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08/27/2001 - 4713OFFICIAL CTTY COUNCIL AGENDA CITY COUNCIL MEETING AUGUST 27, 2001 r C • '� v � FRIDL$Y CITY COIINCIL MEETING � �� Mav�day Augcu�� 27, 2001 . ATTENDENCE SHEET 7:30 P.M. PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN ITEM PRINT NAME (CLEARLY) ADDRESS NUMBER ;� � C�� C S %��ii'�' � /' � � '�r � � �E' � �l C/�-� �'�,� t.fil �r.'1� � i� l �`�� : �;�,;C� �� 1 � i l�'t�'^'�� I it� ��.- �h,�. i 's:� ,('i�/�c:.i� l-�r �.t-c � �� 'E �' �f":. �� , �"�Z ZLt'° �' ��"1 " /v L � ��'!c �.' �=C' — �� 1J �1�t ri� �'-��-�� ; � _, "� ', .C1, -L �r i n / I� 0 � � CITY COUNCIL MEETING OF AUGUST 27, 2001 GTY OF FRIDLEY The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regazd to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE. PROCLAMATIONS: National Alcohol and Drug Addiction Recovery Month — September, 2001 National Prostrate Cancer Awareness Month — September, 2001 APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of August 13, 2001 OLD BUSINESS: 1. Second Reading of an Ordinance Amending Chapter 205 of the Fridley City Code Pertaining to Fraternai Organizations' Special Use Parking in R-3 Districts (Zoning Text Amendment, ZTA#01-03) ............................................................................................... 1 - 3 FRIDLEY CITY COUNCIL MEETING OF AUGUST 27, 2001 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: 2. First Reading of an Ordinance Recodifying the Fridley City Code by Amending Appendix F to Provide for the Adjustment of Salaries for the Mayor and Councilmembers in Accordance with Section 2.07 of the Charter of the City of Fridley .......................................... 4- 5 �I 3. Resolution Consenting to the Housing` and Redevelopment Authority in and for the City of Fridley, Minnesota, Adopting a 2001 Tax Levy Collectible in 2002 ...............................:........................................................ 6- 7 4. Resolution Authorizing the Issuance and Sale of $2,575,000 Variable Rate Demand Revenue Refunding Bonds, Series 2001 (Fridley Business Plaza Limited Partnership Project) _ ................................................................. 8 10 5. Resolution Authorizing the Forgiveness of a$7,000 Loan to the Fridley Historical Society ........................................................... 11 - 13 � v 6. Schedule a Public Hearing for September 10, 2001, to Review a Proposed 3.2% Malt Liquor License Application from Oriental House Restaurant, Generally Located at 5865 University Avenue N.E. (Ward 1) ..............................................:................... 14 � � 0 FRIDLEY CITY COUNCIL MEETING OF AUGUST 27, 2001 PAGE 3 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 7. Claims ....................................................................................................... 15 8. Licenses ....................................................................................................... 16 - 18 9. Estimates ...................................................................................................... 19 ADOPTION OF AGENDA. OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes. ___ __ PUBLIC HEARINGS: 10. 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 ......................................................... 20 FRIDLEY CITY COUNCIL MEETING OF AUGUST 27, 2001 PAGE 4 PUBLIC HEARINGS: 11. Consideration of the Status of a Small Parcel of Property within the Gateway East Development Plat (Ward 1) (Continued from August13, 2001) ................................................................................................ 21 NEW BUSINESS: 12. Determine the Status of a Small Parcel of Property within the Gateway East Development Plat(Ward 1) .....................,............................................................................... 22 13. First Reading of an Ordinance Amending Chapters 205, 206 and 603 of the Fridley City Code Pertaining to Fire Protection Requirements .............................................. 23 - 29 14. Variance Request, VAR #01-10, by Jamb Architects for Miller Funeral Home, to Reduce the Front and Side Yard Setbacks to Allow the Construction of Three Additions, Generally Located at 6210 Highway 65 N.E. (Ward 2) .................................................:.............................................. 30 - 40 c 15. Resolution Certifying Proposed Tax Levy Requirements for 2002 to the County of Anoka ................................................. 41 - 42 � FRIDLEY CITY COUNCIL MEETING OF AUGUST 27, 2001 PAGE 5 NEW BUSINESS (CONTINUED): 16. Resolution Adopting the Proposed Budget forthe Fiscal Year 2002 ..................................................................................... 43 - 45 � . 17. Resolution Receiving Final Plans and Specifications and Ordering Utility Project No. 342 — Varichak Addition(Ward 2) .............................................................................................. 46 - 47 18. Receive Bids and Award Contract for Utility Project No. 342, Varichak Addition (Ward 2) ....................................................................................................... 48 19. Informal Status Reports ..................................................................................... 49 ADJOURN. 0 � B FRIDLEYCITYCOUNCIL MEETING OFAUGiIST 27, 2001 "`[��$ � � I �� The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regazd to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE. PROCLAMATIONS: National Alcohol and Drug Addiction Recovery Month — September, 2001 National Prostrate Cancer Awareness Month — September, 2001 APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: ` �� City Council Meeting of August 13, 2001 OLD BUSINESS: 1. Second 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) ............................. 1 — 3 NEW BUSINESS: 2. First Reading of an Ordinance Recodifying the Fridley City Code by Amending Appendix F to Provide for the Adjustment of Salaries for the Mayor and Councilmembers in Accordance with Section 2.07 of the Charter of the City of Fridley - ................................... 4 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 3. Resolution Consenting to the Housing and Redevelopment Authority in and for the City of Fridley, Minnesota, Adopting a 2001 Tax Levy Coltectible in 2002 ....................... 6- 7 �l-a�� 4. Resolution Authorizing the Issuance and Sale of $2,575,000 Variable Rate Demand Revenue Refunding Bonds, Series 2001 (Fridley Business Plaza Limited Partnership Project) 8- 10 � a - a�z�l Resolution Authorizing the Forgiveness of a $7,000 Loan to the Fridley Historical Society................................. '� 1 - 13 �3-�U� 6. Schedule a Public Hearing for September 10, 2001, to Review a Proposed 3.2% Malt Liquor License Application from Oriental House Restaurant, Generally Located at 5865 University Avenue N.E. (Ward 1) 14 Claims ....... 15 , - FRIDLEY CITY COUNCIL MEETING OF AUGUST 27. 2001 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 8. Licenses ................................... 16 - 18 9. Estimates ................................. 19 ADOPTION OF AGENDA. -� a��.�.,�o,,� ��o�� , OPEN FORUM, VISITORS: not on Agenda -15 minutes. PUBLIC HEARINGS: �� Consideration of items 10. Consideration of an Ordinance Amending the Fridley City Code to Repeal Chapter 113, Entitted "Solid Waste Disposal and Recycling Collection" and Adopt a New Chapter 113 ................................... 20 S �/� op� g'� � ��p c�.��► �- �-e..,� � /D 11. Consideration of the Status of a Small Parcel of Property within the Gateway East Development Plat (Ward 1) (Continued from August 13, 2001) ................................ 21 ��(-1� ��--� g"'o.� �� C��oS�- � ' o (� NEW BUSINESS: 12. Determine the Status of a Small Parcel of Property within the Gateway East Development Plat (Ward 1) ................................. 22 5 (Q��-� p�� w f ��.� �� NEW BUSINESS (CONTINUED): PAGE 2 . „ 13. First Reading of an Ordinance Amending Chapters 205, 206 and 603 of the Fridley City Code Pertaining to Fire Protection Requirements .................................. 23 - 29 �,�� A p R�� 14. Variance Request, VAR #01-10, by Jamb Architects for Miller Funeral Home, to Reduce the Front and Side Yard Setbacks to Allow the Construction of Three Additions, Generally Located at 6210 Highway 65 N.E. (Ward 2) ................................ 30 - 40 �r�>..� �pP��'� w S fi�s Resolution Certifying Proposed Tax Levy Requirements for 2002 to the County of Anoka ................................. 41 - 42 �� vl�-�r� �`�'�lJ7,I 16. Resolution Adopting the Proposed Budget for the Fiseal Year 2002 .................... 43 - 45 �-�� a� �� 17. Resolution Receiving Finat Plans and Specifications and Ordering Utility Project No. 342 - Varichak Addition (Ward 2) .............................. 46 - 47 S�/ Q t� as�;�� -°° i ;— � c�Jo1�'e �- f3o.�--f-{� v�� 18. Receive Bids and Award Contract for Utility Project No. 342, Varichak Addition (Ward 2) ................................... 4�1�-� � �� I�p�,� �pQr��-N.�-N.� t-� ,p,�cs ► �. I��'R� d� P��°`� %�� 19. Informal Status Reports ..................... 49 �l�.�c��.,,,,� � p �� 1r� � =�a � w, ADJOURN. � � ��d3 "� l - � � S� �`J��. . 0 � � �- 1--- � � � � � � _�� C _ � � �� E � �l,'� � � k � � �./ � E � `�, � c � � � � � � � � � � NATIONAL PROSTA7'E CANCER A wARENESS MONTH September, 2001 S►� WHEREAS, September 2001 has been declared National Prostate Cancer Awareness month; and WHEREAS, in the year 2001, approximately 198,100 men in the United States will learn that they have prostate cancer; and WHERAS, approximately 31,500 men will lose their lives to this disease this year, and one in six men in the nation are at risk of developing prostate cancer during their lifetime; and WHEREAS, prostate cancer is the most commonly diagnosed non-skin cancer in men; and WHEREAS, about 25 percent of prostate cancer occurs in men under the age of 65, during their prime years at work; and WHEREAS, African American men have the highest prostate cancer incidence and mortality rates in the world; and WHEREAS, research suggests that men could reduce their risk of prostate cancer mortaliry if they followed recommended prostate cancer screening guidelines, including examination by a health care provider; and WHEREAS, increased awareness and use of early detection practices by men is essential to controlling prostate cancer. NOW THEREFORE, BE IT RESOLVED, that I, Scott J. Lund, Mayor of the City of Fridley, hereby proclaim the month of September, 2001, as PROSTATE CANCER AWARENESS MONTH in the City of Fridley, Minnesota. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Fridley to be affxed this 27th day of August, 2001. Scott J. Lund, Mayor 0 � � � �'� � � � � � �� ` � � � � C � E � � ', � , �`', k � !� � �_ � ,-=. �'' � � � � � � � � � � � � � � � NATIONAL ALCOHOL AND DRUG ADDICTION RECOYERYMONTH September, 2001 � i WHEREAS, in the past twenty years, medical science has made great strides in learning about substance use and the nature of addiction; and WHEREAS, addiction is a chronic, relapsing illness that involves a number of brain chemistry disorders. Treatment for addiction is as effective as treatments for other chronic medical conditions, such as diabetes and high blood pressure; and WHEREAS, substance use and addiction result in huge societal and economic costs, but recovery is possible. Every day in every part of the United States, men, women and youth are entering treatment and beginning the road to recovery, and families seek hope and recovery in support programs and counseling; and WHEREAS, National Alcohol and Drug Addiction Recovery Month celebrates the tremendous strides taken by individuals who have undergone successful treatment, families in recovery, and recognizes those in the treatment field who have dedicated their lives to helping people recover from addiction. NOW THEREFORE, BE IT RESOLVED, that 1, Scott J. Lund, Mayor of the City of Fridley, hereby proclaim the month of September, 2001, as -- -- NATIONAL ALCOHOL AND DRUG ADDICTION RECOVERY MONTH in the City of Fridley, Minnesota, and urge all residents to promote the benefits of drug and alcohol addiction treatment and recovery. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Fridley to be affixed this 27th day of August, 2001. Scott J. Lund, Mayor THE MINUTES OF THE FRIDLEY CITY COUNCIL MEETING OF AUGUST 13, 2001 THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF AUGUST 13, 2001 The Regular Meeting of the Fridley City Council was called to order by Mayor Lund at 7:30 p.m. PLEDGE OF ALLEGIANCE: Mayor Lund led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Lund, Councilmember Barnette, Councilmember Bolkcom, Councilmember Billings, and Councilmember Wolfe. MEMBERS ABSENT: None. PRESENTATIONS: Fridley `49er Days Roya[ry/Recognition of Diane Hershey Mr. Chuck McKusick, President of the Fridley `49er Days, stated that Alexa Skirka is the new Queen, and Marissa Olson and Heather Gliadon are the princesses. He stated that Ms. Diane Hershey has been outstanding in all of her support of the activities through the years and has remained dedicated even though she has moved out of the community. Mayor Lund presented Ms. Hershey with a bouquet of flowers and thanked her for all of her help through the years, in particular with the pageant. Ms. Hershey thanked everyone and stated it was quite an honor to come back to Fridley to help out with the festivities. Values First Community Circles Program Loralean Jordan, Program Director, and Jermaine Davis, Program Facilitator, stated that the goal of the Community Circles Program is to bridge the communities of Fridley, Columbia Heights, and Hilltop. One of its purposes is to create some dialogue among neighbors and residents to address social issues, discriminations, and prejudices to help make our communities safer. Residents are invited to register for the Community Circle Conversation sessions which will be held on September 6, 11, 18, and 25, from 7:00 p.m. to 9:00 p.m. For additional information please call the Community Circle Conversation's office at 763-528-4513 and speak with Jermaine Davis. Councilmember Bolkcom asked what the deadline for registration was. Mr. Davis stated that it was August 21. FRIDLEY CITY COUNCIL MEETING OF AUGUST 13, 2001 PAGE 2 Mayor Lund asked where the meetings would be held. Ms. Jordan stated that they would be held at the Columbia Heights Family Center which is connected to the Senior High School. APPROVAL OF PROPOSED CONSENT AGENDA: Councilmember Barnette stated that he would like Item Nos. 1 and 11 removed to the regular agenda for further discussion. Councilmember Bolkcom stated that she would like Item No. 6 removed for fizrther discussion. MOTION by Councilmember Barnette to approve the Proposed Consent Agenda as amended with Item Nos. 1 and 6 placed after Open Forum and Item No. 11 after Item No. 22 of New Business. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES: City Council Meeting of July 13, 2001. APPROVED. 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: ___ __ Mr. Burns, City Manager, stated that the ordinance change clarifies that it is the property owner's responsibility to remove roots and other debris from all portions of the sewer service. Staff recommend. Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA FOR FURTHER DISCUSSION. NEW BUSINESS: . 2. RECEIVE THE PLANNING COMMISSION MINUTES OF JULY 18, 2001: RECEIVED THE PLANNING COMMISSION MEETING MINUTES OF JULY 18, 2001. FRIDLEY CITY COUNCIL MEETING OF AUGUST 13, 2001 PAGE 3 3. RESOLUTION NO. 36-2001 TO VACATE EASEMENTS FOUND ON THE ORIGINAL HEATHER HILLS ADDITION AND RECREATE THE EASEMENTS ON THE HEATHER HILLS NORTH 2 PLAT, GENERALLY LOCATED AT 6201- 6209 HEATHER PLACE N.E.: Mr. Burns, City Manager, stated that this is a matter of vacating the easements for a four- lot plat and establishing them for the newly defined five-lot plat. Staff recommended Council's approval. ADOPTED RESOLUTION 36-2001. 4. RESOLUTION NO. 37-2001 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): Mr. Burns, City Manager, stated that the preliminary plat was approved in May. Staff recommended Council's approval with five stipulations. ADOPTED RESOLUTION NO. 37-2001 WITH THE FOLLOWING STIPULATIONS: 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 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; AND 5. PETITIONER TO PAY ALL WATER AND SEWER CONNECTION FEES. 5. SPECIAL USE PERMIT REQUEST, SP #01-06, BY DWAYNE AND DON 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): Mr. Burns, City Manager, stated that the petitioners are seeking a special use permit to construct a 864 square foot accessory building. Staff recommended Council's approval with seven stipulations. APPROVED SPECIAL USE PERMIT, SP #01-06 WITH THE FOLLOWING STIPULATIONS: 1. PETITIONER SHALL INSTALL CODE-REQUIRED HARD SURFACE DRIVEWAY WITAIN 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 FRIDLEY CITY COUNCIL MEETING OF AUGUST 13, 2001 PAGE 4 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 SIDING AND COLOR SCHEME; AND 7. GARAGE TO BE MOVED BACK A MI1vIMUM OF 20 FEET IN ORDER TO BE IN LINE� WITH THE EXISTING HOME AND 55 FEET BACK FROM THE CURB. 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.. Mr. Burns, City Manager, stated that Mr. and Mrs. Fetrow are seeking a special use permit for building an 864 squaze foot accessory building. Staff recommended Council's approval with six stipulations. APPROVED SPECIAL USE PERMIT, SP #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 , AS APPROVED BY THE CITY, WILL NEED TO BE INSTALLED WITffiN 90 DAYS; 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. 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): Mr. Burns, City Manager, stated that Mr. Hatchett wants to build a 780 square foot accessory building. Staff recommended Council's approval with seven stipulations. � APPROVED SPECIAL USE PERMIT, SP #01-08, WITH THE FOLLOWING STIPULATIONS: 1. PETITIONER SHALL INSTALL CODE REQUIRED HARD SURFACE DRIVEWAY WITHIN TWELVE 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 VE�iICLES SHALL BE SOTRED 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 FRIDLEY CITY COUNCIL MEETING OF AUGUST 13, 2001 PAGE 5 ARCHITECTURALLY COMPATIBLE WITH EXISTING HOME AND FINISHED WITH A COMPLEMENTARY SIDE AND COLOR SCHEME; AND 7. PETITIONER SHALL REMOVE UTILITY SHED ON THE WEST SIDE OF THE HOUSE UPON COMPLETION OF THE PROPOSED ACCESSORY STRUCTURE. 8. RESOLUTION NO. 38-2001 ORDERING PRELIMINARY PLANS, SPECIFICATIONS AND ESTIMATES OF THE COSTS THEREOF; EIIGEWATER GARDENS NEIGHBORHOOD PROJECT NO. ST. 2002 -1: Mr. Burns, City Manager, stated that the streets to be included are Rice Creek Way, Hickory Street, Ashton Avenue, 65 1/2 Way, 66�' Way, 66 1/2 Way, and 67`� Way. In addition to surface reconstruction, the project includes replacement of bituminous curbing with concrete curbing, and repairs to existing water sanitary sewers, and storm sewers. The project was reviewed in June by residents in the area. Staff recommended Council's approval. ADOPTED RESOLUTION 38-2001. 9. RESOLUTION NO. 39-2001 REQUESTING THAT THE MINNESOTA DEPARTMENT OF TRANSPORTATION GRANT A VARIANCE TO MUNICIPAL STATE AID RULES OF CONSTRUCTION REQUIREMENTS: Mr. Burns, City Manager, stated that the variance allows municipal state aid funds to be used for all off-system local road projects. Staff recommended Council's approval. ADOPTED RESOLUTION NO. NO. 39-2001. 10. RESOLUTION 40-2001 REVOKING AND ESTABLISHING MUNICIPAL STATE AID STREETS: Mr. Burns, City Manager, stated that the Resolution replaces Lake Point Drive and portions of West Moore Lake Drive with Medtronic Parkway. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 40-2001. 11. RESOLUTION IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT FOR MN NATIONAL GUARD YOUTH CAMP (SHOREWOOD RESTAURANT) (WARD 2): THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA FOR FURTHER DISCUSSION. 12. APPOINTMENT - CITY EMPLOYEES: FRIDLEY CITY COUNCIL MEETING OF AUGUST 13, 2001 PAGE 6 Mr. Burns, City Manager, stated that staff is recommending the appointments of police officers to three positions. Don Abbott is recommended for the Captain's position created by the retirement of Herb Zimmerman. Rick Crestik is recommended for the Sergeant's position created by the retirement of Robert Friis. Brian Weierke is recommended for the Sergeant's position created by the promotion of Don Abbott. Staff recommended Council's approval. APPOINTED DON ABBOTT TO CAPTAIN, RICK CRESTIK TO SERGEANT AN� BRIAN WEIERKE TO SERGEANT. 13. CLAIMS: APPROVED PAYMENT OF CLAIM NOS. 100740 -101101. 14. LICENSES: APPROVED ALL LICENSES AS SUBMITTED. 15. ESTIMATES: Approved estimates as follows: Dave Perkins Contracting, Inc. 14230 Basalt Street N.W. Ramsey, MN 55303 2001 Street Improvement Project No. ST. 2001 - 1 Estimate No. 3 ADOPTION OF AGENDA: $141,797.00 MOTION by Councilmember Bolkcom to adopt the agenda as amended, with Items 1 and 6 after the "Open Forum" section, and Item No. 11 between Items 22 and 23. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM, VISITORS: Mr. Pat Carline, 5705 Jackson, stated that a discussion at the last Planning Commission meeting regarding recycling theft being made a misdemeanor irritated him. That is very petty because the most expensive items would be aluminum cans. He only got twenty dollars for his last pick-up truckload of cans. If people need to make ends meet by taking a couple of cans, nobody should go after them for a misdemeanor. Fridley does not need more laws. It would be a waste of time enforcing it. Mayor Lund stated that there will be a public hearing on this issue. 4 FRIDLEY CITY COUNCIL MEETING OF AUGUST 13, Z001 PAGE 7 Mr. Carline asked about the meeting Council had before the regular scheduled meeting and how it met the requirements of the open meeting law. Mr. Knaak, City Attorney, stated that that meeting was a closed meeting due to pending litigation which is the only kind of ineeting that can be closed. Mayor Lund stated that the meetings are generally open to the public, except if they are posted in advance as closed due to pending litigation. Mr. Burns stated that it was the first closed meeting in 8 or 9 years. Mr. Bob Anderson, 6807 Oakley Street, asked what has been done with the City ordinance regarding bigger garbage cans. Mayor Lund stated that item would be discussed at a public hearing. Councilmember Billings stated that it would come up on the agenda under Item No. 19. Mr. Hickok stated that Item No. 19 is inappropriately identified in the agenda. That is only to set the public hearing for August 27. Councilmember Billings asked when it was discussed by the Planning Commission. Mr. Hickok stated that it was discussed at the last meeting. Councilmember Billings asked when the next Planning Commission meeting would be. Mr. Hickok stated that one was scheduled for August 15. Councilmember Billings stated that Mr. Anderson might want to check the videotapes at the library or call Brian Strand, the City's Video Specialist. Councilmember Bolkcom stated that they could also contact Julie Jones, the Recycling Coordinator, for background information. Councilmember Barnette stated that the recommendation for the public hearing date for Item No. 19 is for September 10. � Mr. Hickok stated that the public hearing would be on August 27, and the first reading on September 10. Ms. Jones' telephone number is 763-572-3594. FRIDLEY CITY COUNCIL MEETING OF AUGUST 13, 2001 PAGE 8 1. ORDINANCE NO. 1156 AMENDING CHAPTER 402 OF THE FRIDLEY CITY CODE PERTAI1vING TO, WATER AND SEWER ADMIlvISTRATION-REPAIRS TO CONNECTION: Councilmember Barnette stated that Mr. Anderson and several others have called him with questions. Mr. Bob Anderson, 6807 Oakley Street, stated that the homeowner is responsible for the sewer line to the line that runs down the street (lateral). There is a stub off the lateral that comes to the property line and that is City property. The responsibility of that section of sewer line is the homeowner's according to the Assistant City Engineer. He does not have the money to spend to dig the line up and have it replaced. The City will not accept the responsibility for a new water main in the street unless it is pressure tested to make sure there is no leak. Mr. Haukaas, Public Works Director, stated that we are clarifying the responsibility for standard maintenance to the home. If the line is crushed to the point of being unserviceable, it will still be the City's responsibility to fix it. They understand that property owner's are not able to afford to repair the line. The City has no method of inspecting it on a regular basis, but standard cleaning of roots or whatever is the homeowner's responsibility. Mr. Anderson stated that he is being asked to accept responsibility for cleaning up sewer lines that were not done right in the first place. Mr. Haukaas stated that the sewer lines were installed according to the accepted methods at the time. That is an older method that is no longer done. Root cutting and cleaning up of the service line is maintenance and is the same as gutters or shingles on a house. There are very few trees in the City boulevard. The majority of trees are on the homeowner's property. It is unusual for a city to take responsibility for the section to the main. Standard maintenance will prevent future problems and the homeowners are the only ones who can do that on their land. Mr. Anderson stated that this is a big change and the City of Fridley cannot be compared to any other. The City is the best and has the best Public Works Department. Councilmember Barnette stated that the City could use the sewer line camera to ascertain where the problem is. Mr. Haukaas stated that was correct. Councilmember Barnette asked if they were talking about the area from the lateral to the property line as about ten feet. Mr. Anderson stated that it was close to 20 feet. He appreciates Councilmembers Barnette and Wolfe's time with his phone calls about this matter. Councilmember Billings stated that last year there about 1101ine cleanings and only one of those was in the property owner's section. This language is to clarify the ordinance. FRIDLEY CITY COUNCIL MEETING OF AUGUST 13, 2001 PAGE 9 Mr. Anderson stated that he does not agree but understands that the City is trying for preventative maintenance. He asked how often the sewer line should be cleaned. Mr. Haukaas stated that it depends on the particular case. An older home could be done every 2 to 3 years. MOTION by Councilmember Billings to waive the reading and adopt Ordinance No. 1156 on the second.reading and order publication. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 6. SPECI.AL 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): Councilmember Bolkcom asked about the stipulation that staff will conduct regular inspections on the site. Mr. Hickok, Community Development Director, stated that the Fetrows indicated this is not a garage to drive to and from. They have a 4 wheel drive vehicle to pull the boat to and from the garage. They prefer not to have a driveway. Staff saw this as an opportunity not to put asphalt where it does not belong. If any time Staff observes there are noticeable ruts, they will ask that the driveway w-ill be installed within 90 days. MOTION by Councilmember Bolkcom to approve SP #O1-07 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 hazd 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; 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 squaze feet; and, 6. Gazage shall be architecturally compatible with existing home and finished with same siding and color scheme. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF AUGUST 13, 2001 PAGE 10 PUBLIC HEARINGS: 16. CONSIDERATION OF AN UNSAFE BUILDING AT 5800 TENNISON DRIVE N.E. (WARD 2): MOTION by Councilmember Bolkcom to open the public hearing and waive the reading of the public hearing notice. Seconded by Councilmember Barnette. UPON A. VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 8:15 P.M. Mr. Hickok, Community Development Director, stated that to date, the owner of the property has left the property in disrepair. A public hearing must be held prior to spending any public dollars to remedy conditions. Council may then adopt a resolution to officially declaze the home unsafe. The resolution will then go to Anoka County and we will ask the courts for authorization to make the necessary repairs. That will allow us to assess and redeem our funds through the assessment process. Mr. Hickok stated that in May and June of this year, warrants were issued because of an animal complaint. Inspection revealed the home was unsafe and unfit for human habitation. The home at that time was boarded and posted and the owner was given time to develop a solution. On July 3 of this year staff initiated the Statutory Abatement Process for unsafe buildings. No action occurred on the property at that point and staff stepped it up to the Abatement process which allows the homeowner one of the following three options: 1. Bring the home into compliance within twenty days; 2. Bring in a schedule for correction and compliance which needs to be submitted and approved by the City within 20 days; or 3. Request a hearing with a Court Hearing Examiner or Officer within twenty days. Mr. Hickok stated that the homeowner has requested the third option and there will be a hearing to deliberate any issues of contention on this case. The owner has met with staff and has indicated that she would like to have the home go through the proper permit processes and all corrections made by October 15 of this year. There is a very aggressive approach: Staff recommends that Council hold the hearing with public comment but not close the hearing until after there has been a decision from the hearing officer. Councilmember Bolkcom asked how soon after the hearing before a hearing officer will a recommendation be made. Mr. Hickok stated that the item could be back on the agenda for the September 11 meeting. Mr. Ray Sopcinski, 5808 Tennison Drive, stated that he lives adjacent to the home and this has been going on for many years. It will cost the City thousands of dollars. There was a petition signed by the neighbors and it did not do any good. Only one affidavit has been sent out but it was quite obvious that if this property has been let go, there has been no cooperation whatsoever from the owner. The City should follow the trend of trying to keep the City in well repair and healthy. Property owners in the area have all complained with not much effect. FRIDLEY CITY COUNCIL MEETING OF AUGUST 13, 2001 PAGE 11 Mayor Lund stated that this public hearing is an extension of the action taken previously. Mr. Knaak, City Attorney, stated that this is a finite action. The City staff reacted to this particular complaint resulting in conditions being brought to the attention of City staff. The City has responded fully. Mr. Sopcinski stated that action was taken about 4 weeks ago and there was a notice on the door that it could not be occupied. Mr. Knaak stated that the City has two parallel processes. Private property with a health hazard gives the City authority to correct the problem with certain procedures. This protects the health and safety of the owners and neighbors. The public hearing must be held and then the City can go in and abate the problem. The City cannot assess that without conducting the hearing. Mr. Sopcinski asked where the money would come from to rehab this place. Mr. Hickok stated that a determination will be made that the owner of the property has hired a private inspector to do an analysis that would be matched against our own inspector's records. If there are inconsistencies, the hearing officer would help resolve them. Mr. Sopcinski asked who the hearing officer was. Mayor Lund stated that Anoka County has selected a third-party to be the hearing officer. Mr. Sopcinski asked what would happen if the cost of the rehab was for more than the property could be resold for. Mayor Lund stated that it is early in the process to determine the final outcome for any dollar amount. The property owner may not want to rehab. Mr. Hickok stated that the owner chose the hearing option and they have taken steps on their own to have inspectors to analyze what they agree with. It is very early to determine to what extent to fix whatever is there. Mr. Sopcinski stated that the taxpayer may be the one to pay for any rehab. Mr. Hickok stated that there have not been any requests for grants through the housing program and is something the homeowner will have to pay for. Mr. Sopcinski stated that the residents of Tension witnessed himself being harassed because of this issue and they do not come out because they are intimidated. MOTION by Councilmember Wolfe to continue the public hearing until we have the results of the Hearing Officer. Seconded by Councilmember Bolkcom. FRIDLEY CITY COUNCIL MEETING OF AUGUST 13, 2001 PAGE 12 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Hickok stated that a notification will be sent to Mr. Sopcinski by letter. Mr. Burns, City Manager, stated that the hearing has more to do with establishing rights for the property owner rather than only for gathering input. Mr. Knaak stated that the hearing is an additional protection required by Fridley ordinances. Councilmember Bolkcom stated that the City will proceed with due process with or without public input. 17. CONSIDERATION OF UTILITY PROJECT NO. 342, UTILITY SERVICE TO VARICHAK ADDITION: MOTION by Councilmember Wolfe to waive the reading and open the public hearing. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 9:00 P.M. Mr. Haukaas, Public Works Director, stated that the purpose of the hearing was to receive public comment on the utility connection for the properties of the Varichak Addition. The cost would be assessed back to the benefiting properties. The required improvements include installation of a sanitary sewer, a manhole over the existing main, installation of two sanitary sewer services, installation of two water sewer connection lines and valves, and the associated restoration of street, curbs, and boulevards. Three bids were received in April, 2001, ranging in price from $22,000 to $31,000 and were only valid for 60 days. The price does not include the City's eight percent (8%) engineering inspection overhead costs. The cost is higher than similaz projects due to the depth of the sanitary sewer at this location and its proximity to the TCAAP water line. The construction costs are estimated at $28,000. A ten percent (10%) contingency and eight percent (8%) inspection fees have been added. The total estimated cost is $33,040. Assessments aze to be split equally to the benefiting properties. The low bidder would be contacted again to see if the original quote will be honored. Final assessment shall reflect actual construction costs, not our estimates. We will add on the City's overhead eight percent (8°/a) fee. If Council chooses to move forward, staff will prepare a resolution for approval at a future meeting. Mayor Lund stated that the Council would like the following statement added to the record: "At this hearing we are not going to determine what the developers or potential buyers and owners thought they were buying or selling, nor this City's posture, present or future, in the conduct of any litigation that may occur between the parties. This hearing is ONLY for the purpose of determining the need for the utility project being considered and wheth�r the property is to be assessed for this improvement and how much may also be considered tonight or, possibly, at a future meeting. There is a recorded Development Agreement that affects the property. It states that sewer and water must be installed by the Developer, the Owner, or Future Owners. There is FRIDLEY CITY COUNCIL MEETING OF AUGUST 13, 2001 PAGE 13 no dispute but that the Agreement provides for payment of the Improvements by one, any, or a11 of those parties. The Development Agreement is a matter of public record and is part of the record of these proceedings. Debate as to the meaning of its terms beyond what was just stated will not occur on the part of the City this evening." Ms. Sue Okerstrom, 1601 Gardena, stated that she wanted to submit a letter that would bridge some of those areas just discussed that the City does not want to deal with at this time. The letter concerns public works on her and Angelique Frederiksen's properties. The letter highlights that they paid f.or a finished lot, which included water and sewer. Mr. Varichak's position that he sold the lots "as is" cannot be substantiated because the certified appraisal as a finished lot included water and sewer for $60,000. She stated that she had nothing to do with writing, committing to, signing or enforcing the Developer's Agreement. MOTION by Councilmember Barnette to accept the letter. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Beverly Wales, 9509 Dogwood Avenue North, Brooklyn Park, stated that she also owns a lot purchased from the Varichak Addition. She agrees with Ms. Okerstrom and Ms. Frederiksen. She is in financial straits and it is not their responsibility to fight Varichak and Surdyk when the buyers were not the ones to develop the Developer's Agreement. Mr. Knaak, City Attorney, stated that the Development Agreement calls for the provision of the sewer and water that has not been completed. It requires completion. Assessment of sewer and water connections is recognized in Minnesota Statutes, Chapter 429, as the basis for the project. The only issue was whether or not the actual construction has occurred and it has not. That there is a need is an admission on the part of the developer and it must occur prior to construction. This is not the public improvement with speculation of need. The lots are not buildable as is. Mayor Lund asked if this is an attempt to fulfill the Development Agreement by virtue of holding the public hearing. Mr. Knaak stated that is separate and this is under statute, not pursuant to an agreement. T'he agreement does provide for both the need and the responsibility. Mayor Lund asked what the course of action would be. Mr. Knaak stated that Council has discretion, but the usual course is to bring a resolution at a later time when the costs were more clearly known. The Council would then be taking action to assess any or all of the improvements, if chosen. Councilmember Billings asked if Minnesota Statutes controlled what Council can do to improve a parcel of privately owned property and how public funds can be used toward that end? FRIDLEY CITY COUNCIL MEETING OF AUGUST 13, 2001 PAGE 14 Mr. Knaak stated that Chapter 429 provides the method for providing improvements. Public funds cannot be used for private benefit. Chapter 429 is about the assessment process. Councilmember Billings asked if this process of the City doing the installation and Council determining whether they should be assessed, is one means of providing for the enforcement of the Developer's Agreement? Mr. Knaak stated that it is one means. MOTION by Councilmember Billings to close the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 9:15 P.M. 18. DETERMINATION OF STATUS OF A SMALL PARCEL OF PROPERTY WITHIN THE GATEWAY EAST DEVELOPMENT PLAT: MOTION by Councilmember Bolkcom to open the public hearing. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 9:15 P.M. Mr. Hickok stated that this was formerly known as Cityview Addition. This is a small remnant parcel that remained after the frontage road was vacated. It is 312.5 square feet and was intended to be conveyed as part of the Gateway East Development Plat. It was erroneously overlooked by the surveyor and the title company for the developer. The land remains under City ownership. A townhome has been planned to be placed over the corner of the parcel so conveyance is important for redevelopment. Closing on the sale of the majority of the property has occurred. A declaration that the property is excess and authorization by Council are necessary to allow staff to proceed to deed the property to the developer. Staff recommends that Council hold a public hearing and state for the record the City's intention to declare the land excess and deed it to the developer and hold the public hearing open until August 27. Councilmember Billings asked if the property was acquired by the City with the intent of doing a future redevelopment project. Mr. Hickok stated that it was purchased in 1969 with the intent of allowing the City to pursue possible development. Councilmember Billings asked if there would be any reason the City would not consider this as excess property and move towards selling it immediately. Mr. Hickok stated that there would not be any reason. FRIDLEY CITY COUNCIL MEETING OF AUGUST 13, 2001 PAGE 15 Councilmember Billings asked if it would be consistent with other actions of the City Council, the HRA, and staff. Mr. Hickok stated that was correct. MOTION by Councilmember Billings to continue the public hearing to August 27, 2001. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CONTINUED. 19. CONSIDERATION OF AN ORDINANCE AMENDING THE FRIDLEY CITY CODE TO REPEAL CHAPTER 113, ENTITLED "SOLID WASTE DISPLOSAL AND RECYCLING COLLECTION" AND ADOPT A NEW CHAPTER 113: Mr. Burns stated that this should be placed after Item #21 under New Business. 20. CONSIDERATION OF AN ORDINANCE AMENDING CHPATERS 205, 206, AND 603 OF THE FRIDLEY CITY CODE PERTAINING TO FIRE PROTECTION REQUIREMENTS (ZONING TEXT AMENDMENT, ZTA #O1- 0� MOTION by Councilmember Bolkcom to open the public hearing. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 9:20 P.M. Mr. Hickok, Community Development Director, stated that Staff is requesting consideration of the Text Amendment that will first eliminate Section 205.04.08 of the zoning code entitled "Fire Protection Requirements." It will eliminate portions of Section 603.03 under Intoxicating Liquor License and adopt Chapter 1306 of Special Fire Protection Systems of Minnesota Building Code by amending Chapter 206 of the City Code. The adoption is necessary because the City Attorney has advised that the current sprinkler system legislation should not be predicated upon zoning or as a liquor licensing issue and its current state is unenforceable. In the interest of fire and life safety, automatic sprinkler systems have a proven record of reducing life and property loss in the event fire occurs. Adoption is necessary because of the standard recommended by the State. This is a minimum/maximum standard which means that municipalities that adopt it are not allowed to change the requirements to make the standard more or less restrictive. Chapter 1306 specifically states what occupancies are affected and establishes minimum requirements. Mr. Hickok stated that many City projects will not be affected by this ordinance. All of the surrounding communities except Columbia Heights have adopted the amendment. The Planning Commission considered this on July 18 and recommended approval unanimously. Staff recommends concurrence with the Planning Commission. FRIDLEY CITY COUNCIL MEETING OF AUGUST 13, 2001 PAGE 16 Councilmember Barnette asked if there were any objections from anyone. Mr. Hickok stated that Mr. Richard Harris who was present at the Planning Commission meeting asked for clarification and spoke with staff. Mr. Julkowski, Chief Building Official, stated that he had not heard a word from anyone. Councilmember Bolkcom asked how business owners were notified. Mr. Hickok stated that a general notice was published in the papers. Invitations to the entire building industry for commercial/industrial property owners were sent and an open house seminaz was held at the City to discuss the sprinkler ordinance. No complaints were received. Mr. Julkowski stated that he answered some questions for Mr. Paschke. MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 9:27 P.M. 21. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 205 OF THE FRIDLEY CITY CODE PERTAINING TO FRATERNAL ORGANIZATIONS SPECIAL USE PARKING IN R-3 DISTRICTS (ZO1vING TEXT AMENDMENT, ZTA #01-03: MOTION by Councilmember Bolkcom to waive the reading and open the public hearing. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 9:27 P.M. Mr. Hickok, Community Development Director, stated that the City has one fraternal organization in the R-3 District which is the Knights of Columbus. They have been giving back to the City for over 30 years delivering Christmas baskets, sponsoring Clean the Highway Programs, Tootsie Roll drives, and picnics. U.S. West has been allowed in the past to use a portion of their parking lot for temporary storage with a semi-trailer which functions as a distribution warehouse for telephone books. This allows the Knights of Columbus to raise additional money to supplement their charity budget. In 1999, staff was made aware of the parking trailers and the organization was asked to discontinue. The addition of this definition in the amendment would define the fraternal organization as "A group of people formerly organized for common interest, usually cultural, religious, or entertainment, with regular meetings and formal written memberships." Uses with a special use permit would be added as "Trailers for use by a fraternal organization for fund raisers, provided the trailers are screened from the public right-of-way, and adjacent land uses do not adversely impact parking, provided the organizations that use the trailers meet the following standards: (a) Number of trailers shall not, at any time, FRIDLEY CITY COUNCIL MEETING OF AUGUST 13, 2001 PAGE 17 exceed three (3); (b) Trailer size shall not exceed Minnesota Department of Transporta.tion standards for enclosed trailers; (c) Trailers shall be enclosed-type allowing contents to be screened on-site and from adjacent properties. Mr. Hickok stated that recognizing fraternal organizations as a permitted special use in the R-3 District will allow them to raise additional funds to continue charitable contributions to the - community. Staff recommended approval of this zoning text amendment. The Knights of Columbus will go through the special use permit process. Councilmember Billings stated that this is a temporary situation. He asked for staffs interpretation of how the trailer would be screened in the right-of-way. Mr. Hickok stated that the trailer would be surrounded by a building on one side, landscape on the other two sides, and positioned so that it does have a screened vantage point from the right- of-way. There is also screening is also along the south side boulevard. Councilmember Billings stated that in Section (13) a comma should be placed after "from the right-of-way and adjacent land-uses." Mayor Lund asked how this was advertised. Mr. Hickok stated that the general public was notified in the newsletter comments. MOTION by Councilmember Bolkcom to close the public hearing Councilmember Billings. There were no Seconded by UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 9:35 P.M. NEW BUSINESS: 19. CONSIDERATION OF AN ORDINANCE AMENDING THE FRIDLEY CITY CODE TO REPEAL CHAPTER 113, ENTITLED "SOLID WASTE DISPLOSAL AND RECYCLING COLLECTION" AND ADOPT A NEW CHAPTER 113: MOTION by Councilmember Bolkcom to set the public hearing for August 27. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 22. FIRST READING OF AN ORDINANCE AMENDING CHAPTER 205 OF THE FRIDLEY CITY CODE PERTAINING TO FRATERNAL ORGAlvIZATIONS' SPECIAL USE PARKING IN R-3 DISTRICTS (ZONING TEXT AMENDMENT, ZTA #01-03): FRIDLEY CITY COUNCIL MEETING OF AUGUST 13, 2001 PAGE 18 MOTION by Councilmember Bolkcom to waive the reading and approve the ordinance on first reading with the following change: amend punctuation in Section 13. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. � 11. RESOLUTION IN SUPPORT OF AN APPLICATION FOR A MINNESOTA � LAWFUL GAMBLING PERMIT FOR MN NATIONAL GUARD YOUTH CAMP (SHOREWOOD RESTAURANT): Councilmember Billings asked if staff wanted to table this item. Mr. Burns, City Manager, stated that it should be pulled from the agenda, due to a decision made by the establishment to keep the current lawful gambling organization.. MOTION by Councilmember Bolkcom to delete this item from the agenda. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 23. INFORMAL STATUS REPORTS: Councilmember Bolkcom thanked all the block captains, Fridley police officers, and Myra Harris for all the work they did on the block parties on National Night Out. Mr. Burns stated that the newsletter will be out soon. /�1�11�.�7►`� MOTION by Councilmember Barnette to adjourn the meeting. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE AUGUST 13, 2001, CITY COUNCIL MEETING ADJOURNED AT 9:42 P.M. . Respectfully submitted, Signe L. Johnson Scott Lund Recording Secretary Mayor . / AGENDA ITEM � CITY COUNCIL MEETING OF AUGUST 27, 2001 Qi7 OF FRIDLEY Date: 8/27/O l � To: William Burns, City Manager _rt� �� From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator � Stephanie Hanson, Planner RE: Second Reading for ZTA #01-03 M-01-123 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 motiori passed unanimously. PAST CITY COUNCIL ACTION At the August 13, 2001, City Council meeting, a public hearing and first reading was held for ZTA #O 1-03. After reviewing the proposed zoning text amendment, City Council recommended the correction of a minor grammatical error. After reviewing and hearing from City Staff, a motion was made to recommend approval of the zoning text amendment request. The motion passed unanimously. PLANNING STAFF RECOMMENDATION City Staff recommends that the City Council hold a second reading of the zoning text amendment #O 1-03. 1 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 205 OF THE FRIDLEY CITY CODE PERTAINING TO FRATERNAL ORGANIZATIONS SPECIAL USE PARKING IN R-3 DISTRICTS -. i _... 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) FraternalOr�anization A�roun of people formallv or�anized for a common interest, usuallv cultural, reli�ious, or entertainment, with regular 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 orQanization for fundraisers, provided the trailers are screened from the ri�ht-of-wav and adiacent land-uses, do not adverselv impact parkin�; vrovided 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 ' Transnorta.tion standards for enclosed trailers. (c) Trailers shall be enclosed-tvne allowinQ contents to be screened on-site and from adiacent properties. �� PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 27TH DAY OF AUGUST, 20Q1. . . ATTEST: DEBRA A. SKOGEN — CITY CLERK Public Hearing: First Reading: Second Reading Publication: . . ._ i August 13, 2001 August 13, 2001 August 27, 2001 � SCOTT J. LUND — MAYOR � � Q77 OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 27, 2001 TO: William W. Burns, City Manager Ai � Bf Y FROM: DATE: SUBJECT: Deborah K. Dahl, Human Resources Directorc� August 23, 2001 Council Salaries Atta.ched for first reading is an ordinance to increase Council salaries by 4 percent (4%) effective January 1, 2002, and for subsequent yeazs. The ordinance was prepared pursuant to Chapter 2.07 of the Fridley City Charter which states: "Section 2.07.1 SALARIES AND EXPENSES. The Mayor and each Councilmember shall receive reasonable remuneration or salary, the annual amount and payment of which shall be prescribed by ordinance duly adopted on or before November 1 st of the yeaz preceding payment of the same. When authorized by the Council, its members shall be remunerated for their reasonable expenses incurred in connection with the City's business. The City Manager and all subordinate officers and employees of the City sha11 receive such reasonable compensation as may be fixed by the Council." Staff recommends Council's approval of the first reading of this ordinance. Attachment I. I � � ORDINANCE NO. AN ORDINANCE RECODIFYING TI� FRIDLEY CITY CODE BY AMENDING APPENDIX F TO PROVIDE FOR TI� ADJUSTMENT OF SAi.AUiF.S FOR TI� MAYOR AND COUNCILMEMBERS IN ACCORDANCE WITH SECTION 2.07 OF TI-iE CHARTER OF THE CITY OF FRIDLEY The City Council of the City of Fridley does hereby ordain as follows: The annual salaries for the Mayor and Councilmembers during 2002 and subsequent years shall be as follows: Mayor , $9,448.40 Councilmember-at-Large $7,760.48 Councilmember, Ward I $6,860.88 Councilmember, Ward II $6,860.88 Councilmember, Ward III $6,860.88 In addition, the Mayor and Councilmembers shall be entitled to the same beneiits enjoyed by full-time authorized employees of the City of Fridley. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 2001. ATTEST: DEBRA A. SKOGEN - CITY CLERK First Reading: Second Reading: Publication: 5 SCOTT J. LUND =1Vf�YOR / � CR7 OF FRIDLEY AGENDA ITEM. CITY COUNCIL MEETING OF AUGUST 27, 2001 DATE: � August 24, 2001 T0: William W. Burns, City Manager �\f �� I►'� SUBJECT: Background Scott Hickok, Community Development Director Grant Fernelius, Assistant HRA Director Consider Resolution Consenting to 2001 HRA Tax Levy Collectible in 2002 Since 1997 the HRA has utilized a general tax levy to help support the housing rehabilitation program. The levy is authorized under Minnesota Statutes 469.033 and equals .0144% of taxable market value on all real property in the City. On a typical Fridley rambler (average value of $135,000) the levy equates to roughly $19.00 per year. Although the levy can be used for any HRA activity, the Authority has used it to pay off the $1.5 million loan from the City. As you recall, the loan was issued by the City in 1997 to help capitalize the revolving loan program. The current loan balance as of December 31, 2000 was $757,662. Last year the Authority received $190,000 in levy revenue; already this year the Authority has collected $109,000 through the first-half property taxes. We anticipate that the 2002 levy generate approximately $200,000 to $210,000 in revenues. As part of the approval process, the City Council must consent to the HRA tax levy. Recommendation Staff recommends that the City Council approve the attached resolution consenting to a 2001 HRA tax levy collectable in 2002. M-01-122 �� RESOLUTION NO. A RESOLUTION CONSENTING TO THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF FRIDLEY, MINNESOTA ADOPTING A 2001 TAX ' LEVY COLLECTIBLE IN 2002. BE IT RESOLVED by the City Council (the "Council) of the City of Fridley, Minnesota (the "City"), as follows: Section L Recitals. 