myrvold stated that they would. Mr. Kuechle asked to change stipulation #6 to state that it should architecturally match the house to cover that. MOTION by Mr. Oquist, seconded by Ms. Johns, to close the public hearing. PLANNING COMMISSION MEETING, JULY 18, 2001 PAGE 4 UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 7:48 P.M. Mr. Kuechle stated that he would like to change stipulation #6 as follows: 6. The garage shall be architecturally compatible with the existing home and furnished with same siding and color scheme. Mr. Oquist stated that stipulation #7 could be changed to: 7. The garage shall be moved back a minimum of 20 feet in order to be in line with the existing home. Mr. Kuecble stated that it could be reworded to stipulate 55 feet back from the curb also. MOTION by Mr. Oquist, seconded by Mr. Kuechle, to recommend approval of SP #01-06 with stipulations as amended: 1. The petitioner shall install code required hard surface driveway. 2. All necessary permits shall be obtained from the City prior to construction. 3. The structure shall not be used for a home occupation. 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. The garage shall be architecturally compatible with the existing home and furnished with same siding and color scheme. 7. The garage shall be moved back a minimum of 20 feet in order to be in line with the existing home and 55 feet back from the curb. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Kondrick stated this would go to Council on August 13. 3. PUBLIC HEARING: Consideratio� of a Special Use Permit, SP #01-07, by Bob and Frankie Fetrow, for a second accessory structure (garage), generally located at 7061 Hickory Drive. MOTION by Ms. Johns, seconded by Mr. Kuechle, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 7:52 P.M. Ms. Hanson stated that the petitioners are requesting a special use permit to construct an 864 square foot accessory building at 7061 Hickory Drive. Section 205 requires that a special use permit is necessary to allow accessory buildings other than a first accessory building over 240 square feet. The total square footage of accessory structures are not to exceed 1400 square feet. Total square footage of all proposed accessory structures on this site is 1,364 square feet. The existing shed would be taken down and the building will go in its place. Staff recommends approval with stipulations. Bob and Frankie Fetrow, petitioners, stated that they had no problems with the stipulations. They did not want the driveway because it is unnecessary. 0 PLANNING COMMISSION MEETING, JULY 18, 2001 PAGE 5 Mr. Kondrick stated that the first stipulation having to do with the driveway was placed to avoid the look of another regular driveway. MOTION by Mr. Kuechle, seconded by Ms. Johns, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED 7:55 P.M. Mr. Kondrick stated that it looked pretty cut and dry. Mr. Oquist stated that the issue with the driveway should be watched closely. The number of vehicles and things that are going to go into that garage could easily put a path back there. MOTION by Mr. Kuechle, seconded by Mr. Oquist, to recommend approval of #01-07, with the following stipulations: 1. Staff shall conduct regular inspections of the site. If, at any time, a trail simulating a driveway is present, a hard surface driveway approved by the City will need to be installed within 90 days. 2. The 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. The garage shall be architecturally compatible with existing home and finished with same siding and color scheme. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. PUBLIC HEARING: Consideration of a Special Use Permit, SP #01-08, by Ray Hatchett, for a second accessory structure (garage), generally located at 1313 Hillwind Road. MOTION by Mr. Oquist, seconded by Mr. Kuechle, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIBPERSON KONDRICK DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 7:58 P.M. Ms. Bulthuis stated that the petitioner is requesting a special use permit to construct a 780 square foot accessory building. It will be used for vehicle parking and storage. Section 205 requires a special use permit to allow an accessory building other than the first accessory building of over 240 square feet. The total square footage of accessory structures is not to exceed 1400 square feet. The total square footage of the existing garage and the proposed accessory structures on this site is 1,354 square feet. A 96 square foot shed is located next to the house that will need to be removed upon completion of the proposed accessory structure in order to comply with the 1400 square foot maximum for accessory structures. The petitioner has asked to keep the shed intact until the proposed structure is constructed to eliminate any outdoor storage issues, that may be a problem if the structure is removed. Staff recommends approval with stipulations. Mr. Oquist stated that the stipulation regarding that the garage be architecturally compatible could include requiring the same 4-12 pitch as the house. Is the siding going to be compatible with the house? 7 �; k �._ �( f i � _ : , ..l , --- ; PLANNING COMMISSION MEETING, JULY 18, 2001 PAGE 6 Ray Hatchett, petitioner, stated that the siding wouid be compatible. The pitch he submitted in the plan has to do with going steeper than the house because he has to shovel off the roof in the winter. He also would like to build the garage as close to 826 square feet as possible to get as close to the 1400 square foot maximum allowed. What is the maximum height to the top of the garage allowed? Ms. Bulthuis stated that 14 feet is the maximum to the center line of the garage. Mr. Hatchett asked if there was a 3 foot setback required from the side property line to the overhang of the garage. Ms. Bulthuis stated that it does not apply to the overhang. Mr. Kondrick stated there are ways to make this garage able to handle any type of snow load without maximizing the height of the garage. He thinks the pitch should look exactly the same as the house. Mr. Kuechle stated that there should be no reason why anyone needs to shovel snow off the roof. Mr. Kondrick stated that since there will not be heat inside the garage, there should not be a problem with the snow. Mr. Hatchett stated there would be heat in the garage. Mr. Kondrick stated there are ways to not have to add to the pitch very easily. Mr. Hatchett stated that for some reason, he always has to shovel off his garage. Mr. Kuechle stated that he could make the garage a little bit bigger because he is within 46 feet of the allowed square footage. Tim Coleman, 1165 Regis Lane, stated his only concern is where the entrance to this garage would be. Mr. Kuechle stated that the entrance would be from Hillwind from the driveway. MOTION by Ms. Johns, seconded by Mr.Oquist, to close the public hearing. _ UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:08 P.M. Mr. Kuechle stated that he does not take the stipulation to mean that it must exactly meet the roof pitch. A certain amount of variation would be okay if the petitioner can work it out with City staff and still make it architecturally compatible. MOTION by Mr. Kuechle, seconded by Ms. Johns, to recommend approval of SP #01-08 with stipulations as follows: 1. The petitioner shall install Code �equired hard surface driveway within 12 months of issuance of the building permit. 2. The 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. : PLANNING COMMISSION MEETING, JULY 18, 2001 PAGE 7 6. The garage shall be architecturally compatible with existing home and finished with same siding and color scheme. 7. The petitioner shall remove utility shed on the west side of the house upon completion of the proposed accessory structure. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 5. PUBLIC HEARING: Consideration of a Zoning Text Amendment, ZTA #01-03, by the City of Fridley, to recognize fraterrial organizations as a permitted special use in the R-3 District. MOTION by Ms. Johns, seconded by Mr. Kuechle, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 8:09 P.M. Ms. Hanson stated that staff is requesting consideration of the text amendment to the City building code that fraternal organizations be recognized as a special use in the R-3 district. They have one fraternal organization in the R-3 district which is the Knights of Columbus (KC). For over thirty years, the KC has been giving back to the City of Fridley by delivering Christmas baskets, sponsoring the "Clean-the-Highway° program, annual Tootsie Roll drive, and the KC picnic. In years past, the KC has allowed US West to use portions of a parking lot for temporary storage of a trailer that functions for distribution of phone books. This allows additional money raised to be donated to charitable contributions. Staff was made aware of the improper parking of the trailer in 1999. The organization was asked to discontinue this. As a result, the Council asked staff to analyze the code regarding such use. Ms. Hanson stated after analysis, staff has determined that a zoning text amendment would be necessary for fraternal organizations to have the ability to continue fund-raising in a manner consistent with what is allowed in other locations. This addition to the code would be added to the definition of fraternal organization: "A group of people formally organized for the common interest, usually cultura�, religious, or entertainment with regular meetings and formal written memberships." Also added under the Uses Permitted would be: Trailers for use by a fraternal organization for fund-�aisers provided the trailers are screened from the_right-of-way and adjacent land uses do not adversely affect parking providing the organization use of the trailer would meet the following standards: 1. The number of trailer shall not at any time exceed three. 2. Trailer size shall not exceed Minnesota Department of Transportation standards for enclosed trailers. 3. Trailers shall be enclosed type allowing contents to be screened on site from adjacent properties." Ms. Hanson stated that this will allow fraternal organizations to raise additional funds and ensure the continuation of charitable contributions to the community. Staff recommends the approval of the zoning text amendment. In the event the amendment is approved, the Knights of Columbus may make the August 31 deadline for the special use permit application. This will go before the Planning Commission on October 3, 2001. The Council on October 22, 2001, will review the application. Mr. Kondrick asked about screening the trailer from public view. Ms. Hanson stated it will have to be screened. 0 PLANNING COMMISSION MEETING, JULY 18, 2001 PAGE 8 Mr. Kuechle stated that it states that the trailer shall be an enclosed type. Ms. Hanson stated that when it is parked on the lot, it will be screened from the public right-of-way. Ms. Johns asked if the Knights of Columbus building will do the screening?. Mr. Kondrick stated that it would be; but if there are homes behind the building that can see the trailer, should it be screened from them, too? Mr. Kuechle asked how they would propose to screen a trailer at 12 feet high. Mr. Oquist stated it would be temporary screening. Mr. Kondrick stated that they needed to talk about that stipulation. Mr. Kuechle stated that it is obvious that they needed a special use permit. Mr. Bolin stated that the slide included is just a schedule that the Knights of Columbus would need to follow. This process is strictly the wording for the zoning text. This does not mean that the Knights of Columbus would get to use trailers in their parking lot. Mr. Oquist stated that the screening issue is not part of this. Mr. Bolin stated that the trailers themselves need to hide whatever is inside. Mr. Kondrick stated they wanted to screen what is inside from view. Mr. Bolin stated that is correct. The location for the trailer proposed is tucked behind the building and will have a cover of pine trees on the north side. Staff may ask the KC when they come back for a special use permit that they need to plant trees on the south side of the property to cover the small section of street. Mr. Oquist asked if Tamarisk had a garage sale last year and had a trailer there. Would that be included? - -- — Mr. Bolin stated that he does not believe Tamarisk would fit the definition for fraternal organization. This section of code is strictly for R-3. Tamarisk could ask for a special trailer license. Ms. Johns asked if the Knights of Columbus were the only fraternal organization in the district. Mr. Bolin stated that most are in the commercial districts. Mr. Kuechle asked if they could get a special use permit and do it. Mr. Bolin stated that it is under a permitted use but this would recognize fraternal organizations as a permitted special use in that district to give the Knights an opportunity to rebuild if the building were destroyed. Ms. Johns asked if it was easier to redo this in this manner. Mr. Bolin stated that is correct. � PLANNING COMMISSION MEETING, JULY 18, 2001 PAGE 9 MOTION by Mr. Oquist, seconded by Mr. Kuechle, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 8:24 P.M. Mr. Kuechle stated that he would recommend approval to bring this to the permitted use in the R-3 district. The trailer issue has to be handled separately by a special use permit anyway. Mr. Kondrick, Mr. Oquist, and Ms. Johns concurred. MOTION by Mr. Kuechle, seconded by Mr. Oquist, to recommend approval of ZTA #01-03. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTIOPLCARRIED UNANIMOUSLY. Mr. Kondrick stated that this would go to City Council on August 13. 6. PUBUC HEARING: Consideration of a Zoning Text Amendment, ZTA #01-04, by the City of Fridley, to repeal Chapter 205.04.08 "Fire Protection Requirements" and portions of Chapter 603.03 "Intoxicating Liquor Application". The City will be adopting Chapter 1306 "Special Fire Protection Systems of the Minnesota Building Code" by amending Chapter 206 of the City Code. MOTION by Ms. Johns, seconded by Mr. Oquist, to open the public hearing UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 8:25 P.M. Ms. Bulthuis stated that staff is requesting consideration of the text amendment to the Ciry Code that will eliminate section 205.04.08 of the zoning code which is entitled "Fire Protection Requirements". It will eliminate portions of Chapter 603.03 "Intoxicating Liquor". They would be replacing this by adopting Chapter 1306 "Special Fire Protection Systems of the Minnesota Building Code" by amending Chapter 206 of the Fridley City Code. Ms. Bulthuis stated the City Attorney advised that the City's current sprinkler system legislation should not be a zoning or liquor license issue and in its current state it is unenforceable. In the interest of fire safety, automatic sprinkler systems have a proven record of reducing life and property loss if a fire occurs. Chapter 1306 of the Minnesota State Building Code is the standard offered and recommended by the State to communities which desire to have an enforceable sprinkler system ordinance. Chapter 1306 is the minimum maximum standard which means that municipalities that adopt this are not allowed to change the requirements. Chapter 1306 states what is affected and establishes minimum requirements. The requirements are established by square footage and occupant load, new construction, building that increase in area, and buildings with an occupancy or classification change. This will not affect many operations. Blaine, Coon Rapids, Mounds View, New Brighton, and Spring Lake Park have all adopted this. Staff recommends approval to ensure consistency with the Minnesota State Building Code requirements. Mr. Messer, Fire Marshall, and Ron Julkowski, Chief building Official, are here to answer any questions. Mr. Kuechle asked if this relates to sprinklers in the building? Ms. Bulthuis stated that, yes, it relates to sprinklers inside the building. 