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11/03/2003 - 4612� OFFICIAL CITY COUNCIL AGENDA CITY COUNCIL MEETING NOVEMBER 3, 2003 � ` CffY OF FRIdLEY FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 3, 2003 7:30 p.m. - City Council Chambers Attendance Sheet PLFASF AR/NT NAMF, AflflRFSS ANfl /TFM IYUMBFR YaU ARF /MTFR�ST�fl /M. � ' : : , � rhrdF :i ,�,s-,v��snri� ��a �n � : � � ' a,�F',d �� y�.�� a � �, y//�iFry�i�s,'iy/ � 7' � tiy ,� v � .: �� Tam+��I��r�r�� .� � ,t�,��s� � ,�� „�� ,' , n .. , , . �,... . n,.. , . ,: ... ,; � � �%��j� i� `•' �..J� �.`2 �— } � _� 'c �`"` �'„f � _ �� i�ti�" L-"� �i ��- ' . ��f;�,,�;,` �� , � �� ,, , �J.. ,, � �V-� �.� ��`"F-�,,.ti.' �,'�_, �1''`'�'i/`^�: �� r�V��. _� , n� `�y_; �' V� r� y; -= A,�i :, t 1 t , / 1 � � .rv�.z%/*� I � rt . � � i 3 ✓ � C�/'�/ �" � ,� (� .. `'�� ' � i �, � �\ :� r, j ,. � � � �Z-. � ,�, \L �-- t,�c�. y `-�-- � � �i' i, ► �,G z� J< �1� � �-- /? , r� � ✓ i i�^1 r' .i:� }� �"� �' c � ? r,'� � 1��% �� t�r-�- ��' � � t t�; �,.� -z r�'�Z-� . �; �- : J Z,� . � � -- , , ` :� �-��. L/c:% 1 l..' r v� �� . : �� t� � C' � ` CITY COUNCIL MEETlNG OF NOVEMBER 3, 2003 C1TY OF FRIDLEY The City of Fridley w-ill not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of October 13, 2003 NEW BUSINESS: 1. Receive the Minutes of the Planning Commission Meeting of October 15, 2003 ......................................................... 1- 9 2. Resolution Approving a Plat, P.S. #03-07, Norton Manor Fourth Addition, by Michael Juaire, PMJ Group, Inc., for the Purpose of Constructing a 4-Unit Town Home Development, Generally Located at 1215 Norton Avenue N.E. (Ward 2) ................................................. 10 - 13 FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 3, 2003 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 3. Approve Development Agreement Between the City of Fridley and Michael Juaire for the Property Generally Located at 1215 Norton Avenue N.E. (Ward 2) ....................................................................................................... 14 - 20 _ 4. Approve 2003 — 2004 City of Fridley Snow Removal Operations Policies and Procedures ...........:......................................... 21 - 34 5. Claims 6. �icenses 7. Estimates ....................................................................................................... 35 - ...................................................................................................... 36 38 ...................................................................... ................................ 39 ADOPTION OF AGENDA. OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 3. 2003 PAGE 3 PUBLIC HEARINGS: 8. Consideration of the Assessment for the 2003 Nuisance Abatement Project (Continued October 27, 2003) ........................................................................... 40 - 41 . 9. Consideration of the Assessment for Street Improvement Project No. ST. 2003 — 1 (Continued October 27, 2003) ............................................................................ 42 - 44 OLD BUSINESS: 10. Resolution Adopting the Assessment for the 2003 Nuisance Abatement (Tabled October 27, 2003) ....................................................................................................... 45 - 47 Y � 11. Master Plan Amendment, MP #03-01, by Mohagen/Hansen Architectural Group, on - Behalf of Columbia Park Medical Group, to Amend the Master Plan for Columbia Park Medical Center Campus to Allow for Future Parking and Building Expansion, Generally - Located at 6341 University Avenue N.E. (Ward 1) .......................................................................e. :............................ 48 - 54 FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 3, 2003 PAGE 4 NEW BUSINESS: 12. Resolution Adopting the Assessment for the 2003 Street Improvement Project No. ST. 2003-1 ...................................................................................................... 55 - 56 13. Informai Status Reports ..................................................................................... 57 ADJOURN. . � � , � � � = FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 3, 2003 Q1Y OF FRIDLEY The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of October 13, 2003 NEW BUSINESS: 1. Receive the Minutes of the Planning Commission Meeting of October 15, 2003 ................................... 1 - 9 2. Resolution Approving a Plat, P.S. #03-07, Norton Manor Fourth Addition, by Michael Juaire, PMJ Group, Inc., for the Purpose of Constructing a 4-Unit Town Home Development, Generally Located at 1215 Norton Avenue N.E. (Ward 2) .................................. 10 - 13 3. Approve Development Agreement Between the City of Fridley and Michael Juaire for the Property Generally Located at 1215 Norton Avenue N.E. (Ward 2) ................................... 14 - 20 4. Approve 2003 — 2004 City of Fridley Snow Removal Operations Policies and Procedures ................................... 21 - 34 APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: 5. Claims 6. Licenses 7. Estimates �` , t�t� � � ................................. 35 ................................... 36 - 38 ................................... 39 ADOPTION OF AGENDA. OPEN FORUM, VISITORS: Consideration of items not on Agenda —15 minutes. PUBLIC HEARINGS: 8. Consideration of the Assessment for the 2003 Nuisance Abatement Project (Continued October 27, 2003) .......... 40 - 41 9. Consideration of the Assessment for Street Improvement Project No. ST. 2003 —1 (Continued October 27, 2003) ........... 42 - 44 � R a. • .. � s FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 3, 2003 PAGE 2 OLD BUSINESS: �� 10. Resolution Adopting the Assessment for the (1 ��'� 2003 Nuisance Abatement (Tabled October 27, �/� 2003) ................................... 45 - 47 � 11. Master Plan Amendment, MP #03-01, by � ��. Mohagen/Hansen Architectural Group, on Behalf of Columbia Park Medical Group, to �, � Amend the Master Plan for Columbia Park ��-� Medical Center Campus to Allow for Future Parking and Building Expansion, Generally Located at 6341 University Avenue N.E. (Ward 1) ................................... 48 - 54 NEW BUSINESS: n`''`, � 12. Resolution Adopting the Assessment for the (`��.2�� 2003 Street Improvement Project No. �� ST. 2003-1 .................................. 55 - 56 13. Informal Status Reports ..................... 57 ADJOURN. THE MI]�TLJTES OF THE FRIDLEY CITY COUNCIL MEETING OF OCTOBER 13, 2003 CITY OF FRIDLEY CITY COUNCIL MEETING MINUTES OCTOBER 13, 2003 The regular meetin� of the Fridley City Council was called to order by Mayor Lund at 7:30 p.m. PLEDGE OF ALLEGIANCE: _ Mayor Lund led the Council and audience in the Pledge of Allegiance to the Flag. 0 ROLL CALL MEMBERS PRESENT: Mayor Lund, Councilmember Barnette, and Councilmember Billings. MEMBERS ABSENT: Councilmember Wolfe and Councilmember Bolkcom. PRESENTATION: Paul McCarron and Jeffrey Dahler provided an update on the Northstar Commuter Rail Project. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of October 13, 2003 APPROVED. NEW BUSINESS: 1. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF OCTOBER 1, 2003. RECEIVED. 2. SPECIAL USE PERMIT REQUEST, SP #03-15, BY DAN SEEKAMP, TO ALLOW THE CONSTRUCTION OF A SECOND ACCESSORY STRUCTURE, . GENERALLY LOCATED AT 7055 EAST RIVER ROAD N.E. (WARD 31. Dr. William Burns, City Manager, said the petitioner wished to build a 480 square foot accessory building in the rear yard of his property. The building would be used for FRIDLEY CITY COUNCIL v1EETING OF OCTOBER 13, 2003 PAGE 2 storage. The Planning Commission approved the reguest subject to four stipulations. Staff recommended Council's approval with four stipulations. APPROtiED SPECIAI. USE PERNIIT REQUEST, SP #03-1�, BY DAN SEEKANIP, WITH THE FOLLOWING STIPULATIONS: 1. PETITIONER SHALL INSTALL CODE REQUIRED HARD SURFACE DRIVEWAY WITHIN 2 MONTHS OF ISSUAi�TCE OF A BUILDING PERMIT; 2. PETITIONER SHALL OBTAIN ALL NECESSARY BUILDING PERMITS PRIOR TO CONSTRUCTION; 3. THE STRUCTURE SHALL NOT BE USED FOR A HOME OCCUPATION OR LIVING AREA; AND 4. THE ACCESSORY STRUCTURE SHALL BE ARCHITECTURALLY COMPATIBLE WITH EXISTING HOME AND FINISHED WITH A COMPLEMENTARY SIDING AND COLOR SCHEME. 3. VARIANCE REQUEST, VAR #03-16, BY BOB'S PRODUCE RANCH, TO REDUCE THE SETBACK OF A FREE-STANDING SIGN, GENERALLY LOCATED AT 7620 ITNIVERSITY AVENUE N.E. (WARD 3). Dr. William Burns, City Manager, said the petitioner wished to construct a two-sided electronic sign with 80 square feet of area. The proposed setback variances were from 10 feet to 5 feet from the property line and from 10 feet to 4 feet from the driveway. Staff recommended Council's approval subject to five stipulations. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED 4N THE REGULAR AGENDA. 4. RESOLUTION NO. 52-2003 CALLING FOR A PUBLIC HEARING ON THE MODIFICATION OF THE REDEVELOPMENT PLAN FOR REDEVELOP- MENT PROJECT NO. 1 AND THE TAX INCREMENT FINANCING DISTRICT NOS. 1, 2, 3, 6, 7, 9, 11,12,13,14,16 AND 17. Dr. William Burns, City Manager, said the changes consisted of budget modifications to reflect changes in the ta�c increment law that were enacted in 2001 and 2003. The changes in 2001 reduced the class rates for commercial industrial property which reduced revenue from many tax increment districts by 40 percent. The 2003 changes modified the definition of original tax rates for districts created prior to 1988. The impact of this change was to raise the revenue received for those districts. While this was more of an administrative matter, state law required public hearings by the City Council and the Housing and Redevelopment Authority before either body could amend ta�c increment financing plan budgets. The proposed hearing date was December 8, 2003. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 52-2003. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 13, 2003 PAGE 3 �. APPROVE AGREEMENT WITH WSB & ASSOCIATES, INC., FOR CONSTRtiCTION SERVICES FOR THE UNIVERSITY AVENUE POND PROJECT. Dr. William Burns, City Manager, said the services included construction administration, surveying and inspection. The cost of the services was for an amount up to $14,500. These services are associated with the construction of a storm water detention pond on the east side of University Avenue near the Northtown park and ride site. The project and construction services are funded by the Clean Water Partnership grant that Fridley, . Blaine, Coon Rapids and Spring Lake Park received for water quality improvements at the Springbrook Nature Center. Staff recommended Council's approval. � APPROVED AGREEMENT WITH WSB & ASSOCIATES, INC. 6. RECEIVE BIDS AND AWARD CONTRACT FOR THE UNIVERSITY AVENUE STORM WATER TREATMENT POND PROJECT. Dr. William Burns, City Manager, said bids were opened on October 3, 2003. The low bid in the amount of $128,162.73 was submitted by Park Construction. The pond will be constructed on the southeast quadrant of the intersection of University Avenue and 85`� Avenue, upstream from the Springbrook Nature Center, as part of the watershed improvement grant project. The cost of the project will be grant-funded. Staff recommended Council's approvaL RECEIVED AGREEMENTS AND AWARDED THE CONTRACT FOR THE UNIVERSITY AVENUE STORM WATER TREATMENT POND PROJECT TO PARK CONSTRUCTION. 7. RESOLUTION NO. 53-2003 DESIGNATING TIME AND NUMBER OF COUNCIL MEETINGS FOR 2004. ADOPTED RESOLUTION NO. 53-2003. 8. CLAIMS. AUTHORIZED PAYMENT OF CLAIM NOS. 113605 THROUGH 113827. 9. LICENSES. APPROVED LICENSES AS SUBMITTED AND AS ON FILE. 10. ESTIMATES. APPROVED THE FOLLOWING ESTIMATES: FRIDLEY CITY COUNCIL MEETING OF OCTOBER 13, 2003 PAGE 4 Hardrives Inc. 1447� Quiram Drive Rogers, MN 55374-9461 2003 Street Improvement Marian Hills Project No. ST 2003 —1 EstimateNo. � ........................................................................................ $6,030.17 Creative Curb Contractors 64358 — 375th Street Watkins, MN 55389 2003 Miscellaneous Concrete Repair Project No. 351 EstimateNo. 4 ........................................................................................ $9,397.59 APPROVAL OF PROPOSED CONSENT AGENDA: Councilmember Billings asked to remove Item 3 and place it after Open Forum on the regular agenda. Mr. Tim Byrne, 6053 Woody Lane N.E., asked if Item 4 referred to Gateway West. Mr. Scott Hickok, Community Development Director, said it was not related to Gateway West but the tax increment financing districts that had been created and the need to modify the redevelopment plan related to those districts. Mr. Byrne asked if the HRA would review the matter before the City Council. Mr. Hickok said the HRA had been apprised of this matter. Essentially the actions were before Council and would come back in the form of a public hearing. Councilmember Billings said the districts that were listed were existing districts already in place but changes in wording and legal changes to the districts were being made to satisfy the new legislative requirements. Mr. Hickok agreed. No other persons in the audience spoke regarding the consent agenda items. MOTION by Councilmember Barnette to approve the proposed consent agenda with the removal of Item No. 3. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 13, 2003 PAGE 5 ADOPTION OF AGENDA: MOTION by Councilmember Billings to adopt with agenda w-ith the addition of Item 3. