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09/17/2001 - 4710` _ � ��nroF FRIDLEY CITY COIINCIL MEETING �a� ATTENDENCE SHEET Manday, Sep�embetc 17, 200i � 7:30 P.M. PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN PRINT NAME (CLEARLY) ADDRESS s ITEM NUMBER 'r' ` � , /.,, � '°s� - � �_ - � � /�'�S � � /� // 2 (/�� r �f.. �+ti; � d �' ` , �'( / �. r t5��1� � ��"� .�+�.� v 1.,. �c �`' �'S� C C�= �C2-/c (��i� ��c:� 4. . � � h � ��LGaK.�-G !1'� - �L� lL $ , c c,.�l ; Y�'' r�/ !'�!�, u c� r�5 �ti-� v�� ti' �� ,�' .��r��Z��-� b,� F�ro� � � o�-o��o �-- ' � � � p�p v p, .. 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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: Student Foreign Exchange Week: September 17-23, 2001 Jose Escobar — Paraguay Teemu Narhi — Finland Alejandro Rios — Bolivia Domestic Violence Awareness Month: October, 2001 Fire Prevention Week: October 7-13, 2001 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: :fi 1. Receive the Planning Commission Minutes of September 5, 2001 - ................................................................................... FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 17, 2001 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: 2. Special Use Permit Request, SP #01-09, by Virgil Okeson, to Allow a Second Accessory Structure (Garage), Generaily Located at 1423 — 64th Avenue N.E. (Ward 2) .............................................. 8- 11 � � 3. Approve a Development Agreement for a Final Plat, PS #01-02, by George Bateson, to Allow Five Single Family Lots, Generally Located at Heather Place and Central Avenue N.E. (Ward 2) ................................................................................................ 12 - 18 4. Resplution Directing Preparation of the Assessment Roll for the 2001 Nuisance Abatement - ......................................................... 19 20 5. Resolution Directing Publication of Hearing on the Proposed Assessment Roll for the 2001 Nuisance Abatement.................................................................................................... 21 - 22 0 6. Resolution Declaring Costs to be Assessed and Ordering Preparation of Proposed Assessment for the Stinson Boulevard Street Improvement ProjectNo. ST. 2001 — 2 ................................................................................ 23 - 24 0 0 FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 17, 2001 PAGE 3 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: 7. Resolution Directing Publication of the Hearing on the Proposed Assessment for the Stinson Boulevard Street Improvement Project No. ST. 2001 — 2 .............................................................................. 25 - 26 8. Claims ........................................................................................................... 27 9. Licenses ....................................................................................................... 28 - 30 ADOPTION OF AGENDA. OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes. PUBLIC HEARINGS: 10. Consideration of Ordinance on Recreational VehicleParking .................................................................................................. 31 - 36 FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 17, 2001 PAGE 4 PUBLIC HEARINGS: 11. Consideration of an Ordinance Amending Chapter 213 of the Fridley City Code Allowing Barbed Wire Fencing in Certain ZoningDistricts .................................................................................................. 37 - 38 NEW BUSINESS: 12. First Reading 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 - ......................................................... 39 50 13. Informal Status Reports ..................................................................................... 51 ADJOURN. 0 0 - Siad¢nt For¢ign Exchang¢ W¢¢k S¢pt¢n�b¢r f7 i/�roaqh S¢pt¢n�b¢� 13,100f WHEREAS, our community 's greatest asset is our youth; and WHEREAS, the American Field Service (AFS) organizes and administers a program which brings students from around the world to our community; and, WHEREAS, this interchange of culture and philosophy contributes to the education ancl matacration of our youth in many and varied ways; and, WHEREAS, it is the desire of the City of Fridley to show its appreciation and support to our distinguished guests; NOW THEREFORE, BE IT RESOL i�ED, that 1, Scott J. Lund, Mayor of the Citt-• of Fridley, hereby proclaim September 17 through September 23, 2001, as Student Foreign Exchange Week, IN HONOR OFJOSE ESCOBAR - PARAG UAY BE IT FURTHER RESOL VED, that Jose Escobar be made an honorary citizen of the City of Fridley, Minnesota, during his stay. IN WITNESS WHEREOF, 1 have hereunto set my hand and caused the seal of the Ciry of Fridley to be affxed this 17th day of September, 2001. SCOTT J. L UND, MAYOR - 0 DOM�STIC VIOL£NC£ AWAR£N£SS MONTf� OCTOt3£R. ZOOI WHEREAS, the community problem of domestic violence has become a critical public health and welfare concern in Anoka County; and WHEREAS, domestic violence is a crime, the commission of which will not be tolerated in Anoka County, and perpetrators of said crime are subject to prosecution and conviction in accordance with the law; and WHEREAS, over 50, 000 victims of violence have and will continue to access assistance from Alexandra House, a domestic violence service provider for women and families; and WHEREAS, domestic violence urill be eliminated through community partnerships of concerned individuals and organizations working together to prevent abuse while at the same time promoting social and legal change; and WHEREAS, October is National Domestic Violence Awareness Month; and WHEREAS, during National Domestic Violence Awareness Month, Anoka County organizations will inform area residents about domestic violence, its prevalence, consequences, and what we, as a concerned community, can do to eliminate its existence. NOW THEREFORE, BE IT RESOLVED that I, Scott J. Lund, Mayor of the City of Fridley, do hereby proclaim the month of October, 2001, as: DOMESTIC VIOLENCE AWARENESS MONTH in Fridley, Minnesota. IN LVITNESS WHEREOF, I have set my hand and caused the seal of the City of Fridley to be affixed this 17th day of September, 2001. SCOTT J. LUND � FIR� PR�1/�NTION W��K � O�ober 7-13, tOOt WHEREAS, cooking, heating, and electrical fires represent three of the nation's leading causes of home fires, and are collectively responsible for nearly half of all home fires and almost one-third of the associated fire deaths; and WHEREAS, the vast majority of home cooking, heating, and electrical fires can be preve�ated by tahing simple safety precautions; and WHEREAS, the theme for Fire Prevention Week 2001, "Cover the Bases & Strike Out Fire," teaches the public how to preuent cooking, heating, and electrical fires, and encourages people to develop a home fire escape plan that includes uorhing smoke alarms. NOW, THEREFORE, BE IT RESOLVED, that I, Scott J. Lund, Mayor of the City of Fridley, hereby proclaim the week of October 7 through 13, 2001, as: FIRE PREVENTION WEEK in the City of Fridley, and in commemoration thereof, there will be a Fire Prevention Week Open House on Saturday, October 6, 2001, from 11:00 a.m. to 3:00 p.m. The public is invited to attend and see the many displays and demonstrations. In observance of the 50�h anniversary of the Fridley Fire Department, special programs haue been planned. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Fridley to be affixed this 17th day of September, 2001. SCOTT J. LUND, MAYOR CITY OF FRIDLEY PLANNING COMMISSiON MEETING, SEPTEMBER 5, 2001 CALL TO ORDER: Chairperson Savage called the September 5, 2001, Planning Commission meeting to order at 7:30 p.m. ROLL CALL: Members Present: Diane Savage, Barb Johns, Dave Kondrick, Larry Kuechle, Leroy Oquist, Dean Saba Members Absent: Connie Modig Others Present: Stacy Bulthuis, Planner Stephanie Hanson, Planner Virgil Okeson, 1423 64`h Avenue APPROVE THE JULY 18 2001 PLANNING COMMISSION MEETING MINUTES: MOTION by Mr. Kuechle, seconded by Ms. Johns, to approve the July 18, 2001, Planning Commission meeting minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING: Consideration of Special Use Permit Request, SP #01-09, by Virgil and Susan Okeson to construct a 672 square foot accessory building, generally located at 1423 64t'' Avenue. MOTION by Mr. Oquist, seconded by Ms. Johns, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 7:32 P.M. Ms. Bulthuis stated that the petitioners are requesting a special use permit to construct a 672 square foot accessory building at 1423 64`h Avenue to be used for storage of seasonal equipment such as boats, trailers, and lawn equipment. Section 205 of the code requires a special use permit to allow accessory buildings other than the first accessory building over 240 square feet. The total square footage of accessory structures shall not exceed 1,400 square feet. The total square footage of the existing garage and the proposed accessory structure on this site is 1,097 square feet. Ms. Bulthuis stated the petitioner is requesting that the hard surface driveway requirement be waived for the proposed second accessory structure. If the hard surface driveway were to be installed, the total length would be 109 feet. The primary use of the building is for storage of seasonal equipment, and staff supports this request provided that a trail simulating a driveway does not appear on the site. Staff recommends approval of the special use permit with stipulations. Ms. Savage asked if there were any calls from the neighbors. 1� PLANNING COMMISSION MEETING, SEPTEMBER 5, 2001 PAGE 2 Ms. Bulthuis stated staff has not received any calls. Mr. Virgil Okeson asked if stipulation #6 mandates that the siding and color scheme be the exact same brand as the house. Ms. Bulthuis stated that it needs to be similar to the existing home and garage, not exactly the same brand. Ms. Savage asked if he had a problem with the other stipulations. Mr. Okeson stated he did not. This building would be used for the storage of his boat and lawn equipment. Mr. Kuechle asked if Mr. Okeson was confident that he was six feet off the property line. The survey is an as-built survey. Mr. Okeson stated four stakes are located on the property. The neighbor to the east had her property surveyed for a fence. The southeast and northeast stakes were located, and she put the fence back two inches from the line. He took a tape measure and measured across 125 feet to get the approximate location of his property line. He located the no�thwest and southwest stakes. MOTION by Mr. Kondrick, seconded by Mr. Saba, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 7:43 P.M. Mr. Kondrick stated that he did not have any problems with this request. Ms. Savage stated she did not either. Mr. Kuechle stated he would recommend approval, because the lot will certainly not look crowded. Ms. Johns agreed. Mr. Oquist stated he also agreed, but there is always the concern of a dirt driveway back to the building. Stipulation #1 will make sure that does not happen. MOTION by Mr. Kuechle, seconded by Mr. Oquist, to recommend approval of Special Use Permit Request, SP #01-09, by Virgil and Susan Okeson to construct a 672 square foot accessory building, generally located at 1423 64`h Avenue 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 within 90 days. 2. The petitioner must 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 driveway as approved by the City. 5. Total square footage of all accessory structures must not exceed 1,400 square feet. 6. The garage shall be architecturally compatible with the existing home and finished with the same siding and color scheme. 