11 PLANNING COMMISSION MEETING, JULY 18, 2001 PAGE 10 Ms. Johns asked if the contractor follows more stringent state codes when instaliing sprinkler systems versus following less stringent City codes. Mr. Messer stated that the City is not permitted to make the code more stringent because it is a minimum maximum code. Ms. Johns stated that the City Code is not as stringent as the State code. Mr. Messer stated that the sprinkler provisions in the liquor portion of the Code is tied to licensing requirements requiring a sprinkler system. The other part is zoning and depends on occupancy and use as laid ou# by the Code. This is strictly a building code. The basis for the State's building code is the uniform building code. The State also has a fire code based on uniform fire code which they have their own amendments to. The building code has provisions for sprinkler systems. This is stating an_adaptation of this is more consistent and fair and easier to enforce. Mr. Kondrick asked if this is what Fridley wants. Mr. Messer stated that some of the costs for the fire protection were initially born by the building owners. . This does make him happy. Mr. Oquist asked if Section 3, Chapter 2, would be incorporated into the code? Mr. Messer stated there would be the option by reference. The State only allows two options, and the option they are requesting is the 2,000 or more square feet. Sprinklers dramatically cut losses and the systems pay back for the cost of installation and insurance claims. Mr. Kuechle asked what percentage of commercial/industrial buildings in Fridley have sprinklers? Mr. Julkowski stated that about three-quarters do. Most of the north end, west of University Avenue from Osborne north do not have them. That is the original industrial park. MOTION by Mr. Kuechle, seconded by Mr. Oquist, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 8:35 P.M. MOTION by Mr. Oquist, seconded by Ms. Johns, to recommend approval of ZTA #01-04. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 7. PUBLIC HEARING: Consideration of a Zoning Text Amendment, ZTA #01-05, by the City of Fridley, to update Section 113 of the City Code to match the current recycling and solid waste management practices. MOTION by Ms. Johns, seconded by Mr. Oquist, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 8:37 P.M. Ms. Jones stated that this zoning text amendment regards Section 113 of the City Code, which addresses solid waste disposal and recycling collection. Repealing the existing code is necessary 1 F'� PLANNING COMMISSION MEETING, JULY 18, 2001 PAGE 11 because the changes are so dramatic, and adopting a new Section 113 also involves adopting a resolution setting the recycling fees. The fees are currently set in the codes. Five pa�ts are being proposed to the new Section 113: definition section, solid waste section, compost, recycling language, and licensing requirements. In the definition section, some outdated terms have been eliminated. They have changed some definitions to match State Statutes and added definitions they felt were necessary in the existing code. Ms. Jones stated one change proposed is screening of garbage and recycling as required in the Zoning Code. She believed it needed to be in this section of the code and applied to residential as well. Staff is proposing to eliminate the 32 gallon size limit on residential garbage containers. Another proposed change is to allow those garbage containers to be down at the curb, but only for a 28 hour period. They want to change the 32 gallon size because they are easily tipped over on a windy day. Lids fall off, and lids disappear. The cur�ent system is also a hauler identification problem. Staff is proposing that yard waste storage be only allowed at the curb for 24 hours before collection time. Yard waste is also proposed to not be allowed to be stored on property visible from the public right-of-way. Mr. Oquist asked if she meant storing yard waste behind the house is acceptable. Ms. Jones stated that is correct. Mr. Kuechle stated that it looks to him like yard waste may not be stored on site for more than five months. Ms. Jones stated that is the actual code language. Mr. Kuechle asked if it was okay if yard waste is out of sight if stored more than five months. Ms. Jones stated there would be odor problems if it was grass. Realistically, in code enforcement, staff can only tag what can be seen from the street so staff will not have much ability to enforce this. Ms. Johns stated that many people put the dead leaves around their house in #he wintertime and take them off in the spring. Ms. Jones stated that backyard composting generates complaints. Current code only allows composting on single family property. Some schools do composting for education purposes, and staff felt that should be allowed. The new code would state that composting may not occur near waterways or within 20 feet of an adjacent dwelling unit, and needs to be maintained so that it is not a public nuisance. ' Mr. Oquist asked if that was going to be clarified, because a public nuisance should be clarified. Ms. Jones stated they do have a good definition of public nuisance. Staff researched a lot of other city codes for some good examples. Staff also put a limitation on the size of compost areas not to exceed 10 cubic yards in size or five feet in height. Ms. Jones stated recycling changes are that multi-unit property recycling containers do not have to be screened but must be placed on a paved surface. Multi-dwelling owners would also be required to recycle four categories of materials which matches state Statutes. Recycling containers must be as convenient to reach as trash disposal. It would be illegal to steal recyclables. Mr. Oquist stated that he has a problem with recycling containers not needing to be screened. They can look just as bad as storage containers. 13 PLANNiNG COMMISSION MEETING, JULY 18, 2001 PAGE 12 Ms. Jones stated that the problem with screening is that it may be more difficult to access. They are only talking about the 60 or 90 gallon ca�ts. Box type containers require screening. Mr. Oquist stated that the big ones tend to overflow. Ms. Jones stated that the garbage dumpsters typically overflow, not the recycling. They would like them all on a paved surface for a more permanent space. Screening the recycling containers would place a hardship on the apartment owners with the crunch for space for parking. They have had problems with all the snow not be being plowed around the recycling carts and people had to trudge through four feet of snow to get to them. That needs to be addressed. The fee would be changed a few cents, and that fee may have to be adjusted each year to keep up with inflation. The Council may set those fees by resolution as they need to. There are not a lot of changes regarding the hauler license requirements. They are going to bump up the insurance requirements which are very outdated. Back-up warning devices are required as in a lot of other City Codes. Procedures to remove a particular hauler's license would be in place. Staff is anticipating the City Council wouCd set a public hearing date at the August 13�' meeting, probably for September 17�'. Mr. Kondrick stated that he thinks that this is put together very well. Ms. Johns asked if the cubic feet of the compost area would be changed to five cubic feet. Ms. Jones stated that she is proposing to change that. Mr. Kondrick stated he agreed. M�. Kuechle asked if the timeframe for yard waste placement in view of the street could be changed to 28 hours versus 24 to make it consistent with the others. Ms. Jones stated that the yard waste is put out in bags, not carts, so that is why the timeframe is less. Staff just did not want the refuse carts sitting there for more than 24 hours. Mr. Kondrick stated that sometimes people leave their grass clippings in the driveway for four days until pick-up. Ms. Jones stated they are trying to accommodate what they feel may happen in the future as far as waste management. One thing that may happen is that yard waste may be picked up in carts like the garbage. Mr. Kondrick stated that in the fall sometimes there are 20 bags of yard waste and how would that be managed? Ms. Jones stated that she has wondered that herself, and she does not perceive it happening here Mr. Oquist stated that one reason for the 28 hour deal is that sometimes a smaller truck comes in later to pick up the waste. Consistency and giving a leeway on the 24 hours may be necessary. Mr. Kuechle stated that he is thinking of a little more consistency to keep all the hours straight. Mr. Kondrick stated that he likes the 28 hour time frame. Mr. Kuechle stated that staff has done a great job. 14 � PLANNING COMMISSION MEETING, JULY 18, 2001 PAGE 13 Ms. Johns stated that the container size is an important issue. Mr. Kuechle asked what percentage of the haule�s use containers. Ms. Jones stated that they do not provide containers because the carts are very expensive. Mr. Kondrick stated that he feels that it would be more attractive for a container to be out by the curb. It may take longer to lift a large container as opposed to individual bags of garbage thrown quickly in the truck. Ms. Johns stated that haulers like to use the big containers. Mr. Kondrick stated that it would take forever to lift the big containers. Ms. Jones stated that it takes less time, and they only have to have one person on the truck instead of two. The biggest savings for the haulers is workman's compensation costs. Mr. Kuechle asked if any thought has been given to going paperless for the City. Mr. Bolin stated that the City Council currently has been using a paperless agenda for the last finro years; however they seem to be generating more paper recently. It is a good idea, but sometimes not very practical with the size of the documents that go into the packets. Multiple paper copies of the maps and pictures is a problem with downloading the information. Scanning maps and plats take forever, toa MOTION by Mr. Oquist, seconded by Ms. Johns, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 9:00 P.M. MOTION by Ms. Johns, seconded by Mr. Kuechle, to recommend approval of ZTA #01-05. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. ADJOURNMENT: MOTION by Mr. Oquist, seconded by Mr. Kuechle, to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED AND THE JULY 18, 2001, PLANNING COMMISSION WAS ADJOURNED AT 9:07 P.M. Respectfully submitted, . � Sign L. Johns �, Recording Sec tary 15 r a CfTY OF FRIDLEY Date: 8/7/01 AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 13, 2001 To: William Bums, City Manager �c� From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Bulthuis, Planner RE: Planning Commission action on SAV #01-06 M-01-114 INTRODUCTION George Bateson, petitioner, is seeking to vacate utility and drainage easements created on the original Heather Hills North Plat in 1999. The petitioner is in the process of re-platting the property into 5 lots. The utility and drainage easements granted for the original 4 lot plat do not align with where the utilities will need to be placed to service homes with the new 5 lot plat. Petitioner has granted required easements on the new plat, Heather Hills North 2. PLANNING COMMISSION ACTION At the July 18, 2001, Planning Commission meeting, a public hearing was held for SAV #01-06. Following a short public hearing, a motion was made to approve the utility easement vacation and re-creation. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMENDATION City Staff recommends that the City Council concur with the planning commission and grant approval of the proposed utility vacation and re-creation. � RESOLUTION NO. RESOLUTION TO VACATE EASEMENTS FOUND ON THE ORIGINAL HEATHER HILLS ADDITION AND THEN RE-CREATE THE EASEMENTS ON THE HEATHER HILLS NORTH 2 PLAT, GENERALLY LOCATED AT 6201- 6209 HEATHER PLACE. WH�REAS, The City Council approved the utility vacation and re-creation request, SAV #01-06, for the HEATHER HILLS NORTH PLAT at the July 23, 2001 meeting; and WHEREAS, The utility easements as presented on the original HEATHER HILLS NORTH PLAT are misaligned with the lots created on the new HEATHER HILLS NORTH 2 PLAT; and WHEREAS, The misalignment makes the easements unusable for placing utilities on the site; and WHEREAS, The property owners have provided the proper easements on the HEATHER HILLS NORTH 2 PLAT. NOW, THEREFORE, BE IT RESOLVED that the City of Fridley vacate the easements depicted on HEATHER HILLS NORTH PLAT, described as: Lot 1 A: That part of the East 5.00 feet of Lot 1A which lies South of the North 12.00 feet and North of the South 6.00 feet of said Lot 1A, all in Block 1, HEATHER HILLS NORTH, Anoka County, Minnesota. Lot 2A: That part of the East 5.00 feet and the 1RVest 5.00 feet of Lot 2A which lies South of the North 12.00 feet and North of the South 6.00 feet of said Lot 2A, all in Block 1, HEATHER HILLS NORTH, Anoka County, Minnesota. Lot 3A: That part of the East 5.00 feet and the West 5.00 feet of Lot 3A which lies South of the North 12.00 feet and North of the South 6.00 feet of said Lot 3A, all in Block 1, HEATHER HILLS NORTH, Anoka Counry, Minnesota. Lot 4A: That part of the West 5.00 feet of Lot 4A, Block 1, HEATHER HILLS NORTH, Anoka County, Minnesota, which lies South of the North 12.00 feet and North of the South 16.00 feet of said Lot 4A; together with that part of the North 10.00 feet of the South 16.00 feet of said Lot 4A which lies Westerly and 17 Northwesterly of a line drawn parallel with and 5.00 feet Northwesterly of the following described line, to-wit Commencing at the Southwesterly comer of said Lot 4A; thence South 89 degrees 28 minutes 03 seconds East along the South line of said Lot 4A for a distance of 16.49 feet to the point of beginning of the line to be described; thence North 42 degrees 14 minutes 22 seconds East for a distance of 34.83 feet and there terminating. BE IT FURTHER RESOLVED that the property owner re-create all required easements on the HEATHER HILLS NORTH PLAT 2, Anoka County, Minnesota. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 13th DAY OF AUGUST, 2001. SCOTT LUND - MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK Y : City of Fridley Land Use Application SAV-01-06 July 18, 2001 GENERAL INFORMATION SPECIAL INFORMATION Applicant: George & Ann Bateson Dennis & MaryPietrini 6196 Heather Place NE 6177 Heather Circle Fridley, MN 55432 Fridley, MN 55432 Requested Action: Vacate easements from old plat. Existing Zoning: R-1, One Family Residential Location: 6217 Central Ave. Size: 97,846 square feet 2.25 acres Exisring Land Use: Vacant, 1 home under constiuction Surrounding Land Use & Zoning: N: Single family home & R-1 E: Single family home & R-1 S: Single family home & R-1 W: Shopping Center & C-3 Comprehensive Plan Conformance: Use of property is consistent with Plan. Zoning Ordinance Conformance: All five proposed lots exceed the City's minimum lot size standard. Zoning History: • 1939 - Lot is originally platted. • 1999 — Area platted into 41ots. Legal Description of Property: Existing: Heather Hills North Proposed: Heather Hills North Plat II Council / 60 Day Action: August 13, 2001 / August 14, 2001 Public Utilities: Located near properry. 19 Transportation: Homes will be accessed from Heather Place. Physical Characteristics: Tree covered, relatively level on the western portion. Slopes, some severe, on the eastern portion of property. SUMMARY OF REQUEST Petitioner is seeking to vacate easements created on the original Heather Hills North Plat in 1999. These utilities easements do not align with where the utilities will need to be placed with the new S lot plat. SUMIVIARY OF ANALYSIS City Staff recommends approval of this easement vacation request. • Easements are from the origina141ot plat of Heather Hills. (View of Southeast portion of property) Staff Report Prepared by: Paul Bolin SAV #01-06 THE REQUEST George Bateson, petitioner, is seeking to vacate utility and drainage easements created on the original Heather Hills North Plat in 1999. ANALYSIS The petitioner is in the process of re-platting the property into 5 lots. The utility and drainage easements granted for the original 4 lot plat do not align with where the utilities will need to be placed to service homes with the new 5 lot plat. Petitioner has granted required easements on the new plat, Heather Hills North 2. RECOMMENDATION FOR SAV #01-06 City Staff recommends approval of this request to vacate the drainage and utility easements from the original 4-lot Heather Hills North Plat as described by E.G. Rud & Sons, Inc., Land Surveyors, on the attached page. Z� � � CRY OF FRIDLEY DATE: TO: FROM: AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 13, 2001 August 6, 2001 � Q, , Y' William W. Burns, City Manager - Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator RE: Final Plat, PS-01-02, George Bateson M-01-115. INTRODUCTION On May 2, 2001, the Planning Commission considered plat request PS-01-02, by George Bateson. Mr. Bateson intends to subdivide the property located at 6217 Central Avenue into 5 lots. Staff and the Planning Commission recommend approval of PS-01-02, with five stipulations. At the May 21, 2001, City Council meeting, the preliminary plat was approved. SUMMARY OF REQUEST 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 lots exceed all City Code size requirements. RECOMMENDATION Staff and the Planning Commission recommend approval of PS-01-02, with the five stipulations listed below. 1. Grading and drainage plan to be approved by City's engineering staff prior to the issuance of building pernuts, in order to minimize impacts to the surrounding properties. 2. Petitioner shall provide a easements as shown on preliminary plat drawing. 3. During construction, silt fencing shall be used where applicable. 4. Petitioner to pay required park dedicarion fees prior to issuance of building permits. 5. Petitioner to pay all water and sewer connection fees. 21 RESOLUTION NO. -2001 RESOLUTION APPROVING A PLAT, P.S. #01-02(HEATHER HILLS NORTH PLAT 2), BY GEORGE BATESON, TO REPLAT PROPERTY FOR THE PIIRPOSFs OF CREATING LOTS TO ALLOW CONSTRUCTION OF NEW SINGLE FAMILY HOMES, GENERALLY LOCATED AT 6217 CENTRAL AVENUE WHEREAS, the Planning Commission held a public hearing on May 2, 2001, and recommended approval of said plat; and WHEREAS, the City Council approved the preliminary plat for HEATHER HILLS NORTH PLAT 2 at their May 21, 2001, meeting with stipulations attached as Exhibit A; and WHEREAS, a copy of the plat HEATHER HILLS NORTH PLAT 2 has been attached as Exhibit B. NOW, THEREFORE, BE IT RESOLVED, that the City Council approves the Final Plat for HEATHER HILLS NORTH PLAT 2 and directs the petitioner to record plat at Anoka County within six months of this approval or such approval shall be null and void. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 13th DAY OF AUGUST, 2001. ATTEST: DEBRA A. SKOGEN - CITY CLERK SCOTT LUND - MAYOR 22 � Page 2- Resolution -2001 - HEATHER HILLS NORTH PLAT 2 FXHIBIT A 1. Grading and drainage plan to be approved by City's engineering staff prior to the issuance of building permits, in order to minimize impacts to the surrounding properties. 2. Petitioner shall provide a easements as shown on preliminary plat drawing. 3. During construction, silt fencing shall be used where applicable. 4. Petitioner to pay required park dedication fees prior to issuance of building permits. 5. Petitioner to pay all water and sewer connection fees. EXHIBIT B See attached plat map in your packets of the HEATHER HILLS NORTH PLAT 2. 23 ` AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 13, 2001 CfiY OF FRIDLEY DATE: August 3, 2001 _ � TO: William W. Burns, City Manager �� FROM: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Bulthuis, Planner RE: Special Use Permit Request, SP #01-06, Dwayne and Dawn Myrvold M-01-112 INTRODUCTION Dwayne SR and Dawn Myrvold are seeking a special use permit to construct an 864 square foot second accessory building at their residence at 554 Janesville Street. PLANNING COMMISSION RECOMMENDATION At the July 18, 2001, Planning Commission meeting, a public hearing was held for SP #01-06. After a brief discussion, the Planning Commission recommended approval of the special use permit, SP #01-06, with a couple minor changes ta — the stipulations. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMNEDATION City Staff recommends concurrence with the Planning Commission. STIPULATIONS 1. Petitioner shall install Code required hard surface driveway within 12 months of issuance of the building permit. 2. All necessary permits shall be obtained from the City prior to construction. 3. The structure shall not be used for a home occupation. 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. Garage shall be architecturally compatibie with existing home and finished with a complementary side and color scheme. 7. Garage to be moved back a minimum of 20 ft. in order to be in line with the existing home and 55 feet back from the curb. 25 City of Fridley Land Use Application SP #01-06 July 18, 2001 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Dwayne Sr. & Dawn Myrvold 554 Janesville Fridley, NIN 55432 Requested Action: Special Use Pemut to allow a second accessory structure in excess of 240 square feet. Exisang Zoning: R 1 (Single Family Residential) Location: 554 Janesville St. NE Lot Size: 13,750 square feet .32 acres Existing Land Use: Single family home. Siurounding Land Use & Zoning: N: Single Family & R-1 E: Single Family & R-1 S: Single Family & R-1 W: Single Family & R-1 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Sections 205.07.1.C.(1) requires a special use permit to allow accessory buildings other than the first accessory building, over 240 square feet. Zoning History: 1922 - Lot is platted. Pre- 1949 - Home is built. 2000 — Home demolished due to fire 2000 — New home constructed Legal Description of Property: Lots 48-52, Block F, Riverview Heights Public Utilities: Property is connected to City utilities. Transportation: Janesville Street provides access to site. Physical Characteristics: Lot contains home and existing garage. SUMMARY OF PROJECT Mr. & Mrs. Myrvold, petirioners, are requesting a special use pemut to allow the construction of an 864 square foot accessory building. The building will be used for vehicle pazking and storage. SUMMARY OF ANALYSIS Ciry Staff recommends approval of this special use permit, with stipz�lations. Second accessory buildings over 240 square feet are a permitted special use in the R-1 zoning district, provided the total square footage of all accessory buildings does not exceed 1,400 square feet. The total of all accessory buildings, existing and proposed, is 1,384 square feet. CITY COUNCIL ACTION / 60 DAY DATE 26 (Existing home & attached garage) Staff Report Prepared by: Paul Bolin SP #01-06 ANALYSIS Dwayne and Dawn Myrvold, petitioners, are requesting a special use permit to allow the construction of an 864 square foot accessory building. The building will be used for vehicle parking and storage. Accessory buildings over 240 square feet are a permitted special use. The existing garage and the proposed accessory building aze a total of 1,384 square feet, which is 16 square feet less than the total allowed by Code. SPECIAL USE PERI�IIT ANALYSIS The purpose of a special use pemut is to provide the City with a reasonable degree of discretion in determining the suitability of certain uses upon the general welfare, public health and safety of the area in which it is located. The special use pernut gives the City the ability to place stipulations on the proposed use to eliminate negative impacts to surrounding properties. The City also has the right to deny the special use pemut request if impacts to surrounding properties cannot be elimu�►ated through stipulations. The negative impact from this proposal is that the location and appearance of the new garage will not be consistent with the surrounding area. The proposed location of this accessory stnicture, while meeting code requirements for setbacks, is not aestherically ideal for this site. Staff recommends that the proposed garage be moved back 20' in order to line up with the existing home and break up the large wall of garage doors that would otherwise be uniformly setback and imposing from the street. Portion of lot where garage is proposed to be (ocated. 27 RECOMMENDATIONS City Staff recommends approval as second accessory structures are permitted under special use permit in the R-1 Single Family District. STAFF RECONIlVIENDATION Staff recommends the Planning Commission approve the special use peimit subject to the following stipulations: 1. Petitioner shall install Code required hard surface driveway. 2. All necessary permits shall be obtained from the City prior to const�uction. 3. The stnzcture shall not be used for a home occupation. 4. All �ehicles 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. The siding and roof materials shall match the exterior of the existing home. 7. Garage to be moved back 20' in order to be in line with the existing home. 8. No additional curb cuts aze pernutted on this site. : � � CITY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 13, 2001 Date: August 13, 2001 To: William W. Burns !� 1� � From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stephanie Hanson, Planner RE: Special use Permit Request, SP #01-07, Bob and Frankie Fetrow M-01-100 INTRODUCTION Bob and Frankie Fetrow are seeking a special use permit to construct an 864 square foot second accessory building at their residence at 7061 Hickory drive. PLANNING COMMISSION RECOMMENDATION At the July 18, 2001, Planning Commission meeting, a public hearing was held for SP #O 1-07. After a brief discussion, the Planning Commission recommended approval of the special use permit, SP #01-07, with the stipulations as presented. THE MOTION CARRIED UNANIMOUSLY. PLAN�tING STAFF RECOMMENDATION City Staff recommends concurrence with the Planning Commission. STIPULATIONS l. Staff shall conduct regular inspections of the site. If, at any time, a trail simulating a driveway is present, a hard surface driveway, as approved by the City, will need to be installed within 90 days. 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. i�' 4. All vehicles shall be stored on a hard surface as approved by the City. 5. Total squaze footage of all accessory structures must not exceed 1,400 squaze feet. 6. Garage shall be architecturally. compatible with existing home and finished with same siding and color scheme. 30 City of Fridley Land Use Application SP #01-07 July 18, 2001 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Bob and Frankie Fetrow 7061 Hickory Drive Fridley, MN 55432 Requested Action: Special Use Pernut to allow a second accessory structure over 240 square feet. F,xisting Zonuig: R-1 (Single Family Residential) Location: 7061 Hickory Drive Size: 17,550 sq. ft. .40 acres Existing Land Use: Single family home. Surrounding Land Use & Zoning: N: Single family & R-1 E: Heavy Industrial & M-2 and Community Park S: Single Family & R-1 W: Single Family & R-1 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Sec. 205.07:1.C.(1) requires a special use pernut to allow accessory buildings other than the first accessory building, over 240 square feet. Zoning History: 1957 — Lot is platted. 1971— Home is built. 1972 — Shed is built. Legal Description of Property: Lot 6, Block 1, Ostmans Third Addition Public Utilities: Home is connected. �� Transportation: Hickory Drive provides access to the residence. Physical Characteristics: Typical suburban landscaping. SUMMARY OF PROJECT Mr. And Mrs. Fetrow, petitioners, are seeking a special use pemut to allow the constiuction of an 864 square foot accessory building. SUMMARY OF ANALYSIS City Staff recommends approval of this special use permit, with stipulations. Second accessory buildings over 240 square feet are a permitted special use in the R-1 wning district, provided the total square footage of all accessory buildings doesn't exceed 1,400 square feet. The current twastall garage is 500 square feet and the proposed accessory structure is 864 square feet. The total of all accessory buildings, e�sting and proposed is 1,364 square feet. CITY COUNCIL AC- T�ON/ 60 DAY DATE City Council — 8/13/Ol 60 Day — 8/14/O1 2 (Location of Proposed Garage) Staff Report Prepared by: Paul Bolin and Stephanie Hanson 32 Special Use Permit SP #01-07 RE UEST The petitioners, Bob and Frankie Fetrow are seeking a special use permit to allow the construction of an 864 square foot second accessory building. The building will be used for storage of recreational equipment. ANALYSIS The property is located on Hickory Drive. The existing home and garage were built in 1971 and the existing shed was built in 1972. The existing shed is 140 square feet. The existing shed will be removed and replaced by the proposed accessory building. Existing home with attached garage Accessory structures over 240 square feet are a permitted special use in the R-1 zoning district. The existing two-stall garage and the proposed accessory structure are a total of 1,364 square feet, which is 36 square feet less than the total allowed by Code. The petitioners are requesting to not be required to install a hard surface driveway leading to the second accessory shed. If a hard surface driveway is to be installed, the total length would be over 200 feet. Because the primary use for the shed is for storage of lawn mowers, boats and other recreational vehicles, City Staff is in support of the petitioners request, provided that a trail simulating a driveway, at any time, is not formed. City staff has received no comments from neighboring property owners. 