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11/26/2001 CONF MTG - 4723� � CfTY OF FRIDLEY CITY COUNCIL CONFERENCE MEETING November 26, 2001 — 7:00 p.m. Fridlep Municipal Center Conference Room A (Upper Level) 1. 800 Megahertz Radio System. 2. Accessory Dwelling Units. 3. Parking Ramp Stair Addition to Pedestrian Bridge Contract. 4. Adjourn. Fridley Police Department ' Memorandum To: Bill Burns c� From: Dave Sallman � Date: November 20, 2001 Re: 800 mega hertz John Tonding, Director of Central Communications, will be at the Council Work Session on November 26, 2001 to discuss the current and proposed radio system. The proposal is the result of some work by the Joint Law Enforcement Council Communications Committee with the assistance of a consultant. We have commonly referred to it as the 800 mghz. System but that is only one of the options. This has been a moving target relative to technology and financing but the bottom line is that Anoka County's Emergency Communications System is outdated with equipment dating back to the early 1970's and will be in need of replacement or repair in the near future. John will explain the need to do something and the options, which are available to us. The current cost of replacement to the modern technology (800 mghz) is about 12.5 million dollars. There are different scenarios to pay for the system, which include a 911 surcharge, special, taxing district, federal and state aid, and increasing local levy limits. Most of these options involve some cooperation from the legislature. There is a lesser option of repairing the current system with a price tag in the 3 million dollar range, but this is not a long-term solution. The City budgeting cost could range from nothing to the high range of about $700,000; depending upon which financing and equipment option is chosen. John Tonding will attempt to answer questions that the Council may have regarding the different options. Chuck McKusick and I will be there to discuss some of the local issues as they relate to emergency communications. � . � '�.� PLANNING DIVISION MEMORANDUM Date: 11 /2/01 „ l �,a� To: William Bums, City Manager ,� � From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner RE: Information on Accessory Dwelling Units M-01-165 The attached information, with the exception of the e-mail addressing Councilman Wolfe's questions, has been previously provided. This additional copy is being sent for anyone who may have misplaced his or her copy since the last meeting. After a brief discussion at the October 22 pre-meeting it was determined that there are a number of questions on this item and more time was needed. Council asked that staff bring this item back in a few weeks in order to further review the proposed language. This item has now been scheduled for discussion at the November 26"' Conference Meeting. Planning Staff will be available to answer your questions on November 26"' , but please feel free to e-mail staff with any questions prior to that date. The draft language of this ordinance was tentatively scheduled for a public hearing at the Planning Commission on November 21 �. Staff will notify the few people who have contacted the City about the proposed ordinance after reading the article on "mother in law" apartments in the September newsletter. Staff will inform these people that the hearing before the Planning Commission has been postponed, but that we will notify them prior to any public hearings on this issue. Staff is seeking your direction on this proposed change. Please let us know if you would like us to put on the brakes or move forward with this item. �. � '_ Bolin, Paul From: Sent: To: Cc: Subject: Bolin, Paul Tuesday, October 30, 2001 3:00 PM Wolfe, Richard City Council; Burns, Bill; Hickok, Scott; Stromberg, Stacy Councilmember Wolfe's questions on Accessory Dwelling Units Councilmember Wolfe, This e-mail attempts to answer the 12 questions you posed during last weeks pre-meeting regarding accessory dwelling units. Please let me know if you need any clarification or have any follow up questions. #1. What are the risks to neighbors now that we will have inexperienced landlords? Due to the many stipulations proposed to be placed on these units -no separate utility meters - no modifications to the exterior of the home, etc. impacts to neighboring properties will be minimized. As with any type of housing, there is no guarantee that there won't be any type of impact to the neighbors. If inexperienced landlords are a concern, the City could look at requiring the property owner to go through a"new landlord" training, as a stipulation to their special use permit, that could be developed and made available through CEE. #2. How will the City try to sell this to my constituents? City staff is not trying to "sell" this to anyone. This proposed ordinance has been on the Community DevelopmenYs "to do" list for a number of years. It is up to the Planning Commission, City Council, & those who attend the public Mearings to determine if this is something the City wishes to pursue. It is important to explain to constituents that these are accessory dwelling units..a small portion of the existing home rented to another person, generally a relative or friend. These are not duplexes. A public hearing will be held for each and everyone of these accessory dwelling units proposed. #3. How will we insure that the renters are ok people? Not like the ones you had on 7th street not less than finro blocks from City hall that are no longer there because of all the problems. The City currently does not (nor can we) get involved with private parties selecting renters. As in all groups of people there are good and bad. We can