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTItiG AYE, MAYOR LL'�iD DECLARED THE MOTION CARRIED UNANI�IOUSLY. OPEN FORUM: Ms. Donna Bahls, 7514 Alden Way N.E., invited everyone to the first annual spaghetti dinner and silent auction on Saturday, November 1�, 2003, at St. Philip's Lutheran Church. Tickets - were $10.00 per person and the proceeds from the event would go toward the Save Springbrook Fund. Mr. Tim Byrne, 6053 Woody Lane N.E., spoke about zoning changes to a neighborhood in the eastern portion of the City. He submitted a letter that addressed his concerns. He became aware of plans for a major redevelopment project near the intersection of Mississippi and Central Avenue near Sandee's Restaurant. He said that none of the neighbors knew of the development. A public hearing scheduled for October 1, 2003, before the Planning Commission, but it was delayed because there were problems at the County level. Councilmember Billings asked what the procedure was for notification about a project, who was notified, and the timeframe. Mr. Hickok, Community Development Director, said the west side of the project was moving quicker than the east side. The petitioner did submit an application but it was incomplete because of two County issues. The items were on the agenda for an upcoming Planning Commission meeting and would then go before the City Council. When the hearing was set properties within 350 feet of the affected property would be notified. Councilmember Barnette asked if some residents in the area had been approached by the developer and asked if they would be willing to sell their homes. Mr. Hickok said they had spoken with some residents. NEW BUSINESS: 3. VARIANCE REQUEST, VAR #03-16, BY BOB'S PRODUCE RANCH, TO REDUCE THE SETBACK OF A FREE-STANDING SIGN, GENERALLY LOCATED AT 7620 UNIVERSITY AVENUE N.E. (WARD 3). Councilmember Billings said the Appeals Commission recommended denial of this item. He asked what had changed. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 13, 2003 PAGE 6 Mr. Scott Hickok, Community Development Director, said that changes were made in the application. The petitioner reduced the sign to a two-sided sign. They also determined that there was not another location for the sign on the property and that there was a hardship. He stated that paper signs �vould also no longer be allowed at the site. MOTION by Councilmember Billings to approve Variance Request, VAR #03-16, by Bob's Produce Ranch to reduce the setback of a free-standing sign from a property line from 10' to 5' and from a driveway from 10' to 4' subject to the following five stipulations: 1. All the temporary signs located on the property shall be removed immediately and this property shall be subject to the sign code standards for temporary signs; 2. Sign to be reduced to a 2-sided sign to comply with current sign code requirements; 3. No additional pylon signs are allowed on this site; 4. The City is relieved from all liability caused by the sign being located in its proposed position, only 5 feet from the property line and 4 feet from a driveway; 5. This variance shall remain in effect unless any of the following occur: A. The sign is altered in any way, except for routine maintenance and change of inessages which makes the sign less in compliance with requirements; B. The supporting structure of the sign was replaced or remodeled; C. The face of the sign is replaced or remodeled; D. The sign becomes dilapidated or damaged and the cost of bringing it into compliance is more than 50 percent of the value of the sign, at which time a11 of the sign and its structure shall be removed; E. Notwithstanding subparagraph A above, upon the change of the name of the business being displayed on this sign. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED. PUBLIC HEARINGS: 11. CONSIDERATION OF THE ASSESSMENT FOR THE 2003 NUISANCE ABATEMENT PROJECT. MOTION by Councilmember Billings to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Barnette UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Rick Pribyl, Finance Director, said this item was an annual assessment for properties upon which the City had expended resources to clean up in accordance with the City Code. The first property was located at 6211 Sunrise Drive and a tree was removed. The cost of the tree removal was $1,164.85. The second property was located at 157 Hartman Circle which had a deck removed and disposed of. The cost of removal was $2,862.34. The third property was located at 5750 Madison Avenue. Debris was removed from the yard. The cost of removal was $2,249.81. Each property would be assessed over a one-yeaz period of time at an interest rate of 6.5 percent. He said there was a resolution on the agenda, but since it did not have the required 4/5 vote by the City Council, he recommended that it be tabled. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 13, 2003 PAGE 7 MOTION bv Councilmember Billings to receive a letter from Mr. David Ulrich, owner o€ the property at 1�7 Hartman Circle, and his attorney, Christopher J. Dietzen, Larkin, Hoffman, Daly & Lindgren, Ltd. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, NIAYOR LUND DECLARED THE 1VIOTION CARRIED UNANIMOUSLY. Mr. Christopher Dietzen said he was the attorney for Mr. David tllrich and Ms. Melaina Grover, the owners of the property at 1�7 Hartman Circle. He stated his clients were opposed to the special assessment because the City failed to follow the statutory procedure in the removal of the deck. It was wrongful, improper and in violation of his clients' constitutional rights. Under the special assessments law, there was no special benefit and no increase in the property value by an amount equal to or greater than the assessment. In fact, by wrongfully removing the deck, it reduced the value and resulted in a taking without just compensation. When his client bought the property in 1974 there was a deck there. He said there had always been a deck and the City knew there was a deck there. Mr. Ulrich repaired and rebuilt the structure around 1996. There was never a time when there was no deck there. It was a legal non-conforming use in 1974. Mr. Dietzen said that in September, 2002, the City went on Mr. Ulrich's property without consent. In October, 2002, the City sent a letter saying the deck was illegal and it needed to be removed or the City would commence the process to abate the violation. On November 8, 2003, Mr. Ulrich brought in an application for a variance and met with City staf£ He asked if there was anything else he needed to fill out. He completed the application form, drew a picture of the lot and the approximate dimensions and paid the fee. At that time, he thought the application was complete. On November 14, the City said the application was incomplete. Under Minnesota Chapter 1599 if the City did not act to deny it within 60 days, it was approved. Instead of acting on a variance, the City said he had not sent an application by November 8. The City did not hold a hearing on the abatement and did not send Mr. Ulrich notice of any such proceeding. Instead, without Mr. Ulrich's consent, they removed the deck. Mr. Dietzen said the City's first violation was that under its special assessment proceeding, the City had an obligation to comply with Minnesota Chapter 429 and in particular needed to show that there was an improvement, a special benefit, and that there was an increase in value with the removal and the City did not. - Under the City's ordinance, it was necessar3� to go through a procedure to abate a nuisance, and they did not do that. The second violation was that the City did not comply with the most minimum procedural requirements such as identifying the area to be assessed and identifying the improvement. 'The City removed the deck without complying with the law. The deck had been there as a non-conforming use for over 30 years and under Minnesota Statute 462, it had the right to remain. Third, the variance application was timely and complete, and because the City failed to act on it, it was deemed approved. Beyond the statutory procedural problems and the improper removal of the deck, the City could show no special benefit. The City had to show that the property value would increase in an amount equal to or greater than the proposed assessment of $3,800. He said they had asked for but not seen an appraisal from the City. For those reasons they opposed the special assessment. The law was clear that there was no legal basis for the City to adopt a special assessment. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 13, 2003 PAGE 8 Councilmember Billings asked if all the facts relative to the construction and use of the deck had been presented in terms of timelines and non-conforming use. He asked if Mr. Dietzen had received a response to his letter of May 27, 2003. Mr. Dietzen said he had. Councilmember Billings asked if more than 50 percent of the deck had been removed in the process of reconstructing it. Mr. Dietzen said not at any one point in time. Councilmember Billings asked if his client had received a building permit for the construction of the deck prior to beginning the reconstruction on the deck. Mr. Dietzen said that according to Mr. Knaak, there was no building permit applied for in the timeframe Councilmember Billings talked about. He said that because it was a legal non- conforming use, there was no obligation to get a building permit to repair and maintain it. Councilmember Billings asked if the size of the deck increased in any way, shape or fashion. Mr. Dietzen said there were some changes in the nature of the structure, but it had always been in the same location. Originally in 1974 there were stairways, a patio platform structure and footings. In 1975, a larger deck structure was built over the footings and made part of the patio platform. In 1996 or 1997 the deck had deteriorated and to remedy it, Mr. Ulrich repaired and rebuilt the structure. Councilmember Billings asked if in the process of repairing and rebuilding the structure, it was done in accordance with the building code requirements for the City. Mr. Dietzen said he did not know. Councilmember Billings said if they had a building permit, there would be an answer because the building inspector would have been able to approve the plans and ascertain whether it was safe. He said he felt there was more to the story. Mr. Dietzen said that for the neazly 30 yeazs the deck had been in place, no one from the City told him the deck was unsafe and that it was not built in accordance with code. He hired a contractor who was aware of the code and built it in accordance with the code. He said City staff observed the work. Councilmember Billings asked Attorney Knaak if what City staff did was proper. Attorney Fritz Knaak, City Attorney, said it was. He said he provided an answer to Mr. Dietzen's letter and asked that it be entered into the record. He said the abatement procedure did not require that there be additional value established as a result of a service to a property to abate a nuisance. What it provided was that the City would get its costs reimbursed plus an additional FRIDLEY CITY COUNCIL MEETING OF OCTOBER 13, 2003 PAGE 9 25 percent to cover additional administrative costs associated with the abatement. It would be sent to the County as though it was a special assessment and would be added to the property tax. There was no separate requirement. He stated Statute 429 did provide an option to appeal the abatement. He said action could not be taken on this matter at this meeting. It would have to be continued because they did not have the requisite number of votes. Mayor Lund asked if Mr. Hickok felt there �vas any violation or any lack of due process. Mr. Scott Hickok, Community Development Director, said he did not. Mayor Lund asked the City Attorney if the City was within its rights to look at the abatement procedure. Mr. Knaak, said they were but suggested that they should receive his letter into the record. MOTION by Councilmember Billings to receive the letter dated June 23, 2003, from Mr. Frederic W. Knaak to Mr. Christopher Dietzen. He said it was a five-page letter with two facsimile cover sheets. Seconded by Councilmember Barnette. Mr. Dietzen objected and said it was not proper under Statute 429 which was what governed this procedure. He said 429.061 set forth the procedure that should be followed. Their view was that the proceedings had not been fair and the record was not complete and the letter should not be part of the record. Mr. Knaak said the objection could be noted in the record. He said it responded to the letter that was introduced into evidence and the City had the right to have rebuttal evidence in the record. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Dietzen asked that the public hearing be continued and they be given an opportunity to further respond to Mr. Knaak's letter. Attorney Knaak said that would be fair and appropriate. He advised to continue the hearing, preferably for a date certain. Councilmember Billings asked Mr. Dietzen if he had received the letter from Mr. Knaak dated June 23, 2003. Mr. Dietzen said he had. Councilmember Billings said that it was more than a couple of weeks ago, and he thought that if there was something in that letter Mr. Dietzen had wanted to respond to, he would have responded by now. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 13, 2003 PAGE 10 Mr. Dietzen said that now that he knew the letter from the City Attorney was going into the record, he would like an opportunity to respond. MOTION by Mayor Lund to continue the public hearing until October 27, 2003. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 12. CONSIDERATION OF THE ASSESSNIENT FOR STREET IMPROVEMENT PROJECT NO. ST. 2002 — L MOTION by Councilmember Barnette to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Pribyl, Finance Director, said the public hearing was for the Street Improvernent Project 2002-1, which was in the Edgewater Garden neighborhood. The total assessed costs in this project were $109,897.52 and 94 properties were improved. It was assessed at $12.90 per front foot. The assessment was over a period of ten years at 6'/z percent interest. There was a resolution that for this matter that should be tabled until the next Council meeting. MOTION by Councilmember Billings to receive a memorandum dated October 13, 2003, from Donald Holien and Mary ReVoir (Holien). Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. John Toedter, 38 — 66`h Way N.E., said he received very little information from the City about the assessment, but after speaking with Mr. Pribyl realized the information was going to his former place of residence in Roseville. He was concerned though that there was very little contact with the public on the reasons for the assessment and the figures that were used: - Councilmember Billings asked when he purchased the property. Mr. Toedter said 1%2 years ago. Councilmember Billings said that approximately 2 years before a street project was started, staff prepared a matrix of everyone who was shown as the property owners of record. Notices were mailed out about the project. He said there was probably no tracking mechanism for changes in property ownership while the process was going on. Mr. Jon Haukaas, Public Works Director, said the for the 2002 street improvement project, the public hearings were held around November of 2001. That was the time that a property-specific FRIDLEY CITY COUNCIL MEETING OF OCTOBER 13, 2003 PAGE 11 letter was sent that discussed the proposed assessment, and at that time, it became a pending assessment. From that time through the construction of the project, there were no property- specific letters sent. Construction notices were typically handed out on the project. It was not until the time of the final assessment that the neYt property-specific notice was sent out. Mr. Pribyl said when the parcel-specific mailing was done regarding the final assessment, they made sure they had the fee owners who were listed on the County's tax records. Mayor Lund asked if that was the first notice Mr. Toedter received. Mr. Toedter said he was aware when he purchased the property that the former owners had paid off an assessment. The impression he had at that time was that the assessment was for the street improvement program. Councilmember Billings asked if there was any other project in the area of 66`� Way within the last five to seven years. Mr. Haukaas said there was an ongoing assessment for Locke Lake. Councilmember Billings said that the assessment paid at the closing was for something else or it was possible if there was a pending assessment at the time, that there may have been some money escrowed waiting for this assessment and once it did, the money could be released. He asked if staff would conduct some reseazch as to how they came up with the Roseville address and let Mr. Toedter know. He said Mr. Toedter was being charged only for the curb and gutter that was in front of his house. Attorney Fritz Knaak, City Attorney, said the statute expressly stated that the fact that an individual did not receive a mailed notice did not in any way modify or change the validity of the underlying notice of proceedings. He said the notice that mattered was the notice that was published. Mr. Haukaas asked if they should respond to the letter on 47 Rice Creek Way. Councilmember Billings said they received a letter from the property owners of 47 Rice Creek Way that indicated that they objected to the assessment and to paying for the assessment because during the construction project, they had some water damage. It appeared from their - letter that the contractor covered up a catch basin and the water had no where to go other than in their yard and in their home. They objected to paying far any assessment until such time as they were compensated for their damages either by the contractor or by the City. Mayor Lund said there were two issues. They still owed the assessment and the issue regarding damages should be taken care of. Mr. Haukaas said the incident referred to was a 1%z-inch heavy, intense quick storm. The catch basins were not filled. They had protection around them to prevent sediment from the project from going into the river. With that quick of a duration storm, water would back up quickly. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 13, 2003 PAGE 12 They did send someone to the home after the homeowners canned and a hole was cut through the protection to try to drain the water. They did meet with the homeowner and saw that there was some water damage and mud stains on the carpet. At that time they offered to have Service Nlaster clean the area, and the offer was refused. The letter claimed that the City knew there �vas a problem because two new sewers with backup systems were put in. He said they were updating the eYisting storm sewer system. MOTION by Councilmember Billings to close the public hearing. Seconded by Councilmember Barnette. _ UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED iTivANIMOUSLY. NEW BUSINESS: 13. RESOLUTION ADOPTING THE ASSESSMENT FOR THE 2003 NUISANCE ABATEMENT. MOTION by Mayor Lund to table this resolution until the Council meeting on October 27, 2003. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 14. RESOLUTION ADOPTING THE ASSESSMENT FOR THE 2002 STREET IMPROVEMENT PROJECT NO. ST. 2002 – L MOTION by Mayor Lund to table this resolution until the Council meeting on October 27, 2003. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 15. CONSIDERATION OF A HOTEL/MOTEL LICENSE REQUEST BY WAYNE RIXMANN FOR LIVINN SUITES, GENERALLY LOCATED AT -5201 CENTRAL AVENUE N.E. (WARD 1). Mr. David Sallman, Public Safety Director, said when a business required licensing, an application was submitted and reviewed by various departments in the City. During their investigation, they discovered the licensee had a LivINN Suites in Maplewood. They received the police calls for the nine months the hotel had been a LivINN and the nine months prior, when the hotel was a Suger 8 Motel. During the nine months prior, there were thirty-one calls for service. Most of those calls were service oriented—opening car doors and medicals. In the nine months after it became LivINN Suites, there were 163 calls for service; 96 of which would fall under the category of crime, including drugs, assaults, disorderly conduct calls, etc. He said staff recommended denial of the license. FRIDLEY CITY COUNCIL NIEETING OF OCTOBER 13, 2003 PAGE 13 Councilmember Billings asked �vhen the applicant started doing business. v1r. Sallman said he thought the sign had been changed around July 1. Councilmember Billings asked �vhen they first applied for a license. Mr. Pribyl said the date on the license application was August 27. Mr. Timothy Welch of Leonard, Street & Deinard, said the property was purchased at the end of July. In the process, it was determined that a license was necessary. One of the principals of LivINN Suites had been in the multi-family rental business for 30 years and had not e:cperienced the problems he had at the Fridley location. He said they prepared a program they thought would fix the problem, but it would take some time for the changes to take place. He said a couple of weeks ago, they started conducting criminal and credit checks on long-term residents who stay for more than one week. They require payment by credit card with a photograph identification. A policy has been instituted of two persons per room. He said they realized that there would be some instances of emergencies in which the policy could not be followed. In the Fridley LivINN Suites they installed 22 video cameras that monitor the property. The cameras are monitored twenty-four hours a day at the main desk and then monitored during the day and otherwise intermittently at the headquarters of Rixmann Companies in Burnsville. He stated that there were about 100 units. Twenty percent of the units were reserved for overnight guests and eighty percent for weekly and extended stay guests. They have instituted a policy with respect to overnight guests that no more than 10 units can be blocked out. He said they were committed to working with the Police Department. They hired a professional security service and they are on 24-hour call. On weekends they do walk-throughs. They have been instructed to work with the Director of Public Safety and his department in determining when they should contact the Police Department and what they could handle themselves. He said he thought the screening would make the largest difference during the next couple of months. Councilmember Barnette asked if the restaurant was open. Mr. Welch said it was used as a banquet facility. It was not a restaurant. Councilmer�ber Billings asked if they closed on the property in late July. Mr. Welch said they did. Councilmember Billings asked when the new LivINN Suites sign went up. Mr. Welch said they closed on the 21S` of July, so it would have been in the following two weeks. Councilmember Billings asked if they had licenses in Maplewood and Burnsville. Mr. Welch said they had a license in Maplewood. Burnsville did not require a license. Councilmember Billings asked why they did not have all the approvals in place. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 13, 2003 PAGE 14 Mr. Welch said it should have been handled as part of the closing, but it was overlooked. He took responsibility for that. Councilmember Billings asked about the problems they were currently having in Maplewood and how many of the items addressed in the memo of October 10 had actually been initiated in Maplewood. Mr. Welch said all of the items. Councilmember Billings asked when they were initiated in Maplewood. Mr. Welch said at varying times. The security service started last week. The camera systems had been up a couple of weeks. Over the past couple of weeks they had commenced with the criminal and credit checks. Councilmember Billings asked what kind of police calls they had during the last two weeks. Mr. Welch said he did not have a list. Councilmember Billings asked if Mr. Welch or someone from management could give a candid evaluation that they were significantly less, slightly less, significantly more, slightly more or about the same as they were before. Mr. Welch said they were slightly less because they had a population who rented long-term. Councilmember Billings said they indicated they hired a security company that had a 15 minute or less response time. He said the Fridley Police Department had a response time of under 5 minutes and even then a situation might be out of control. He asked if it was a lot of responsibility for the desk clerk or check in person to have. Mr. Welch said it was not a case of simply trying to eliminate the appearance of their problems by avoiding police calls. To the extent that an incident involved sometlung that was reportable or investigatable, their first call should be to the police. The security company should be able to handle a number of the more nuisance style calls. - - - Councilmember Billings said he would like to see some type of written policy statement that clearly defined when the police would be called and when the security service would be called. He would like to see stipulations directly related to the license. The City would issue a license for six months and if at the end of the six months everything was reasonable, a license could be issued. If things were not reasonable, they would have to be evaluated and the license would have to be suspended or additional stipulations provided. Mr. Welch said that was reasonable. He said Mr. Ri�nann intended to have the properties under control and was more than agreeable to having the stipulations they presented in place over the next six months or one year. If it turned out that they eliminated the problem, they would come back at the next licensing and discuss whether or not some of them might be eliminated. In FRIDLEY CITY COUNCIL NTEETING OF OCTOBER 13, 2003 PAGE 1� terms of a policy statement or direction to their desk clerks, they would be more than willing to draft some languaQe. He said it was important to have an agreement about the guidelines. Councilmember Billings asked �1r. Sallman for his response. Mr. Sallman asked if they would be issued a license for siY months or if it would be held for siY months. Councilmember Billings said it was up to the Council, but he would suggest that some type of temporary license be issued, whether it was a one-year license with a review at six months or a temporary license and that Mr. Sallman and the property owners come up with some stipulations. Mr. Sallman said he would have no problem in working with them. Mayor Lund said that the only way he would consider a license was if they had night-time security on-site at least during the interim period with a review after that. He was also concerned that this was not the first time they purchased this type of property and a license was required in at least one of the other communities. He said the City only found out about the change in business because the sign changed. Councilmember Barnette asked who their actual clientele was and if they ever got involved with a county in placing a family or individuals at the hotel for a given period of time. He also asked if the City could grant a temporary license for four months. Mr. Welch said they have committed to doing the stipulations. With respect to the night-time security, he suggested that they