33 RECOMMENDATIONS City staff recommends approval as secondary structures are permitted under special use permit in the R-1 Single Family District. STIPUALTIONS Staff recommends that if the special use permit is granted, the following stipulations be attached. 1. Staff shall conduct regular inspections of the site. If, at any time, a trail simulating a driveway is present, a hard surface driveway as approved b� t�e City will need to be installed within 90 days. 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. Garage shall be architecturally compatible with existing home and finished with same siding and color scheme. 34 / � CfTY OF FRIDLEY DATE TO: 1 AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 13, 2001 August 3, 2001 William W. Burns, City Manager ,�� ° FROM: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Bulthuis, Planner RE: Special Use Permit Request, SP #01-08, Ray Hatchett M-01-111 INTRODUCTION Ray Hatchett is seeking a special use permit to construct a 780 square foot second accessory building at his residence at 1313 Hillwind Road. PLANNING COMMISSION RECOMMENDATION At the July 18, 2001, Planning Commission meeting, a public hearing was held for SP #01-08. After a brief discussion, the Planning Commission recommended approval of the special use permit, SP #01-08, with the stipulations as presented. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMNEDATION City Staff recommends concurrence with the Planning Commission. 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 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. Garage shall be architecturally compatible with existing home and finished with a complementary side and color scheme. 7. Petitioner shall remove utility shed on the west side of the house upon completion of the proposed accessory structure. 35 City of Fridley Land Use Application SP #01-08 July 18, 2001 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Ray A. Hatchett 1313 Hillwind Road NE Fridley, MN 55432 Requested Action: Special Use Pemut to allow a second acEessory structure over 240 square feet. Exisang Zoning: R-1 (Single Family Residential) Locarion: 1313 Hillwind Road Size: 27,097 sq. ft. .62 acres Existing Land Use: Single family home. Sutrounding Land Use & Zoning: N: Single Family & R-1 E: Single Family & R-1 S: Single Family & R-1 W: Interstate 694 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Sec. 205.07.1.C.(1) requires a special use pemut to allow accessory buildings other than fhe first accessory building, over 240 square feet. Zoning History: 1961 - Lot is platted. 1960 - Home & Garage are built. 1978 — Deck addition. Legal Description of Properiy: Lot 2, Sheridan Acres Public Utilities: Home is connected. Transportation: Hillwind Road would provide access to proposed garage. Physical Characteristics: Typical suburban landscaping. 36 SUMMARY OF PROJECT The peritioner, Ray Hatchett is seeking a special use pernut to allow the construction of a 780 square foot accessory building. SUMMARY OF ANALYSIS City Staff recommends approval of this special use permit, with stipulations. Second accessory buildings over 240 square feet are a permitted special use in the R-1 zoning district, provided the total square footage of all accessory building doesn't exceed 1,400 square feet. The current two-stall garage is 574 square feet and the proposed accessory structure is 780 square feet. The peritioner also has a 96 square foot storage shed that will be removed upon completion of the proposed accessory structure. The total of all accessory buildings, existing and proposed, minus the shed is 1,354 square feet. CITY COUNCIL ACTION/ 60 DAY DATE City Council — 8/13/O1 60 Day — 8/14/O1 (Location of Proposed Garage) Staff Report Prepared by: Stacy Bulthuis :-i S P #01-08 ANALYSIS The petitioner, Ray Hatchett is seeking a special use permit to allow the construction of a 780 square foot second accessory building at 1313 Hillwind Road. The building will be used for vehicle parking and storage. The property is located on Hillwind Road and the lot is rectangular shaped. The existing home_and garage were built in 1960. Existing home and garage Accessory structures over 240 square feet are a permitted special use in the R-1 zoning district. The existing two-stall garage is 574 square feet and the proposed accessory structure is 780 square feet. Total square footage of these accessory structures is 1,354 square feet, which is 46 square feet less than the total allowed by Code. There is also a 96 square foot shed located next to the house that will need to be removed upon completion of the proposed accessory structure in order to comply with the 1,400 square foot maximum for accessory structures. The petitioner has asked to keep the shed intact until the proposed structure is constructed, to eliminate any outdoor storage issues that might become a problem if the structure was removed. The proposed garage location meets all setbacks requirements. City staff received one comment from a neighbor who was concerned about all the vehicles currently being parked 37 .i ; in the Petitioner's driveway. Staff did a site visit and found that there are no code violations. All the vehicles are licensed, operable and parked on a hard surface driveway. There is nothing in the City Code that limits how many vehicles a person can have on their property as long as they meet the above requirements. Proposed Garage Location RECOMMENDATIONS City Staff recommends approval as second accessory structures are permitted under special use permit in the R-1 Single Family District. STIPULATIONS Staff recommends that if the special use permit is granted, the following stipulations be attached. 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 p�ior 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. Garage shall be architecturally compatible with existing home and finished with same siding and color scheme. 7. Petitioner shall remove utility shed on the west side of the house upon completion of the proposed accessory structure. : / a �� FRIDLEY TO: FROM: DATE: SUBJECT: .:; �..... ,... ...�::;e�..�; _ AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 13, 2001 ,William W. Burns, Ci Mana er �� tY g � Jon H. �blic Works Director July 31, 2001 2002 Street Improvement Project PWOl-073 The attached resolution is to initiate the design and plan preparation for the proposed Edgewater Gardens Neighborhood Improvement No. 2002-1, which includes Rice Creek Terrace, Hickory Drive, Ashton Avenue, 65 �/z Way, 66`h Way, 66 �4 Way and 67`b Way. The resolultion orders the preparation of preliminary plans and specifications for the improvements as a result of the neighborhood meetings and Council's direction. This includes the upgrade of the asphalt berm streets within the area to concrete curb and gutter and repairs of the existing water, sanitary sewer and storm sewer systems. Recommend the City Council adopt the resolutions so that the design work can initiated for the Edgewater Gardens Neighborhood Improvement Project No. ST. 2002 -1. JHH:cz Attachment 39 RESOLUTION NO. - 2001 RESOLUTION ORDERING PRELIMINARY PLANS, SPECIFICATIONS AND ESTIMATES OF THE COSTS THEREOF; EDGEWATER GARDENS NEIGF�ORHOOD PROJECT NO. ST. 2002 - 1 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley as follows: 1. That it appears in the interests of the City and of the property owners affected that there be constructed certain improvements to-wit: Street improvements, includinq grading, stabilized base, hot-mix bituminous mat, concrete curb and gutter, water and sanitary sewer service repairs, storm sewer system, landscapinq, and other facilities located as follows: Rice Creek Terrace - East River Road to Ashton Avenue Hickory Drive - Rice Creek Terrace to Mississippi Street Ashton Avenue - Rice Creek Terrace to 65'� Way 65'� Way - Hickory Drive to Ashton Avenue 66th Way - Hickory Drive to Ashton Avenue 66'-� Way - Hickory Drive to Ashton Avenue 67th Way - Hickory Drive to Ashton Avenue That the work involved in said improvements listed above shall hereafter be designated as: EDGEWATER GARDENS NEIGF�ORHOOD PROJECT ST. NO. 2002 - 1. 2. That the Public Works Director, Jon H. Haukaas, City of, Fridley, MN, is hereby authorized and directed to draw the preliminary plans and specifications and to tabulate the results of his estimates of the costs of said improvements, including expenses incurred (or to be incurred) in connection therewith, or the financing thereof, and to make a preliminary report of his findings stating therein whether said improvements are feasible and whether they can best be made as proposed, or in connection with some other improvements (and the estimated__cQSt as recommended), including also a description of the lands or area as may receive benefits therefrom and as may be proposed to be assessed. 3. That said preliminary report of the Public Works Director shall be furnished to the City Council. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 13� OE AUGUST 2001. ATTESTED: DEBRA A. SKOGEN - CITY CLERK SCOTT J. LUND - MAYOR ��J � � cmr oF FRIDLEY TO: FROM: DATE: - suBJECr: AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 13, 2001 William W. Burns, City Manager n`!�` �1` Jon H. Haukaas, Public Works Director August 9, 2001 Resolution Requesting Variance to MnDOT Rules PWO1-07� The attached resolution requests MnDOT grant the City of Fridley a variance to the rules governing construction requirements that must be met in order to use our State Aid fund on off-system local road projects. The City Council adopted a resolution requesting the use of MSAS funds at their Apri19, 2001 meeting. That resolution was not received by MnDOT in its progosed form prior to award of the project as required by the construction requirement rules. Therefore, this variance is required to use the funds for this year's project. Fridley was the first Ciry to complete its system and take advantage of this process. As such, there is still a bit of a learning curve on the application of the rules and solidifying the process on the part of both MnDOT and the MSA cities. Recommend the City Gouncil adopt the attached resolution for submittal to the State Aid office. JHH:cz Attachment 41 RESOLUTION NO. - 2001 RESOLUTION REQUESTING MINNESOTA DEPARTMENT OF TRAN5PORTATION GRANT A VARIANCE TO MUNICIPAL STATE AID RULES ON CONSTRUCTION REQUIREMENT3 WHEREAS, the City of Fridley wishes to use a portion of its State Aid allocation on local streets not on an approved State Aid system, as allowed by under Minnesota Rules 8820.1800 subp. 2, and WHEREAS, staff with the Minnesota Department of Transportation, State Aid for Local Transportation Division have reviewed the State Aid street system in Fridley, and WHEREAS, the Minnesota Department of Transportation recertified the City of Fridley's State Aid routes for a period of 2 years as being complete and function�l, on August 24, 2000, and WHEREAS, the City of Fridley indemnifies, saves, and holds harmless the State of Minnesota and its agents and employees of and from claims, demands, actions, or causes of action arising out of or by reason of the granting of this variance. WHEREAS, Minnesota Rules 8820.3300 provides an opportunity to request a variance to the standards. NOW, THEREFORE, BE IT RESOLVED THAT, the City Council of the City of Fridley, Anoka County, Minnesota, requests a variance from the construction requirements, as specified in Minnesota Rules 8820.2800, subp. 2; only those projects for which final plans are approved by the State Aid engineer before opening bids or approving a force account agreement are eligible for State Aid construction funds, except as provided in subp. 8. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 2001. fT��l��l� DEBRA A. SKOGEN - CITY CLERK SCOTT J. LUND, MAYOR 42 � � cmr oF FRIDLEY TO: FROM: DATE: _ SUBJ ECT: AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 13, 2001 William W. Burns, Ci Mana er � ry g �� J on H. Haukaas, Public Works Director August 9, 2001 Resolution Revoking and Establishing MSAS 5treets PWO 1-0'76 The attached resolution revokes those portions of Lake Pointe Drive and West Moore Lake Drive reconstructed as Medtronic Parkway as part of the Medtronic World Headquarters development. Rededication of the new Medtronic Parkway on its reconstructed alignment is required to maintain our constructed MSAS mileage and certified complete system status. Recommend the Ciry Council adopt the attached resolution for submittal to the State Aid office. JHH:cz �� RESOLIITION NO. - 2001 RESOLIITION REyOKING AND ESTABLISHING MUNICZPAL STATE AID STREETS WHEREAS, the roads hereinafter described have been reconstructed to a different alignment as part of the redevelopment of the complex now known as the Medtronic World Headquarters, and WHEREAS, no State Aid funds were expended in the original construction or in the reconstruction of the roads hereinafter described, and WHEREAS, it appears to the City Council of the City of Fridley that the roads hereinafter described should be revoked as a Municipal State Aid Street under the provisions of Minnesota laws. NOW, THEREFORE, BE IT RESOLVED THAT, the City Council of the City of Fridley, Anoka County, Minnesota, that the road described as follows, to- wit: Name Termini Lake Pointe Drive 7th Street to W. Moore Lake Dr W Moore Lake Drive Lake Pointe Drive to TH 65 MSAS Segment Miles 345 O10 0.56 315 030 0.05 Be and hereby is, revoked as a Municipal State Aid Street of said City subject to the approval of the Commissioner of Transportation of the State of Minnesota. BE IT FURTHER RESOLVED, it appears to the City Council of the City of Fridley that the streets hereinafter described should be designated as Municipal State Aid Streets under provisions of Minnesota Laws of 1967, Chapter 162. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley, County of Anoka, that the streets described as follows, to-wit: Name Medtronic Parkway Medtronic Parkway Termini 7tn Street to West Moore Lake Drive West Moore Lake Drive to TH 65 Miles 0.47 0.07 Total 0.54 Be and hereby is established, located and designated a Municipal State Aid Street of said City, subject to the approval of the Commissioner of Transportation of the State of Minnesota. BE IT FURTHER RESOLVED THAT, the City Clerk is hereby authorized and directed to forward two (2) certified copies of this resolution to the Commissioner of Transportation for his consideration. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 2001. ATTEST: DEBRA A. SKOGEN - CITY CLERK SCOTT J. LUND, MAYOR . . � � QTY OF FRIDLEY To: From: Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF August 13, 2001 William W. Burns, City Manager ,RI�� 1` Richard D. Pribyl, Finance Director Deb Skogen, City Clerk August 1, 2001 Minnesota National Guard Youth Camp Gambling Premise Permit Application, Shorewood Restaurant, 6161 Highway 65 NE Section 30 of the Fridley City Code allows Lawful Gambling by a licensed organization. The Blaine Jaycees is currently conducting charitable gambling at Shorewood Restaurant, 6161 Highway 65 NE. T'heir lease with Shorewood has been terminated and will expire on September 30, 2001. The Minnesota National Guard Youth Camp was contacted by Shorewood and has signed a Lease to begin charitable gambling after the Blaine Jaycees concludes their charitable gambling. The application requires a resolution of approval from the City Council. If approved, the premise permit would become effective October 1, 2001. Please find a resolution for the premise permit application. Staff recommends approval of the premise permit by adoption of the attached resolution. 45 RESOLUTION NO. - 2001 RESOLUTION IN SUPPORT OF AN APPLICATION FOR A 1VIINNESOTA LAWFUL GAMBLING PREMISE PERMIT FOR NIN NATIONAL GUARD YOUTH CAMP (SHOREWOOD RESTAURAI� WHEREA$, the City of Fridley has been served with a copy of an Application for a Minnesota. Lawful Gambling Premise Pernut for the Minnesota National Guazd Youth Camp; and WHEREAS, the location of the Premise Pernut is for the Shorewood Restaurant, 6161 Highway 65 Northeast and the Lawful Gambling would become effective October 1, 2001; and WI-�REAS, the City of Fridley has found no reason to restrict the location for the charitable gambling operation. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley approves the Minnesota Lawful Gambling Premise Pemut Application for the Minnesota National Guard Youth Camp at Shorewood Restaurant located at 6161 Highway 65 Northeast. PASSED AND ADOPTED BY THE CITY COUNCII, OF THE CITY OF FRIDLEY THIS 13�' DAY OF AUGUST 2001. ATTEST: DEBRA A. SKOGEN - CITY CLERK . � SCOTT J. LUND - MAYOR r � qT1f OF PRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 13, 2001 Name Position Donovan Captain Abbott Non-exempt Rick Sergeant Crestik Non-exempt Brian Sergeant Weierke Non-Exempt Appointment Starting Salary $67,922.64 per year $61,825.68 per year $61,825.68 per year 47 Starting Date Sept. 7, 2001 Sept. 7, 2001 Sept. 7, 2001 Reqlaces Herb Zimmerman (retirement) Robert Friis (retirement) Donovan Abbott (promotion) k � � � CRY OF FRIDLEY AGENDA ITEM COUNCIL MEETING OF AUGUST 13, 2001 CLAIMS � 00740 - i 0� i 0� .; CRY OF FRIDLEY Type of License: TEMPORARY LIQUOR Totino Grace High School 1350 Gardena Ave Fridley, MN 55432 AUCTION Totino Grace High School 1350 Gardena Ave Fridley, MN 55432 FOOD Oriental House 5865 University Ave NE Fridley, MN 55432 AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 13, 2001 LICENSES � Michelle Mueller Greg Balego Okhui L. Yang . • Approved By: Public Safety City Clerk Public Safety Public Safety Fire Inspector Fee $25 Fee Waived $45 � � .� AGENDAITEM City Councii Meeting Of Monday, August 13, 2001 Electrical Jatco Electrio Inc 1855 W 80 St Victoria MN 55386- Merit Electric Company 751 Payne Ave St Paul MN 55101- Sedgwick Heating 8 Air Conditioning 8910 Wentworth Ave S Minneapolis MN 55420- Gas Services E.L.K. Mechanical HVAC Inc 6361 Sunfish Lake Ct #100 Ramsey MN 55303- Master Gas Fitters 2240 Shawnee Dr N St Paul MN 55109 General Contractor-Commercial NA Contracting 1475 73 Ave NE Fridley MN 55432 General Contractor-Residential Gladstone's Window 8� Door (2110) 1870 English St Maplewood MN 55109- � Aletta Sateren Larry Neuman Wade Sedgwick William Kerns Dan Perzichilli Tim Van Auken Robert Long 50 • .. . -. State of M N State of MN State of M N Ron Julkowski Building Official Ron Julkowski Building O�cial Ron Julkowski Building Official State of MN Kitchens By Design (20006514) 201 Silver Lake Rd New Brighton MN 55112- Mark 111 Maintenance (6600) 4580 235 Lane NW St Francis MN 55070- Mark V Construction Inc (20181706) 531 98 Ave NE Blaine MN 55434- Murphy Bros Building (3416) 161393LnNE Blaine MN 55449 Patio Enclosures Inc (1676) 2123 Old Hwy 8 NW New Brighton MN 55112 Your Handyman I�c (20271833) 15364 7 Ave Andover MN 55304- Heatina E.L.K. Mechanical HVAC Inc 6361 Sunfish Lake Ct #100 Ramsey MN 55303- Plumbina Commercial Plbg 8� Htg Inc 24428 Greenway Ave Forest Lake MN 55025- Wreckina Johnson Julian M Construction 6190 Industry Ave NW Anoka MN 55303- � B Bryngelson Frank Markie Mark Olson John Murphy Karl Rinas Jason Edgarton William Kerns Robert Skeie Gerald Solnitzky 51 Ao�roved Bv: State of MN State of MN State of MN State of MN State of MN State of MN Ron Julkowski Building Official State of MN Ron Julkowski Building O�cial � � CITY OF FRIDLEY Dave Perkins Contracting, Inc. 14230 Basalt Street N.W. Ramsey, MN 55303 AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 13, 2001 ESTIMATES 2001 Street Improvement Project No. ST. 2001-1 EstimateNo. 3 ......................................................................................................... $141,797.00 52 � AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 13, 2001 CfTY OF FRIDLEY DATE: August 8, 2001 � TO: William W. Burns, City Manager�'�� FROM: Scott J. Hickok, Community Development Director SUBJECT: Public Hearing For Unsafe Building at 5800 Tennison Drive INTRODUCTION An unsafe building exists at 5800 Tennison Drive. Prior to the City expending public dollars to fix and then assess a property owner for unsafe conditions that are not being corrected, a public hearing must be held. Staff recommends that the City Council hold a public hearing regarding 5800 Tennison Drive for this purpose. Further, staff recommends that the Council keep the hearing open until the Hearing Officer has returned with his opinion. The August 13�' portion of the hearing will be a good opportunity for the City to hear the concerns of citizens and to allow for a staff update. ISSUES In May and June of this year, warrants were issued for 5800 Tennison based on information that animal abuse and cruelty may be occurring and based on conditions of the horne tk�at public nuisance/safety crimes were evident. The first warrant investigation revealed numerous scared and unhealthy animals living in unhealthy conditions. The owner signed the majority of the animals over to the Humane Society Officer on site. Observations and the report from this original inspection revealed that the home was unsafe and likely unfit for habitation. A second warrant was issued based on that first inspection. The resulting second inspection revealed that the home was unsafe and unfit for habitation. Officials from the Anoka County Health Department and City officials filed reports documenting what they observed during the inspections. The structure was boarded, and the owner was given a key to allow access for her workers or contractors, if she chose to rectify improper conditions through a clean-up and building correction process. 53 5800 Tennison Dr. Page 2 August 8, 2001 On July 3, 2001, Staff met with Shelly Jensen, Counsel for the owner of 5800 Tennison. She was advised that the owner had 20 days (as mandated by law) to proceed with one of the following options: 1. Correct the violations identified in a detail letter that was issued 2. Contact staff to make acceptable arrangements for an extension of time to comply with all Code requirements. 3. Apply (in writing) to the Community Development Director for a hearing in front of an independent hearing officer. Unless the owner chose to pursue option #2 or #3 shown above, the property was to be inspected on July 23, 2001, for full compliance. If any violations remained, the City would then proceed with Hazardous Building Abatement. To do that, a resolution would be required of the City to proceed. Once a resolution is approved, Anoka County Courts would be contacted and the City would request authorization by the Courts to abate and assess the property for expenses consistent with the City's abatement procedures. The hearing process is an opportunity for the owner to have the case heard by an objective 3rd party. The hearing officer will listen to all the facts and provide direction. Each inspector's list of items may be the subject of debate before the examiner. It is possible that the officer might look at the facts and disagree with some of the interpretations made or issues outlined in the inspection reports. On the other hand, the officer may entirely concur with the City's reports and position that the house either needs to be restored or removed from the site. One other possibility is that the hearing officer may assist the owner in setting out a series of benchmarks to ultimately gain compliance (much like option #2 — listed above). If this were to be the outcome, I believe the dates would need to be reasonable and approved by the City. HEARING'S RELATIONSHIP TO COUNCIL ACTION As staff understands the process from here, we will await the outcome of the hearing. If the outcome is entirely in the City's favor, we will proceed as necessary to schedule a re-inspection on the owner's property. The purpose of the re-inspection will be to certify if any changes have been made, or document outstanding issues. At the time of that re-inspection, if any violations remain, the City would proceed with the Hazardous Building Abatement process. The 54 5800 Tennison Dr. Page 3 August 8, 2001 Council's continuation of the public hearing and resolution would be required if the City Council chose to proceed with Court action. Once a resolution has been approved, the Anoka County Court system would be contacted and the City would request authorization by the Courts to abate and assess the property for expenses, consistent with the City's abatement procedures. RECOMMENDATION Staff recommends that the City Council hold a public hearing regarding this matter to receive public comment. Further, staff recommends that the Council hold the hearing open until the Hearing Officer has returned with his opinion. M-01-117 �� FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF AUGUST '13, 2001 TO: William W. Burns, City Manager FROM: � Jon H. Haukaas, Public Works Director DATE: SUBJECT: August 10, 2001 Public Hearing on Utility Project No. 342: Varichak Addition PWO1-0'77 The public hearing for Utility Project No. 342 was set for August 13, 2001 by the City Council at their July 23, 2001 meeting. This project is for the installation of water and sewer service connection lines for the two additional lots created as part of the Varichak Addition plat. The estimated construction cost plus engineering and inspection is $33,080. The actual construction costs plus engineering and inspection will be assessed to the benefitting properties. JHH:cz �� a CRY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 13, 2001 DATE: August 8, 2001 � TO: William W. Burns, City Manager ;�� FROM, SUBJECT: Introduction Scott J. Hickok, Community Development Director Public Hearing - Determination of Status of a Small Parcel of Property Within the Gateway East Development Plat A small piece of property that is owned by the City (not HRA) was included in the Gateway East Development Plat. The small parcel was never conveyed to the developer through the proper process for conveyance of City owned land. This was a developer/surveyor oversight. Issues The City acquired this 312.5 s.f. pazcel in 1969 in order to build the University Avenue Service Drive. The property was conveyed from its owners, the Schurr family, by Quit Claim deed, rather than by easement. Since the City's ownership in this small, triangular-shaped parcel was overlooked by the developer's surveyor at the time that the Gateway East property was platted and since the developer is now eager to create a clean title to the land, we are recommending that Council establish a public hearing for disposal of excess land. Since the closing on the land_�uas set and staff did not want to derail the closing yet another time, staff recommended August 13, 2001, for the public hearing and August 27, 2001 for Council action on this item. The schedule was agreed upon and the closing on the remainder of the property occurred. In retrospect, this schedule did not allow for two newspaper notices prior to the hearing on August 13. Therefore, staff recommends holding the hearing on August 13, but further recommends holding the hearing open until August 27 to allow for additional hearing advertisement. Recommendation Staff recommends that the City Council hold the public hearing, take public comment, state for the record the City's intention to declare land excess and deed to developer, and hold the hearing open to August 27 (due to notification technicality). 