hope that anyone contemplating renting out a portion of their home is diligent in selecting renters. The properties on 7th Street are zoned R-1, yet for reasons unbeknownst to current staff, were built as duplexes. All of these properties have been converted back to single family homes. #4. So what if we allow this and there are more than a couple complaints a year? Do the police revoke their rental license or do we even require a license for the home owner to make their home a duplex? In addition to going through the special use permit process, which the Council could revoke at anytime, a rental license must be obtained from the Rental Inspections division in the Fire Department. The number of complaints and types of offensed would dictate what action is taken. There is no set formula for how many complaints would trigger a rental license or special use permit revocation. #5. Are we no going to rezone all neighborhoods from R-1 to R-2? And if so what will stop everyone on the whole block from becoming inexperienced landlords? No neighborhoods will not be rezoned to R-2, rather, accessory dwellings would be allowed in the R-1 district through the issuance of a special use permit and a rental license. The special use permit process will notify all residents within 350'. The neighbors will all then be able to voice their opinions at the public hearings before the planning commission and the City Council. The fear of notifiying neighbors and creating hard feelings will limit the number of accessory units that are proposed. #6. We already have a huge problem with parking in Fridley in the winter time so now we could create in some cases two to three to four times the amount of cars. These renters might have girl friends or boy friends or out of town guests, how do we control this or can we? The winter parking ban and paved driveway ordinance will quickly correct any problems with excessive cars. Any home that creates an accessory dwelling unit will be required to provide an additional off-street parking space. Single family homes are only required to have 2 parking spaces. A single family home with an accessory dwelling unit would be required to have at least 3 spaces total. We currently have a large number of single family homes that have 4-5 or more vehicles, which, as long as they are licensed, operable, & parked on a hard surFace is permitted. We cannot control how many vehicles a property has, just where they are parked. #7. As anyone who has watched our council meetings know we have talked for many many hours about garbage. Now we could potentially double the output at one of these duplexes. Which as we know to alot of people is very much an eyesore. Who will control this? Any code issues that arise due to excessive garbage will be dealt with by the Code Enforcement Officer. #8. Safety. Will the fire department know when called to a fire if it is a duplex? If the landlord or home owner is not home how will the firemen know if there is a back entrance or they have to break into the house in order to . � , get into the upper or lower part of the house? Will these new duplexes be on record. And who will do all the new rental inspections since we can't keep up now? Will the City be spending more tax money to hire more inspectors? Will the new improvements have to have all the proper permits? The Fire Department has had concern with illegal duplexes in Fridley. Because we do not currently allow accessory apartments in Fridley, people have illegally created these units in their homes. The Fire Department discovers these units on a regular basis when they respond to medical and fire calls. What we have heard from the Fire Department is that if the City made these accessory dwelling units legal and required a license & inspection, they would have all the information they need and would not be surprised in the event of a fire in the home. Without a license & inspection, the illegal units in Fridley can take the Fire Department by surprise. It is not expected that allowing accessory units with a special use permit will lead to a large number of single family homes converting space. Recent changes in the Fire Departments Rental Inspections Division has allowed them to keep up with inspections. The City will not need to hire more inspectors as a direct result of approving the proposed ordinance. All improvements will need to have the proper permits. The language laid out in the draft ordinance requires that the property be in compliance with all City, Building, Fire, & Rental Property Maintenance Code requirements. 9. Will the neighbors be informed about the new rental property now next door? The neighbors will be informed prior to the accessory dwelling unit being approved. The neighbors will be notified prior to the pubic hearing at the Planning Commission for the Special Use Permit. Those who are interested or concerned will be informed of the time and date for the public hearing & final action on the SUP by the City Council. 10. I know some people at the City feel we need more low income housing in Fridley but is this the way we do it? We have by numbers more than most of the cities around us. Accessory dwellings are not low income housing. However, accessory dwelling units may indirectly free up some of the more affordable housing in Fridley as elderly parents move from their apartments or older homes into their childrens home. While, by numbers, we do have more rental units than some surrounding suburbs, we do not have enough to meet the demand. In Fridley, the rental vacancy rate is an unhealthy 1°/a. This means that there is not enough rental housing available to meet the needs. A healthy rental market has a 5% vacancy rate. This means there are actually a few units for renters to choose from and helps to keep rents from going up astronomically. 