initially do it on the weekends or on Friday and Saturday nights, from about 9:00 p.m. until 3:00 a.m. With respect to whether they considered placement by County Services, he said that was not the case. In terms of the profile of the persons staying at hotel, at this point in terms of a specific profile, he could not tell them. He said everyone who stayed there would have to have and use a credit card in order to pay for the rooms. Councilmember Barnette asked the City Attorney if it was permissible to issue a temporary license. Mr. Fritz Knaak, City Attorney, said in the past when there was unusual circumstances, what the City had done with other kinds of licenses was to issue a temporary license pending a continued hearing. One option that was discussed was giving the license and having a review. He said a review was a different process and involved a different standard of proof under the City's ordinances. He said they could continue this hearing on the license for four months but authorize them to conduct business under certain stipulations. He stated that it was not a state licensure. It came under the City's ordinances and they did have some discretion in how it was enforced. They were authorized to look at business practices in other jurisdictions to reach a deternunation if there would be an adverse impact on the health, welfare and safety on the citizens of the City. They were entitled to an ongoing investigation or to request additional information as part of the process. It would be entirely appropriate to continue the:hearing. However it was an ongoing business. It was a factor Council considered in another matter. Under those circumstances, FRIDLEY CITY COUNCIL MEETING OF OCTOBER 13, 2003 PAGE 16 rather than shut the business down, they chose to identify a finite period of time during which the review would occur and see how things went. At the end of that period of time, they could hold the hearing and determine whether to continue the matter or grant or not grant the license. He said they could continue the hearing for four months, �ranting a temporary license to allow them to continue to operate a hotel business subject to stipulations and conditions that the City Council wished to impose. They could suggest that there be ongoing discussions with Public Safety to reach an agreement. Councilmember Billings asked about the catering restaurant and if they were having problems with the guests at some of the functions. Mr. Welch said they instituted a maximum reservation block of ten rooms on the theory that it would make it more difficult for there to be a large infl� of people. He said the Police Chief had indicated that they had never had any problems with the business in the past. Councilmember Billings said that they had not had a lot of problems in the past and wondered why they thought it was important to make a change. Mr. Welch said it was his understanding that there had been some issues over the past few weeks. Councilmember Billings said he would like to see another stipulation added that they stay current with any state and local sales taYes and/or room taxes. Mayor Lund asked if security on the premises on Friday and Saturday nights from 9:00 p.m. to 3:00 a.m. was adequate. Mr. Sallman said the best way to determine that was after the fact. He trusted they knew how to run a successful motel operation. Whenever this was reviewed again, if the Police Department had the same information about the operation in Maplewood and said it happened in Fridley, too, then whatever they proposed did not work out very well. That was how he preferred to judge it. Councilmember Billings asked Mr. Sallman if what he was saying was that the City should not be specifying to the applicant what hours they have full-time security there, but that they needed to have adequate security on the premise. If at the end of the first week they determined that they needed someone 24/7, then that was what they would have to do. Mr. Sallman said that would be his suggestion. Councilmember Billings said there needed to be a reasonable enforcement presence, like trained personnel on site. Mr. Sallman said the question was when they would call the police. He said the City's position had always been that if a crime had been committed they needed to hear about it immediately, not three days later. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 13, 2003 PAGE 17 Mayor Lund said that instead of defining the hours of security, which to him was very important, he would let them make the determination. Mr. Welch said the direction from his client was that he wanted this type of behavior eliminated at the property. To the extent that a time period was decided, they could tell Council what they were going to do, if it made sense to Council to let them do whatever they needed to in order to make it work. He said they would be calling the Police Department and had been given the name of someone to talk to. It was important to them that the Police handle police matters. It was really a matter of getting the right profiled residents. Councilmember Billings said they were not talking about a particular class of people as much as they were talking about behavioral issues. There was a discussion between Councilmember Billings and Councilmember Barnette on the temporary date for the license. It was determined that Mazch 29 was an acceptable date. Councilmember Billings said he would try to interpret the recommendation of the City Attorney correctly. They would not issue a license but request that the applicant pay the license fee and continue the matter until March 29, 2004, unless the Director of Public Safety determined that it needed to be brought back to Council sooner. Mr. Knaak said the purpose was to establish a record and to make sure 1599 was followed. It could be a statement on the record in which the applicant would agree to permit the City to continue the hearing for that period of time. Mr. Welch said it was his understanding the City would grant his client the right to continue operations until March 29 and then review the activities at the property. If they had not made significant progress in meeting the requirements of the City by that time, the City would have the right to terminate the license. Councilmember Billings said that if City stafF determined sometime prior to March 29 that there was an urgent need to review the matter, the City would do that. NIr. Welch said they expected that the City had that right under any license. He said they did not see any problem going further. Councilmember Billings asked the City Attorney about the wording for the motion. Attorney Knaak said they needed to move to table consideration of the approval of the license subject to an authorization that they continue to operate in business as a hotel until March 29, at which time this would be an action item, subject further to their compliance with the stipulations already stated by correspondence and any further reasonable stipulations that were reached in any discussions they had with the Public Safety Department. Councilmember Billings asked if they needed to include language that they could be called in at any time before that date. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 13, 2003 PAGE 18 Attorney Knaak said at any time. Councilmember Billings said that the attorney for the applicant indicated that they agreed. MOTION by Councilmember Billings that the action item currently before them be tabled to March 29, 2004, subject to the two following conditions: 1. That the applicant will be permitted in the meantime to continue its business of operating a hotel, in essence being granted a temporary or provisional license; and, 2. That the operation would be subject to the stipulations that have already been stated and any other additional reasonable conditions as may be imposed after discussions with the Public Safety Department. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 16. INFORMAL STATUS REPORTS. Councilmember Barnette said that the Call on the Council cable show would be on Tuesday, October 14, at 6:00 p.m. Mayor Lund said the Springbrook Nature Center would be holding Pumpkin Night in the Park on Saturday, October 25, 2003. ADJOURNMENT: MOTION by Councilmember Barnette to adjourn the meeting. Seconded by Mayor Lund. UPON A VOICE VOTE, ALL AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING WAS ADJOURNED. Respectfully submitted, Roberta S. Collins Scatt J. Lund _ Secretary Mayor � 0 CITY OF FRIDLEY PLANNING COMMISSION MINUTES OCTOBER 15, 2003 CALL TO ORDER: Chairperson Savage calied the October 15, 20Q3, Pianning Commission meeting to order at 7:30 p.m. ROLL CALL: Members Present: Diane Savage, Dave Kondrick, Larry Kuechle, LeRoy Oquist, Brad Dunham Members Absent: Dean Saba, Barb Johns Others Present: Stacy Stromberg, Planner Mark Hansen, Mohagen/Hansen Architectural Group Sonia Feinberg, Columbia Park Medical Group Michael Juaire, 9814 Pin Oak Ave, Brooklyn Park David A. Cohen, Coldwell Banker Burnet Leanne & Matt Prater, 1215 Norton Ave NE Cindy Mabel, 1214 No�ton Ave NE Pam Reynolds, 1241 Norton Ave NE APPROVE PLANNING COMMISSION MINUTES OF OCTOBER 1, 2CO3 MOTION made by Mr. Kondrick, seconded by Mr. Kuechle, to approve the October 1, 2003, minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING: Consideration of an S-2, Redevelopment District Project Plan Approval (Master Plan), MP #03-01, by Mohagen/Hansen Architectural Group, to amend the Master Plan for Columbia Park Medical Center Campus, to allow for future parking and building expansion, generally located at 6341 University Avenue NE MOTION made by Mr. Kondrick, seconded by Mr. Oquist, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 7:33 P.M. Ms. Stromberg stated that Mohagen/Hansen Architectural Group, on behalf of Columbia park Medical Group, is requesting an amendment to its Master Plan to allow for future parking and building expansions. Ms. Stromberg stated that in 1982, the subject property, the City Hall property, and the property north of City Hall were rezoned to S-2, Redevelopment District. As a result of that rezoning, the two-story medical clinic was constructed and exists that way today. 1 Planning Commission Meeting, October 1, 2003 Page 2 Ms. Stromberg stated the petitioner is proposing to redesign the parking lot in order to construct additional parking for the existing building and the building expansion. The current parking configuration involves land owned by both Columbia Park Medical Group and the City of Fridley. The petitioner is proposing to reduce the parking stall width from 10 feet to 9 feet to allow the construction of an additional 32 parking stalls. Redesigning the parkingiot will not only provide additional parking opportunities, but will also reduce the access points on Formies Avenue from three to two. Ms. Stromberg stated the petitioner is proposing to construct a two-story, 3,071 sq. ft. addition to the northwest side of the building. This addition will be used for a pharmacy, CT scan room, associated support space, and other clinic support services. The petitioner is also proposing to construct a two-story, 7,450 sq. ft. addition to the east side of the building, This addition will be used for additional clinic space to include exam rooms, dictation space, lab area, and other clinic support services. Ms. Stromberg stated the Housing & Redevelopment Authority (HRA) reviewed this conceptual plan at its October 2, 2003, meeting. The HRA does not have the authority to approve or deny this request, but was asked for its input as this project is within a redevelopment district. The HRA was supportive of this master plan amendment; however, the members did express concern about reducing the parking stall width from 10 feet to 9 feet. The HRA members would encourage the developer to consider reducing the stall width to 9 feet primarily for the employee parking areas. This concern has been conveyed to the Columbia Park representative. Ms. Stromberg stated City staff recommends approval of this Master Plan amendment with the following stipulations: 1. The petitioner shall provide a landscape plan for the complex prior to the issuance of a building permit. 2. The petitioner shall obtain all necessary building permits prior to construction. 