2 PLANNING COMMISSION MEETING. SEPTEMBER 5, 2001 PAGE 3 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Bulthuis stated that this will go to City Council on September 17. 2. PUBLIC HEARING: Consideration of a Zoning Text Amendment, ZTA #01-07, to the City Zoning Code, by the City of Fridley, to allow barbed wire fencing in certain zoning districts to update the Fridley City Code to reflect current conditions. MOTION by Ms. Johns, seconded by Mr. Oquist, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 7:49 P.M. Ms. Hanson stated that staff is requesting consideration of the Zoning Text Amendment applying to Chapter 213 titled "Fences." The use of barbed wire fencing has been prohibited since 1961. Contrary to code requirements, public utilities and businesses within the City have been using barbed wire fencing for a number of years as a means of securing items stored outdoors. Once staff began preliminary compliance investigations of industrial properties, a determination was made that either the Code would need to be modified or non-compliant fences would need to be removed. Though this may be viewed as rewarding businesses for ignoring the law, this is not the intent. Zoning is to protect the health, welfare, and safety of a community, and barbed wire has been installed for that purpose. The 1961 law should be, at minimum, reviewed for 2001 relevance. Ms. Hanson stated public facilities and businesses currently using barbed wire fencing include the City of Fridley's public works garage, Minneapolis Water Works, St. Paul Water Works, the FMC United Defense, Hilltop Trailer, and various other businesses. Staff concluded that certain public facilities and businesses have legitimate safety concerns. The use of barbed wire fencing would act as a means of protecting items stored outside in zoning districts which have approved outdoor storage. It would act as a means of protecting the public from potential harm of public facilities such as cell towers. Staff believes the change will allow the use of barbed wire fencing to protect public utilities and zoning districts with approved outdoor storage requirements that meet the City Code requirements. This is not intended to proliferate the use of barbed wire fencing. It will allow existing facilities to maintain their barbed wire. Ms. Hanson stated the City Code would read as a follows: "In addition to an eight foot fence, up to three strands of barbed wire which is not to exceed 18 inches in height, may be used on a standard barbed wire arm designed specifically for that purpose. These barbed wire arms may be used in the P, M-1, M-2, M-3, M-4, C-2, and C-3 districts under the following conditions: 1. Barbed wire is necessary to protect public utilities. 2. Barbed wire may be used in the side and rear yard of those industries that have approved outdoor storage meeting all code requirements. 3. Barbed wire may be used in the side and rear yards of those commercial properties that have approved outdoor sale lots meeting all code requirements." Ms. Hanson stated that staff recommends approval of the amendment. Ms. Savage asked if the existing barbed wire fences meet this standard. � PLANNING COMMISSION MEETING, SEPTEMBER 5, 2001 PAGE 4 Ms. Hanson stated they do. She and Mr. Hickok did some random measuring of fences. Ms. Savage asked about other cities in the metro area having similar ordinances. Ms. Hanson stated they have not looked at what other cities are doing. Mr. Kuechle asked if all commercial fences are eight feet high. Ms. Bulthuis stated that eight feet is the maximum allowed in commercial areas. Some industries have higher fences, but they are permitted through a special use permit process. Mr. Kuechle asked if they are only allowing eight feet, and are all the fences going to be in compliance? He is worried about the barbed wire in the safety zone. Ms. Hanson stated there was one fence that they checked that was six feet. Ms. Bulthuis stated the majority of fences are eight feet in height and have the barbed wire on top of that. Mr. Kuechle asked if any of the fences had six strands. Ms. Hanson stated that three was the standard. Mr. Kondrick asked if the six foot fences would need 18 inches of three strand barbed wire around it to make the fence compliant. Ms. Savage asked if they would be able to come in for a special use permit. Ms. Bulthuis stated they could possibly get a variance. Mr. Saba stated that if the fence is lower than six feet, it woutd be a safety issue. Ms. Hanson stated that the six foot fences may not be tall enough since most people are about six feet tall anyway. Mr. Kuechle asked if there were any electrically charged fences. Ms. Hanson stated that has not been discussed. Ms. Bulthuis stated that electrical fences are prohibited by City Code. Mr. Kuechle asked if there were any discussions about allowing electric fences. Ms. Hanson stated there has been no discussion on electric fences. Ms. Bulthuis stated there would be definite safety concerns with electric fences. MOTION by Mr. Saba, seconded by Mr. Oquist, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 7:54 P.M. 0 PLANNING COMMISSION MEETING, SEPTEMBER 5, 2001 PAGE 5 MOTION by Mr. Kondrick, seconded by Mr. Oquist, to recommend approval of Zoning Text Amendment, ZTA #01-07, to the City Zoning Code by the City of Fridley to allow barbed wire fencing at a minimum of eight feet high in certain zoning districts under the following conditions: 1. Barbed wire is necessary to protect public utilities. 2. Barbed wire may be used in the side and rear.yard of those industries that have approved outdoor storage meeting all code requirements. 3. Barbed wire may be used in the side and rear yards of those commercial properties that have approved outdoor sale lots meeting all code requirements. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. DISCUSS AND RECOMMEND POLICY REGARDING DECONSTRUCTION ON CITY HRA. REMODELING, AND DEMOLITION PROJECTS: Ms. Johns stated that as the Chair of the Environmental Quality & Energy (EQE) Commission, she wanted to make sure that the City, as well as the public, are aware of the deconstruction process. The EQE drafted a policy which was sent to the HRA for review and to get feedback from the City staff. They worked with Grant Fernelius. The draft states that a deconstruction company in Minneapolis would use the products and lists which products they would look for in a house. The process will make the whole deconstruction process longer and adds extra costs to it. The City tested a house the HRA owned. The company came in and charged an initial fee for its crew. The company then gave the City a list of everything salvageable and what those materials were worth. They pulled up some flooring, lumber, windows, cabinets, and sinks, among other things. Mr. Kondrick stated that rather than bulldoze the house down, some things are worth saving for reuse of construction materials. Ms. Johns stated that is correct. Instead of sending all the materials to the landfills, people can reuse them. Ms. Savage asked what exactly does the company do with the materials. Ms. Johns stated this non-profit organization has a store where the materials are sold to the public. The rest of the house that is not salvageable is bulldozed down. Mr. Kondrick asked who bears the cost? Ms. Johns stated the City paid the up-front cost in the test to hire the company. Mr. Oquist asked why they would pay them to tear it down so they can take the material and resell it for more money? Ms. Johns stated that the cost was under $200 for the crew. Ms. Savage asked if they have to determine what is salvageable? Ms. Johns stated that the City would look at the home to see if there were enough salvageable items and then have a deconstruction company come in. 5 PLANNING COMMISSION MEETING, SEPTEMBER 5, 2001 PAGE 6 Mr. Oquist asked if it was correct that the City would not get any reimbursement back from the company for the material. Ms. Johns stated that is correct. Mr. Oquist asked about private homes that do remodeling and tear out the bathtubs or toilet and sink and would like to sell it to that company. Ms. Johns stated she did not know if the company worked that way. They will come and look at cabinets and take them out, but she believes it would work with all appliances. Mr. Oquist stated that many homes in Fridley have cast iron tubs and one way to get them out is to break them up; however, if someone would take out a tub for a small fee, it might be worth it to the homeowner. They should publicize this information so people are aware of that. Ms. Savage stated that brochures will be available to the public. Ms. Johns stated that a concern is the timeline to fit in deconstruction so it would be nice to distribute brochures for people to be aware of this prior to remodeling. Mr. Oquist asked if this would cause about a month delay? Ms. Johns stated that there were some times lines between when the company came in and deconstructed. It may be longer than a normal construction company. Mr. Oquist stated they would not want to delay a project, and it needs to have a quick time frame. Ms. Johns stated the company is really busy in the construction season, and they have teams that go to different homes. Mr. Oquist stated City and HRA-owned property cannot be held up for very long for that company to do the evaluation. Ms. Johns stated that if it is not feasible, the company will not be used. Mr. Oquist stated that it should be made clear that this is the policy, but they do not have to use the deconstruction company if the timeline does not work. Ms. Savage stated this is for general support of the policy. Mr. Oquist and Mr. Kondrick stated they would support the deconstruction policy. Mr. Saba asked if the company had its own brochures. Ms. Johns stated that it does. Mr. Oquist stated they are not limited to this company only. MOTION by Ms. Johns, seconded by Mr. Oquist, to accept and support the deconstruction policy. � PLANNING COMMISSION MEETING, SEPTEMBER 5, 2001 __ PAGE 7 Mr. Oquist stated that the Commission's discussion should be forwarded with this motion so everything can be taken into consideration. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. RECEIVE THE MINUTES OF THE JUNE 4 2001 PARKS AND RECREATION COMMISSION MEETING: MOTION by Mr. Saba, seconded by Mr. Kuechle, to receive the minutes. � UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 5. RECEIVE THE MINUTES OF THE JUNE 7 2001. HOUSING AND REDEVELOPMENT AUTHORITY MEETING : MOTION by Ms. Johns, seconded by Mr. Kondrick, to receive the minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 6. RECEIVE THE MINUTES OF THE JULY 11, 2001, APPEALS COMMISSION MEETING: MOTION by Mr. Saba, seconded by Mr. Oquist, to receive the minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 7. RECEIVE THE MINUTES OF THE AUGUST 8, 2001. APPEALS COMMISSION MEETING: MOTION by Mr. Oquist, seconded by Mr. Kuechle, to receive the minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE - MOTION CARRIED UNANIMOUSLY. ADJOURNMENT: MOTION by Mr. Kondrick, seconded by Mr. Kuechle, to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE SEPTEMBER 8, 2001, PLANNING COMMISSION WAS ADJOURNED AT 8:12 P.M. Respectfully submitted, ♦ Vi _ l � �) 1� Sigr� L. Joh ,� Recording Secretary 7 / AGENDA ITEM � CITY COUNCIL MEETING OF SEPTEMBER 17, 2001 QTY OF FRIDLEY � DATE: September 12, 2001 � TO: William W. Burns, City Manager�� FROM: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Bulthuis, Planner RE: Special Use Permit Request, SP #01-09, Virgil Okeson M-01-135 INTRODUCTION Virgil Okeson is seeking a special use permit to construct a 672 square foot second accessory building at his residence at 1423 64th Avenue. PLANNING COMMISSION RECOMMENDATION At the September 5, 2001, Planning Commission meeting, a public hearing was held for SP #01-08. After a brief discussion, the Planning Commission recommended approval of the special use permit, SP #01-09, with the stipulations as presented. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMNEDATION City Staff recommends concurrence with the Planning Commission. 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 within 90 days. 2. Petitioner shall obtain all necessary permits prior to construction. 3. The structure shall not be used for a home occupation or living area. 4. All vehicles shall be stored on a hard surface as approved by the City. 5. Total square footage of all accessory structures must not exceed 1,400 square feet. 6. Garage shall be architecturally compatible with existing home and finished with a complementary side and color scheme. : City of Fridley Land Use Application SP #01-09 September 5, 2001 GENERAL I1�iFORMATION SPECLAI. INFORtvIATION applicant: Virbil Okeson 1423 64`'' Avenue NE Fridley, NIN 55432 Requested Acrion: Special Use Pernut to allow a second accessory structure over 240 square feet. Existing Zoning: R-1 (Single Family Residential) Locarion: 1423 64`h Avenue Size: 37,500 sq. ft. .86 acres E�cisting Land Use: Single family home. Sutrounding Land Use & Zoning: N: Single Family & R-1 E: Single Family & R-1 S: S�gle Family & R-1 W: Single Family & R-1 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Sec. 205.07.1.C.(1) requires a special use pennit to allow accessory buildings other than the first accessory building, over 240 square feet. Zoning History: 1941 — Lot is platted. 1973 — Home and Garage are built. 1977 — Deck is built. 1981 — Addition to home. Legal Description of Properry: Lot 8, Block 1, Spring Valley Addition Public Urilities: Home is connected. Transportation: � � 64`h Avenue provides access to the residence. Physical Characteristics: Typical subu�an landscaping. SUNTI�LaRY OF PROJECT The petitioner, Mr. Okeson is seeking a special use pemut to allow the construcrion of a 672 square foot accessory building. SUM�IARY OF ANALYSIS City Staff recommends approval of this special use permit, with stipulations. Second accessory buildings over 240 square feet are a pernutted special use in the R-1 zoning district, provided the total square footage of all accessory building doesn't exceed 1,400 square feet. The current two stall garage is 425 square feet and the proposed accessory structure is 672 square feet. The total of all accessory buildings, exisring and proposed is 1,097 square feet. CITY COUNCIL ACTION/ 60 DAY DATE City Council — 9/17/O1 60 Day — 10/O1/O1 (Location of Proposed Garage) SP #01-09 REQUEST The petitioner, Virgil Okeson is seeking a special use permit to allow the construction of a 672 square foot second accessory building. The building will be used storage of seasonal equipment, such as boats, trailers and lawn equipment. ANALYSIS The property is located on 64`h Avenue, with the home being "squared up" to and fronting on 64`h Avenue. The dimensions of the lot are 125 ft. by 300 ft. and it is rectangularly shaped. The existing home and garage were built in 1973. Existing home and attached garage Accessory structures over 240 square feet are a permitted special use in the R-1 zoning district. The existing garage is 425 square feet and the proposed accessory structure is 672 square feet. The existing garage and the proposed accessory structure are a total of 1,097 square feet, which is 303 square feet less than the total allowed by Code. The proposed garage location meets all setbacks requirements. The petitioner is requesting that the hard surface driveway requirements be waived for the proposed second accessory structure. If a hard surface driveway was required to be installed the total length would be 109 feet. Since the primary use of this structure is for storage of seasonal equipment, such as boats, trailers and lawn equipment, City staff would be in support of the petitioner's request. However, if at anytime, a trail simulating a driveway is 10 formed, a hard surface driveway will be required. City staff has received no comments from neighboring property owners. Proposed Garage Location in Rear Yard of the Property RECOMMENDATIONS City Staff recommends approval as second accessory structures are permitted under special use permit in the R-9 Single Family District. STIPULATtONS Staff recommends that if the special use permit is granted, the following stipulations be attached. 1. Staff shall conduct regular inspections of the site. If, at any time, a trail simulating a driveway is present, a hard surface driveway as approved 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 square feet. 6. Garage shall be architecturally compatible with existing home and finished with same siding and color scheme. 11 � a cmr oF FRIDIEY DATE: � AGENDA ITEM CITY COUNCIL MEETING OF SEPTEMBER 17, 2001 September 10, 2000 � William W. Burns, City Manager r�� FROM: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Bulthuis, Planner SUBJECT: Development Agreement for the Heather Hills North II Plat M-01-134 INTRODUCTION On May 2, 2001, the Planning Commission considered plat request PS #01-02, by George Bateson. Mr. Bateson replatted the property located at Heather Place and Central Avenue into 5 single-family lots to be known as Heather Hills North II Plat. City Staff and the Planning Commission recommended approval of PS #01-02. At the May 21, 2001, City Council meeting, the preliminary plat was approved. Final plat approval was granted on August 13, 2001. To be consistent in the plat process, staff has prepared a development agreement for the Heather Hills North II Plat. The development agreement has been attached for your review and approvaL RECOMMENDATION Staff recommends approval of the enclosed development agreement as submitted. 12 DEVELOPMENT AGREEMENT THIS AGREEMENT, made this 17th day of September, 2001, between the City of Fridley, acting through its Mayor and City Manager (hereinafter called the "City"), and George F. Bateson, Ann L. Bateson, Dennis Pietrini, and Mary Pietrini, (hereinafter called the "Developer"). WHEREAS, The Developer have made application to the City Council for the approval of a plat of land within the corporate limits of the City described as follows: Heather Hills North Plat II WHEREAS, the City Council, by resolution # 36-2001, adopted August 13, 2001, granted Developer's plat request for a portion of the property to allow it to construct five single family homes on the subdivision on the condition that the subdivision is developed according to the utility plan, dated, July 9, 2001, and in accordance with stipulations of approval incorporated herein by reference (See attached Exhibit A). NOW, THEREFORE, in consideration of the foregoing, it is hereby agreed as follows: 1. Improvements. following: Improvements shall include, but not be limited to the ♦ Concrete curb and gutter repair at driveway aprons ♦ Approved site grading and drainage plans • Underground utilities for the five new homes ♦ Setting of lot and block monuments ♦ Surveying and staking ♦ Temporary tree protection devices The improvements shall be installed in accordance with City standards, ordinances, City Council prescribed stipulations as evidenced as conditions in any resolution accepting this agreement and any related plat, and technical specifications. The Preliminary site grading, construction of underground utilities, including main line sewer, water and sewer services; and full street restoration shall be completed prior to sale of any lots and prior to issuance of any building permits. The Developer agrees that it will not sell any lot, parcel or whole or partial portion of the Subdivision, nor sell, rent, or cause to be occupied, any house, other building or structure constructed on the development or within the development until the City has approved and the Developer has completed the construction of the improvements covered by this Development Agreement, the applicable building codes, and other applicable government regulations and has issued a Certificate of Occupancy, unless the City has agreed in writing to waive this requirement as to a specific lot or premises. 13 issued a Certificate of Occupancy, unless the City has agreed in writing to waive this requirement as to a specific lot or premises. The Developer shall follow all instructions received from the City's inspectors. The Developer shall schedule a pre-construction meeting at a mutually agreeable time at the City Hall with all parties concerned, including the City Staff, to review the program for the construction of each home. 2. Water and Sewer A water and sewer lateral fee assessment will be applied to each lot. (A) The Developer shall construct a sanitary sewer main line extension and stub water and sewer services to lots #1A, #3A, #4A and #5A as shown on the Heather Hills North Plat II Utility Plan, dated 7/09/01. These water and sewer seniices shall be inspected and must meet all City standards. If necessary, the City (at the developer's expense) will patch the street to City's specifications following the installation of water and sewer services, the Developer must have the any street cuts approved by the Public Works Department of the City. 3. Grading, Erosion Control, and Tree Preservation Plans. Prior to obtaining building permits, the Develope� shall submit a grading and drainage, erosion control, and tree preservation plan which shall clearly show for each lot: (A} The grading limits for the construction of the new home. (B) All areas disturbed by the excavation and backfill operations shall be re-sodded forthwith after the completion of the wo�k in that area. Except as othen�vise provided in the erosion control plan. If the Developer, future owner, its contractors, or subcontractors does not comply with the erosion control plan and schedule or supplementary instructions received from the City and the Anoka County Soil and Water Conservation District, or the Six Cities Watershed Management Organization, the City may take such action as it deems appropriate to control erosion. The City will endeavor to notify the Developer, future owner, contractors, or subcontractors in advance of any proposed action, but failure of the City to do so will not affect the City's rights or obligations hereunder. ' (C)The location of warning signage (tree protection ribbon) that will be placed around the perimeter of the construction limits • protecting all significant trees outside the construction limits. (D)The location of any significant trees to be saved inside the construction limits. Any significant trees to be saved shall have fencing around them, which shall extend wherever possible to the tree drip line. No construction or grading work shall commence until the City staff has field inspected items (1) and (2) above. l� 4. Street Clean Up. At any time upon the request of City staff and after the construction is complete, the Devetoper shali clear all soil, earth, or debris from the streets and storm sewer and from the lots within the development resulting from any construction on the land within the development by the Developer. 