11. I have seen it time and time again that rental houses tend to deteriorate much quicker than single family homes. How do the neighbors feel about their homes value dropping because of the rental property next door falling apart? As with anything there are good owners and bad owners. These will not be rental houses, these will be single family homes with an accessory apartment tucked away inside. Because the owner is required to live in the home, it should not deteriorate or be neglected as sometimes happens with absentee landlords. In speaking with the City Assessor, the properties with accessory apartments in them will still be classified as homesteaded (because the owner will be living in the home) and will most likely see an INCREASE in value as a result of the updates made to accomodate the accessory unit. 12. Who is going to make sure that the home owner still lives at the residence in a year or so? This happened in my neighborhood and no one knew. In the case of your neighborhood, the home that is vacant is a single family home. There are no special use permits or licenses issued for the home, no requirements that the property owner notify the City or neighbors of their departure. The owner must sign an affidavit affirming that they occupy one of the units. This information is also required upon the sale of the property. This information will also be confirmed during the rental inspections process and rental license renewal proscess. Also, neighbors will be watchdogs of these properties & we will most likely hear from the neighbors before the U-Haul leaves the driveway! Hope this answers your questions. If you or other Council members have any additional questions please e-mail them to me (cc' ing Dr. Burns of course !) and I will do all I can to answer your questions. Paul Bolin Planning Coordinator City of Fridley 6431 University Avenue NE Fridley, MN 55432 763-572-3599 A , Planning Division Memorandum Date: 10/18/01 To: William Bums, City Manager ,�� � From:Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Bulthuis, Planner RE: Information On Accessory Apartments In Single Family Housing / Draft Ordinance For Review n�w�-�so "Mother-in-law apartments," "granny flats," "single-family conversion," "accessory dwelling unit," and "efficiency apartments," are just a few of the common names for accessory apartments in single family zoning districts. CuRently, in the City of Fridley, accessory apartments located in our single family zoning districts are also known as "illegal duplexes". In its goals and objectives, the Community Development Department had identified investigating the development of an ordinance to allow these second living units in existing single family dwellings. The purpose of the attached information is to define accessory apartments, provide infoRnation on the pros and cons of this living option, and provide a draft of an ordinance amendment that would allow these units as a special use. Planning staff has worked with the rental housing inspection staff from the fire department to develop the draft ordinance attached to this document. Staff is proposing that these units be allowed through a special use permit and rental licensing process. The licensing and issuance of a special use permit will be necessary to minimize adverse impacts from these units on the rest of the neighborhood. Planning and rental housing staff have also identified minor changes to the City's Rental Property Maintenance code to effectively minimize adverse impacts from these units. The proposed changes to the Rental Property Maintenance Code are currently being reviewed by the Fire Department. If the City Council would like staff to move forward in pursuing the allowance of accessory dwelling units in the R-1 single family zoning district, this item will move forward to the Planning Commission on November 21 st and arrive at the City Council on December 3rd. Background On Accessory Apartments In Single Family Housing What is an accessory apartment? An accessory apartment is a self-contained living unit that is built into or attached to an existing single family home. The apartment unit is generally private and smaller than the primary unit and usually contains 1-2 bedrooms, private bath, small living area, and a kitchen. The accessory apartment generally shares yard, parking areas, and sometimes an entrance with the primary unit. Accessory apartments may be located in any part of the existing home depending upon the availability of space. Spaces most commonly conve►ted into accessory apartments include: walk-out basements, basements of split-level homes, attached garages, attics, other finished areas within the home, and additions to the home. What types of people choose the accessory apartment option? The installation of accessory apartments is attractive to diverse groups of people. According to research done by the University of Missouri, some of the most common examples include: • Older singles or couples who continue to live in large homes with sizable amounts of unused space and who are facing progressively higher operating and maintenance costs. • Middle-aged couples or "empty nesters" whose children have grown up and moved out of the household leaving empty bedrooms. • Middle-aged children who desire private living situations where elderly parents can maintain their privacy but remain within close living proximity. • Middle-aged or older people who spend significant amounts of time traveling or who maintain a second home in another region of the country, but who do not want to leave their