3. The proposed additions shall be architecturally compatible with the existing building and finished with complementary building materials. Ms. Savage asked if Fridley has any 9-foot wide stalls. Ms. Stromberg stated, yes, there a�e. The City recently granted a variance to 9-foot wide stalls at Totino Grace High School, mainly based on the fact that the students park for the day and are not coming and going: Other variances to the 9-foot stall width were granted for the Medtronic campus and for Van-O-Lite for employees parking only. Ms. Savage asked what the representatives for Columbia Park Medical Group thought of the suggestion to use the 9-foot wide stalls primarily for employee parking. Ms. Sonia Funberg, representing Columbia Park Medical Group, stated she believed they could facilitate that, and that would still give them the additional parking that they need. Mr. Mark Hansen, Mohagen/Hansen Architects, also representing Columbia Park Medical Group, stated they were simply trying to simplify the circulation of the employee parking area and take out the concrete between the two parking lots. They had also planned to make 9-foot wide stalls on the east parking lot. The majority of people parking on this side are patients, but they were trying to reconfigure it so all the parking would be consistent at 9 feet. Based on the fact that there is some precedence because of Medtronic and Totino Grace High School, they thought it would be possible to do that. 2 Planning Commission Meetin October 1 2003 Paqe 3 Mr. Kuechle asked if the clinic needed all those parking spaces as they are way over what the code requires. Mr. Hansen stated they are well over the requirement, but there is also clinic space in the office building to the north. Because this is a Planned Unit Development, all the buildings share the same parking component. Although all the staff uses the parking lot on the west, they were trying to maximize the parking around the facility so the patrons could park closer to the building, rather than having to use the other parking lot at the office building across the street and having to cross the street. Ideally, they would like to have all the stalls 9 feet, especially with the additional building expansion. Mr. Kuechle asked what the parking stall count would be if there were 9-foot stalls for the employee parking lot only. Mr. Hansen stated he would have to fake a look at that to get an exact count. Mr. Kuechle asked if they would have adequate parking if it was done that way. Mr. Hansen stated he believed it would be doable. Everything to the west of the building would be 9 feet, and they would maintain 10 feet on the other side. They want to keep everything on the west side consistent, because any changing in the north/south direction from 9 to 10 feet would leave some odd stalls and some leftover space that can't be utilized. Ms. Savage asked if the Columbia Park Medical Group had any problems with the stipulations. Mr. Hansen stated they do not. MOTION by Mr. Oquist, seconded Mr. Kuechle, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY, AND THE PUBLIC HEARING CLOSED AT 7:55 P.M. Mr. Kondrick stated he had no problems with the Master Plan amendment. He stated the Columbia Park Medical Group has been a very good neighbor. He believed they are doing a good job in making the building more useful and as aesthetically pleasing as it is now. His only concern is the parking stall widths, and he would be in favor of 9-foot wide stalls for the employees only and 10-foot wide stalls for all other parking. MOTION by Mr. Kuechle, seconded by Mr. Kondrick, to recommend to City Council approval of the MP #03-01 by Mohagen/Hansen Architectural Group with the following stipulations: 1. The petitioner shall provide a landscape plan for the complex prior to the issuance of a building permit. 2. The petitioner shall obtain all necessary building permits prior to construction. 3. The proposed additions shall be architecturally compatible with the existing building and finished with complementary building materials. 4. The 9-foot wide stalls are to be used for employee parking only. All other parking stall widths will remain at 10 feet. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 3 Planning Commission Meeting October 1 2003 Page 4 Ms. Savage said this request will be heard by the City Councii on October 27, 2003 2. PUBLIC HEARING: Consideration of a Preliminary Plat, PS #03-07, by Michael Juaire, to construct a 4-unit town home development, generally located at 1215 Norton Avenue NE MOTION made by Mr. Kondrick, seconded by Mr. Oquist, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY, AND THE PUBLIC HEARING OPEN AT 8:00 P.M. Ms. Stromberg stated that Michael Juaire, PMJ Group is requesting to replat the property located at 1215 Norton Avenue to create five separate lots from part of Lot 5, Auditor's Subdivision #89, to construct an owner-occupied town home development. This is fourth plat request submitted by Michael Juaire for a town home development on Norton Avenue. Mr. Juaire has told staff that this will be the last plat request. Ms. Stromberg stated the property is zoned R-3, Multi-Family, as are all surrounding properties. The existing home and garage were constructed prior to 1949, and both of these structures need to be removed to accommodate the proposed town home development. Ms. Stromberg stated that City Code requires that lots in the R-3 zoning district have a minimum lot area of 15,000 sq. ft. for a four-unit dwelling. The subject property is 17,419 sq. ft. which exceeds the minimum requirement. The proposed town home development also meets all setback and lot coverage requirements. Ms. Stromberg stated that at past meetings, there has been some discussion from neighbors regarding the zoning of Norton Avenue. The Norton Avenue block was rezoned from R-1, Single Family, to R-3, Multi-Family, on August 19, 1963. A public hearing was held at the June 13, 1963, Planning Commission meeting and was continued to the June 27, 2003, Planning Commission in order to deliver notices to the neighborhood. At the June 27, 2003, Planning Commission meeting, no one opposed the rezoning, and the rezoning request was approved by the City Council on August 19, 1963. Ms. Stromberg stated that it appears from past zoning decisions that the vision of the City Council was to allow higher densiry in this area. Mr. Juaire's requests are bringing the neighborhood closer to that vision. Mr. George Norton, the petitioner for the 1963 rezoning request, stated at the June 13, 1963, public hearing that this was the only remaining residential portion in the area, and he wanted to rezone it to obtain the full value of the property. Ms. Stromberg stated the Comprehensive Plan designates the 2020 future land use of this area as redevelopment. Redevelopment is described in the Comprehensive Plan as a form of community revitalization that transforms undesirable elements into desirable elemen#s #hat reflect the community's collective vision. The purposes of redevelopment are to remove older blighted structures and to provide the opportunity for more efficient land uses and elimina#e ine�cient land uses and under-utilized parcels. Ms. Stromberg stated the Norton Avenue block is categorized under Redevelopment Area #1 in the Comprehensive Plan which also includes the salvage yards. It states: "The multiple family properties located along Norton Avenue may be eligible for rental rehabilitation programs. The 0 Planning Commission Meeting, October 1, 2003 Page 5 City should also pursue aggressive code enforcement to assist in eliminating any negative images resulting from illegal outdoor storage or other code enforcement problems. The redevelopment section for this area does not specify that this area should be used for anything other than multi-family. Ms. Stromberg stated that construction hours are 7:00 a.m. to 9:00 p.m. Monday through Friday and 9:00 a.m. through 9:00 p.m. on Saturdays and legal holidays. Construction is not allowed on Sundays. Mr. Juaire and a sheetrock contractor have been issued a citation for violating the construction hours, and additional citations will be issued if this law is violated again. Ms. Stromberg stated staff recommends approval of the plat request with the following stipulations as it provides additional housing opportunities: 1. The final landscape plan shall meet code requirements for number of and size of plantings and be reviewed and approved by Ciry staff prior to issuance of a building permit. 2. All landscaped areas shall have irrigation installed. 3. Brick type and application on elevations and other external building materials shall be reviewed and approved by City staff prior to issuance of a building permit. 4. Columns shown on all elevations of the building plans shall be constructed using brick. 5. Shakes down on the front and rear elevations shall be wrapped around to the right and left elevations for a consistent four-sided appearance. 6. For architectural consistency, all windows on front elevations shall have shutters installed. 7. A grading and drainage plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. 8. A utility plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. 9. Individual services will be required for each unit. 10. A 12-foot utility and drainage easement shall be granted along the entire northern edge of the property p�ior to final plat. 11. All elements of the building shall meet the current building code and be approved by the City Building Official. 12. The petitioner shall pay the applicable park dedication fee of $1,500 per unit prior to the issuance of any building permits. 13. The petitioner shall provide proof that any existing wells or. individual sewage treatment systems located on the site are propedy capped or removed. 14. A Development Agreement outlining the Developer's obligation to install utilities, etc., will be prepared by the City and shall be signed by the petitioner prior to fin�l plat approval. Mr. Michael Juaire, PMJ Group, Inc., stated this is the last of the town home projects on Norton Avenue. He stated that all of the units will be owned on Norton Avenue. These town homes will be owned from the very beginning. The prior units will be owned after a five year rental period: They are rent-to-own units. Mr. Kondrick asked Mr. Juaire if he had any problems with the stipulations. Mr. Juaire stated he had no problems with the stipulations. Mr. Kondrick cautioned Mr. Juaire to be careful and adhere to the construction hours. 5 - Planning Commission Meeting, October 1, 2003 Page 6 Ms. Savage stated it is very important, especially for the neighbors. Mr. Juaire stated he understood and has notified his contractors. Ms. Cindy Mabel, 1214 Norton Avenue, directly across the street from 1215 Norton Avenue, stated she has lived here for 32 years. What has made this progression of town houses bearable for her is that, visually, they do a lot of good for the neighborhood. Before this all started last February, they had 10 single family houses, 11 duplexes, and one 8-plex on Norton Avenue. Since last February, they have gone from 10 houses to 4 houses. There are now 18 town houses on this street and 4 houses. This proposal is to take out another house, leaving three houses. The Comprehensive Plan tells her that they will preserve the character of her neighborhood. The character of her neighborhood is like Mounds View—big lots, modest houses, set back on the lots with lots of trees. All these trees are coming down. It is tragic the number of trees that have come down for these developments. Ms. Mabel stated It has been very, very difficult on the neighborhood during the construction process since February. They have lost power a couple of times, have had their water shut off, lost phone service for four days, etc. It sounds like Mr. Juaire has only had one citation for what he has done, but there have been many, many violations. There have been many, many phone calls to the Police Department. People should not have to live like this. He already has 18 town houses. Why four more? The last house is a nice house. It is more affordable living than one of the town houses Mr. Juaire is building. Ms. Mabel stated that in the years 1999 and 2000, the City Council commissioned the Comprehensive Plan to be written. She understands now that at that time, her neighborhood (Norton Avenue) was designated #1 for redevelopment. Since that time, in 2000, she put an expensive roof on her house, rewired her house, upgraded the circuit breakers, and spent over $6,000 on a high efficiency furnace/air conditioner. Why wasn't she notified that her house was going to be placed in this "redevelopment" category. Since she learned about the latest town house proposal, she has talked to an attorney. The attorney agrees that the neighborhood should have been notified of this "redevelopment" category. She would never have spent $12,000 upgrading her properry if she had known this was going to happen this year. Ms. Mabel stated that when 1215 Norton goes down, all she is going to see is a"sea" of garages, because all the town houses have garages in front with cars. She has a very nice house, and she has worked very hard to keep it nice. With only three houses on the street and all these town houses, she is going to have a hard time finding a buyer when it is time to sell. She is a single person, and this is her nest egg. She hoped that the Planning Commission was more than just about money, that they do show some compassion for the individual in this City. She feels very sad for the people along Mississippi Street and Old Central, and she hoped that the City is notifying those neighborhoods about the proposed senior housing so they are not putting money into their homes thinking that it is a good investment and that the neighborhood is not going to be deteriorating as a result. She thanked the Planning Commission members for listening to her. Ms. Pam Reynolds, 1241 Norton Avenue, stated she and her daughter at 1243 Norton own the property together so the duplex is owner-occupied. She stated they originally talked about the traffic on their street. In talking to Scott Hickok, Community Development Director, on one occasion, he told them they have no more traffic on their street than any other street. While the construction has been going on, they have had large vehicles, dump trucks, dump trucks pulling trailers, large delivery vehicles, multiple vehicles that belong to construction employees, vans, � Planning Commission Meeting, October 1, 2003 Page 7 pickup trucks, etc. She did not think that was normal traffic for a street. Granted, part of that will go away when the construction is done. However, with 18 current units, even with only two cars per unit, that adds 36 additional cars to this street. Most of those units will have three vehicles due to the rent amount. Ms. Reynolds stated there were stipulations regarding the retention pond on the first property. Mr. Juaire had asked