5. Permits. The Developer shall obtain all necessary permits for the development of the property. The Developer shall pay SAC fees at the time of the building permit issuance. 6. Park Dedication. In accordance with the policies and ordinances of the City, the Developer shall pay a park dedication fee at a rate of $1,500.00 per lot at the time of building permit issuance. The total park dedication fee for the undeveloped lots in the development is $6,000.00. (four lots x$1,500.00 = $6,000.00). 7. Drainage Easement. The Developer shall provide the City with easements dedicated on the plat over the 5 lots of the property as proposed in the Final Plat mylars presented for signature. 8. License. The Developer hereby grants the City, its agents, employees, officers, and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with plat development. 9. Final Plat Approval. The City agrees to give final approval and shall sign the final plat of the subdivision upon execution and delivery of this agreement, and approval of the plat by the County and of all required petitions, bonds, and security. 10. Leqal Proceedinqs. In addition to the foregoing, the City may institute any proper action of proceeding at law or at equity to abate violation of this Development Agreement, or to prevent use or occupancy of the proposed dwellings. 11. Ownership of Improvements. Upon completion of the work and construction required by this agreement, the improvements lying within public easements shall become City property without further notice or action. 12. Transfers of Interest — as described in Paraqraph 1. 13. Attorneys' Fees. The Developer agrees to pay the City reasonable attorneys' fees and costs incurred in the event of any lawsuit or action is 15 commenced to enforce the terms of this agreement and to coilect sums due by the City under the terms of this agreement. 14. Severability. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this contract is for any reason held to be invalid, illegal or unenforceable by a court of competent jurisdiction, such decision shall not invalidate or render unenforceable any other provisions of this contract, and the remaining provisions of this contract shall not in any way be affected or impaired. 15. Bindinq Effect. The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors, and assigns if any of the Developer and City hereto and shall be binding upon all future owners of all or any part of the subdivision, and shall be deemed covenants n�nning with the land. Reference in this document to the developer, if there be more than one, shall mean each and all of them. This agreement, at the option of the City, shall be placed of record so as to give notice of this agreement to subsequent purchasers and encumbrances of all or any part of the subdivision. All recording fees, if any, shall be paid by the developer. 16, Assignability. No duty or obligation of the Developer under this Agreement may be assigned in whole or part to any third pa�ty without the express written consent or waiver of by the City. IG ED AND EXECUTED by the pa�ties hereto on this _��day of �-c� , 2001 DEVELOPERS By: George F. Bateson = � //'� �%//_ , , . - � ==� CITY OF FRIDLEY Scott J. Lund, Mayor 16 B y:�,(�.,,�. � Ann L. Bateson = �/�.:��i � - - ATTEST Debra A. Skogen, City Clerk EXHIBIT A- STIPULATIONS APPROVED BY FRIDLEY CITY COUNCIL 1. Grading and drainage plan to be approved by City's engineering staff prior to the issuance of building permits, in order to minimize impacts to the surrounding properties. 2. Petitioner shall provide a easements as shown on preliminary plat drawing. 3. During construction, silt fencing shall be used where applicable. 4. Petitioner to pay required park dedication fees prior to issuance of building permits. 5. Petitioner to pay all water and sewer connection fees. EXHIBIT B- PLAT APPROVED BY COUNCIL �I �l � :I }�4 � �'�� r � � .i T; t t�� • �� 5 �_ �ea �j rs � � f Ej '' 7ti � t. 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I �' � �' �� •.. �� y.:,: � �•. -- __-p,�. ..�--- ��-- � �..:1 �.:. 1 ��., ' � , � i.. m � . �' � � � � ' �• � � •- � •` � � , ... _' ��I � :. .. .. . . .. . 'f . .. .. � :. �� ' `i�.� p `� . � — — —,— — — — � — — -- — — — — �, `� ; �� ' i�1 � d � ' � � ` . .. . �� . .. ' «: '' � � c ; . . .. . w � � t � � � � Qi7 OF FRIDLEY ' TO: . FROM: 0 AGENDA ITEM CITY COUNCIL MEETING OF SEPTEMBER 17, 2001 � � WILLIAM W. BURNS, CITY MANAGER �_� � RICHARD D. PRIBYL, FINANCE DIRECTOR � SUBJECT: RESOLUTION DIRECTING PREPARATION OF THE ASSESSMENT ROLL FOR THE 2001 NUISANCE ABATEMENT DATE: September 11, 2001 Attached you will find the resolution directing preparation of the assessment roll for the 2001 Nuisance Abatement. This project included 1 property. The assessment will be for 1 year at a rate of 6.5%. I:�• � Attachment 19 RESOLUTION NO. -2001 RESOLUTION DIRECTING PREPARATION OF THE ASSESSMENT ROLL FOR THE 2001 NUISANCE ABATEMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY, ANOKA COUNTY, MINNESOTA, AS FOLLOWS: 1. It is hereby determined that the assessable cost to the following named improvement to wit 2001 NUISANCE ABATEMENT including all incidental expenses thereto is estimated at $366.10. 2. The City Clerk shall forthwith calculate the proper amounts to be specially assessed for said improvement against every assessable lot, piece, or parcel of land benefited by said improvement according to law. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 2001. SCOTT J. LUND - MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK ZD � a CITY OF FRIDLEY ' TO: . FROM: AGENDA ITEM CITY COUNCIL MEETING OF SEPTEMBER 17, 2001 WILLIAM W. BURNS, CITY MANAGER �I � � RICHARD D. PRIBYL, FINANCE DIRECTOR �% SUBJECT: RESOLUTION DIRECTING PUBLICATION OF THE PUBLIC HEARING NOTICE FOR THE 2001 NUISANCE ABATEMENT DATE: September 11, 2001 Attached you will find the resolution directing publication of the public hearing on the assessment roll for the 2001 Nuisance Abatement. This project was for brush abatement and included 1 property. This property will be assessed a total of $366.10. The Public Hearing Notice will be published in the Focus newspaper on September 27, 2001 as required by State Statute. RDP/sf Attachment 21 RESOLUTION NO. -2001 RESOLUTION DIRECTING PUBLICATION OF HEARING ON THE PROPOSED ASSESSMENT ROLL FOR THE 2001 NUISANCE ABATEMENT WHEREAS, by resolution passed by the City Council on the 17`h Day of September 2001, the City Clerk was directed to prepare a proposed assessment of the cost of Nuisance Abatement; and WHEREAS, the City Clerk has notified the Council that such proposed assessment roll has been completed and filed in her office for public inspection. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley, Anoka County, Minnesota, as follows: 1. The City Council shall meet at the Fridley Municipal Center in the City of Fridley, Anoka County, Minnesota on the 22"d Day of October, 2001 at 7:30 o'clock P.M. to pass upon the proposed assessment for: 2001 NUISANCE ABATEMENT 2. The City Clerk shall publish notice of the time and place of ineeting in the official newspaper of the City at least two (2) weeks prior to such meeting. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 2001. SCOTT J. LUND - MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK 2� 0 0 � a UTY OF FRIDLEY �� FROM: AGENDA ITEM CITY COUNCIL MEETING OF SEPTEMBER 17, 2001 WILLIAM W. BURNS, CITY MANAGER !� � . � K RICHARD D. PRIBYL, FINANCE DIRECTOR ,-� ALAN FOLIE, ASSISTANT FINANCE DIRECTOR SUBJECT: RESOLUTION DIRECTING PREPARATION OF THE ASSESSMENT ROLL FOR THE STINSON BOULEVARD STREET IMPROVEMENT PROJECT NO. ST. 2001-2 DATE: September 11, Z001 Attached you will find the resolution directing preparation of the assessment roll for the Stinson Boulevard Street Improvement Project No. St. 2001-2. This project was done in conjunction with the City of New Brighton and included 8 Fridley properties. The assessment will be for 10 years at a rate of 6.5%. RDP/sf Attachment 0 0 23 RESOLIJTTON NO. -2001 RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR THE STINSON BOULEVARD STREET IMPROVEMENT PROJECT NO. ST. 2001-2 WHEREAS, the costs for the Stinson Boulevard Street Improvement Project No. ST. 2001-2 have been determined to be $49,199.68. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FRIDLEY, MINNESOTA: The portion of the cost of such improvement to be paid by the City is hereby declared to be $39,599.68 and the portion of the cost to be assessed against benefited property owners is declared to be $9,600.00. Assessments shall be payable in equal instaliments extending over a period of 10 years, the first of the installments to be payable on or before the first Monday in January, 2002 and shall bear interest at the rate of 6.5 percent per annum from the date of the adoption of the assessment resolution. The Finance Director, with the assistance of the City Engineer, shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and he shall file a copy of such proposed assessment in his office for public inspection. The clerk shall upon the completion of such proposed assessment, notify the Council thereof. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS _ DAY OF , 2001. SCOTT J. LLJND - MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK 24 AGENDA ITEM CITY COUNCIL MEETING OF SEPTEMBER 17, 2001 CfTY OF FRIDLEY ��TO: WILLIAM W. BURNS, CITY NIANAGER�N�, FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR �`� ALAN FOLIE, ASSISTANT FINANCE DIRECTOR SUBJECT: RESOLUTION DIRECTING PUBLICATION OF THE PUBLIC HEARING NOTICE FOR THE STINSON BOULEVARD STREET IMPROVEMENT PROJECT NO. ST. 2001-2 DATE: September 11, 2001 Attached you will find the resolution directing publication of the public hearing on the assessment roll for the Stinson Boulevard Street Improvement Project No. ST. 2001-2. This project was done in conjunction with the City of New Brighton and included 8 Fridley properties. These properties will be assessed a total of $9,600.00. The Public Hearing Notice will be published in the Focus newspaper on September 27, 2001, as required by State Statute. RDP/sf Attachment 25 RESOLUTION NO. -2001 RESOLUTION DIItECTING PUBLICATION OF THE HEARING ON THE PROPOSED ASSESSMENT FOR THE STINSON BOULEVARD STREET IMPROVEMENT PROJECT NO. ST. 2001-2 WHEREAS, by resolution passed by the Council on September 17, 2001, the Finance Director was directed to prepare a proposed assessment of the Stinson Boulevard Street Improvement Project No. ST. 2001-2, AND WHEREAS, the Finance Director has notified the council that such proposed assessment has been completed and filed by his office for public inspection, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FRIDLEY, MINNESOTA: A hearing shall be held on the 22"d day of October, 2001 in the City Hall at 7:30 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. The Finance Director is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing and he shall state in the notice the total cost of the improvement. He shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City of Fridley, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of the assessment. He may at any time thereafter, pay to the City of Fridley the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 2001. ATTEST: DEBRA A. SKOGEN - CITY CLERK SCOTT J. LUND - MAYOR 26 � � CRY OF