1.01. The Housing and Redevelopment Authority in and for the City of Fridley, Minnesota (the "Authority") at its regular meeting on August 2, 2001, adopted the attached HRA Resolution No. 2001 - : A Resolution Adopting A 2001 Tax Levy Collectible in 2002. 1.02. The Council must consent to any Authority levy prior to its becoming effective as required by Minnesota Statutes Section 469.033. Section 2. Consent. 2.41. The Council hereby consents to the HRA Resolution and to the levy described therein. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY, MINNESOTA THIS 27th DAY OF AUGUST, 2001. _ ATTEST: DEBRASKOGEN,CLERK \�PDC\VOL2\WPDATA�FIFRIDLEY`AS�DOCS\CITY RES - 2001.DOC � SCOTT LUND — MAYOR AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 27, 2001 CRY OF FRIDLEY TO: WILLIAM W. BURNS, CITYMANAGERxI� � Or FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR SUBJECT: RESOL UTIONA UTHORIZING THE ISSUANCE AND SALE OF THE $2,575,000 VARIABLE RATE DEMAND REVENUE REFUNDING BONDS, SERIES 2001(FRIDLEY B USINESS PLAZA LIMITED PARTNERSH�P PROJEC7� � DATE: August 23, 2001 This action is related to the initial Cornmercial Development Revenue Bonds that were issued in conjunction with the Fridley Plaza Partnership Project. The original bond issue occurred in 1986 and allows for periodic refinancing. Originally, the proceeds of the bonds were used to construct the building now located at 7110 University Avenue. The attached resolution has been reviewed by the City's bond counsel, Jim O'Meara. In this action, he has acted in the capacity of Issuer's Counsel. The law firm of Leonard, Street and Deinard has acted as Bond Counsel. This resolution will allow for the refinancing of the last bonds that were issued in 1986 in the amount of $2,790,000. It also sets up a new bond indenture that provides for items such as a remazketing agent and a trustee. All of the bond documents have been reviewed by Jim O'Meara, minor corrections have been made where appropriate. As in other issues similar to this, the City has no liability since this is a conduit refinancing. We have received a payment from the Fridley Plaza. Limited Partnership of $3,500 to offset all administrative costs associated with the refinancing. Staff is recommending approval of the attached resolution. RDP/me Attachment : RESOLUTION NO. - 2001 RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF �2,575,000 CITY OF FRIDLEY, MINNESOTA VARIABLE RATE DEMAND REVENUE REFUNDING BONDS, SERIES 2001 (FRIDLEY BUSINESS PLAZA LIMITED PARTNERSHIP PROJECT) BE IT RESOLVED by the City Council of the City of Fridley, Minnesota (the "Issuer"), as follows: 1. The Issuer has previously issued its $2,800,000 Commercial Development Revenue Bonds (Fridley Business Plaza Limited Partnership Project) (as reissued from time to time, the "Prior Bonds") pursuant to an Indenture of Trust dated as of September 1, 1986, by and between the Issuer and U.S. Bank Trust National Association (as successor trustee to Norwest Bank Minnesota, National Association) (the "Prior Trustee") as amended and restated as of December 1, 1986, and as further amended from time to time (the "Prior Indenture"), and loaned the proceeds thereof to Fridley Business Plaza Limited Partnership (the "Borrower") to finance the acquisition and construction of an approximately 58,000 square foot commercial and industrial rental facility located within the corporate boundaries of the Issuer (the "Project"). 2. Pursuant to Section 469.155, Subd. 12 of the Municipal Industrial Development Act, Chapter 474 of Minnesota Statutes 1986, recodified as Minnesota Statutes, Sections 469.152 through 469.1651, as amended (the "Act"), the Issuer has been requested by the Borrower to issue refunding bonds to refund the outstanding principal amount of the Prior Bonds, and to pledge revenues as provided in the Trust Indenture dated as of August l, 2001 (the "Indenture"), by and between the Issuer and U.S. Bank Trust National Association as trustee (the "Trustee"). 3. Pursuant to the Indenture, the Issuer has been requested to issue its Variable Rate Demand Revenue Refunding Bonds, Series 2001 (Fridley Business Plaza Limited Partnership) (the "Boncls") in an amount not exceeding $2,575,000 to piovide funds to refund the outstanding principal amount of the Prior Bonds. 4. A Bond Purchase Agreement (the "Bond Purchase Agreement") in substantially the form on file with the Issuer would be executed by Dougherty & Company LLC as the Underwriter, the Borrower, the purchaser of the Bonds, and the Issuer, providing for the sale of the Bonds by the Issuer to the purchaser of the Bonds at a price of not less than the principal amount of the Bonds plus accrued interest, subject to the conditions therein set forth. 5. Subject to the conditions stated herein, the Bonds may be issued in the maximum aggregate principal amount of $2,575,000, maturing and subject to redemption as provided in the Indenture (described below), to bear interest initially at a variable rate under the circumstances described in the Indenture, in any event not to exceed 12.00% per annum during the Variable Rate Period and convertible to a Fixed Rate as provided in the Indenture, interest being payable on dates as provided in the Indenture. � �'. Resolution No. - 2001 Page 2 6. Forms of the following documents relating to the Bonds and the Prior Bonds have been provided to the Issuer: a. Loan Agreement between the Issuer and the Borrower, to be dated as of August 1, 2001. .� 0 b. Trust Indenture between the Issuer and the Trustee, to be dated as of August 1, . 2001. _ c. The Bond Purchase Agreement. d. A Fourth Supplemental Indenture of Trust, supplementing the Prior Indenture. The Mayor and the City Manager aze authorized in their discretion, at such time, if any, as they may deem appropriate, to execute the above documents. 7. The Bonds (if issued) shall be in substantially the form set forth in the Indenture. 8. The appointment of U.S. Bank Trust National Association, as Trustee and Tender Agent under the Indenture is hereby approved, ratified and confirmed. 9. The proceeds of the Bonds shall be deposited as provided in the Indenture. 10. The Loan Agreement, the Indenture, the Fourth Supplemental Indenture, the Bonds and the Bond Purchase Agreement, and such other documents as may be requested of the City to execute in connection with the issuance of the Bonds shall be subject to the review and comment of Briggs and Morgan, the City's special issuer's counsel for the Bonds. � PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF AUGUST, 2001. ATTEST: DEBRA A.SKOGEN — CITY CLERK 10 SCOTT J. LUND - MAYOR a � AGENDA ITEM COUNCIL MEETING OF AUGUST 27, 2001 CfTY OF FRIDLEY TO: WILLIAM W. BURNS, CITYMANAGER ��y n ' FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR t"�' SUBJECT: RESOL UTION TO WRITE OFF THE BALANCE OF THE LOAN TO THE FRIDLEYHISTORICAL SOCIETY DATE: 8/20/2001 In 1989 the City of Fridley provided a no interest loan to the Fridley Historical Society. The loan totaled $7,000 for a ten year period and was used for landscaping improvements. When the loan was provided, the Historical Society was in the process of renovating the former Hayes Elementary School to serve as its museum. The Historical Society used a combination of funds to accomplish this task. They received a grant from the State of Minnesota in the amount of $50,000, along with other funds from the City of Fridley. Since 1989, there have been no payments received towards the principle outstanding on this loan. We have recently received a letter from Suzanne Miskowic, President of the Historical Society, indicating that they do not have the funds to cover the repayment of the loan, and are requesting that the loan be forgiven. The attached resolution provides forgiveness on this loan. RDP/me 11 RESOLUTION NO. - 2001 A RESOLUTION AUTHORIZING THE FORGIVENESS OF A$7,000 LOAN TO THE FRIDLEY HISTORICAL SOCIETY WHEREAS, the Fridley Historical Society was established in order to preserve the heritage of the City of Fridley for future generations; and WHEREAS, it is in the public interest to preserve, maintain, and exhibit photographs, documents, artifacts, and other materials relating to the history of the City of Fridley; and WHEREAS, the Fridley Historical Society has been unable to meet its obligation to the City of Fridley for the repayment of the $7,000 loan; and WHEREAS, the President of the Fridley Historical Society has requested of the City of Fridley that the loan provided to the Fridley Historical Society in the amount of $7,000 be forgiven. ° NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley that the $7,000 ten year no interest loan provided to the Fridley Historical Society in 1989 be forgiven. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 27th DAY OF August , 2001. ATTEST: DEBRA A. SKOGEN - CITY CLERK SCOTT J. LUND - MAYOR 12 :. .i I�'•'r' � yM�� '� A ��1�� C�'� 611 Mississippi Street N.E. Fn,i,dCey, Iu.i,reneeoxa 55432 August 13, 2001 Mayor Scott Lund, Fridley Municipal Center 6431 University Avenue NE Fridley, MN 55432 Dear Mayor Lund, It has been brought to n�y attention through a phone call from Mr. Rick Prible, Finance Manager, to our former President Lillian Meyer that correspondence should be direct- ed to the Mayor and Council regarding the balance of the $7000 loan due the city from us. As you are well aware, the Fridley Historical Society derives no dollars from any governmental source - county or city. During the past two years we have spent over $50,000 which was a grant from the state legislature. It was required that the entire amount be spent on renovation projects. We have complied in that reqard. Needless to say the few dollars we make from dues and one special event simply pays for the overhead of tiz� building. On behalf of the board of directors of the Fridley Historicai Society, as their spokesman, I am requesting that the balance of the $7000 be forgiven. We would be most grateful for your attention to this matter. We do request this forgiveness because we serve a valuable service to the residents of Fridley. We look forward to hearing from you on this matter. Sincerely, i� ' ,- r�� l� ,' �!-C � � i � t �/1-�._____ _ ; Suzanne Miskowic President 13 - : AGENDA ITEM � CITY COUNCIL MEETING OF F�O� August 27, 2001 , To: William W. Burns, City Manager�cN� From: Richard D. Pribyl, Finance Director � i Debra A. Skogen, City Clerk � Date: August 20, 2001 Re: Scheduling of Public Hearing of Proposed 3.2% Malt Liquor License To Applicant Okhul L. Yang for the Oriental House Restaurant Located at 5865 University Avenue NE A 3.2% malt liquor license application has been received from Okhul L. Yang for the Oriental House Restaurant located at 5865 University Avenue NE.. Ms. Yang is the new owner of the Oriental House Restaurant. A public hearing needs to be scheduled for the City Council to review the application. In order to provide enough time to get the notice published, staff is recommending a public hearing be scheduled for September 10, 2001. Final approval of the license could then be scheduled for September 17, 2001. Staff recommends scheduling a public hearing on September 10, 2001. 1� CRY OF FRIDLEY AGENDA ITEM COUNCIL MEETING OF au�usT 27, zoo� CLA1 MS 10i �04 - �0�3i6 15 / L QTY OF FRIDLEY Type of License: FOOD Cozy Cafe 6215 University Ave NE Fridley, MN 55432 � AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 27, 2001 L/CENSES � Approved By: Mosad Aly Public Safety _ Fire Inspector Community Development 16 Fee $45 i � City of Fridle AGENDAITEM City Council Meeting Of Monday, August 27, 2001 $lC=. Electrical Gephart Electric Co Inc 3550 Labore Rd STE 11 Ginny Pastorius St Paul MN 55110- Peoples Electrical Communications Cont 277 East Fillmore Ave Bruce Neumann St Paui MN 55107-1403 Gas Services Advantage Air Inc 325 130 St W Kent Hoffman Shakopee MN 55379 Market Mechanical 8701 Wyoming Ave N Mark Duffney Brooklyn Park MN 55445- Pride Heating 8� Air Cond Inc 22713 Buchanan St NE James McFarland III East Bethel MN 55005-9707 General Contractor-Commercial RJK Contracting 7901 Beech St NE Roger Kjellberg Fridley MN 55432- General Contractor-Residential Ace Construction (20001884) 6230 218 Ave Michael Archaubault Elk River MN 55330- 17 Ap�roved By: State of MN State of MN Ron Julkowski Building Official Ron Jutkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official State of MN ! j � a � i � Albrecht Construction Services (5125) RR 1 PO Box 183 James Albrecht Motley MN 56466- Walek, Tom Construction (20226198) 3621 Roosevelt St Tom Walek St Anthony MN 55418 H a in Advantage Air Inc 325 130 St W Kent Hoffman Shakopee MN 55379 Grendahl Mechanical Inc 6135 Kellogg Ave S STE 224 Jerry Grendahl Minneapolis MN 55424- Market Mechanical 8701 Wyoming Ave N Mark Duffney Brooklyn Park MN 55445- Pride Heating 8 Air Cond Inc 22713 Buchanan St NE James McFarland III East Bethel mN 55005-9707 Plumbina Groth Sewer 8� Water 775 Tower Dr Larry Groth Hamel MN 55340 Roofing Imperial Roof Systems Co PO Box 522 James Hauer West Union IA 52175- 1 •� A{�aroved Bv• State of MN State of MN Ron Julkowski Ron Julkowski Building Official Ron Juikowski Building Official Ron Julkowski Building Official State of MN Ron Julkowski Building Official { � � ClTY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF Au�usT 27, zoo� ESTIMATES Dave Perkins Contracting, Inc. 14230 Basalt Street N.W. Ramsey, MN 55303 2001 Street Improvement Project , No. ST. 2001-1 EstimateNo. 