permission to put a fence around it. Staff felt it should be just landscaped. She stated the pond is extremely deep, and she is concerned with the number of children on the street. The second addition at 1163 is using a rain garden affect which she is not familiar with. She is also concerned about two very large propane tanks hooked up at 1275. Ms. Reynolds stated Mr. Juaire has said he sent a fax to his employees on September 12, 2003, explaining all the rules to them. She said some of those employees must not be able to read, because on Saturday, September 13, it became necessary for her to call the police, because construction was started at 6:15 a.m. The police officer went to the job site, and one of the subcontractors told the police officer that he was °new" to the project. The Sunday construction started on September 28. Again, the police were called. It shouldn't be her job to police this construction. She believes it is the responsibility of the City to make sure these contractors are not in violation of code. She stated she is a little disheartened if Mr. Juaire has only received one citation, because there have been several violations of not only City codes, but also violations of State law. Ms. Reynolds stated she has been doing some research on the Comprehensive Plan, and she looked at the same statement made by Ms. Stromberg earfier. She believed what it was talking about was that the junk yards needed to be cleaned up, that this is the northern gateway, but it does not talk about tearing down houses. It is talking about rehabilitating homes and code enforcement. Ms. Reynolds stated that in looking over this information again, she found that the demographics in the Comprehensive Plan don't come anywhere close to what the U.S. Census Bureau says for 1990 and 2000. The Census Bureau shows a drop in population in Fridley between 1990 and 2000. It doesn't show the numbers that would justify these kinds of developments. It is now too late for Norton Avenue, but she hoped the City takes a closer look at the rezoning of S-2 to accommodate the Town Center development on Mississippi Street and Old Central, even though that is senior housing. She believed there is a lot of misinformation in the Comprehensive Plan, including what the City's forefathers thought would be good for Norton Avenue. Mr. Matt Prater stated he is currently the owner of the property at 1215 Norton Avenue. The property is zoned R-3. The nearest R-1 zoning is a quarter mile away. He has apartments behind him, a duplex to one side, and the other side is now town homes where before it was a single family home that was in great disrepair. His home is about 55 years old. It started out as a cabin with extensions added over the years. Basically, he feels the new town homes are good for the neighborhood. They look fantastic and are built better than his house. If he cannot sell his house for what it is zoned for, how can he sell it? He did not see it as a bad thing for the area. It is bringing up property values. Ms. Leanne Prater, 1215 Norton Avenue, stated the new town homes are beautiful. She was also skeptical when this new development started. But now, looking at the final product, the street looks a lot better than it did before. It has brought a new clientele to the neighborhood which is a good thing for Fridley. 7 - Planning Commission Meeting October 1 2003 Page 8 Ms. Cindy Mabel, 1214 No�ton Avenue, stated she has spent time in the last few weeks looking at houses in Fridley and learning prices of what the houses are worth in Fridley. The Praters would have no trouble selling their house to someone else. She truly feels she is taking a huge hit by that house going down. Mr. Kuechle asked if the people who owned the properry at 1215 Norton Avenue wanted to tear the house down and rebuild a single family home, would that be allowed? Ms. Stromberg stated, yes, it would. MOTION by Mr. Kondrick, seconded by Mr. Oquist, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY, AND THE PUBLIC HEARING CLOSED AT 8:27 P.M. Ms. Savage stated the major point here is that the area was rezoned in 1963 to R-3, Multi- Family. She can understand the concerns of the people who might have not known that when they bought their houses. But, the reality is this is a multi-family area. Therefore, this redevelopment is permissible and encouraged. From what she can see, these are going to be very acceptable town homes which, as the Praters have said, would greatly improve the character of the street. She can understand the concern of those people who have had single family homes here for years and years, and that this new development is entirely changing the character of the neighborhood. But, as she said before, the reality is that this has been multi- family zoning since 1963. She can see no reason why the Planning Commission would deny -` � this request. She would recommend approval. �' Mr. Kuechle stated he agreed, even though he realized it is certainly causing some stress to the people in the neighborhood. It has been rezoned as R-3 for 40 years. The petitioner is meeting all the requirements, and, in good conscience, he could not vote no. Mr. Kondrick stated he recently drove down the street to look at the town homes that Mr. Juaire has already built, and he believed this new development will be another nice addition and an asset to the neighborhood. He would vote for approval. Mr. Oquist stated he agreed with what has been said. MOTION by Mr. Kondrick, seconded by Mr. Oquist, to recommend to City Council approval of Preliminary Plat, PS #03-07. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Savage stated this item will go to City Council on October 27. 2. RECEIVE THE MINUTES OF THE SEPTEMBER 4, 2003, HOUSING 8� REDEVELOPMENT AUTHORITY MEETING MOTION made by Mr. Kondrick, seconded by Mr. Oquist, to receive the September 4, 2003, Housing & Redevelopment Authority minutes. : Planning Commission Meetin , October 1 2003 Paqe 9 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. APPROVE 2004 PLANNING COMMISSION MEETING SCHEDULE: MOTION by Mr. Kuechle, seconded by Mr. Kondrick, to app�ove the 2004 Planning Commission meeting schedule. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. ADJOURNMENT MOTION by Mr. Kondrick, seconded by Mr. Oquist, to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE OCTOBER 15, 2003, PLANNING COMMISSION MEETING ADJOURNED AT 8:35 P.M. Respectfully submitted, � Lyn Saba Recording Secretary � / � � oF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF NOVEMBER 3, 2003 Date: October 29, 2003 ^ ��o To: William Burns, City Manager��(��- From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject: Final Plat, PS #03-07, Michael Juaire, PMJ Group, Inc. M-03-156 INTRODUCTION On October 15, 2003, the Planning Commission considered plat request PS #03-07, by _Michael Juaire, PMJ Group, Inc. Michael Juaire plans to replat the properties located at 1215 Norton Avenue to allow for the construction of a 4-unit town home development. City Staff and the Planning Commission recommend approval of plat request, PS #03-07, with 14 stipulations. At the October 27, 2003, City Council meeting, the preliminary plat was approved, with 14 stipulations. RECOMMENDATION City Staff and the Planning Commission recommend approval of PS #03-07. STIPULATIONS 1. The final landscape plan shall meet code requirements for number of and size of plantings and be reviewed and approved by City staff prior to issuance of a building permit. 2. All landscaped areas shalf have irrigation installed. 3. Brick type and application on elevations and other external building materials to be reviewed and approved by City staff prior to issuance of a building permit. 4. Columns shown on all elevations of the building plans shall be constructed using brick. 5. Shakes shown on the front and rear elevation shall be wrapped around to the right and left elevations for a consistent four-sided appearance. 6. For architectural consistency, all windows on front elevations shall have shutters installed. 10 7. A grading and drainage plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. 8. A utility plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. 9. Individual services will be required for each unit. 10. A 12-foot utility and drainage easement shall be granted along the entire northern edge of the property prior to final plat. 11. All elements of the buildirig shall meet the current building code and be approved by the City Building Official. 12. The petitioner shall pay applicable park dedication fee of $1,500 per unit prior to the issuance of any building permits. 13. The petitioner shall provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 14. A Development Agreement outlining the Developer's obligation to install utilities, etc., will be prepared by the City and shall be signed by the Petitioner, prior to final plat approvaL � 11 RESOLUTION NO. RESOLUTION APPROVING A PLAT, P.S. #03-07, NORTON MANOR FOURTH ADDITION, BY MICHAEL JUAIRE, PMJ GROUP, INC., FOR THE PURPOSE OF CONSTRUCTING A 4-UNIT TOWN HOME DEVELOPMENT, GENER.ALLY LOCATED AT 1215 NORTON AVENUE WHEREAS, the Planning Commission held a public hearing on October 15, 2003, and recommended approval of said plat; and WHEREAS, the City Council approved the preliminary plat for NORTON MANOR FOURTH ADDITION at their October 27, 2003, meeting, with stipulations attached as Exhibit A; and WHEREAS, a copy of the plat NORTON MANOR FOURTH ADDITION has been attached as Exhibit B. NOW, THEREFORE, BE IT RESOLVED, that the City Council approves the Final Plat for NORTON MANOR FOURTH ADDITION and directs the petitioner to record plat at Anoka County within six months of this approval or such approval shall be null and void. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 3RD DAY OF OCTOBER 2003. ATTEST: DEBRA A. SKOGEN - CITY CLERK 12 SCOTT LUND - MAYOR Page 2- Resolution -2003 - NORTON MANOR THIRD ADDITION EXHIBIT A STIPULATIONS 1. The final landscape plan shall meet code requirements for number of and size of plantings and be reviewed and approved by City staff prior to issuance of a building permit. y 2. All landscaped areas shall have irrigation installed. 3. Brick type and application on elevations and other external . building materials to be reviewed and approved by City staff prior to issuance of a building permit. 4. Columns shown on all elevations of the building plans shall be constructed using brick. 5. Shakes shown on the front and rear elevation shall be wrapped around to the right and left elevations for a consistent four- sided appearance. 6. For architectural consistency, all windows on front elevations sha11 have shutters installed. 7. A grading and drainage plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. 8. A utility plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. 9. Individual services will be required for each un'it. 10. A 12-foot utility and drainage easement shall be granted along the entire northern edge of the property prior to final plat. 11. All elements of the building shall meet the current building code and be approved by the City Building Official. 12. The petitioner shall pay applicable park dedication fee of $1,500 per unit prior to the issuance of any building permits. 13. The petitioner shall provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 14. A Development Agreement outlining the Developer's obligation to install utilities, etc., will be prepared by the City and shall be signed by the_Petitioner, prior to final plat approval. 13 . � C1TY OF FRIDLEY DATE TO: AGENDA ITEM CITY COUNCIL MEETING OF NOVEMBER 3, 2003 October 29, 2003 Wiiliam W. Burns, City Manager �� FROM: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner SUBJECT: Development Agreement for the Norton Manor Fourth Addition M-03-157 INTRODUCTION On October 15, 2003, the Planning Commission considered plat request PS #03-07, by Michael Juaire, PMJ Group, Inc. Michael Juaire plans to replat the properties located at 1215 Norton Avenue to allow for the construction of a 4-unit town home development. City Staff and the Planning Commission recommend approval of plat request, PS #03-07, with 14 stipulations. At the October 27, 2003, City Council meeting, the preliminary plat was approved, with 14 stipulations. To be consistent in the plat process, staff has prepared a development agreement for the Norton Manor Fourth Addition. That development agreement has been attached for your review and approvaL RECOMMENDATION Staff recommends approval of the enclosed development agreement as submitted. `�' DEVELOPMENT AGREEMENT THlS AGREEMENT, made this ______ day of ___�_^____, 2003, between the City of Fridley, acting through its Mayor and City Manager (hereinafter called the "City"), and Michael Juaire, (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: The east 130 feet of Lot 5, Auditor's Subdivision No. 89, Anoka County, Minnesota. (the "Subdivision"); and to be described as Norton Manor Fourth Addition WHEREAS, the City Council, by resolution # _, adopted __, 2003, granted Developer's plat request for a portion of the property to allow it to construct a four unit town home development on the subdivision on the condition that the subdivision is developed according to the final site plan that was approved by the City Council on , 2003, and in accordance with stipulations of approval incorporated herein by reference (See attached Exhibit B). NOW, THEREFORE, in consideration of the foregoing, it is hereby agreed as follows: 1. Improvements. Improvements shall include, but not be limited to the following: - " ♦ Concrete curb and gutter repair at driveway aprons ♦ Approved site grading and drainage plans ♦ Underground utilities for the 4 town 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 whale 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 15 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 the development. 