FRIDLEY AGENDA ITEM COUNCIL MEETING OF SEPTEMBER 17, 2001 CLAtMS 1 O� 506 -� O� 665 27 I � CRY OF FRIDLEY Type of License: 3.2% MALT LIQUOR Oriental House Restaurant 5865 University Ave Fridley, MN 55432 AGENDA ITEM CITY COUNCIL MEETING OF SEPTEMBER 17, 2001 LICENSES � Okhui & Associates �► ;7 Approved By: Public Safety Fee $505 � � � t � City of Fridle AGENDAITEM City Council Meeting Of Monday, September 17, 2001 � Gas Services Care Air Conditioning & Heating Inc 1211 Old Hwy 8 New Brighton MN 55112- CSH Enterprises 7311 153 Ave William Benson Forest Lake MN 55025- Metro Gas Installers 685 141 LN NW Mike Ellis Andover MN 55304 General Contractor-Commercial Arbuckle Construction 7808 W 99 St Jim Arbuckle Bloomington MN 55438- Greystone Construction Co 1221 East 4 Street Shawn Kesler Shakopee MN 55379- General Contractor-Residential Clover Field Homes LLC (20292580) 551 W 78 St Jay Anderson Chanhassen MN 55317- PerFection Preferred Construction (5560) 998 Lois Lane Bradley Racutt Lino Lakes MN 55014- Transformed Tree The Inc (1856) 2239 Carter Ave Peter Hagen St Paul MN 55108-1638 29 A�aroved Bv: Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official State of MN State of MN State of MN Trendy Roofing (20027543) 210 Zachary Ln Plymouth MN 55441 Wilis Greg Exteriors (20037840) 4246 Royce St N E Columbia Heights MN 55421- Heat�n Care Air Conditioning 8� Heating Inc 1211 Old Hwy 8 New Brighton MN 55112- Plumbina Roberts Plumbing Inc 565 S Oak Dr Vadnais Hgts MN 55127 � George Hulinsky Greg Wilis Robert Wussler 30 Aonroved Bv: State of MN State of MN Ron Julkowski Building Official State of MN : AGENDA ITEM CITY COUNCIL MEETING SEPTEMBER 17, 2001 cmr oF FRIDLEY Date: September 12, 2001 � To: William Burns, City Manager �� From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Bulthuis, Planner Subject: Public Hearing to reconsider Recreational Vehicle Parking M-01-132 In preparation for the public hearing on recreational vehicle parking, staff conducted a survey of the surrounding cities to determine what their ordinances state regarding recreational vehicle parking. The attached matrix shows our findings. COUNCIL/COMMISSION SURVEY RESULTS The results from the 2000 Council/Commission survey showed that the Council members were divided between all the options. Two Council members would allow non-motorized trailers to be parked in the front yard as long as they were parked on a hard surface. One Council member chose the "do nothing" option. The fourth Council member chose the option that would continue to consider the parking of non-motorized camper and trailers through the variance process. We would, however, establish a practice of allowing them if the person had no access to his side or rear yard and there are no complaints for adjoining neighbors. The fifth Council member was undecided on this issue. The results from the Commission members showed that a majority would keep the ordinance the same and/or make it more restrictive. Twenty of the forty-one commissioners selected the option that would continue to prohibit non-motorized campers and trailer from the front yard and would also pass a new ordinance barring motorized campers and trailers from the front yard. Eleven of the commissioners chose the option that would continue to consider the parking of non-motorized campers and trailers through the variance process. We would, however, establish a practice of allowing them if the person had no access to his side or rear yard and there are no complaints for adjoining neighbors. Eight of the commissioners chose the "do nothing" option and two commissioners chose the option that would allow non-motorized trailers to be parked in the front yard as long as they were placed on a hard surface. 31 CITIZEN SURVEY RESULTS In the 1999 Citizen survey, residents were informed that the City currently DOES NOT allow the placements of non-motorized campers and boats in the front yard including the driveway. They were then asked, should the Council adopt legislation that allows the storage of boats and campers in the front yard? The results from the survey showed that by a fifty-four percent to thirty-five percent majority, citizens opposed the adoption of legislation to allow the storage of boats and campers in the front yard. YES.............................................35% NO..............................................54°/0 DON"T KNOW/REFUSED ................11 % Respondents were also informed that City ordinances DO allow the sto�age of motorized travel trailers or large RV's in the front yard. They were then asked, should the City adopt legislation the prohibits this? The results for the survey showed that by a fifty-three percent to thi�ty-six percent majority, residents opposed prohibiting the storage of motorized travel trailers or large RV's in the front yard. YES............. ..........................36% NO............................................53% DON'T KNOW/REFUSED ..............11 °/a RECOMMENDATION City Staff recommends that the City Council hold the public hearing to receive public comment on the existing exterior storage ordinance. 32 OTHER CITIES RECREATIONAL VEHICLE PARKING REQUIREMENTS CITY MOTORfZE� ' lVOf�f-MOTORIZE� :� . �: ,. � =;��'HER - ' Andover * Must be parked on a hard * Must be parked on a hard * Requirements surface, in a building or off surface pertain to site * Can be parked on grass if recreational vehicles '' Can be parked in in rear ya�d and not visible less than 20 ft. long driveway, side or rear yard from the public right-of-way * Must be setback 10 feet from any property from side or rear ro ert line Blaine `* Must be parked on hard * Must be parked on hard surface if parked in the front surface if parked in the front yard yard * Must be setback 3 feet * Must be setback 3 feet from lot lines from lot lines * Can be parked on grass or * Can be parked on grass or ravel in side and rear ard ravel in side and rear ard Brooklyn Park " Must be parked on hard * Can be parked on grass surface * Must be setback 5 feet `* Must be setback 5 feet from property lines from property lines * No specifications as to * No specifications as to where they can be parked. where the can be arked. Columbia * Must be parked on hard " Must be parked on hard Heights - surface surface * No specifications as to * No specifications as to ' where the can be arked. where the can be arked. Coon Rapids '; * Must be parked on hard * Must be parked on hard * No more than 2 � - surface surface recreational vehicles �`* Can be parked in the front, * Can be parked on grass if per property. �� side or rear yard and in in rear yard and not visible �n- k.. : drivewa from the ublic ri ht-of-wa Grystal ` :'` No specifications as to '' No specifications as to what type of surface they what type of surface they need to be parked on. need to be parked on. * Can be parked in the side * Can be parked in the side ; or rear yard. or rear yard. �* Must be setback 3 feet * Must be setback 3 feet �� from the side and rear from the side and rear '; property lines. property lines. "* Must be no closer than 10 * Must be no closer than 10 �= feet from neighboring feet from neighboring :-�� dwellings. dwellings. 33 CITTY ;' � MO�ORf�EE� ; ; NON=NtOT�Rf�E�i' , .. �� . . �;.e ""E��HER , °> Fridley ''` Must be parked on hard * No specifications as to surface. what type of surface they �� * No specifications as to need to be parked on. where they can be parked. * Can be parked in side or rear yard only. Golden Val[ey' * No specifications as to * Can be parked on grass � where they can be parked. * No specifications as to where the can be arked. Lake Elmo ' * No specifications as to what type of surface they need to be parked on. * Boats and trailers less 4� - than 25 feet in length, can be stored in rear yard, must be setback 10 feet from ro ert line. Mounds View' * Must be parked on hard * Must be parked on hard surface. surface. ,` * No specifications as to * No specifications as to � where the can be arked. where the can be arked. New Brightor�Y ;.. * Must be parked on hard * Must be parked on hard �� ;` �� surface. surface. � * No speeifications as to * No specifications as to -�> where they can be parked. where they can be parked. * If parked in rear yard, can't '` If parked in rear yard, can't ' drive over grass to get to drive over grass to get to aved surface. aved surface. New Hope ��°` * Must be parked on hard * Must be parked on hard `� �; surface if in front yard. surface if in front yard. �-> � �. ��* No specifications as to * No specifications as to �.: what type of surface they what type of surface they �� .� need to be parked on if need to be parked on if � �; r` stored in side or rear yard. stored in side or rear yard. �"L '* Can be parked in the front, * Can be parked in the front, �� .� �� side, or rear yards. side, or rear yards. �� :�� `� * Must be setback 15 feet * Must be setback 15 feet � �-� �=� from street curb and not from street curb and not ��:��. �: encroach on any sidewalk in encroach on any sidewalk in ��,:� front yard. front yard. ��.�,�� * Must be setback 5 feet * Must be setback 5 feet N�, �; from side and rear property from side and rear property � �_��. � lines. lines. Osseo ; * Must be parked on hard * Must be parked on hard `' �` �� surface or gravel. surface or gravel. ��` � r* No specifications as to * No specifications as to �'�` �� .�, where �the can be arked. where the can be arked. 34 `CtTI� •' � ' . .' I�ttOTQF��E� � ` , ; :°': EttON�-`IViOTQR�ZE�}� : ; ` ,* , ''C3THER- .. : , , Ramsey * Must be parked on hard " Must be parked on hard surface. surface. * Can be parked in the " Can be parked in the ` driveway, side or rear yard driveway, side or rear yard onl . onl . Shoreview _; * Must be parked on hard * Must be parked on hard No more than 2 surface. surface. recreational vehicles `* Can be parked in the * Can be parked in the per lot. d�iveway, front, side or rear driveway, front, side or rear yards. yards. ' Must be setback 30 feet '' Must be setback 30 feet ` from the front yard property from the front yard property line. line. " Must be setback 5 feet * Must be setback 5 feet `' " from the side yard property from the side yard property line. line. ° Must be setback 10 feet Must be setback 10 feet from the rear yard property from the rear yard property , line. line. Spring Lake`, ; ` No specifications as to " No specifications as to * Travel trailers, Park what type of surface they what type of surface they motorized home and �-; need to be parked on. need to be parked on. camping trailers <�� ' Can be parked within the * Can be parked within the cannot exceed 300 front yard setback or side front yard setback or side square feet. yard only. yard only. * Boats cannot Must be setback 5 feet from * Must be setback 5 feet exceed 30 feet in the side yard property line. from the side yard property length. line. 35 From time to time, the City receives requests to plow the snow from all bikeways in the community. 