57 � � UfY OF FRIDLE7 � AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 13, 2001 Date: August 7, 2001 /� ) ,�l �y To: William Burns, City Manager�'f� From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Julie Jones, Environmental Planner Subject: Public Hearing Regarding Chapter 113, Solid Waste DisposaURecycling Collection Introduction For several years, staff has struggled with enforcement of Chapter 113 due to outdated and vague language related to garbage and recycling storage and collection. Last year, it was decided to place update of this portion of code in the 2001 Solid Waste Abatement Program Goals and Objectives. Action Taken Staff has prepared a draft rewrite of Chapter 113. Since the changes are so extensive, staff suggests that the current Chapter 113 be repealed and a new Chapter 113 be adopted. The Environmental Quality and Energy Commission reviewed the draft rewrite of Chapter 113 at their July 17 meeting and made some suggestions for minor changes, which staff has incorporated into the attached draft. The Planning Commission reviewed the draft code language at their July 18 meeting. There were also some suggestions for changes at that meeting that were similar to those made by the EQEC. Both commissions recommended approval. Following these two meetings, staff has met again to agree upon the language, which is contained in the attached draft, for the City Council's consideration. An article (attached) regarding changes to Chapter 113 is scheduled to appear in the August city newsletter, and the code draft is also being mailed to the licensed haulers. Changes Proposed There are many changes proposed in the revised Chapter 113 with the following goals in mind: 1. Protect Fridley property owners from untidy neighbors 2. Improve multi-family recycling rates 3. Provide clear language that can be easily understood and will stand up in court 4. Disguise garbage containers from the public's view 5. Reduce litter The most dramatic code changes proposed include: ■ Allowing garbage containers in excess of 32 gallons in size and allowing curbside placement of containers the day of collection, but requiring screening of such containers : between collections (Sections 113.04 & 113.07.2) Disallowing placement of bagged yard wastes at the curb more than 24 hours before collection (Section 113.06) Requiring screening/enclosures for all box-type garbage containers (Section 113.07) Taking the recycling service fee rate that residents must pay out of the code, and instead give the City Council the authority to set that rate by resolution (Section 113.11) Recommendation Staff recommends that the City Council set a public hearing date of September 10 for this text amendment: The first reading can also occur on September 10. At the time of the second reading, the City Council will also need to consider a resolution setting the recycling fee that residents pay on their utility bills, which is being removed from the ordinance (see Sec. 113.11). Staff is not recommending increasi�g that fee until at least January 2002. C��, � ORDINANCE NO. ORDINANCE AMENDING THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA, TO REPEAL CHAPTER 113, ENTITLED "SOLID WASTE DISPOSAL AND RECYCLING COLLECTION" AND ADOPT A NEW CHAPTER 113, ENTITLED "SOLID WASTE DISPOSAL AND RECYCLING COLLECTION" The City Council of the City of Fridley herby ordains the following: SECTION 1. That Fridley City Code Chapter 113, entitled Solid Waste Disposal and Recycling Collection be hereby repealed in its entirety; SECTION 2. That Fridley City Code is amended to include a new Chapter 113 Entitled Solid Waste Disposal and Recycling Collection. FRIDLEY CITY CODE CHAPTER 113. SOLID WASTE DISPOSAL AND RECYCLING COLLECTION (Ref. 585, 630, 838, 955, 962, 968, 1013, 1019, 1111, 1122) 113.01. DEFINITIONS The following definirions shall apply in the interpretation and enforcement of this Chapter and the following words and terms wherever they occur in this Chapter aze defined as follows: Approved. Accepted by the City following its determination as to compliance with established public health practices and standards. 2. Commercial Establishment. Any premises where a commercial or industrial enterprise of any kind is carried on and shall include, but is not limited to, clubs, churches and establishments of nonprofit organizarions where food is prepared or served or goods aze sold. 3. Compost. A mixture of decaying organic matter in a contained area. 4. Composting. Any above ground microbial process that converts yard waste and other materials idenrified in Section 113.10(1) to organic soil additive or mulch by decomposition of material through an aerobic process providing adequate oxygen and moisture. •1 5. Dwelling Unit. A separate residential dwelling place with a kitchen. 6. Mixed Municipal Solid Waste. Garbage, refuse, and other solid waste, except construction and demolirion waste, from residential, commercial, industrial, and community activities that the generator of the waste aggregates for collection, as defined in Minnesota State Statutes Chapter 115A. 7. Multiple Dwelling Unit. A residential structure with five or more dwelling units. 8. Person. Any person, firm, partnership, association, corporation, company or organizarion of any kind 9. Public Nuisance A condition which unreasonably annoys, injures or endangers the safety, health, comfort, or repose of a considerable number of inembers of the public. 10. Recyclable Materials. Materials that are separated from mixed municipal solid waste for the purpose of recycling, including, but not limited to, metal, paper, glass, plastics, and textiles. Refuse-derived fuel or other material that is destroyed by incineration is not a recyclable material. 11. Recycling The process of collecting and preparing recyclable materials and reusing the materials in their original form or using them in manufacturing processes that do not cause the destruction of recyclable materials in a manner that precludes further use. 12. Recycling Collector. Any person or entity engaged in collecting, transporting, and processing of recycled materials from residential or commercial sites in the City. 13. Residential Properties. Attached and detached single -, double -, triple - and quadruple -dwelling units and mobile homes. 14. Solid Waste. Garbage, refuse, construction and demolition debris and other discarded matter in solid form, but not including hazardous waste. 61 15. Yard Waste. Grass clippings, leaves, herbaceous garden wastes, and tree waste. 113.02 SOLID WASTE DISPOSAL It is unlawful for any person to throw or deposit solid waste, yard waste, tree waste or recyclables on any property within the City, except that the owner may maintain receptacles for collection of such items, provided such receptacles meet the requirements of Sections 113.04, 113.05, and 113.06. The owner of any private property, whether occupied or vacant, shall at all times maintain the premises free of litter. No person shall dispose of solid waste upon any lands in the City of Fridley, except that composting may be conducted if in full accordance with the terms of Section 113.10. 113.03 FREQUENCY OF COLLECTION Mixed municipal solid waste must be collected a minimum of once a week, or more frequently if necessary, by a licensed collector from all property within the City. 113.04 RESIDENTIAL SOLID WASTE CONTAINERS REQUIRED The owner of any dwelling unit must provide and maintain on premises sufficient containers for the storage of all solid waste accumulated on the premises between collections. Each such container shall be durable, watertight, impervious to insects and rodents, and shall have a right-fitting lid. 113.05 COMMERCIAL SOLID WASTE CONTAINERS REQUIRED All commercial establishments and multiple dwelling units that generate more than one (1) cubic yazd of solid waste per week shall provide bulk or box type solid waste storage containers of sufficient size for the storage of all solid waste accumulated on the premises between collections. Such containers must be durable, watertight, impervious to insects and rodents, and shall have a tight-fitting lid. Such containers must be accessible to collection equipment and cannot require intermediate transfer. 113.06 CONTAINMENT OF YARD WASTE Yard waste may be stored in containers, bags, or bundles until the next available collection, but not longer than five months. Yard wastes, prepared for collection, must be screened from view of a public right-of- way other than a 28 hour time period weekly for curbside collection. 113.07 CONTAINER SCREENING 1. Commercial Establishments and Mulriple Dwelling Units Any bulk or box type container used for the storage of mixed municipal solid waste, recyclables, or compostables must be screened from view of the public right-of-way. Recycling containers less than one (1) cubic yard in capacity do not need to be screened from view of the public right-of-way, but must be placed on a paved surface. Baled recyclables must be stored out of view from the public right-of-way other than a 24-hour time period before a scheduled collection. Screening shall consist of a solid fence or wall not less than six (6) feet high in the side and rear yazds and shall not extend to within fifteen (15) feet of any "street right-of-way" line. Plantings may also be 62 required in addition to, or in lieu of, fencing. The type, size and locarion of such plantings must be approved by the City. The screening requirements shall be satisfied by the use of a screening fence or planting screen according to the following standards: (a) Plantings shall not be placed so as to obstruct lines of sight at street comers and driveways. (b) A screening fence shall be attractive and compatible with the principal building and the surrounding land use. (c) A planting screen shall consist of a closely grown hedge, a row of trees, evergreens or other vegetation approved by the City. (d) If the topography, natural growth of vegetation, permanent buildings or other barriers - meet the standards for screening as approved by the City, they may be substituted for all or part of the screening fence or planting screen. (e) If a four-sided enclosure is necessary to screen a solid waste container from the public right-of way, constructed doors, allowing for removal of the container, must be constructed of durable material and be maintained in workable condition. 2. Residential Properties Containers used for the storage of mixed municipal solid waste, recyclables, and compostables must be screened from view of a public right-of-way other than a 28 hour time period weekly for collection. Materials may be placed at the curb, but not in the public drive area of the right-of-way, for collection by a licensed collector from S:OOpm the day prior to collection unti19:00pm the day of collection. 113.08 CONSTRUCTION WASTE BINS An uncovered bulk or box type waste storage bin may not be located on any premises for the purpose of collecting construction waste for more than three (3) consecutive months during any 12-month period. 113.09 YARD WASTE COLLECTION A person may not place yard waste in mixed municipal solid waste, in a disposal facility, or in a resource recovery facility except for the purpose of reuse, composting, or co-composting, in accordance with Minnesota Statutes Chapter 115A.931. 113.10 CONIPOSTING Composting is pernutted on residential properties provided all the following conditions are met. Composting is also permitted on publicly-owned properties, for educational purposes, according to the same guidelines. 1. Only the following materials may be placed in a compost azea: grass clippings, leaves, herbaceous garden wastes, raw fruit and vegetable food scraps, chipped tree waste, sawdust, evergreen cones and needles, or additional materials approved by the City and the collector. Under no circumstances may any of the following items be placed in a compost area: meat, bones, grease, eggs, dairy products, or human or pet feces. 2. A compost area must be fully confined within a fenced area or enclosed structure. 3. A compost area must be located and designed so that seepage from the compost will not funnel off into public or private streets, storm sewers, drainage ditches, water retention basins, wetlands, �� streams, lakes, or ponds. No compost container may be placed within twenty-five (25) feet of any body of water or azea designated as flood plain, shoreland or state protected wetlands. 4. A compost area may not be located in any front yard and must be at least five (5) feet from any side or reaz lot line and be no closer than 20 feet from any dwelling unit located on adjacent property. 5. A compost area may not exceed 5 cubic yazds in volume and may not exceed five (5) feet in height. 6. The compost must be managed according to standard compost practices, which includes providing air circularion within the compost structure to prevent combustion and aerarion often enough to prevent the generation of odors and the generarion of a public nuisance. 113.}1 SOLID WASTE ABATEMENT PROGRAM AND FEE In order to meet the requirements of State Waste Abatement Laws, the City of Fridley has established a Solid Waste Abatement Program (SWAP). This program includes residential curbside recycling collecrion services and other programs approved by the City that provide means for Fridley residents to reduce their amount of waste. In order to fund these waste abatement programs, the City of Fridley charges a solid waste abatement fee on the utility bills of each single through 12-unit dwelling unit provided recycling service by the City. The amount of the fee is set by resolution by the City Council. Solid Waste Abatement Fee revenues shall be placed in the Solid Waste Abatement Fund and shall only be expended on solid waste program activities. 113.12 RECYCLING COLLECTION The City of Fridley will provide for the collecrion of recyclables from all single through 12-unit multiple dwellings as required in Chapter 115A of Minnesota State Statutes. Owners of multiple dwelling structures of 13 or more units shall provide at least monthly collection of four (4) broad categories of recyclables. Recycling categories include, but are not limited to, paper, glass, plastic and metal. Owners of multiple dw•elling structures must also ensure and annually provide evidence to the City that their tenants are informed at time of occupancy and, in addition, at least once per yeaz as to the availability of recycling collection on site. Containers designated for the collection of recyclables at a multiple dwelling unit must be clearly labeled as to what materials may be placed in it and the containers must be placed in a location that is as convenient to use as the solid waste collection containers on site. Recycling containers must also be kept accessible year-round, including the rem�vai-of snow within 24 hours after a snowfall of more than 3 inches. 113.13 SCAVENGING It shall be unlawful for unauthorized persons to collect, remove or dispose of recyclable materials after said materials have been placed or deposited for collecrion without a license from the City and an account relationship wzth the owner or occupant of the premises. Responsibility for and ownership of recyclable materials remains with the person who placed the materials out for collection until collected by a licensed recycling collector, at which time, the ownership and responsibility passes to the recycling collector. 113.14 RECYCLING AND SOLID WASTE HAULERS' REGULATIONS 1. License Requirement. •' No person shall engage in collecting or conveying solid waste or recyclable material from any premises, other than their own dwelling unit, in the City unless that person holds a valid license hereunder. Each such vehicle so used must be licensed. 