2. Water and Sewer A water and sewer lateral fee assessment will not be applied to each lot, due to the fact that the original lots had paid lateral charges and the new development will require private utility installation from the existing laterals. (A) The Developer shall construct a sanitary sewer main line extension and stub water and sewer services to all lots as shown on the preliminary plat. These water and sewer services shall be inspected and must meet all City standards. 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 cut approved by the Public Works Department of the City. (B) The Developer shall provide a plan/profile drawing prepared by an engineer registered with the State of Minnesota for the sanitary sewer main line extension off Norton Avenue prior to construction for approval by City Engineering staff. 3. Gradinq, Erosion Control, and Tree Preservation Plans. The Developer 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 town homes. (B) All areas disturbed by the excavation and backfill operations shall be re-sodded forthwith after the completion of the work in that area. Except as otherwise 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 Rice Creek Watershed District, 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 16 fencing around them, which shall extend wherever possible to the tree drip line. No construction or grading work shall commence-until the Ciry staff has field inspected items (1) and (2) above. 4. Street Clean Up. At any time upon the request of City staff and after the construction is complete, the Developer shall 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 development is $6,000.00. (4 lots x $1,500.00 = $6,000.00). 7. Drainaqe Easement. The Developer shall provide the City with easements dedicated on the plat over 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 Ag�eement, 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. Attornevs' Fees. The Developer agrees to pay the City reasonabte attorneys' fees and costs incurred in the event of any lawsuit or action is commenced to enforce the terms of this agreement and to collect sums due by the City under the terms of this agreement. 17 14. Severabilitv. If any po�tion, 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 running 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. Assiqnabilitv. No duty or obligation of the Developer under this Agreement may be assigned in whole or part to any third party without the express written consent or waiver of by the City. SIGNED AND EXECUTED by the parties hereto on this day of , 2003 DEVELOPER By�----- ---------- Michael Juaire ATTEST: Debra A. Skogen, City Clerk : CITY OF FRIDLEY By�-------- Scott J. Lund, Mayor ~ EXHIBIT A- STIPULATIONS APPROVED BY FRIDLEY CITY COUNCIL 1. The final landscape plan shail meet code requirements for number of and size of plantings and be reviewed and approved by City staff prior to issuance of a building permit. 2. All landscaped areas shall have irrigation installed. 3. Brick type and application on elevations and other external building materials to be reviewed and approved by City staff prior to issuance of a building permit. 4. Columns shown on all elevations of the building plans shall be constructed using brick. 5. Shakes shown on the front and rear elevation shall be wrapped around to the right and left elevations for a consistent four-sided appearance. 6. For architectural consistency, all windows on front elevations shall have shutters installed. 7. A grading and drainage plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. 8. A utility plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. 9. Individual services will be required for each unit. 10. A 12-foot utility and drainage easement shall be granted along the entire northern edge of the property prior to final plat. 11. All elements of the building shall meet the current building code and be approved by the City Building O�cial. 12. The petitioner shall pay applicable park dedication fee of $1,500 per unit prior to the issuance of any building permits. 13. The petitioner shall provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 14. A Development Agreement outlining the Developer's obligation to install utilities, etc., will be prepared by the City and shall be signed by the Petitioner, prior to final plat approval. 19 EXHIBIT B- PLAT APPROVED BY COUNCIL 20 � ` GTY OF FRIDLEY TO: _ FROM: DATE: SUBJECT: AGENDA ITEM CITY COUNCIL MEETING OF NOVEMBER 3, 2003 t� William W. Burns, City Manager ��1� �� Jon H.�Taukaa.s, Public Works Director October 29, 2003 Approval of 2003 - 2004 Winter Snow Plan PW03-091 We held our annual snow season kickoff lunch on Thursday, October 23. We made sure a11 personnel were familiar with their required duties and answered any questions. Attached is the 2003 - 2004 Snow Removal Operations Policies and Procedures with maps. This document gives an overview of equipment, responsibilities, plowing and sanding policies, districts, emergency plan reference and the responsibilities of other jurisdictions. The other attachments include the FIL notice information that is updated during each snow event, the snowplow district and equipment assignments, Emergency Snow Removal Procedures policy, assignments and map and the Priorities on Sidewalk Plowing. There have been substantial changes to parts of the plan due to the elimination of contract snow plowing. We will be using additional full-time employees and older equipment which will limit our flexibility to cover other needs during snow emergencies. All of our Public Service workers have experience and we do not expect difficulties in that regazd. To ensure the City has a reasonably defensible snow removal plan, I recommend the City Council adopt this plan by motion for the 2003 - 2004 winter snow season. JHH:cz Attachments 21 SNOW REMOVAL OPERATIONS POLICIES AND PROCEDURES The Fridley Public Works Department is engaged in a continuing effort to provide improved snow removal services, and yet keep expenses in balance with the current budget appropriation. For street snow removal, the City currently deploys 20 pieces of equipment. Each of the 10 residential snowplow districts and the 2 industrial districts has a major piece of equipment dedicated to clearir�g snow from its roadways. These 12 major pieces of equipment are made up of 5 dump trucks with one-way plows and wing plows, 1 flatbed truck with a one-way plow, 1 dump truck and 2 pot patcher trucks with one-way plows and underbody plows, and 3 loaders with directional plows and wing plows. Six of these trucks are also equipped with sand spreade�s for use when ice and slippery conditions exist. There are 8 minor pieces of equipment are used to supplement the major equipment and to clear cul-de-sacs, dead end streets, improved alleys, municipal parking lots and concrete sidewalks. These 8 pieces are comprised of 6- 4x4 pickups, 1 1-ton 4x4 truck and 1 sidewalk plow/snowblower. The Public Works Director has overall responsibility for snow and ice control operations. The Street Supervisor has direct responsibility for supervising the day-to-day operations, such as determining when to call out manpower, equipment needs, ordering materials, etc. The Street Supervisor utilizes weather services and reports, police reports, citizen input and consults with the Director when necessary to determine when to initiate the snow plowing operation. Our policy is to begin snow removal operations after the snow storm has subsided, normally in the early morning hours. However, if the storm ends in late evening, the crews are called out in an attempt to clear redline collector routes by morning rush hour. If a storm is predicted to last unreasonably long, or heavy accumulations appear imminent, full snow plowing operations begin on the redline collector routes in the plowing districts when accumulations become hazardous for driving. Based on different storm situations and severity levels, the starting time frames are flexible. For blizzard or high wind storms, plowing does not commence until the storm subsides. For economy purposes, weekenct snow storms will be reviewed for impact and delay in starting times to minimize overtime costs. Whenever ice or slippery conditions develop, sanding crews are dispatched to the six sanding districts (see attachment A- Sanding Districts). Sand and salt mixtures are spread over ice or slippery areas. The sand provides an abrasive to help melt the ice. We are currently using straight salt in the Melody Manor, Rice Creek Plaza, Rice Creek Terrace, Sylvan Hills, Hyde Park, Christie and Florence Park neighborhoods. Salt is less effective below 20 degrees F, therefore, sand may be used to a limited degree in these areas if extreme cold follows an icing condition. The Public Works °on call" employee upon notification of slippery conditions by the Police Department is authorized to respond with up to two additional personnel to sand or salt slippery areas. If more personnel are needed, the "on call" employee will notify the Public Works Superintendent or Street Supervisor of the need for additional personneL When snow removal operations begin, redline collector routes are plowed first. (See Attachment B- Redline Collector Routes map). It takes approximately 4 to 6 hours (depending upon the snowstorm) to complete these routes. These streets have been declared redline routes because they allow residents and emergency vehicles faster and better access to the highways and into all areas of Fridley. The City is divided into ten residential snow plowing districts and finro industrial area plowing districts after the redline collector routes are plowed. (See Attachment C- Snow Plowing Districts map). In each district, there are four alternating starting points. After each snow, the starting points will change. It takes approximately 6 to 8 hours to complete snow plowing operations on the remaining streets. This results in providing clean, safe streets 12 to 16 hours after an average snow storm. �� There are 86 cul-de-sacs and 35 dead-end streets in Fridiey. It takes considerable time before the smaller and specialized equipment can complete the cul-de-sac areas. A snowpiow may complete the regular street and a portion of the cul-de-sac area. The major portion of the cul-de-sac will be plowed by the special equipment within the total time of the snow plowing operation. Concurrent with the plowing of the streets and cul-de-sacs, the sidewalks, improved alleys and municipal parking lots are also plowed. We do not plow bikeways or asphalt paths, we only clear concrete sidewalks. Cleanup operations begin on the next normat working day after the snow removal operations have been . completed. This includes cul-de-sac clearing, intersection clearing, sidewalks, traffic light areas, bus stops, and winging back on boulevards when necessary. The snowbird vehicles parked on streets during a snow storm create problems for snow removal operations. City ordinance prohibits vehicles from parking on City streets from 2:00 a.m. to 6:00 a.m. and during any snow removal operation from November 1 to April 1 of each year. Snowplow drivers report snowbirds to the Police Department. Depending on available police personnel, tickets are issued, if the vehicle is not removed. Vehicles that are blocking the street are towed away. Snowbirds that are still parked when cleanup operations begin are towed and impounded under the direction of police personneL For larger storms predicted to be over 8 inches and up to 15 inches or storms of longer duration, City crews may begin plowing when streets are covered by approximately 6 inches of snow. Crews will follow our standard snow plowing format of concentrating on the redline streets first and then moving into the residential neighbo�hoods. Once the storm is substantially over, crews will begin a final city �vide plowing operation cleanup. For a major storm, over 15 inches, our alternate plan comes into effect: The City is sectioned into 10 districts (see Attachment D- Emergency Snow Removal Plan) and the personnel are established into two 12 hour shift crews. The redline streets are plowed first and then the remaining streets in the district are plowed. The major difference is only one pass is made down the center of each street initially. Once all streets are opened, the crews then go back and start clearing the roads full width. This continues until all the streets are cleared by rotating the crews through their shifts. MnDOT is responsible for clearing TH 47 (University Avenue), TH 65 (Central Avenue) and I-694. Their policy is black pavement and run teams down tne highway as the snow storm progresses. Anoka County plows East River Road, the 44th Street bridge, Main Street to 57th, 57th to University, 49th between Main Street and University, Mississippi Street, Osborne Road, 85th and Old Central. The ' County also varies its starting points and attempts to clear to black pavement. 10/03 H:\m�les\snow\snow Remove Proc 23 MUNICIPAL CENTER MESSAGE SNOW PLOWING FORMAT 1. A snow emergency has been declared and snow removal operations started at hours. 