8g. Would you support or oppose City spending an additional 525,000 to $30,000 per year the personnel and equipment provide this service? the for to SUPPORT .................1 OPPOSE ..................2 DON'T KNOW/REFUSED......3 As the Fridley's senior population rises, there has been a growing demand for one story, maintenance-free housing. At the same time, there has been an increased demand for entry level housing, usually called starter homes, for younger households. g9. If you could prioritize only one SENIOR HOUSING..........1 as the top housing priority, which STARTER HOUSING.........2 one should it be -- (ROTATE) BOTH EQUALLY (VOL)......3 senior housing OR starter housing? NEITHER (VOL)...........4 � DON'T KNOW/REFUSED......5 Earlier this year, the Metropolitan Council asked the City of Fridley and other northern suburbs to cooperate in an effort to provide more affordable housing. The City was first asked to allow them to buy up to twenty single family homes in the commun- ity which the Metropolitan Council, in turn, would rent to quali- fied low and moderate income residents. For its part, the City of Fridley was asked to reduce the property tax rate on these properties. 90. Do you favor or oppose the City of STRONGLY FAVOR........::2 Fridley cooperating in this effort FAVOR ................. •3 to provide affordable housing? OPPOSE ................. (WAIT FOR RESPONSE) Do you feel STRONGLY OPPOSE.........4 strongly that way? DON'T KNOW/REFUSED......5 ---- -�_ � _ , ____ --- � The City currently DOES NOT alloFt�� he placement of non-motorized ; `-------- ----------------__-- ---_ -. campers and boats in driveways. 91. Should the Council adopt legisla- YES .....................1 tion that allows the storage of NO ......................2 boats and campers in driveways? DON'T KNOW/REFUSED......3 __ __ ___ __ _ The ity of Fridley has been spending about $500,00 per year for an annual street reconstruction program. As part of this program, asphalt curbs and gutters have been replaced with concrete curbs and gutters. Only the cost of curbs and gutters has been assessed 36 . � � AGENDA ITEM � CITY COUNCIL MEETING OF SEPTEMBER 17, 2001 CfTY OF FRIDLEY Date: 9/ 17/O 1 To: William Burns, Ciry Manager � /i� � From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stephanie Hanson, Planner RE: Public Hearing for ZTA #O 1-07 M-O 1-133 INTRODUCTION City Staff is requesting a text amendment to the City Zoning code that will allow barbed wire fencing in certain zoning districts. This change will apply to Chapter 213, Prohibition. PLANNING COMMISSION ACTION At the September 5, 2001 Planning Commission meeting, a public hearing was held for ZTA #01-07. After reviewing the staff report and hearing from City Staff, a motion was made to recommend the approval of the proposed zoning text amendment. The motion passed unanimously. Planning Commission had some questions regarding the required fence height and the allowable number of strands of barbed wire to be used. The Planning Commission would like the required fence height to be 8 feet for safety reasons. City Staff supports the Planning Commission on this request. Planning Commission asked how the 3 strands of barbed wue had been derived. Through investigation conducted by City Staff of various sites, 3 strands of barbed wire is standard throughout the City of Fridley. PLANNING STAFF RECOMMENDATION City Staff recommends the public hearing for ZTA #01-07. City Staff further recommends concurrence with the Planning Commission in approval of ZTA #01-07. 37 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 213 OF THE FRIDLEY CITY CODE PERTAINING TO ALLOWING BARBED WIRE FENCING IN CERTAL�1 ZONING DISTRICTS. The City Council of the City of Fridley hereby finds, after review, examination and recommendation of staff, that Chapter 213.03. Fences, of the Fridley City Code be amended to allow barbed wire fencing in certain zoning districts and hereby ordains the following: That chapter 213 is hereby amended as follows: Chapter 213. FENCES 213.03. PROHIBITION It shall be unlawful for any person to consmzct and maintain or allow to be constructed or maintained upon any property located within the limits of the City of Fridley �e�e €c�ee;-e� any fence of inetal construction or othenvise, which is charged or connected with an electrical current in such a manner as to transmit said current to persons, animals or things which might come in contact with same. Barbed wire is prohibited except where permitted bv this ordinance. In addition to an ei�ht (8) foot fence, up to three (3) strands of barbed wire, which is not to exceed ei�hteen (18) inches in hei�ht, may be used on standard barbed wire arms, desi�ned specifically for that purpose. These barbed wire arms mav be used in the P, M-1, M-2, M-3, M-4, C-2, and C-3 districts, under the followina conditions: 1. Barbed wire is necessarv to protect public utilities. 2. Barbed wire mav be used in the side and rear vard of those industries that have approved outdoor storage areas, meetin� all code requirements. 3. Barbed wire mav be used in the side and rear vard of those commercial properties that have approved outdoor sales lots, meetin� all code requirements. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 2001. ATTEST: DEBRA A. SKOGEN — CITY CLERK : SCOTT J. LUND — MAYOR � f CiTf OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF SEPTEMBER 17, 2001 DATE: September 12, 2001 � TO: William W. Burns, City Nlanager h� 'tF FROM: SUBJECT Julie Jones, Environmental Planner Scott Hickok, Community Development Director First Reading — Chapter 113, Solid Waste Disposal and Recycling Services Introduction On September 10, 2001, Council held a public hearing regarding proposed amendments to Chapter 113, Solid Waste Disposal and Recycling Services. During that hearing several questions were raised regarding the proposed language and level of regulatory authority the City would chose to endeavor. The purpose of this memo is to provide answers to questions raised, highlight suQgestions for revised language, and to recommend approval of the enclosed draft ordinance. Questions Section 113.08, Construction Waste Bins, states, An a�ncovered bz�lk or box type waste storage bin may not be located on any premises for the purpose of collecting construction waste for more than three (3) consecutive months during any twelve month period. Council member Bolkcom asked for clarification of this section. Answer; Staff has interviewed dumpster industry representatives and the building inspection staff. These resources indicate that as a practical matter, construction dumpsters come to a site and are removed after a very short period of time. Construction dumpsters are rented for 5150 -$225 per week. Dumpsters used beyond the first week, will mean additional cost to the home or business. As a result, dumpsters typically stay on a residential site for a period of 1—� days. Some, but very few dumpsters stay for a week beyond the first week rental, simply because of the hauler's pick-up schedule. For a standard roofing job in Fridley it is not uncommon for a dumpster to be dropped in the morning and removed by that same evening. 39 Building Official Ron Julkowski points out that an enormous problem with construction dumpsters in residential driveways is illegal dumping and contamination. People see a large dumpster and they contribute carpet, furniture, etc. A construction load contaminated by carpet can cost an additional $200 to dump. Depending on other contamination he has heard of dumping fees as high as $1,000 for a 20-yard container. He believes 3 months is too generous in residential and that dumpsters sitting in commercial and industrial areas is not a real reoccurring issue. In commercial and industrial district construction, dumpsters have a tendency to stay longer. In those instances however, the dumpster is not simply filled and left sitting. Two examples recently are the Medtronic, Rice Creek Campus and Unity Hospital. In both cases, dumpsters may have remained for a period of over 3 months, but the same dumpster was not there for three consecutive months in either case. Neither of these examples would therefore violate the ordinance as proposed. Staff recommends keeping the language as proposed. It is broad enough for commercial and industrial and residential applications. The self-policing nature of cost and contamination factors make these type containers rare and keep them from being a problem for staff and neighbors. Council Member Bolkcom asked for clarification on the placement of containers. Simply put, the amended language is more liberal. The ordinance no longer requires container placement within three feet of the building. A property owner can make speciai arrangements to have their solid waste collected up at the house, but the new ordinance would no longer require that placement. Container placement lang�cage now states, Containers a�sed for the storage and collection of solid waste, recyclables, or yard waste ma�st be reti�rned to the private driveway of the cz�stomer and cannot be retz�rned to the public drive area of a pz�blic drive area upon collection of the container contents. The paragraph construction was erroneous. What was meant to be said is this: Containers used for the storage and collection of solid waste, recyclables, or yard waste ma�st be reta�rned to the private driveway of the customer and cannot be reti�rned to the pa�blic drive area ofa private drive area acntil placement for collection the followin� week. Council Member Bolkcom asked about the screening requirement for screening of containers on private residential properties. The question in this case (as staff saw it) was one of policy or philosophy as opposed to ordinance language construction. Based on staff/complaint experience, staff recommends that the ordinance include the suggested screening language. . � Council Member Bolkcom asked about whether the City has experienced much scavenging and (as staff saw it) questioned the City's desire to adopt this portion of the law. Based on a fee structure that requires a certain amount of aluminum, staff recommends keeping this portion of the ordinance as it is. We have had scavenging in Fridley from time to time and we currently have no mechanism for enforcement. A misdemeanor citation in our experience has an impact. Council Member Bolkom asked a question regarding leaves. Environmentalist would recommend allowing leaves to remain on the ground once they have fallen to replenish the soil with nutrients and to insulate small plant material. This practice is not composting and would not represent a violation to the Code as proposed. Using leaves in the manner described by Leeann Spore would not constitute a violation of this ordinance either. Ms. Spore does as the environmentalists would recommend and uses her leaves to insulate and protect plant life on the edge of a creek. One contradiction, however, is that Ms. Spore's practice does increase the nutrient load in the stream water. That practice, however, is not compostin� and therefore not a violation of this ordinance. Council Member Billings reiterated an earlier desire to have the containers above 32 gallons approved by staff and the haulers. Staff chose to not make that a requirement of the ordinance and simply left the container issue to be resolved by the resident and their hauler. No size limit is prescribed in the proposed ordinance. Staff recommends no changes to this proposed language. Council Member Billings commented on Section 113.09 and asked for verification of the yard waste, refuse mixture prohibition. Staff reiterated that this is State Statute and the City's proposed ordinance simply references the State requirement. Council Member Billings asked for clarification of hauler requirements (113.14) and specifically about the hauler's requirement to identify damaged containers. Staff removed this requirement because it has not been enforced by the City and has not been observed by the haulers. Staff either observes these issues or receives complaints and contacts the owners. The hauler's help concept is great; but has not worked in practical application. Council Member Wolfe asked for clarification of enforcement of the 28-hour placement requirement around holidays. Staff responded that holiday consideration would be given prior to enforcement. RECOMMENDATION Unless otherwise directed, staff will modify the Section 113.14 (6), Container Placement in accordance with Council Member Bolkcom's concerns and then schedule Chapter 113 for first reading on September 17, 2001. 