2. License Classifications. Applicants for licenses issued hereunder shall be issued for the following classes of operarions: Class I- Residential Solid Waste Collection Vehicle Class II - Commercial Solid Waste Collection Vehicle Class III - Recycling Collecrion Vehicle Class N— Construction and Demolirion Waste Transport Vehicle 3. License Procedure. A. The provisions of Chapter 11, License and Pemut, of the City Code, including the license fee shall apply to all licenses required by this Chapter and to the holders of such license. The term of each license hereunder shall be for not more than one year and shall expire on Apri130 each year. The application for license or renewal of license shall contain a description of the types and makes of the motor vehicles used for collection, a description of what types of collecrion services will be provided, approximate number of customers served, schedule of charges which will be made for hauling, a schedule of residential solid waste collection routes, and location of where the material collected will be disposed of, and any other information the City of Fridley shall require. B. Applicants for all license classificarions shall file with each application a certificate of insurance for general liability coverage for the licensee of at minimum $500,000 per occurrence and automobile liability coverage for each vehicle to be used in the amount of $500,000 or more per accident. Every licensee shall also carry Workers' Compensation Insurance for all of its employees. Each policy shall provide that it shall not be cancelled or temunated for any reason without at least ten (10) days written notice thereof first being given to the City. C. Applications for license hereunder shall be submitted to the City for review and recommendation. If the City Council is satisfied that the health, safety and welfaze of the public will be served, it may grant a license to any such application meeting the requirements of this Chapter. 4. Hours of Collection. No person engaged in hauling solid waste or recyclable material from residenrial azeas within the City of Fridley shall do so before 6:30 A.M. or after 8:30 P.M. Monday through Saturday. Furthermore, hauling from commercial, business, industrial, or other such establishments shall not create a nuisance for, adjacent residential areas. 5. Vehicles. A. Each vehicle for which a license is applied for or which is licensed may be subject to a visual inspection by the City at the annual renewal date and at all reasonable times. Any such vehicle, while it is used by the licensee in the City of Fridley, shall have the name of the licensee clearly printed on both sides. Said lettering shall be at least three (3) inches in height and the color of the lettering and of the background shall be contrasting. 65 B. Each vehicle used to haul mixed municipal solid waste in the City of Fridley shall be licensed by the regional waste authority and such license shall be maintained for the entire term of the City license. Each licensed vehicle shall have attached a decal issued by the base County, showing the current regional registration. Each vehicle used to haul recyclables or construction/demolirion waste in the City of Fridley must display the decal issued by the City of Fridley. Expired or otherwise invalid decals shall be removed from the vehicle. G. Each vehicle licensed for hauling solid waste or recycling must have a right cover that is operated and maintained as to prevent offensive odors or spillage. The loading space of every solid waste vehicle licensed hereunder shall be leak proof. Every vehicle shall be equipped with the necessary hand tools for cleaning up spills. D. Every vehicle licensed hereunder shall be kept well painted, clean and in good repair. Every such solid waste vehicle used for collecting solid waste or recyclables shall be cleaned every week, or more often if necessary, to prevent persistent odors. E. Recyclables and solid waste shall be loaded so that none of such materials can jaz loose and fall to the ground or street when the vehicle is in motion. Loose paper, trash, and similar materials shall be so secured that they cannot be displaced by the wind or fall out of the vehicle. F. All licensed vehicles shall be equipped with a back-up warning device that complies with all applicable OSHA, Minnesota Statutes, or Minnesota Department of Transportation regulations. G. No person shall at any time pazk or store any recycling or solid waste collection vehicle on any premises zoned for use as a single or multiple residence dwelling, within one hundred (100) feet of any aforemenrioned premises, or within two hundred (200) feet of any food establishment, for purpose other than, or for periods inconsistent with, providing recycling or solid waste collection at said premises. No person shall at any time park or store any loaded or partially loaded recycling or solid waste collection vehicle on any premises within the City, except for the purpose of and for periods consistent with, providing recycling or solid waste collection at that pazcel of property. 6. Container Placement Containers used for the storage and collection of solid waste, recyclables, or yard wastes must be returned to the private driveway of the customer and cannot be retumed to the public drive area of a public drive azea upon collection of the container contents. 7. Volume Based Fees. As required by Minnesota Statutes Chapter 115A.93, Subd.3, the City requires all licensed solid waste haulers to establish a volume-based or weight-based fee system for all customers. This means a licensee has established a multiple unit pricing system that ensures that amounts of waste generated in excess of the base unit amount are priced higher than the base unit price. In addition, any licensee offering use of solid waste storage carts to their customers must also give customers a choice of a cart size less than 60 gallons in size upon request. • . 8. Disclosure of Waste Destination. As required in Minnesota State Statutes 115A.9302, any person licensed to transport solid waste in the City of Fridley must disclose the final destination(s) of that waste to their customers on an annual basis. 9. Recycling Requirements P� recycling collector contracting to collect recyclables from any mulri-dwelling unit account in the City of Fridley must collect a minimum of four (4) broad categories of recyclables, according to Section 113.10 of this code. The collection of newspaper, mixed paper, and corrugated cardboard is all one paper category. Collected recyclable materials shall be recycled and may not be disposed of in any solid waste facility without authorizarion from the appropriate State agency and the City. If recyclables placed out for collection are significantly contaminated with non- recyclable materials, the recycling collector shall notify the property owner of the contamination problem and refuse to collect the recyclables until the unacceptable material is removed. 10. Reports. All applicants for licenses hereunder who provide recycling collection services to multiple dwelling units in the City shall submit semi-annual reports to the City detailing the weight of recyclables by material type collected. A report for January through June recycling collections shall be submitted by the following July 15. A report for recycling collecrions from July through December shall be submitted by the following January 15. 11. Revocation of License Any license issued hereunder may be revoked or suspended by the City Council for any of the following causes following a hearing before the City Council upon due notice to the licensee, stating the time and place of such hearing, together with a statement of the violation alleged to be the cause for the revocation or suspension of the license. A. Fraud, misrepresentation, or inconect statement contained in the application for license, or made in carrying on the licensed activity. B. Conviction of any crime or misdemeanor pertaining to license held. C. Conducting such licensed activity in such manner as to constitute a breach of the peace, or a menace to the health, safety and welfare of the public, or a disturbance of the peace or comfort of the residents of the City, upon recommendation of the appropriate City official. D. Expiration or cancellarion of any required bond or insurance, or failure to notify the City within a reasonable time of changes in the terms of the insurance or the carriers. E. Actions unauthorized or beyond the scope of the license granted. F. Violation of any regulation or provision of this code applicable to the activity for which the license has been granted, or any regulation or law of the State so applicable. G. Failure to continuously comply with all conditions contained in this Code. 67 113.15 FEES The license fee and expirarion date shall be provided in Chapter 11 of Fridley City Code. 113.16 PENALTIES Any violation of this Chapter is a misdemeanor and subject to all penalties provided for such violation under the provisions of Chapter 901 of this Code. SECTION 3. Thaf Fridley City Code Chapter 11, entitled General Provisions and Fees, be amended as follows: 113 , RecvclinQ and Solid Waste Providers $60 for the first truck and $15 each addirional truck PASSED AND ADOPTED BY TAE CITY COUNCIL OF THE CITY OF FRIDLEY THIS _ DAY OF 2001. ATTEST: DEBRA A. SKOGEN — CITY CLERK Public Hearing: First Reading: Second Reading: Publication: • : SCOTT J, LLJND- MAYOR i � � CRY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 13, 2001 Date: August 8, 2001 � To: William Burns, City Manager NC1� �� From: - Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Bulthuis, Planner RE: Public Hearing for ZTA #01-04 M-01-113 INTRODUCTION City Staff is requesting consideration of a text amendment to the City Code that will eliminate section 205.04.08 of the Zoning Code, "Fire Protection Requirements" and portions of Chapter 603.03, "Intoxicating Liquor, Application." Both of these sections will then be replaced by adopting Chapter 1306, entitled "Special Fire Protection Systems" of the Minnesota State Building Code by amending Chapter 206 of the City Code. ISSUES • The current sprinkler ordinance 205.04.08 applies to all commercial and industrial uses and sprinkler systems for new construction or alterations where buildings exceed 10,000 square feet for one-story and 20,000 for multiple story buildings. The current Fridley ordinance is inconsistent with the State regulations and is unenforceable. -- — • Proposed Chapter 1306 of the Minnesota State Building Code establishes sprinkler system requirements based on occupancy and square footage combined. • Chapter 1306 gives cities a 2,000 or 5,000 square foot option of requiring sprinkler systems in factories, warehouses and rental occupancies. This 2,000 or 5,000 square foot option is truly the only latitude the City of Fridley has in this decision- making process. All other Chapter 1306 language must stay intact and unchanged. PLANNING COMMISSION ACTION At the July 18, 2001 Planning Commission meeting, a public hearing was held for ZTA #01-04. After reviewing the staff report and hearing from City Staff, a motion was made to recommend the approval of the proposed Zoning and City Code text amendments as presented. THE MOTION GARRIED UNANIMOUSLY. � ZTA #01-04 Page 2 August 10, 2001 STAFF RECOMMENDATION City Staff recommends that the City Council hold the public hearing and receive public comment for ZTA #01-04. City Staff further recommends concurrence with the Planning Commission in requiring sprinkler systems in the uses where the building exceeds 2,000 square feet and adopting the remaining language in Chapter 4306. 70 Ordinance No. AN ORDINANCE AMENDING CHAPTERS 205, 206, AND 603 OF THE FRIDLEY CITY CODE PERTAIl�1ING TO FIRE PROTECTION REQUIREMENTS THE CITY COUNCIL OF THE CITY OF FRIDLEY HEREBY FINDS AND ORDAINS, AFTER REVIEW, EXAMINATION AND STAFF RECOMMENDATION THAT CHAPTERS 205, ZONING, 206, BUILDING CODE, AND 603, INTOXICATING LIQUOR, OF THE FRIDLEY•CITY CODE BE AMENDED AS FOLLOWS: SECTION 1 That Ghapter 205 be amended by deleting the following language: Chapter 205. Zoning 205.04 General Provisions • • ••• •. !_� ! „_. o. -- � �� - o - � �� _ . _ _ . - ' - - • „ „ . . � � . _ � �� - - � - - - - � - - - - - �- - -- � �� -- — � � � . - - ' - - ' - - o �� - - • - - - - - . �. - SECTION 2 That Chapter 603 be amended by deleting the following language: Chapter 603. Intoxicating Liquor 603.03 Application 14. Whenever the applicant for an "on-sale" license to sell intoxicating liquor is made for a proposed or existing establishment, the following items are to be provided with the application: 71 Ordinance No. Page 2 �. Site plans for the premises indicating property and building location, parking area, landscaping and screening. Minimtun parking requirements are to be ratio of one (1) ten by twenty (10 x 20) foot parking stall for every three (3) seats of total seating capacity. � Plans and specifications for the proposed establishment e� or for enlargement, alteration or extension of an existing establishment, showing floor plans with total seating capacity_ « ,� lini�nr no4o��ie�mun4e rr»�a* ++rnc�i�n o ar�rtir��r�nr e<�o4nm ii�r �nn�4i� n��ntcs _ 15. Other requirements are: e A �� r. �.��c.o� no4n��io�mnn4a �nf��riou� +� runuivn o �ini��r �innr�ev o�f�� a i"t ra�nn�rnri *n��no+�� r�rir�r�nr ovo4nm �nr�r�rt ir��t�o� n�r+o4+�inti�r ��t�n h"�1� � A�� uv�n4i�n uo4n��io�mnn4c� nnt mirrnn4�v �r� r�.�oevaoi�r+ �� nit�+� �innnon <vi4�ir� t�i�� %1 vaoro r�f *�n �otn ni4�u iomionna ��4�n �in»nr �inanev �A �� n io4ir�r' no4n�jioL�mur�ta ++rnonnt�v +r+ r+�oonooi�n ni� �imi�r �innr�cn �ii4 � - •v�n rin n�* �ovn o cr�rinLlnr ovotum rr+��o* ir�o+o�� o++rinv�nr avef�nm �sri4i�in .� 4�rnn �Zi vnnr �nr�� rnm i�n �004 ��4n n�rnnn�i»� �it�n ��n��r I1l�L1TQP �, A. All plans and specifications must be reviewed and approved by the Building Inspection Department before issuance of a building permit. (Ref. 579) �. B. Such other information as the City Council shall reasonably require. SECTION 3 That Chapter 206 be amended to include Chapter 1306 of the Minnesota State Building Code, with the selection of Item 8 as the municipal option for sprinkler system requirements; and by reformatting the lettering system to allow the addition of Chapter 1306 in numerical order. Chapter 206. Building Code 206.01 Building Code: 2. The following chapters of the Minnesota State Building Code including the following chapters of Minnesota Rules are adopted by the City: E. Chapter 1306 — Special Fire Protection Systems �. F. Chapter 1307 — Elevator and Related Devices �, G. Chapter 1315 —1996 National Electrical Code �, H. Chapter 1325 — Solar Energy Systems �. I. Chapter 1330 — Fallout Shelters �. J. Chapter 1335 — Floodproofing Regulations dT K. Chapter 1340 — Facilities for the Handicapped �, L. Chapter 1346 — Minnesota 1991 Uniform Mechanical Code 72 Ordinance No. �, M. �14. N. �. O. 9�. P. �. Q Q. R. Chapter 1350 — Manufactured Homes Chapter 1360 — Prefabricated Buildings Chapter 1361 — Industrialized/Modular Building Chapter 1370 — Storm Shelters Chapter 4715 — Minnesota Plumbing Code Chapter 7670 — Minnesota Energy Code Page 3 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 2001. GY��.