4 ......................................................................................................... $105,732.15 Lametti & Sons, Inc. 16028 Forest Boulevard North Hugo, MN 55038 Sanitary and Storm Sewer Lining Project No. 337 EstimateNo. 1 ......................................................................................................... $ 24,006.50 � i � � � CRY OF FRIDLEY Date: �IC•� .� � i AGENDA ITEM CITY COUNCIL MEETING OF Qugust 27, 2001 August 14, 2001 William Burns, City Manager ` � From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Julie Jones, Environmental Planner Subject: Chapter 113 Public Hearing Background An error was made at the August 13 City Council meeting regarding the public hearing to be held regarding Chapter 113 of City Code. This is the solid waste disposal and recycling collection portion of code. The public hearing cannot be held on August 27, because there was not enough time allowed for legal publication. Recommendation Staff apologizes for the confusion and recommends that the City Council reschedule the public hearing regarding Chapter 113, Solid Waste Disposal and Recycling Collection to September 10. This will allow time for the public hearing notice to be publicized on August 30 and September 6. This date will also match the date listed in a recent mailing to the refuse haulers and in the August City Newsletter. -- — 20 AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 27, 2001 cmr oF FRIDLEY DATE: August 22, 2001 � � �V' TO: William W. Bums, City Manager -1 ' FROM: Scott J. Hickok, Community Development Director SUBJECT: Continuation of the Public Hearing - Determination of Status of a Small Parcel of Property Within the Gateway East Development Plat Introduction At the August 13, 2001, City Council meeting, Council discussed the disposition of a small piece of City-owned property that was never conveyed to the developer. This was a developer/surveyor oversight. The purpose of this memorandum is to recommend that the City Council continue the public hearing, take additional public comment, and close the hearing. Also on the Council's August 27, 2001, meeting agenda is a legislative item recommending that the Council deem this parcel. excess and approve conveyance to the developer. Issues The City acquired this 312.5 s.f. parcel 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 rime 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. Recommendation Staff recommends that the City Council continue to hold the public hearing, take public comment, state for the record the City's intention to declare land excess and deed to developer, and then close the public hearing. M-01-124 21 / AGENDA ITEM � CITY COUNCIL MEETING OF AUGUST 27, 2001 QTY OF FRIDLEY DATE: August 22, 2001 � TO: William W. Burns, City Manager �� FROM: Scott J. Hickok, Community Development Director SUBJECT: Legislative Action - Determination of Status of a Small Parcel of Property within the Gateway East Development Plat Introduction The purpose of this memorandum is to recommend that the City Council declare 312.5 s.f. of land in the Gateway East Development excess and deed that land to the developer. Issues 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 declare land excess and deed it to the developer Recommendation Staff recommends that the City declare land excess and deed it to the developer. M-01-125 ZZ :� � � ClTY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 27, 2001 Date: August 22, 2001 To: Wiliiam Burns, City Manager �,� � From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Bulthuis, Planner RE: First Reading for ZTA #01-04 M-01-120 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. Adopting Chapter 1306 of the Minnesota State Building Code requires any existing building increased in floor area or having an occupancy classification change to be sprinklered. The only discretion given to the City is in the 2,000 or 5,000 square foot option for new construction. City Staff has chosen the 2,000 square foot option because it is more restrictive. The Fire Department has the manpower to handle fires in 2,500 square foot building without sprinklers, anything over that would require additional fire fighting reinforcement. For exampte, a building at 3,500 square feet would require additional fire assistance. Adopting the 2,000 square foot option would ensure that a building of this size would have a fire suppression system. PAST COUNCIL ACTION At the August 13, 2001, City Council Meeting a public hearing was held for ZTA #01-04. 23 STAFF RECOMMENDATION City Staff recommends that the City Council hold the first reading of ZTA #01-04. Staff further recommends concurrence with the Planning Commission in approval of ZTA #01-04. 24 COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION Memorandum DATE: TO: FROM: SUBJECT: July 12, 2001 Planning Commission Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Ron Julkowski, Chief Building Official Ralph Messer, Fire Marshall Stacy Bulthuis, Planner ZTA 01-04, Adoption of Chapter 1306 —��Special Fire Protection Systems" of the Minnesota Building Code INTRODUCTION Ciry 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 portion of Chapter 603.03, "Intoxicating Liquor, Application." Both of these sections will then be replaced by adopting Chapter 1306, "Special Fire Protection Systems" of the Minnesota Building Code by amending Chapter 206 of the City Code. WHY IS THE ADOPTION NECESSARY? � The City Attorney has advised that the City's current sprinkler system legislation should not be predicated on zoning or as a liquor licensing issue, and in it's current state it is unenforceable. 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, consistent and fair sprinkler system ordinance. Chapter 1306 is a"minimum-maximum" standard, that is, municipalities that adopt it are not allowed to change the requirements to make the standard more of less restrictive. • In the interest of fire and life safety, automatic sprinkler systems have a proven record of reducing life and property loss if a fire occurs. WHAT WILL BE THE IMPACT OF THE CHANGE? • Chapter 1306 specifically states what occupancies are affected and establishes the threshold where the provisions apply, please see attached packet of information. Provisional thresholds are established by square 25 footage and/or occupant load in new construction, buildings increased in floor area and buildings which have an occupancy or use classification changed. WHO WILL BE AFFECTED? • It is anticipated that many City permitted building projects will not be affected by adopting Chapter 1306. � From 1993 to 2000, the City of F�idley Inspections Department issued 884 building permits. Only 16 (or less than 2%) of those construction projects would have been affected under the provisions of Chapter 1306 (see listing of those construction projects included in the information packet). WHAT ARE OTHER CITIES DOING? All surrounding communities with the exception of Columbia Heights have adopted Chapter 1306 of the Minnesota State Building Code. Please see attached information packet for a complete list. STAFF RECOMMENDATION - City Staff recommends approval of the proposed Zoning and City Code text amendments to ensure consistency with the Minnesota State Building Code requirements. Attached are the proposed changes to the current City Code language. m Ordinance No. AN OR.DINANCE AMENDING CHAPTERS 205, 206, AND 603 OF THE FRIDLEY CITY CODE PERTAINING 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 Chapter 205 be amended by deleting the following language: Chapter 205. Zoning 205.04 General Provisions F• _ . _ ••.tir�ritir�.��i�r•i.�rr�-�r�.r.�[y �� e � .�� e. � �� . . . � . . � � . � �� e. �� -- — � � � � e e. �� . 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: 27 Ordinance No. Page 2 � Site plans for the premises indicating property and building location, pazking area, landscaping and screening. Minimum 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. }��ese�t�3�e��s�s e� t�e�-s��c� s3�s�e�� e b��s��e� �� "e�'= � 15. Other requirements are: i� i��-�,i��A6E�� 26�$�i�6�3i2�i�6$l��A�i$C�� v i°ovoiY°v a iiqav: ixvcx:oo o:iaii�o rmti,:..ea *,. „�*.,tl .. .. «l�to ..�*o«., .7„ ' '�:,,t *... �' �.1, -i nt•'" �� "ir�-aaeiarwi:verave:vavrercv � $ n�t •�«;..,. �..*�hlial�mr�ntr nnt ciino„��..: .. ,.�., �:,.,, �• x:xx �+xci o �" r" v �„+1,.,�:�.,*;.,., +.. 1.0 .... «+e.7 ., 1:.,,..,« l;,.e..�e ,,, ,�+ :«..*.,11 „ Ll � �' e ..F .. 1' 1' 1. ♦ a r � r � `3 � i��l. ii.. ..t 1...:� ni1S'lil�G�(tT F'YCifltYl iYL1•n+ :..n�..11 ., ..1�1 .. * ��1.� r � ny� � +—•�-=n�+ �: 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 — Svecial Fire Protection Svstems �: 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 3- K. Chapter 1340 — Facilities for the Handicapped � L. Chapter 1346 — Minnesota. 1991 Uniform Mechanical Code ;� Ordinance No. �: M. Chapter 1350 — Manufactured Homes #�: N. Chapter 1360 — Prefabricated Buildings � O. Chapter 1361— Industrial�zed/Modular Building 9- P. Chapter 1370 — Storm Shelters �: Q. Chapter 4715 — Minnesota Plumbing Code Q- R Chapter 7670 — Minnesota Energy Code Page 3 PASSEI� AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 2001. A TTEST: DEBRA A. SKOGEN — CITY CLERK Public Hearing: First Reading: Second Reading: Publication: 29 SCOTT J. LUND - MAYOR / AGENDA ITEM � CITY COUNCIL MEETING OF AUGUST 27, 2001 CfTY OF FRIDLEY DATE: August 20, 2001 � TO: Wiiliam W. Burns, City Manager �� FROM: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Bulthuis, Planner RE: Variance Request, VAR #01-10, Jamb Architects for Miller Funeral Home M-01-119 INTRODUCTION Miller Funeral Home is seeking three variances that will reduce the front and side yard setbacks to construct three additions totaling 3,601 square feet to their existing facility located at 6210 Highway 65. 1. The first variance is to reduce the front yard setback on the northeast side of the building from 80 feet to 58.25 feet to construct a 5 ft. by 17.67 ft. addition. 2. The second variance is to reduce the side yard setback on the north side of the building from 15 feet to 3.7 feet to construct a 60 ft. by 17.65 ft. addition. 3. The third variance is to reduce the side yard setback on the southwest side of the building from 80 feet on a corner lot to 37.4 feet to construct an 83.66 ft. by 29.33 ft. addition. The north expansion to Miller Funeral Home would provide additional storage and garage space, which the west expansion would provide additional space for the chapel, worship, display, and office area. ANALYSIS All of these variances are within previously granted dimensions on this site and if they are granted it will essentially fill in the available area of the building to make it a"box shape". Staff's research has determined that if these variances are 30 i granted and the additions are constructed, the site will be fully built out. The proposed additions will increase the size of the building by 3,601 square feet. With the proposed expansions the site will still meet its requirements for parking and lot coverage. APPEALS COMMISSION RECOMMENDATION At the August 8, 2001, Appeals Commission meeting, a public hearing was held for VAR #01-10. After a brief discussion, the Appeals Commission recommended approval of variance request, VAR #01-10, as these variances are within previously granted dimensions for this site, with the stipulations as presented. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMNEDATION City Staff recommends concurrence with the Appeals Commission. STIPULATIONS 1. Petitioner shall obtain any required permits prior to beginning construction. 2. Parking lot to be restored to Code requirements for paving, curbing, and painting after the addition is completed. 3. The additions shall be architecturally compatible with the existing building and finished with the same siding and color scheme. 4. Landscaping on the north side of the building to be restored to Code requirements after the addition is completed. 5. Because the design submitted for the north side of the building will be 3.7 feet from the property line and will have a visual affect on adjacent properties an architectural treatment designed to add visual interest and break-up the aesthetics of a 120 foot featureless wall shall be reviewed and approved by staff prior to issuance of a building permit. 31 City of Fridley Land Use Application VAR #01-10 August 2, 2001 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Jamb Architects Miller Funeral Home 4119 White Beaz Pazkway 6210 Highway 65 Suite 100 Fridley MN 55432 White Bear Lake MIv 55110 Requested Action: • Variance to reduce the front yard setback for an addirion to the existing building • Variances to reduce the side yard setbacks for an addirion to the existing building Existing Zoning: C-3 (General Shopping) Location: 6210 Highway 65 NE Size: 83,760 sq. ft. 1.92 acres Existing Land Use: Funeral Home Surrounding Land Use & Zoning: N: Veterinary Clinic & C-3 E: TH 65 & Right-of-way S: Church & R-3 W: Single Family & R-1 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Section 205.15.3.C.(1) requires an 80 foot front yard setback from any public right-of- way. Secrion 205.15.3.C.(2) requires a 15 foot side yard setback. • Secrion 205.153.C.