primary home unoccupied or unattended.. • Young singles or couples who need additional income to help pay their mortgage payments. • Divorced individuals who prefer to remain living in their home but who need an added source of income for house payments, utility bills, and taxes. • Single working parents who can have tenants help with the maintenance of residences in good neighbofioods and who are available to provide babysitting or child-supervisory service while the parent is away. What are the pros and cons of allowing accessory apartments? There are many implications, both positive and negative, to allowing accessory apartments in the City of Fridley. There are implications to both the homeowner and to the Fridley community at large, as indicated below. Pros (Homeowner) Memorandum • Additional income to cover homeownership expenses • Tenants may provide companionship, add a measure of security, and alleviate fear of break-ins. • Allows one the opportunity to continue to live in own home and maintain contact with the neighbofiood. • Tenants may be wiling to provide maintenance services in lieu of rent — ie. mowing grass, shoveling snow, housekeeping, in-home health services, and providing transportation. Pros tCity / Communitv • Increase supply of low and modest cost rental housing. • Create new living units without the expense of new infrastructure. • An increase in property appraisals generates additional tax revenue. • Modestly increases economic activity in the private sector, which may benefit lenders, real estate agents, builders, and retail businesses. • Provides young singles, couples and single parents with another source of income. This option may allow them to buy into the housing market; maintain ownership of their present home; or make available modest-priced rental housing in neighborhoods which provide a wholesome environment for children. • Provides elderly homeowners an opportunity to remain in their homes, keeping neighbofioods stable. Cons (Homeowner) • The time, effort, and money it takes to determine if the house will accommodate an accessory apartment, addressing neighbofiood concems, and meeting City requirements. • When the home is eventually sold, a capital gains tax will be assessed on the accessory apartment portion of the home. • Experiencing some risk, fear, and uncertainty conceming the entire conversion process including selection of the first tenant. • Giving up some space and privacy. • Some homeowners feel accessory structures are demeaning. They are reluctant to tell neighbors they are no longer able to maintain their own home and need help from others to remain in neighborhood. Cons (City / Community) Typical NIMBY response from neighbors is the largest problem for Cities considering allowing accessory apartments. Many feel that these apartments are contrary to traditional values, which dictate that neighbofioods zoned for single-family use should be occupied exclusively by married couples with children. Many feel that these apartments have the potential for introducing new disruptive elements that 12/22/98 !� Memorandum may bring people into the neighborhood with altemative social values and living styles. NIMBYs typically create an illusion of concem and fear that accessory apartments will result in a general deterioration of the neighborhood, causing property values to fall and adversely affecting the quality of life in the community. The following cons are legitimate issues that the City should consider. • Visually alter the suROUndings through alterations to the existing homes and the increased presence of automobiles parked in driveways and on the street. • Attract absentee landlords who will exploit the housing resources by operating illegal duplexes. • Additional strain on the neighborhoods infrastructure through increased usage of the streets, utilities, and public services. How do we go about allowing accessory apartments? The following three mechanisms could be used in varying ways to permit and regulate accessory apa�tments in the City. Zoning ordinance: The City of Fridley could enact a zoning text amendment which would permit accessory apartments in the R-1 zoning district. Once granted "by right" privileges, homeowners in the R-1 district could make a conversion at anytime without seeking approval from anyone (other than building permits). Under this altemative, the City would be virtually powerless to intercede in response to unforeseen circumstances or contingencies. The occurrence of a massive number of accessory apartments being added in a small neighborhood, which could significantly harm the neighbofiood, could not be controlled. Licensing: This option would provide the City with an opportunity to exercise ongoing review and appraisal through periodic license renewal requirements. This effort would need to be carried out through the City's Rental Licensing Inspection Program, in close coordination with the Planning Department in order to ensure that the housing arrangements conform to the appropriate land use. Special Use Permit: The City of Fridley could review each case by conducting a public hearing. Decisions for approval would be based upon an established set of criteria or conditions designed to judge the impact upon the neighborhood. The SUP could be worded such that a new application must be made when the property changes hands. Neighbors could potentially exercise considerable influence on the application through the public hearing process. The City could use any of the three mentioned options or could tailor a combination of these to meet its needs. By combining certain elements, most likely licensing and a special use permit, every proposed accessory