�� DEBRA A. SKOGEN — CITY CLERK Public Hearing: First Reading: Second Reading: Publication: 73 SCOTT J. LUND - MAYOR C$APTER 1306 DEPARTN�EN'P OF ADMINISTRATION MINNESOTA STATE BIIILDING CODE SPBCIAL FIRE PROTECTION SYSTEMS 1306.0100 SPECIAL FIAE PROTECTION SYSTEMS (OPTIONAL). 1306.0100 SPECIAL FIRE PROTECTION SYSTEMS (OPTIONAL). .Subpart 1. General. This part authorizes optional provisions for the installation of on-premises fire suppression systems in new buildings, buildings increased in floor area, and buildings which have the occupancy classification changed. = Subp. 2. Municipal option. The sprinkler system requirements in subpart 3 may be adopted with the selection of either item "8" or item "8a" based on local fire suppression capabilities, but without further change by a municipality which has adopted the code. When adopted, the requirements are applicable throughout the municipality for new buildings, buildings increased in floor area, and buildings which will have the occupancy classification changed. Subp. 3. Requirements. Automatic sprinkler systems must be installed and maintained in operable condition in buildings in the occupancy classifications listed in items 1 through 11. For purposes of this chapter, area separation walls do not establish separate buildings. The square footage requirements stated in the following items establish the threshold where the provisions apply; in the case of mixed occupancies the threshold number of the most restrictive occupancy applies to the entire building, except for minor additions that do not increase the occupant load or significantly increase the fire load. 1. Group A-1 occupancies. 2. Group A-2 occupancies with an occupant load of 300 or more. 3. Group A-2.1 occupancies. 4. Group A-3 occupancies with an accumulative occupant load of 300 or more. 5. Group S-3 service stations with 3,000 or more gross square feet of floor area, not including canopies. 6. Group S-3 parking garages with 5,000 or more gross square feet of floor area. 7. Group B offices and postsecondary classrooms with 8,500 or more gross feet of floor area or three or more stories in height. 8. Group M mercantile, S storage, or F factory occupancies with 2,000 or more gross square feet of floor area or three or more stories in height. 8a. Group M mercantile, S storage, or F factory occupancies with 5,000 or more gross square feet of.floor area or three or more stories in height. 9. Group E-1 and E-2 occupancies with 5,500 or more gross 74 147 square feet of floor area or two or more stories in height. 10. Group E-3 occupancies with an occupant load of 30 or more. 11. Group R-1 apartment houses, hotels, and motels with 8,500 or more gross square feet of floor area or with dwelling units or guest rooms on three or more floors. Subp. 4. Standard. Automatic sprinkler systems must comply with the applicable standard referenced in UBC Section 904. When a public water supply is not available, an alternate on-site source of water supply which meets with the approval of the building official and fire chief shall be provided. Subp. 5. Substitute construction. The installation of an - automatic sprinkler system as required by this chapter does not preclude the substitution of one-hour fire-resistive construction as permitted in UBC Section 508. SA: MS s 168.61 HIST: 19 SR 1340 148 75 � DEFINITIONS OF OCCUPANCIES AS SHOWN IN CHAPTER 1306 Defined as listed in Chapter 1306 Group A occupancies: Assembly Chapter 1306 applies to these classifications: A-1 (1306.1): A building or portion of a building having an assembly room with an occupant load of 1,000 or more and a legitimate stage. A-2 (1306.2): A building or portion of a building having an assembly room with an occupant load of less than 1,000 and a legitimate stage. A-2.1 (1306.3): A building or portion of a building having an assembly room with an occupant load of 300 or more without a legitimate stage, including such buildings used for educational purposes and not classed as Group B or E occupancies. A-3 (1306.4): A building or portion of a building having an assembly room with an occupant load of less than 300 without a legitimate stage, including such building used for educational purposes and not classed as Group B or E occupancies. The accumulative occupant load in the entire structure may total 300 or more. Group S occupancies: Use of a building or structure, or a portion thereof, for storage not classified as a hazardous occupancy. Chapter 1306 specifically applies t� these occupancies: S-3 Service Stations (1306.5): Repair garages where work is limited to exchange of parts and maintenance requiring no open flame or welding, motor vehicle fuel-dispensing stations, and parking garages not classed as Group S, Division 4 open parking garages or Group U private garages — 3,000 or more gross square feet, not including canopies. S-3 Parking Garages (1306.6): 5,000 or more gross square feet of floor area. Group B occupancies: Buildings, structures, or portions thereof, for office, professional or service type transactions, which are not classified as Group H occupancies. Chapter 1306 specifically applies to these occupancies: (1306.7) Applies to offices and postsecondary classrooms with 8,500 or more gross feet of floor area or three or more stories in height. 76 Group M occupancies (1306.8): Buildings, structures, or portions thereof, used for the display and sale of inerchandise, and invloving stocks of goods, wares or merchandise incidental to such purposes and accessible to the public. Chapter 1306 specifically applies to all Group M occupancies over the selected square footage. Group S occupancies (1306.8): See above Chapter 1306 specifically applies to all Group S occupancies not previously listed and over the selected square footage. Group F occupancies (1306.8): Includes the use of a building or structure, or a portion thereof, for assembling, disassembling, fabricating, finishing, manufacturing, packaging, repair or processing operations that are not classified as Group H occupancies. Chapter 1306 specifically applies to all Group F occupancies over the selected square footage. Group E occupancies: Educational occupancies Chapter 1306 applies to the following Group E occupancies meeting the stated requirements. Group E-1 occupancies (1306.9): Any building used for educational purposes through the 12�' grade by 50 or more persons for more than 12 hours per week or four hours in any one day with more than 8,500 or more gross square feet of floor area or two or more stories in height. Group E-2 occupancies (1306.9): Any building used for educational purposes through the 12�' grade by less than 50 persons for more than 12 hours per week or four hours in any one day with more than 8,500 or more gross square feet of floor area or two or more stories in height. Group E-3 occupancies (1306.10): Any building or portion thereof used for day-care purposes for more than six persons. NOTE: Chapter 1306 only applies when the occupant Ioad is 30 persons or more. Group R occupancies: Residential occupancies Chapter 1306 applies to the following Group R occupancies: Group R-1 (1306.11): Apartment houses, hotels, and motels with 8,500 or more gross square feet of floor area or with dwelling units or guest rooms on three or more floors. 77 / AGENDA ITEM ` CITY COUNCIL MEETING OF AUGUST 13, 2001 CITY OF FRIDLEY Date: 8/13/O1 To: William Burns, City Manager ��`' From: Scott Hickok, Community Development Director Paul Bo�in, Planning Coordinatar Stephanie Hanson, Planner RE: Public Hearing for ZTA #01-03 M-01-98 INTRODUCTION City Staff is requesting a zoning text amendment that will recognize fratemal organizations as a permitted Special Use in the R-3 district. This change will only be applied to the R-3 districts and a definition of Fraternal Organizations will be added to section 205.03, Definitions. PLANNING COMMISSION ACTION At the July 18, 2001 Planning Commission meeting, a public hearing was held for ZTA #O 1-03. 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 STAFF RECOMMENDATION City Staff recommends the public hearing for ZTA #O1-03. City Staff further recommends concurrence with the Planning Commission in approval of ZTA #01-03. : ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 205 OF THE FRIDLEY CITY CODE PERTAINING TO FRATERNAL ORGA1vIZATIONS SPECIAL USE PARKING IN R-3 DISTRICTS The City Council of the City of Fridley hereby finds, after review, examination and recommendation of staff that Chapter 205, Zoning, of the Fridley City Code be amended to allow the parking of trailers by a fraternal organization for fundraising purposes and hereby ordains the following: Section 1 That section 205.03.28 is hereby amended as follows: 205.03. Definitions (28) Fraternal Or�anization A�roup of people formallv or�anized for a common interest, usuallv cultural, reli�ious, or entertainment, with re�ular meetin�s and formal written memberships. Section 2 That section 205.09. R-3 GENERAL MULTIPLE DWELLING DISTRICT REGULATIONS is hereby amended as follows: 205.09.01 USES PERMITTED C. Uses Permitted With A Special Use Permit. (13) Trailers for use bv a fraternal or�anization for fundraisers, provided the trailers are screened from the ri�ht-of-wav and adiacent land-uses do not adverselv impact uarkin�, provided the or�anizations use of the trailers meet the followin� standards: (a) Number of trailers shall not, at anv time, exceed three (3). (b) Trailer size shall not exceed Minnesota Department of Transportation standards for enclosed trailers. (c) Trailers shall be enclosed-tme allowin� contents to be screened on-site and from adiacent pronerties. 79 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 2001. ATTEST: DEBRA A. SKOGEN — CITY CLERK Public Hearing: August 13, 2001 First Reading: August 13, 2001 Second Reading: Publication: : 1 SCOTT J. LUND — MAYOR COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION Memorandum DATE: July 18, 2001 TO: William Burns, City Manager FROM: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stephanie Hanson, Planner SUBJECT: Proposed Zoning Text Amendment to recognize fraternal organizations as a permitted Special Use in the R-3 district. Introduction City staff is requesting consideration of a text amendment to the City Zoning code that will recognize fraternal organizations as a permitted Special Use in the R-3 district. This change will only be applied to R-3 districts and a definition of Fraternal Organizations will be added to section 205.03, Definitions. Background For over 30 years, Knights of Columbus (K of C) has been giving back to the City of Fridley through fundraising programs such as delivering Christmas food baskets, sponsoring Clean the Highway, the annual Tootsie Roll Drive to benefit the mentally handicapped and the KC Picnic. In years past, the organization has allowed USWEST to use a portion of their parking lot for temporary storage of a semi trailer. This trailer functions as the distribution warehouse for the latest phone books. The crews come to the site, pick up the books and leave to deliver them. The yearly distribution of the books allows the fraternal organization to raise additional money to supplement their charitable contribution budget. In 1999, staff was made aware of the parking of the trailers and the organization was asked to discontinue this because it is against city ordinance to do this type of thing. Each year, USWEST contacts the organization regarding trailer placement and every year the organization has to turn down the opportunity to raise additional money because of the city ordinance. Why the Chanqes? Recognizing fraternal organizations as a permitted Special Use in the R-3 districts will allow the organization to raise additional funds and to ensure the continuation of charitable contributions to the community. : Recommendations City Staff recommends the approval of the proposed zoning text amendment to recognize fraternal organizations as a permitted Special Use in the R-3 district. Staff also recommends the approval of Fratemal Organizations being defined in section 205.03, Definitions. Attached is the proposed text amendments. : / AGENDA ITEM � CITY COUNCIL MEETING OF AUGUST 13, 2001 UfY OF FRIDLEY Date: 8/13/O1 �� To: William Burns, City Manager �'1` From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stephanie Hanson, Planner RE: First Reading for ZTA #01-03 M-01-99 INTRODUCTION City Staff is requesting a zoning text amendment that will recognize fraternal organizations as a permitted Special Use in the R-3 district. This change will only be applied to the R-3 districts and a definition of Fraternal Organizations will be added to section 205.03, Definitions. PLANNING COMMISSION ACTION At the July 18, 2001, Planning Commission meeting, a public hearing was held for ZTA #01-03. 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 STAFF RECOMMENDATION City Staff recommends holding the first reading of ZTA #01-03. City Staff further recommends concurrence with the Planning Commission in approval of ZTA #01-03. : ORDINANCE NO. AN ORDINANCE AMENDING GHAPTER 205 OF THE FRIDLEY CITY CODE PERTAINING TO FRATERNAL ORGANIZATIONS SPECIAL USE PARKING IN R-3 DISTRICTS The City Council of the City of Fridley hereby finds, after review, examination and recommendation of staff that Chapter 205, Zoning, of the Fridley City Code be amended to allow the parking of trailers by a fraternal organization for fundraising purposes and hereby ordains the following: Section 1 That section 205.03.28 is hereby amended as follows: 205.03. Definitions (28) Fraternal Organization A�roup of peoule formallv or�anized for a common interest, usuallv cultural, reli�ious, or entertainment, with reQUlar meetin�s and formal written memberships. Section 2 That section 205.09. R-3 GENER.AL MULTIPLE DWELLING DISTRICT REGULATIONS is hereby amended as follows: 205.09.01 USES PERMITTED C. Uses Permitted With A Special Use Permit. (13) Trailers for use bv a fraternal or�anization for fundraisers, provided the trailers are screened from the ri�ht-of-wav and adiacent land-uses do not adversely imnact narkin�, nrovided the or�anizations use of the trailers meet the followin� standards: (a) Number of trailers shall not, at anv time, exceed three (3). �b) Trailer size shall not exceed Minnesota Denartment of Transuortation standards for enclosed trailers. (c) Trailers shall be enclosed-tvpe allowin� contents to be screened on-site and from adiacent properties. :� PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 2001. ATTEST: DEBRA A. SKOGEN — CITY CLERK Public Hearing: August 13, 2001 First Reading: August 13, 2001 Second Reading: Publication: : SCOTT J. LUND — MAYOR CITY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 13, 2001 INFORMAL STA7'US RL'PORTS :.