(2) ((b)) requires an 80 foot side yard setback where a side yard abuts a street of a corner lot. Zoning History: See attached staff report. Legal Description of Property: Lots 3-4, Block 1, Herwal 2°d Addition Public Utiliries: Building is connected ``L Transportation: West Moore Lake Drive provides access to the building. Physical Characteristics: Lot consists of building, parking lot, and landscaping SUMMARY OF PROJECT Miller Funeral Home is seeking to: Reduce the front yazd setback on the north east side of the building from 80 feet to 58.25 feet; • Reduce the side yard setback on the north side of the building from15 feet to 3.7 feet; • Reduce the side yard setback on the southwest side of the building from 80 feet on a corner lot to 37.4 To allow for the const�uction of additions totaling 3,601 square feet to the existing building. SUMMARY OF HARDSHIP "Change usage of building to single locale requires more storage/viewing space. In the mid 1990's Miller Funeral Homes, Inc., sold two of its locations, retaining only the Fridley site. Due to this occurrence and OSHA regulations regarding embalming, they have had to maximize the use of the space within the building. The variances would allow more e�cient use of the interior for gatherings and storage. " SUMMARY OF ANALYSIS City Staff has no recommendation, as similar variances on this site have been granted in the past. CITY COUNCIL ACTION/ 60 DAY DATE City Council — 8/27/O 1 60 Day — 9/4/O1 Staff Report Prepared by: Stacy Bulthuis VAR #01-10 REQUEST Miller Funeral Home is seeking three variances that will reduce the front and side yard setbacks to construct three additions totaling 3,601 square feet to their existing facility located at 6210 Highway 65. The first variance is to reduce the front yard setback on the northeast side of the building from 80 feet to 58.25 feet to construct a 5 ft. by 17.67 ft addition. 2. The second variance is to reduce the side yard setback on the north side of the building from 15 feet to 3.7 feet to construct a 60 ft. by 17.65 ft. addition. 3. The third variance is to reduce the side yard setback on the southwest side of the building from 80 feet on a corner lot to 37.4 feet to construct an 83.66 ft. by 29.33 ft. addition. The no�th expansion to Miller Funeral Home would provide additional storage and garage space, while the west expansion would provide additional space for the chapel, worship, display and office area. �ew of Existing Funeral Home SITE DESCRIPTION AND HISTORY The property is located in the northwest corner of the intersection of Highway 65 and West Moore Lake Drive. Located on the property are a 6,348 square foot mortuary and an 1,800 square foot garage. The following activities have occurred on the property since 1963: 33 • 1963 — Vari��nces were granted for building setbacks, parking stalls, and driveway location for �� funeral home. • 1967 — Issu��nce of a building permit for the funeral home. • 1987 — A va�riance was granted to reduce the side yard setback on a corner lot to 35 feet to allow construction of a building addition on the west end of the funeral home. • 1993 — A vairiance was granted to reduce the side yard setback to 3 feet to allow a hearse enclosure. • 1994 — A va�riance was granted to increase the size of a freestanding sign and a 30 ft. by 60 ft. garage was built. • 1996 — A va�riance to reduce the side yard setback was approved, a variance to reduce the r�ear yard setback was denied; and additional side and rear yard setback variances were denied. • 1998 — A variance to reduce the side yard setback to 37 feet was approved. • 1998 — A variance to reduce the side yard setback to 37 feet was approved. ANALYSIS Front Yard Setbac;k Variance The variance request to reduce the front yard setback on the northeast side of the building from 80 feet to 58.2.5 feet will allow for the construction of a 5-foot by 17.67-foot addition. This area will be us�ed as additional garage space. vew of Proposed Front Yard Addition 34 Side Yard Setback Variance The variance request to reduce the side yard setback on the north side of the building from 15 feet to 3.7 feet will allow for the construction of a 60 ft. by 17.65 ft. addition. This part of the expansion will be used for additional storage and garage space. View of Proposed North Side Yard Addition The purpose of the side yard setback is to provide adequate open space around commercial structures for aesthetics and to maintain a higher degree of traffic visibility. In 1993, a variance was granted to reduce the side yard setback from 15 ft. to 3 feet to allow the construction of a 24 ft. by 17 ft. hearse enclosure. If this variance is granted, the entire length of the existing building, which is 120 ft., will be reduced to a 3.7 ft. side yard setback. Upon review of this project, staff determined that this additional 95 ft. to the north side of the building would become more intrusive to the adjacent property owner. The Skyline Veterinary Hospital will be within 46 feet of the proposed expansion and for that reason, staff has stipulated that an architectural treatment designed to add visual interest and break-up the aesthetics of a 120 foot featureless wall shall be reviewed and approved by staff prior to issuance of a building permit. Side Yard Setback on a Corner Lot The variance request to reduce the side yard setback on the southwest side of the building from 80 feet on a corner lot to 37.4 feet will allow for the construction of 89.66 ft. by 29.33 ft. addition. This space will be used for additional chapel, worship, display and office area. Variances in both 1996 and 1998 were granted for this property to the same dimension. 35 View of Proposed West — Side Yard on a Corner Lot Addition The proposed additions will increase the size of the building by 3,601 square feet. The square footage of the proposed, existing, and accessory building is 11,749 square feet and lot coverage ori this site is 14%. The maximum allowed by a one story building and accessory building in the C-3 Zoning District is 40%. This site currently has 83 parking spaces. The existing building requires 42 parking spaces. The 3,601 square foot addition will accommodate a mixture of uses, such as additional room for storage and garage space, as well as additional room for the chapel, worship, display arnd office area. Using the general standard of one parking space per 150 square feet of floor area, 24 additional parking spaces would be required. This site requires a minimurr� of 66 parking spaces and it currently has 83 parking spaces, so it --- meets the City's requirements regarding parking spaces. The Miller Funeral Home also has had a reciprocal parking agreement with St. Phillips Lutheran Church to the south since 1967. Staff's research on �this site has determined that if these variances are granted and the additions are constructed, the site will be fully built out. HARDSHIP STATI=MENT "Change usage of t�uilding to single /oca/e requires more storage and viewing space. In the mid 1990's Mill��r Funeral Homes, Inc. sold two of its locations, retaining only the Frid/ey site. Due tc� this occurrence and OSHA regulations regarding embalming, they have had to maxim,ize the use of the space within the building. The variances would allow more efficient use of the interior for gatherings and sforage. " 36 RECOMMENDATIONS City Staff has no recommendation, as these requests are within previously granted dimensions on this site. Similar variances granted in the past include the following: Front Yard Setback — Variances granted in 1963 for the construction of the Funeral home. Side Yard Setback — VAR #93-33 by Miller Funeral Home To reduce the side yard setback from 15 feet to 3 feet. Side Yard Setback on a Corner Lot— VAR #99-04 and VAR #98-09 To reduce the side yard setback from 80 feet to 37 feet STIPULATIONS If the Appeals Commission were to recommend that the Council grant these variances requests, staff recommends that the following stipulations be attached. 1. Petitioner shall obtain any required permits prior to beginning construction. 2. Parking lot to be restored to Code requirements for paving, curbing, and painting after the addition is completed. 3. The additions shall be architecturally compatible with the existing building and finished with the same siding and color scheme. 4. Landscaping on the north side of building to be restored to Code requirements after the addition is completed. 5. Because the design submitted for the north side of the building will be 3.7 feet from the property line and will have a visual affect on adjacent properties an architectural treatment designed to add visual interest and break-up the aesthetics of a 120 foot featureless wall shall be reviewed and approved by staff prior to issuance of a building permit. 37 CITY OF FRIDLEY APPEALS COMMISSION MEETING AUGUST 8, 2001 � PUBLIC HEA,RING: VARIANCE REQUEST, VAR #01-09, BY JAMB ARCHITECTS: • Per S�ection 205.15.3.C.(1) of the Fridley Zoning Code, to reduce the front yard setback on the northeast side of the building from 80 feet to 58.25 feet; • Per S�ection 205.13.3C.(2) of the Fridley Zoning Code, to reduce the side yard setback on the north side of the building from 15 feet to 3.7 feet; • Per S�ection 205.13.3C.(2).(b) of the Fridley Zoning code, to reduce the side yard setba�,k on the southwest side of the building from 80 feet on a corner lot to 37.4 feet; To allow the c;onstruction of additions to the existing Miller Funeral Home building totaling 3,601 square feet on Lots 3-4, Block 1, Herwal 2"d Addition, generally located at 6210 Highway 65. MOTION by Ms. Jacicson, seconded by Mr. Jones, to waive the reading and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED .AND THE PUBLIC HEARING OPENED AT 7:31 P.M. Ms. Bulthuis stated that the petitioner is requesting three variances that will allow additions totaling 3,601 square feet to the existing building. The following activities have occurred on the properties since 196:3: 1963 - Variances were granted for building setbacks, parking stalls, and driveway location. 1967 - A builcling permit was issued for the funeral home. 1987 - A vari��nce was granted to reduce the side yard setback on the corner lot to 35 feet. 1993 - A vari��nce was granted to reduce the side yard setback to three feet to allow a hearse enclosure. 1996 - A vari�ince was granted to reduce the side yard setback, and additional side and rear yard variances were denied. 1998 - Two v�3riances were granted to reduce the side yard setback to 37 feet. Ms. Bulthuis stated that the petitioner is proposing to construct a 5 ft. by 17.67 ft. addition on the northeast side of the building that will be used for additional garage space. A 60 ft. by 17.65 ft. addition for additional storage and garage space is proposed on the north side of the building. The purpose of the side yard setback is to provide adequate open space around commercial structures for aesthetics and maintain higher traffic visibiliry. In 1993, a variance was granted to reduce the side yard setback from 15 feet to 3 feet for a hearse enclosure. If this variance is granted, the entire length of the building will be 120 feet. The setbacks will be reduced to 3.7 feet for the entire structure. Ms. Bulthuis stated siraff has determined that the additional 95 feet to the north side of the building will become i�nore intrusive to the adjacent property owner. The Skyline Veterinarian Hospital will be within� 46 feet of the proposed expansion. Staff has stipulated that an architectural treatment designed to add visual interest and to break up the aesthetics of the 120- foot featureless wall be reviewed and approved by staff prior to issuance of the building permit. An 89.66 ft. by 29.33 ft. addition on the west south of the building will reduce the corner lot : APPEALS COMMISSION MEETING, AUGUST 8, 2001 PAGE 2 setback from 80 ft. to 37.4 ft. and would be used for additional chapel, worship, display, and office area. Variances in 1996 and 1998 were granted for this property to the same dimension. Ms. Bulthuis stated Fridley City Code requires a maximum of 40% lot coverage for a one story building and accessory building in the C-3 Zoning District. The proposed additions will increase the size of the building by 3,601 square feet. The total square footage of all existing and proposed buildings would be 11,749 square feet. Lot coverage on the site is 14%, which is 26% less than the total allowed by code. The site requires a minimum of 66 parking spaces. The site currently has 83 parking spaces so it meets the City's requirements for parking. Miller Funeral Home also has a reciprocal parking agreement with St. Phillips Lutheran Church located across the street. Ms. Bulthuis stated the petitioner's hardship statement is as follows: "Change in usage of building to single locale requires more storage/viewing space. In the mid 1990's Miller Funeral Homes, Inc., sold two of its locations, retaining only the Fridley site. Due to this occurrence and OSHA regulations regarding embalming, they have had to maximize the use of the space within the building. The variances would allow more efficient use of the interior for gatherings and storage." Ms. Bulthuis stated that staff has no recommendations as these requests are within previously granted dimensions of this site. However, if the Appeals Commission recommends approval of the variances, staff recommends the following stipulations: 1. The petitioner shall obtain any required permits prior to beginning construction. 2. The parking lot shall be restored to Code requirements for paving, curbing, and painting after the addition is completed. 