41 ORDINANCE NO. ORDINANCE AMENDING THE CITY CODE Ol TO REPEAL CHAPTER 113, ENTITLED "50LI COLLECTION" AIVD ADOPT A NEW.:CHAP DISPOS�II. A1�p RE�YCT:,1 The City Council of the City of Fridley.., herby ordains:th� SECTION 1. That Fridley City Code Chaptet 113,,entit: repealed in its entirety; SECTION 2. ;1 C� TY OF ION" �LEY,IVIINNESOTA, , AND RECYCLING "SOLID WASTE Waste Disposal and Recycling Collection be hereby That Fridley City Code is amended to include a new Chapter 113 Entitled Solid Waste Disposal and Recycling Collection. FRIDLEY CITY CODE CHAPTER 113. SOLID WASTE DISPOSAL A1�1D RECYCLliYG COLLECTION (Ref. 585, 630, 838, 955, 962, 968, 1013, 1019, 1111, 1122) ll3.01. DEFINITIONS The following defmitions shall apply in the interpretation and enforcement of this Chapter and the following words and terms wherever they occur in this Chapter are defined as follows: Approved. Accepted by the City following its determination as to compliance with established public health practices and standards. 2. Commercial Establishment. Any premises where a commercial or industrial enterprise of any kind is carried on and shall include, but is not limited to, clubs, churches and establishments of nonprofit organizations where food is prepared or served or goods aze sold. Compost. A mixture of decaying organic matter in a contained area. 4. Composting. Any above ground microbial process that converts yard waste and other materials identified in Section 113.10(1) to organic soil additive or mulch by decomposition of material through an aerobic process providing adequate oxygen and moisture. 42 Dwelling Unit. A separate residenrial dwelling place with a kitchen. , 6. Mixed Municipal Solid Waste,..._. . Garbage, refuse, and other soIid waste, 'except: construction :and:-demolition waste, from residential, corrunercial, industrial, and commuriiry, activities ;that ;the'generator of the waste aggregates for collection, as defined in Minnesota State Statutes Chapter 115A.,. 7. Multiple D�velling Unit. A residential structure with five or inore:dwelling units. 8. Person. Any person, firm, partnership, association, corporation, company or organization of any kind. 9. Public Nuisance A condition which unreasonably annoys, injures or endangers the safety, health, comfort, or repose of a considerable number of inembers of the public. 10. Recyclable Materials. Materials that are separated from mixed municipal solid waste for the purpose of recycling, including, but not lunited to, metal, paper, glass, plastics, and textiles. Refuse-derived fuel or other material that is destroyed by incineration is not a recyclable material. 11. Recycling The process of collecting and preparing recyclable materials and reusing the materials in their original form or using them in manufacturing processes that do not cause the destruction of recyclable materials in a manner that precludes further use. 12. Recycling Collector. Any person or entity engaged in collecting, transporting, and processing of recycled materials from residential or commercial sites in the City. 13. Residential Properties. Attached and detached single -, double -, triple - and quadruple -dwelling units and mobile homes. 14. Solid Waste. Garbage, refuse, construction and demolition debris and other discarded matter in solid form, but not including hazardous waste. 43 15. Yard Waste. Grass clippings, leaves, herbaceous garden wastes, and tre� waste� ; ,..., ; 113.02 SOLID WASTE DISPOSr1L...-.... It is unlawful for any person to;throw or deposit solid waste,;yard waste, tree waste or recyclables on any property within the City, except that the owner may maintain,receptacles for collection of such items, provided such receptacles meet;the iequirements of Sections I13.04, 113.05, and 113.06. The owner of any private property, whether occupied or vacant; sha11 aC a11 times maintain the premises free of litter. No person shall dispose of solid waste ti�pori any lands in the City of Fridley, except that composting may be conducted if in fizll accordance witl� the terms;..of Section 113.10. ll3.03 FREQUENCY OF CQLLE�TION Mixed municipal solid waste must be collected a minimum of once a week, or more frequently if necessary, by a licensed collector from all properly within the City. 113.04 RESIDENTIAL SOLID WASTE CONTAINERS REQUIRED The owner of any dwelling unit must provide and maintain on premises sufficient containers for the storage of all solid waste accumulated on the premises between collections. Each such container shall be durable, watertight, impervious to insects and rodents, and shall have a tight-fitting lid. 113.05 CO�L'VIERCIAL SOLID WASTE CONTAINERS REQUIRED All commercial establishments and multiple dwelling units that generate more than one (1) cubic yard of solid waste per week shall provide bulk or box type solid waste storage containers of sufficient size for the storage of all solid waste accumulated on the premises between collections. Such containers must be durable, watertight, impervious to insects and rodents, and shall have a tight-fitting lid. Such containers must be accessible to collection equipment and cannot require intermediate transfer. 113.06 CONTAINMENT OF YARD WASTE Yard waste may be stored in containers, bags, or bundles until the next available collection, but not longer than five months. Yard wastes, prepared for collection, must be screened from view of a public right-of- way other than a 28 hour time period weekly for curbside collection. 113.07 CONTAINER SCREENING 1. Commercial Establishments and Multiple Dwelling Units Any bulk or box type container used for the storage of mixed municipal solid waste, recyclables, or compostables must be screened from view of the public right-of-way, public park or residential area. Recycling containers less than one (1) cubic yard in capacity do not need to be screened from view of the public right-of-way, but must be placed on a paved surface. Baled recyclables must be stored out of view from the public right-of-way other than a 24-hour time period before a scheduled collection. Screening shall consist of a solid fence or wall not less than six (6) feet high in the side and rear yards and shall not extend to within fifteen (15) feet of any "street right-of-way" line. Plantings may also be . . required in addirion to, or in lieu of, fencing. approved by the City. The type, size and location af:such plantings must be The screening requirements shall be sarisfied by the use.; of a..screening fence or planting screen according ,: to the following standazds: , :' ; € ` ..... -'" (a) Plantings shall not:be placed so as to o�isiruct liries::of sight at street comers and driveways. -' , ,.. ; ,;� ; ,' (b) A screening fence s�iall be attiractive and conapa�ible with the principal building and the surrounding land use. ` (c) A planting screen shall'con�sist of a closefiy grown hedge, a row of trees, evergreens or other vegetation approyed by;the;City. (d) If the topography, nat�iral grotivCFi of vegetation, permanent buildin;s or other barriers meet the standards for seieening as approved by the City, they may be substituted for all or part of the sereenikg fence or planting screen. (e) If a four-sided enetosure is necessary to screen a solid waste container from the public right-of way, constructed doors, allowing for removal of the container, must be constructed of durable material and be maintained in workable condition. 2. Residential Properties Containers used for the storage of mixed municipal solid waste, recyclables, and compostables must be screened from view of a public right-of-way other than a 28 hour time period weekly for collection. Materials may be placed at the curb, but not in the public drive area of the right-of-way, for collection by a licensed collector from S:OOpm the day prior to collection until 9:OOpm the day of collection. 113.08 CONSTRUCTION WASTE BINS An uncovered bulk or box type waste storage bin may not be located on any premises for the purpose of collecting construction waste for more than three (3) consecutive months during any 12-month period. 113.09 YARD WASTE COLLECTION A person may not place yard waste in mixed municipal solid waste, in a disposal facility, or in a resource recovery facility except for the purpose of reuse, composting, or co-composting, in accordance with Minnesota Statutes Chapter 115A.93 L 113.10 COMPOSTING Composting is permitted on residential properties provided all the following conditions are met. Composting is also permitted on publicly-owned properties, for educational purposes, according to the same guidelines. 1. Only the following materials may be placed in a compost area: grass clippings, leaves, herbaceous garden wastes, raw fruit and vegetable food scraps, chipped tree waste, sawdust, evergreen cones and needles, or additional materials approved by the City and the collector. Under no circumstances may any of the following items be placed in a compost area: meat, bones, grease, eggs, dairy products, or human or pet feces. 2. A compost area must be fully confined within a fenced area or enclosed structure. 3. A compost area must be located and designed so that seepage from the compost will not funnel off into public or private streets, storm sewers, drainage ditches, water retention basins, wetlands, �� streams, lakes, or ponds. No compost container may be placed withi.n:twerity-five (25) feet of any body of water or area designated as flood plain, shoreland.or state prot�ctetl wetlands. 4. A compost azea may not be located in any front yard and. ml,�st be a� least five (5) feet from any side or rear lot line and be no closer than..20 feet from� any rlvvelling unit locatec��on adjacent property. 5. A compost area may not exceed 5 cubiC }�ards; in voiuz�ie, and rriay not exceed five (5) feet in height. 6. The compost must be managed accordi�g; to stanc�ard cotripost practices, which includes providing air circulation within the compost structur� tp pr�vent sombustion and aeration often enough to prevent the generation of odors and the:ge�eration of:a public nuisance. 113.11 SOLID WASTE ABATEMEN'F PROGRAIVI AND FEE In order to meet the requirements of State Waste Abatement Laws, the City of Fridley has established a Solid Waste Abatement Prograin (SWAP). This program includes residential curbside recycling collecrion services and other programs approved by the City that provide means for Fridley residents to reduce their amount of waste. In order to fund these waste abatement programs, the City of Fridley charges a solid waste abatement fee on the utility bills of each single through 12-unit dwelling unit provided recycling service by the City. The amount of the fee is set by resolution by the City Council. Solid Waste Abatement Fee revenues shall be placed in the Solid Waste Abatement Fund and shall only be expended on solid waste program activities. 