apartment would be required to satisfy both rental housing codes and land use specifications. Staff believes that 12/22/98 Memorandum requiring a special use permit and a rental license would eliminate many of the possible negative impacts to the City's neighbofioods. The City could, through the SUP process, set criteria for the allowance of accessory apartments in the R-1 District. The criteria for the issuance of the SUP may include any of the following. • Requiring the homeowner to reside in one of the living units within the house. • Restricting the conversion to homes that were constructed prior to a given date. (This would prevent speculators from building duplexes in R-1 districts) • Requiring a minimum square footage as a prerequisite for a house to be considered eligible for a conversion. • Prohibiting exterior modifications to the home. Specifying minimum and/or maximum floor sizes for accessory apartments and requiring that they not exceed a certain percentage of the home. Placing a limit on the number of people who can occupy the accessory apartment or designating the aggregate number of people who can occupy the entire house. Schedule If the Council would like staff to proceed, this item will move forward to the Planning Commission on November 21 st and arrive at the City Council on December 3rd. 12/22/98 ,- s Definitions Section of Citv Code Accessory Dwelling Unit — An accessory dwelling unit (ADU) is a habitable living unit created within a single-family dwelling that provides basic requirements for living, sleeping, eating, cooking, and sanitation. Section 205.07.O1.C.(13) (13) Accessory Dwelling Units, in new and existing single the following size, design, and owner-occupancy standard a. b. c. d. h. i. J• k. The property owner, which shall purchasers, must occupy either tY dwelling unit as their permanent re; for the owner-occupied u't. T affidavit before a not p blic � either the principal uni or the acces A minimum lot area o 9,000 q. feE The hom�s�'�11 not h e less an 1 footage �nc, dwe no pal �.,, �.._.... �o rty owner ' g that the c i elk� unit. been met: and contract the ccessory e re eive rent chall sign an 20 sq. ft. o finishe livi g azea. >t exce 33 perce t of the total area of the princip 1 and the ficat on. In no ase hall the han 00 square fee more than ; acc ssory dwelling unit contain ore th�i 2 b droo s. '� he total n ber f occupants i b th t e primary residence and the ccessory ellin unit c bin d not exceed the maximum umber estab 'she by e d fini ' n of family in Sections 205.03.27 f th ning o e Sect 220, Rental Property Maintenance, of he 'ty Code. urt er, the number of persons in the unit may not xce t e n er persons per room established in Section 220, ent 1 Pr e aintenance, of the City Code. ne ff-s et pazking space shall be required for the accessory weli ng unit, in addition to the off-street parking required for the ' cipal unit. No modifications, which would alter the single-family appearance of the home, may be made to the exterior of the home. These modifications include, but are not limited to, additional entryways, exterior stairways, and additional utilities. Property must be in compliance with all City Code requirements. Property must be in compliance with a11 Building, Fire, and Rental Property Maintenance Code requirements. Property owner must obtain rental license prior to occupancy of the accessory dwelling unit. Upon sale of the property, the new owner shall be required to notify the City of Fridley Rental Inspections Division to update the rental license. � � . : . 0 Definition of Family from Section 205 27. Family. An individuaf or two (2) or more persons related by blood, marriage or adoption, including foster children and bona fide domestic servants, subject to the following conditions: A. More than five (5) unrelated persons living in a dwelling unit shall not constitute a family. B. A group home which is a federal tax exempt nonp�ofit organization shall not constitute a family if the total persons other than the live-in staff or principal occupant exceeds five (5). Occupancy Standards from Section 220 11.Occupancy Standards Nofinrithstanding any private agreements between the landlord and occupant providing for more restrictive occupancy standards, the maximum occupancy standards shall be: A. No more than one family shall occupy a dwelling unit; and B. The maximum number of occupants in any rental dwelling unit shall not exceed the total of two times the number of bedrooms and the living room. City of Fridley TO: William W. Burns, City Manager FROM: Jon 1'-I. -Haukaas, Public Works Director DATE: November 20, 2001 SUBJECT: Parking Ramp Stair Addition to Pedestrian Bridge Contract PWO1-105 At the request of the Ciry Gouncil, we have asked our consultant, Krech, O'Brien, Mueller, and Wass, Inc. to investigate the possible costs associated with the installation of an outside stairway from the upper level to the lower level of the parking ramp. KOMW has indicated that the design and contract administration to add this to the existing pedestrian bridge replacement contractwould be $1500.00. They recommend a steel framed stair with open grate treads as the most cost effective solution taking into account safety and ease of maintenance. The -open grate treads maintain traction, do not hold snow, and will not spall from salting like concrete during winter. Without having designed the stairway, KOMW can only provide a"ballpark" cost estimate of $10,000.00 for the installation of this stair. Request you discuss this option with the City Council at the next conference meeting so we can inform the consultant whether or not the city wishes to add this option to the contract. JHH:cz