3. The additions shall be architecturally compatible with the existing building and finished with the same siding and color scheme. 4. Landscaping on the north side of the building shall be restored to Code requirements after the addition is completed. 5. Because the design submitted for the north side of the building will be 3.7 feet from the property line and will have a visual affect on adjacent properties, an architectural treatment designed to add visual interest and break-up the aesthetics of a 120 foot featureless wall shall be reviewed and approved by staff prior to issuance of a building permit. Mr. Jerry Anderson, owner of Jamb Architects, stated they have reviewed tMe stipulations and have the same concerns as staff. They would be happy to work with staff to come up with something in terms of the brick patterns and perhaps landscaping to soften the edges of the featureless wall to make it more appealing. Mr. Kuechle asked if the footprint of the proposed addition would almost be a box shape. Mr. Anderson stated they are kind of filling in the available area to maximize the building. The funeral home would either have to relocate or be relocated in the parking area to allow Mr. Miller to expand his operation any further. The existing building would have to be demolished and expanded into parking area to avoid setback issues. They have tried to maintain the same character in terms of finish and design of the existing building. There is an existing easement on the west side for utilities, and they cannot expand any further into this area for a canopy. Dr. Vos stated they still have some break up on the south side. �� APPEALS COMMISSION MEETING, AUGUST 8, 2001 PAGE 3 Mr. Anderson stated that the items to the south of the new west entry are pretty much for visitation and showrc�oms and office. The northerly portion is more storage and functional use. They would be happy to work with staff for something more desirable. Mr. Jones asked if ttie canopy would be rebuilt. Mr. Anderson stated that it would not be rebuilt. Dr. Vos asked if there was any discussion with the veterinarian hospital north of the building. Mr. Anderson stated that he has not discussed anything with them, and they have not received any feedback from neighboring properties. Dr. Vos stated that the two denials given before were about the garage coming up against the neighboring properti��s in the back. MOTION by Dr. Vos, seconded by Ms. Jackson, to close the public hearing. UPON A VOICE VCITE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 7:48 P.M. Dr. Vos stated that A�iller Funeral Home has been consistent with what they are trying to do on that property to keeF� it well maintained. It is within the spirit of the code and he would vote for all the variance requests. Ms. Jackson stated :she has no problem with it; the building is well used and attractive. Mr. Jones stated that he does not have a problem with this, and they do a good job trying to have a good looking product once it is done. The business is growing and trying to best accomplish using the; space they have. Mr. Kuechle stated he concurred and would recommend approval. MOTION by Ms. Jackson, seconded by Dr. Vos, to recommend approval of VAR #01-10 with the following stipulations: -- — 1. The petitioner shall obtain any required permits prior to beginning construction. 2. The parking lot shall be restored to Code requirements for paving, curbing, and painting after the addition is completed. 3. The addition;� shall be architecturally compatible with the existing building and finished with the sam�: siding and color scheme. 4. Landscaping on the north side of the building shall be restored to Code requirements after the addition is completed. 5. Because the design submitted for the north side of the building will be 3.7 feet from the property line and will have a visual affect on adjacent properties, an architectural treatment de:>igned to add visual interest and break-up the aesthetics of a 120 foot featureless w�all shall be reviewed and approved by staff prior to issuance of a building permit. UPON A VOICE VO'TE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. . � � � CRY OF FRIDIEY To: - From: Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 27, 2001 William W. Burns, City Manager �n� Richard D. Pribyl, Finance Director Craig E. Ellestad, Accountant August 23, 2001 Resolution Certifying the "Proposed" Tax Levy Requirements for 2002 to Anoka County In conformance with Chapter 275, Section 065 of the Minnesota Statutes, attached is a resolution certifying the "proposed" tax levy requirements to the Anoka County Auditor. Chapter 275 requires the City to certify its "proposed" tax levy requirements prior to September 15. The stafF is recommending a 2002 "proposed" tax levy of $5,507,313. This is a 33.5% increase from what was approved last year. The "proposed" tax levy is as follows: $4,117,233 172,924 1,069,173 130,781 17,202 5,507,313 Certified to County for 2001 4.2% Inflation Per CPI-U Mpls/St Paul HACA loss LGA Loss PERA increase 2002 Proposed_Tax Levy We request the City Council adopt the attached resolution to certify the "proposed" tax levy requirements. 41 RESOLUTION NO. -2001 A RESOLUTION (:ERTIFYING "PROPOSED" TAX LEVY REQUIREMENTS FOR 2002 TO THE COUNTY OF ANOKA WHEREAS, Minnesot;a Statute Chapter 275, Section 065 requires the City to certify its "proposed" tax levy requirements to the County Auditor. NOW THEREFORE B�E IT RESOLVED that the City of Fridley certify to the County Auditor of the County of Anok��, State of Minnesota, the following "proposed" t� levy to be levied in 2001 for the year 2002., GENER.AL FUND General:Fund CAPITAL PROJECT FUND Capital I:mprovement Fund — Pazks Division AGENCY FUND Six Cities Watershed Management Organization Stonybrc�ok Creek Sub-Watershed District TOTAL ALL FUNDS $5,507,313 90,718 6,200 8.900 $5,613,131 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF AUGUST, 2001 ATTEST: DEBRA A. SKOGEN, CITY CLERK 42 SCOTT J. LUND, MAYOR , � � :I � � QTY OF FRIDLEY ` To: • From: Date: Re: 0 0 AGENDA ITEM CITY COl1NCIL MEETING OF AUGUST 27, 2001 William W. Burns, City Manager �� Richazd D. Pribyl, Finance Director Craig E. Ellestad, Accountant August 23, 2001 Resolution Adopting a"Proposed" Budget for the Fiscal Yeaz 2002 In conformance with Chapter 275, Section 065 of� the Minnesota Statutes, attached is the 2002 "proposed" budget. Chapter 275 requires the City to certify a"proposed" budget to the County Auditor prior to September 15. We request the City Council pass the attached resolution and adopt the 2002 "proposed" budget. �3 RESOLUTION NO. - 2001 A RESOLUTIOt�t ADOPTING TAE PROPOSED BUDGET FOR THE FISCAL YEAR 2002 WHEREAS, Chapter 7, Section 7.04 of the City Charter provides that the City Manager shall prepaze an annual budget; and WHEREAS, the City Manager has prepared such document and the City council has met several times for the purpose of discussing the budget; and WHEREAS, Chapter 275, Section 065 of the Minnesota State Statutes requires that the City shall hold a public heazing to adopt a budget; and WHEREAS, the City Cour�cil has held a public heazing and has concluded the budget as prepared is appropriate; NOW THEREFORE BE I'f RESOLVED, that the following budget be adopted and approved: ESTIMATED REVENUE GENERAL FUND Taxes Current Ad Valor��m Deliquent, Penalties, Forfeited Licenses and Permits Licenses Permits Intergovernmental: Federal State- Local Government Aid All Other Charges for Services: General Government Pubtic Safety Conservation of H'ealth Recreation Fines and Forfeits Special Assessments - Interest on Investments Miscellaneous Revenues Other Financing Sources: Sales of General F'ixed Assets Liquor Fund Closed Debt Service Fund Employee Benefit Fund Police Activity Fund TOTAL REVENUE�i AND OTHER FINANCING SOURCES Fund Balance: General Fund Res�erve TOTAL GENERAL ]FUND $ 5,507,313 45,000 205,800 708,500 4,000 1,556,948 581,782 846,680 157,170 9,200 266,600 190,500 7,500 450,000 130,400 30,000 400,000 232,900 80,000 303,400 11,713,693 854,538 $ 12,568,231 I. . Legislative: City Council Planning Commissions Other Commissions City Management: General Management Personnel Legal Finance: Elections Accounting Assessing MIS City Clerk/Records Police: Police Civil Defense Fire: Fire --- -- Rental Inspections Public Works: Municipal Center Engineering Lighting Park Maintenance Street Maintenance Recreation: Recreation Naturalist Community Development Building Inspection Planning Reserve: Emergency Nondepartmental: APPROPRIATIONS $ 132,186 1,783 3,357 306,366 168,381 314,018 31,262 662,269 160,498 268,778 172,508 3,892,439 15,629 964,682 116,403 253,643 515,020 203,600 915,352 1,389,577 879,829 291,416 307,170 443,165 100,000 58,900 $ 12,568,231 Resolution No. -2001 SPECIAL REVENUE FUNDS Cable T'V Fund $ 175,840 Grant Management Fund 343,143 Solid Waste Abatement Fund 281,800 Housing Revitialization Fund 0 Police Activity Fund 90,000 Fund Balance 253,942 TOTAL SPECIAL REVENUE FUNDS $ 1,144,725 CAPITAL PROJECTS FUND Capital Improvement Fund Taxes-Current Ad Valorem Interest on Investments Park Fees Fund Balance TOTAL CAPITAL PROJECTS FUND AGENCY FUND Six Cities Watershed Fund Taxes-Current Ad Valorem TOTAL AGENCY FUND TOTAL ALL FUNDS $ 90,718 417,225 30,000 1,452,857 $ 1,990,800 6,200 $ 6,200 $ 15,709,956 General Capital Improvement Streets Capital Improvement Parks Capital Improvement Six Cities Watershed Page 3 $ 149,084 352,504 339,737 0 303,400 $ 1,144,725 $ 788,000 975,000 227,800 $ 1,990,800 6,200 $ 6,200 $ 15,709,956 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF AUGUST, 2001. ATTEST: DEBRA A. SKOGEN, CITY CLERK 45 SCOTT J. LUND, MAYOR � L anr oF FRIDLEIf TO: FROM: DATE: suBJECr: AGENDA ITEM CITY ICOUNCIL MEETING OF AUGUST 27, 2001 William 'W. Burns, City Manager �� Jon H. Haukaas, Public Works Director August 23, 2001 Resolution Ordering Utility Project No. 342 PWO1-081 The attached resolution receives the final plans and orders initiation of Utility Project No. 342 - Utility Installation for �the Varichak Addition to Fridley, MN. Minnesota Statutes Chapter 429 allows cities to expend public monies for improvements to extend public utilities t�� private properties and recoup these costs through the assessment process. A public hearing on the proposed assessment for this project was held on August 13, 2001. Recommend the City C'ouncil adopt the attached resolution approving the final plans and ordering the project to z�llow these improvements to be completed this fall. JHH:cz Attachment .� . RESOLUTION NO. - 2001 RESOLUTION RECEIVING FINAL PLANS AND SPECIFICATIONS AND ORDERING UTILITY PROJECT NO. 342 - VARICHAK ADDITION WHEREAS, Resolution No. 34 - 2001 ordered the preliminary plans, specifications and estimates of the costs thereof for the improvements � in this project, and � WHEREAS, Resolution No. 35 - 2001 received the preliminary engineering report and set a public hearing for the improvements in this project, and WHEREAS, a public hearing was held on August 13, 2001 regarding this project. NOW, THEREFORE, BE IT RESOLVED THAT, the City Council of the City of Fridley, Anoka County, Minnesota, as follows: 1. That the following improvements proposed by Council Resolution No. 7- 2000 are hereby ordered to be effected and completed as soon as reasonably possible, to-wit: Installation of a new sanitary sewer manhole over the existing sanitary sewer main in Benjamin Street, extension of sanitary sewer service lines from the new manhole to the property line, installation of new water service lines from the existing water main in Benjamin Street to the property line, installation of water service curb stop valves at the property line, restoration of the street base, surface, concrete curb and gutter, and boulevard. That the work involved in said improv_ements as listed above shall hereafter be designed as: UTILITY PROJECT NO. 342 . 2. The plans and specifications prepared by the Public Works Department for such improvements and each of them pursuant to the Council resolutions heretofore adopted, a copy of which plans and , specifications are hereto attached and made a part thereof, are hereby approved and shall be filed with City Clerk. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 27TH DAY OF AUGUST, 2001. ATTEST: DEBRA A. SKOGEN - CITY CLERK SCOTT J. LUND - MAYOR 47 � � rn�r oF FRIDLEY TO: FROM: DATE: SUBJ ECT: AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 27, 2001 William W. Burns, Ciry Manager t�� , :% Jon H. Haukaas, Public Works Director August 23, 2001 Award of Utility Project No. 342 PWO1-082 Utility Project No. 342 - Utility Installation for the Varichak Addition was initiated as a means of providing water and sewer services to the two new lots created by the platting of the Varichak Addition. Bids were solicited in March of 2001. The low bid was submitted by Lametti & Sons, Inc. of Hugo, MN, in the lump sum amount of $21,570.00 and they have agreed to honor that price. The City's 8% design and inspection fees equal $1,725.60 for a total project cost of $23,295.60. This cost will be split equally between the two benefitting properties for an assessment cost of $11,647.80 each. Recommend the City Council award the project to Lametti & Sons, Inc., of Hugo, MN, in the amount of $21,570.00. J HH:cz . ; . . i y -! � AGENDA ITEM COUNCIL MEETING OF AUGUST 27, 2001 CRY OF FRIDLEY APPOINTMENT TO COMMISSION Appeals Commission Gary Zinter Term Expires: 4/01 /03 � t CITY OF FRIDLEY 0 0 AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 27, 2001 INFORMAL STATUS REPORTS �J • .