11312 RECYCLING COLLECTION The City of Fridley will provide for the collection of recyclables from all single through 12-unit mulriple dwellings as required in Chapter 115A of Minnesota State Statutes. Owners of multiple dwelling structures of 13 or more units shall provide at least monthly collection of four (4) broad categories of recyclables. Recycling categories include, but are not limited to, paper, glass, plastic and metal. Owners of multiple dwelling structures must also ensure and annually provide evidence to the City that their tenants are informed at time of occupancy and, in addition, at least once per year as to the availability of recycling collection on site. Containers designated for the collection of recyclables at a multiple dwelling unit must be clearly labeled as to what materials may be placed in it and the containers must be placed in a location that is as convenient to use as the solid waste collection containers on site. Recycling containers must also be kept accessible year-round, including the removal of snow within 24 hours after a snowfall of more than 3 inches. 113.13 SCAVENGING It shall be unlawful for unauthorized persons to collect, remove or dispose of recyclable materials after said materials have been placed or deposited for collection without a license from the City and an account relationship with the owner or occupant of the premises. Responsibility for and ownership of recyclable materials remains with the person who placed the materials out for collection until collected by a licensed recycling collector, at which time, the ownership and responsibility passes to the recycling collector. 113.14 RECYCLING AND SOLID WASTE HAULERS' REGULATIONS 1. License Requirement. . � No person shall engage in collecting or conveying solid waste ;or recyclable material from any premises, other than their own dwelling unit, in the City unless tliat person holds a valid license hereunder. Each such vehicle so used must be licensed. `: �-; - 2. License Classifications. Applicants for licenses�issued hereunder shall be isstied for the following classes of operations: Class I- Residential Solid �Vaste C011ection �ehicl�' ` Class II - Commercial Solid Waste Collecrion Ve�iicle Class III - Recyclin� Collection Vehicle : Class N— Construction and Demolitiori Waste Transport Vehicle 3. License Procedure. A. The provisions of Chapter 11, License and Permit, of the City Code, including the license fee shall apply to all licenses required by this Chapter and to the holders of such license. The term of each license hereunder shall be for not more than one year and shall expire on April 30 each year. The application for license or renewal of license shall contain a description of the types and makes of the motor vehicles used for collection, a description of what types of collection services will be provided, approximate number of customers served, schedule of charges which will be made for hauling, a schedule of residential solid waste collection routes, and location of where the material collected will be disposed of, and any other information the Ciry of Fridley shall require. B. Applicants for all license classifications shall file with each applicarion a certificate of insurance for general liability coverage for the licensee of at minimum $500,000 per occurrence and automobile liability coverage for each vehicle to be used in the amount of $500,000 or more per accident. Every licensee shall also carry Workers' Compensation Insurance for all of its employees. Each policy shall provide that it shall not be cancelled or ternunated for any reason without at least ten (10) days written notice thereof fust being given to the City. C. Applications for license hereunder shall be submitted to the City for review and recommendarion. If the City Council is satisfied that the health, safety and welfare of the public will be served, it may grant a license to any such application meeting the requirements of this Chapter. 4. Hours of Collection. No person engaged in hauling solid waste or recyclable material from residential areas within the City of Fridley shall do so before 6:30 A.M. or after 8:30 P.M. Monday through Saturday. Furthermore, hauling from commercial, business, industrial, or other such establishments shall not create a nuisance for, adjacent residential areas. 5. Vehicles. A. Each vehicle for which a license is applied for or which is licensed may be subject to a visual inspection by the City at the annual renewal date and at all reasonable times. Any such vehicle, while it is used by the licensee in the City of Fridley, shall have the name of the licensee clearly printed on both sides. Said lettering shall be at least three (3) inches in height and the color of the lettering and of the background shall be contrasting. m B. Each vehicle used to haul mixed municipal solid �ivaste:in�the City of Fridley shall be licensed by the regional waste authority and such:license shall be mauit�xned for the entire term of the City license. Each licensed vehicle shall �iave.,attached � decal iss�ed by the base Counry, showing the current regional re.gistration, EaGI?` vefiicle used to �aut reayclables or construction/demolition waste in tIie Cify�ofFridley:.Fnust display the decal issued by the City of Fridley. Expired or otherwise invalid decaIs shall be;remove��from the vehicle. C. Each vehicle liCensed for hauling solid wa��e or recycling must have a tight cover that is operated and maintained as:to prev�nt off'ensive-odors or spillage. The loading space of every solid waste vehicle licet�sed hereuride� shall be leak proof. Every vehicle shall be equipped with the necessary hand too�s fo� c�eaning up spills. D. Every vehicle ticensed hereunder shall be kept well painted, c�an and in good repair. Every such solid waste v.�l�iicle used for collecting solid waste or recyclables shall be cleaned every week, or more often if necessary, to prevent persistent odors. E. Recyclables and solid waste shall be loaded so that none of such materials can jar loose and fall to the ground or street when the vehicle is in motion. Loose paper, trash, and similar materials shall be so secured that they cannot be displaced by the wind or fall out of the vehicle. F. All licensed vehicles shall be equipped with a back-up warning device that complies with all applicable OSHA, Minnesota Statutes, or Minnesota Department of T'ransportation regulations. G. No person shall at any time park or store any recycling or solid waste collecrion vehicle on any premises zoned for use as a single or mulriple residence dwelling, within one hundred (100) feet of any aforementioned premises, or within two hundred (200) feet of any food establishment, for purpose other than, or for periods inconsistent with, providing recycling or solid waste collection at said premises. No person shall at any time park or store any loaded or partially loaded recycling or solid waste collection vehicle on any premises within the City, except for the purpose of and for periods consistent with, providing recycling or solid waste collection at that parcel of property. 6. Container Placement Containers used for the storage and collection of solid waste, recyclables, or yard waste must be returned to the private driveway of the customer and cannot be returned to the nublic drive area of a private drive area until placement for collection the followinQ week Volume Based Fees. As required by Minnesota Statutes Chapter 115A.93, Subd.3, the City requires all licensed solid waste haulers to establish a volume-based or weight-based fee system for all customers. This means a licensee has established a multiple unit pricing system that ensures that amounts of waste generated in excess of the base unit amount are priced higher than the base unit price. In addition, any licensee offering use of solid waste storage carts to their customers must also give customers a choice of a cart size less than 60 gallons in size upon request. . • � 0 Disclosure of Waste Destinarion. As required in Minnesota State Statutes 115A.93.02, ariy �aersqn li�ense� to transport solid waste in the City of Fridley must disclose the final destination(s� of ihat; wast� to their customers on an ;. annual basis. ; , . Recycling Requirements A recyclin� collector contractuig to'collect reeyclables from any multi-dwelling unit account in the City of Fridley mus�t collect:a minim�n of�our (4) broad categories of recyclables, according to Section 113.10 of this code. ;The colleCtion of newspaper, mixed paper, and corrugated cardboard is all one paper category. C.oi�Iected recyclable materials shall be recycled and may not be disposed of in any solid waste facility without authorization from the appropriate State agency and the City. If recyclables placed out for collection are significantly contaminated with non- recyclable materials, the. �ecycling collector shall notify the property owner of the contamination problem and refuse to collect the recyclables until the unacceptable material is removed. 10. Reports. All applicants for licenses hereunder who provide recycling collection services to multiple dwelling units in the City shall submit semi-annual reports to the City detailing the weight of recyclables by material type collected. A report for January through June recycling collections shall be submitted by the following July 15. A report for recycling collections from July through December shall be submitted by the following January 15. 11. Revocation of License Any license issued hereunder may be revoked or suspended by the City Council for any of the following causes following a hearing before tha City Council upon due notice to the licensee, stating the time and place of such hearing, together with a statement of the violation alleged to be the cause for the revocation or suspension of the license. A. Fraud, misrepresentation, or incorrect statement contained in the application for license, or made in carrying on the licensed activity. B. Conviction of any crime or misdemeanor pertaining to license held. C. Conducting such licensed activity in such manner as to constitute a breach of the peace, or a menace to the health, safety and welfare of the public, or a disturbance of the peace or comfort of the residents of the City, upon recommendation of the appropriate City official. D. Expiration or cancellation of any required bond or insurance, or failure to notify the City within a reasonable time of changes in the terms of the insurance or the carriers. E. Actions unauthorized or beyond the scope of the license granted. F. Violation of any regulation or provision of this code applicable to the acrivity for which the license has been granted, or any regulation or law of the State so applicable. G. Failure to continuously comply with all conditions contained in this Code. . • 113.15 FEES The license fee and expiration date shall be provided in,:�hapter l l:of Fridley City Code. 113.16 PENALTIES - � Any violation of this Chapter is a misdemeanor;'and; sut�j.ec.t tg all penalties provided for such violation under the provisions of Chapter 90I of this Code.: SECTION 3. That Fridley City Code Chapter 1 l,` entit.kd General Provisions and Fees, be amended as follows: ll3 D�4:.ne U....1..�.. /_.,.-h e and $15 each additional truck Waste Providers $60 for the first truck PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS _ DAY OF 2001. ATTEST: DEBRA A. SKOGEN — CITY CLERK Public Hearing: First Reading: Second Reading: Publication: 50 SCOTT J. LUND- MAYOR � AGENDA ITEM ` CITY COUNCIL MEETING OF °TMOF SEPTEMBER 17, 2001 FRIDLEY INFORMAL STATUS REPORTS 51