2. The coilector redline streets have been cieared as of hours and the snow plowing in our 10 residential plowing districts has commenced at starting alternate point No. 3. The Public Works Department has completed one half of the district plowing at hours. We are continuing work and expect to complete the snow clearing operations at hour. 4. Street and alley snow removal operations were completed at hours. Sidewalk and intersection and cul-de-sac clean up work (continues) (will commence at hours). This effort should be completed by hours. 5. Snow removal activities associated with the storm of are completed. 24 EMERGENCY SNOW REMOVAL PROCEDURES 1. - We differentiate between a`rormal snowfall" and what we would call an "emergency snowfall." An "emergency snowfali" is a snowfall of 15 inches or more that is projected to fall within a 24 hour period. 2. When there is a projection of an emergency snowfall, the snow plowing procedure will begin when there is 6 inches of snow on City streets. The Police Department will have the responsibility for notifying the Public Works Department of the existence of 6 inches of snow on the streets. 3. - Once the plowing for an emergency snowfall has been decided, Public Works employees will be divided into two 12-hour shifts beginning at the time they are called out. 4. Each shift will consist of eight employees who will operate five dump trucks and three front-end loaders. Each group of eight employees will be assigned to one 12-hour shift. In addition to the eight employees assigned to each shift, another employee shall be assigned as needed to address particular problems. He may, for example, be assigned to digging out cul-de-sacs, plowing sidewalks, and plowing City parking lots. The storm and/or any other circumstances surrounding the storm will dictate the use of any additional employees. These employees will also be available to assist the Police and Fire Department with emergency operations (i.e., police calls, medical and fire emergencies). 5. The Police Department will take the primary responsibility for responding to questions from citizens. It was agreed that the Police Department personnel will be updated approximately every two hours. Personnel will keep maps and be responsible for plotting the progress of the snow removal crews as reported. 6. The Street Supervisor has the responsibility for updating the recording machine on a remote basis. The Street Supervisor will provide information indicating the progress and general location of the City's snowplows to provide callers with information regarding the City's snow emergency operation. 7. As the plows are working during a major snowfall, they will make an initial pass in each direction through all the streets. Efforts toward plowing curb to curb will not be made until all streets have been opened to traffic. It is understood that there will be difficulties with cu�-de-sacs and driveways being plowed shut on a number of occasions and with cars being parked on the streets. h:\myfi les\s now\e me rgency_removal 25 PRIORITIES ON SIDEWALK PLOWING 1. Mississippi Street from University Avenue to Highway 65 2 7`h Street, from Mississippi to 61S` 3. 61 St from University to Highway 65 4. Mississippi Street, from University Avenue west to East River Road, then to the two - walkv�ay easements off Rivers Edge Way for Stevenson School; 5. Osborne Road from University Avenue to Highway 65 6. 7`h Street, 61 St south to 59"' 7. Hayes School on Monroe, from Mississippi to 67�' 8. Mississippi Street, from East River Road to Central Avenue, south side 9. 5�' Street, from Mississippi to 63`d, then to University Avenue Service Road to 57�' 10. 615`, University Avenue west to Starlite, both sides, also two walkway easements from Starlite to Trinity 11. 61St from University to Moore Lake Commons on south side 12. Medtronic Parkway from Highway 65 to 7�' Street 13. 53`� from Target to Menards 14. Highway 65 from Ground Round to Twin City Federal 15. East River Road from Osborne Road north to Lafayette Street west side h:Un�Ies\snow�.sidewalk priorities 26 SIDEWALKS Osborne Road South side Commerce Lane to Old Centrai Mississippi Street North side, Stinson Boulevard to East River Road South side, East River Road to Old Central Monroe Street, from Mississippi to 67`�' Avenue 7tn Street, west side from Mississippi to 63rd 7'" Street, east side from 63`d to 61� 615t Avenue North side, Main Street to Highway 65 South side, Main Street to just east of Sears Outlet Store Easements north to 61 � Between Starfite and Trinity Between Rainbow and Sunrise 7`h Street from 615` to 59`" 53ro Avenue north side from Learning Tree to Menards Highway 65 east side, from 53`" to 52nd 57th Avenue north side University west to Main Street University East Service Drive from 57�' Avenue to Mississippi 5t" Street east side from Mississippi to 63rd Fourmies Avenue between Service Drive and 5`h Street 63`d Avenue north side between University Service Drive and 7�' Street University east side bikeway between Mississippi and 69�' Avenue West Moore Lake Drive in front of high school Walkway path behind high school and Little League fields Medtronic Parkway, 7'h Street to Highway 65 Easements west side of East River Road Between 62"d Way and River Edge Way River Edge Way to Stevenson School East River Road west side from Stevenson School to River Edge Way East River Road west side from Osborne Road to Lafayette Street h:Un�les�s n ow�,s idewalks 27 ..f`� s SNOWPLOWS ASSIGNED TO PLOWING DISTRICTS — 2003/2004 SEASON District #1 District #2 District #3 District #4 District #5 District #6 District #7 District #8 District #9 District #10 North&South Industrial #774 —'96 Case Loader w/wing #792 —'97 Ford Dump Truck w/wing #775 —'04 Sterling Tandem Dump w/wing #786 —'89 Case Loader w/wing #795 —'99 JD Loader w/wing #727 —'91 Ford Potpatcher front ptow w/underbody #755 —'O1 Int'1 Dump w/wing #763 —'02 Sterling Dump w/wing #791—'95 Ford Dump front plow w/underbody #762 —'O1 Sterling w/wing #686 —'86 Ford Single Aael w/Util Box & front one-way plow #725 —'92 Ford PotpatcLer front plow w/underbody Red Denotes Snow Emergencv Routes Btack Deaotes Snownlowins Districts Supervisor: Kea Holmstrom Plowins Assignments for Snow Emer¢encv Rontes North Area 792, 762, 774 East Area �91, 775 Central Area 786, 763, 795, 725, 686 West Area 755, 727 Jeff Jensen Scott Bradseth Greg Skogen Garry Volk Craig Turbak Kory Jorgensen Pete Gunderson Nlike Graves Taylor Bud Zurbey Jon Williams Gary Bulman Equipment Resaonding to Snow Emer�. 3 Front end loaders w/directional plows & wings 1 Dnmp truck w/one-way plow & anderbody plow 5 Dump trucks w/one-way plows & wings 1 Ford Sngle Axel w/util boz & front one- way plow . � 1 Sidewalk plow & snow blower 5 4 z 4 vehicles 1 One ton truck 4x4 w/sander 2-Potpatchers w/one-way plow & nnderbody plow Allevs, Cul-d�-sacs, & Intersections: Alleys & Area #1 781— Ken Small 554 — Mark SchaIte Area #2 541— Keven Becklin Area #3 528 — Ron Fields 753 — Jason Wiehle Intersections �24 — Craig Hanson Sidewalks 740 — Bruce Koopmeiners 10/9/03 : 0 SNOWPLOWING ASSIGNIVIENTS FOR SNO`VS OF 1�" OR i�TORE NOTE: Crews will consist of 10-11 men, plus mechanics, in 12-hour shifts. , TEAi�1 A TEAN'I B " Area 1 • a Unit 791-Ford Dump w/underbodyTaylor Ron Fields Area 2. � tinit 775-Sterling Tandem w/wing Greg Skogen Unit 774-Case Loader w/win; Keven Becklin Area 3: Unit 762-Ford Dump w/wing Bud Zurbey Jason Wiehle Area 4• Unit 763-Sterling Dump w/wing Nlike Graves Kory Jorgensen Area 5• Unit 755-Int. Dump w/wing Pete Gunderson Ken Small Unit 6: � "- Unit 792-Ford Dump w/wing Scott Bradseth Gary Bulman Area 7• Unit 79�-JD Loader w/wing Craig Turbak Garry Volk Area 8• Unit 774-Case Loader w/wing Jeff Jensen Unit 786-Case Loader w/wing Phil Perron Auxiliarv Crew: Gerry Long Mark Schulte _ Bruce Koopmeiners Jon Williams Mechanics: Mark Foster Mark Kluge ` Kelly Odenthal • 10/10/03 , �� _ � �j � .#�"��' � i I _ � � � j �,� City of ��Q FRIDLEY �-��:�- �� ° �`� i � ; PLOWING DISTRICTS ��i` ' r� , � �,�� ,�,�� .� i=,r�G� � G. _ _ __ �� t�� z�, ,m��-. ,� � ��- �� r � � �t +�� ,,�� ;E �a� �� '�� ---�I � �� N I� 1 E � S Feet 1000 0 ]000 2000 3000 4000 �� - MAP DATE: OCTOBER 2003 , � � � �r— I _ J��r- , ��_ �� i� �� - ,'��...�� } a� �� ` A f�ktlllffff3] f�'`R�fiTTr rllEfli{+r11i{Ii{€ �� 11 -----� � �� `�� .;,,,,,.,� ��R�� LEGEND Snow Plow Districts 0 D1Str1Ct 1 1 Rotating Staring Points � D1StI'1Ct Z � D1Sii1Ct 3 Q Snow Plow District Boundaries ' �� D1SiriCi 4 � Right-of-Way ' 0 Parcel Boundaries � D1SlriCi 5 Water Features 0 Distric 6 �� D1Str1C % Sources: � D1Str1Ct $ City of Fridley Public Works City of Fridley Engineering .:.�k ;� DiStI'iCt 9 City of Fridley GIS �� D1Sti1Ct 10 Anoka County GIS S. Industrial Dist 11 � �� N. Industrial Dist 12 �t � .�_ ; �, Feet 1000 0 1000 2000 3000 4000 MAP DATE: OCTOBER 2003 � City of FRIDLEY REDLINE COLLECTORS LEGEND Redline Collectors � Right-of-Way �� Parcel Boundaries Water Features SOUt'CBS: City of Fridley Public Works City of Fridley Engineering City of Fridley GIS Anoka County GIS �� ,� _ �'� Feet ]000 0 1000 2000 3000 4000 ��—� MAP DATE: OCTOBER 2003 � City of � FRIDLEY PLOWED SIDEWALKS LEGEND N Plowed Sidewalks �] Right-of-Way [_ � Parcel Boundaries Water Features Sources: City of Fridley Public Works City of Fridley Engineering City of Fridley GIS Anoka County GIS ` AGENDA ITEM COUNCIL MEETING OF NOVEMBER 3, 2003 UIY OF FRIDLEY CLAIMS 113974 - 114071 35 � � CtTY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF NOVEMBER 3, 2003 LICENSES Type of License � Approved By: PEDDLER/SOLICITOR- CHARITABLE Clean Water Action Shelley Rorvick Public Safety 326 E Hennepin Ave NE Mpls, MN 55414 TREE REMOVAL & TREATMENT All Tree Service Helal Mohamed Public Works 5197 Lincoln St NE Fridley, MN 55421 36 Fees• No Fee $40 � , � City of Fridley AGENDAITEM City Councii Meeting Of Monday, November 03, 2003 � Gas Services J& H Gas Services Inc 1422 Angelo Dr John Toohey Golden Valley MN 55422- Knight Heating & Air Cond Inc 13535 89 St NE Kenneth Lien Otsego MN 55330- General Contractor-Residential Conceptual Design (20070881) 8485 142 St W Ronald Pryatel Apple Valley MN 55124 Gassen Company Inc (20009494) 7275 Bush Lake Rd Terry Holm Edina MN 55439- Lakeland Remodeling Inc (20316205) 5251 4 Street NE Matthew Williamson Columbia Heights MN 55421- Sears Home Improvement Products (20090017) 1824 Florida Central Pkwy Larry Hcemer Longwood FL 32760- Heatina Knight Heating 8� Air Cond Inc 13535 89 St NE Kenneth Lien Otsego MN 55330- 37 Approved By: Ron Julkowski Building Official Ron Julkowski Building Official State of MN State of MN State of MN State of MN Ron Julkowski Building Official Masonry Pro-Wall inc (20013174) 7990 69 Avenue PO Box 529 Rockford MN 55373-0529 Plumbinq EMC Services 321 Dean Ave E Champlin MN 55316- � Jim Ferris John Egan • Approved Bv: Ron Julkowski Building Official State of MN a 0 : AGENDA ITEM CITY COUNCIL MEETING OF NOVEMBER 3, 2003 F o °� ESTIMATES Hardrives, Inc. . 14475 Quiram Drive Rogers, MN 55374-9461 � 2003 Street Improvement Marian Hills Project No. ST. 2003 —1 EstimateNo. 5 ....................................................................................... $101,002.27 Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Building 64G 1 University Avenue N.E. Fridley, MN 55432 - Legal Services Rendered as City Prosecuting Attorney for the Month of July, 2003 .............................................................................. $ 18,160.50 39 . 1 0 r ` CfTY OF FRIDLEY �TO: FROM: AGENDA ITEM COUNCIL MEETING OF NOVEMBER 3, 2003 � WILLIAM W. BURNS, CITY MANAGER �'''�� RICHARD D. PRIBYL, FINANCE DIRECTOR SUBJECT: CONTINUATION OF THE PUBLIC HEARING ON THE 2003 NUISANCE ABATENIENT DATE: October 30, 2003 At the meeting of October 13, 2003, the Public Hearing was opened on the issue of the annual nuisance abatements for the first time. It was then continued to October 27, 2003, and at this public hearing it was then requested by the attorney for Mr. Ulrich to again table the public hearing until the Council Meeting on November 3, 2003. This is the annual assessment that is done in regazd to expenses that are incurred to clean up city code related issues. RDP/me Attachment , u i 1 0 c � ' y 4 � a - 6 emoran um Planning Division DATE: October 28, 2003 TO: Fritz Knaak, City Attorney Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Rick Pribyl, Finance Director FROM: Julie Jones, Environmental Planner SUBJECT: Tree Abatement at 6211 Sunrise Dr. Assessment Hearing October 13 The tree abatement case for 6211 Sunrise Drive, the home of Anthony Howe, is set to be heard at the October 13 City Council meeting. Based on my September 19 telephone conversation with him, I anticipate that 1�1r. Howe will take advantage of this opportunity to argue that he should not have to pay the tree removal costs charged to him. In case staff is asked to comment, I wanted to make sure we all have complete information about the history of this case prior to the hearing. I had discussed this code enforcement case with Fritz earlier on the phone, when we were told that it could not be assessed this year. However, the Finance Department later decided they could include it in this year's list of assessments. Background On June 16, 2003, Stephanie Hanson sent a first and final notice to 6211 Sunrise Drive, addressed to John Ranger or Resident. The City's property records were outdated and did not reflect that Anthony Howe purchased the property in February 2002. Mr. Howe claims he chose not to open the letter and returned it in the mail since it was not addressed to his name. The City never received the letter back in the mail. The deadline for removal of the dead oak trees was July 16. When the deadline came, Stephanie was on maternity leave, so I followed through to close out this code enfarcement case. The records on this property showed that City staff had experienced difficulty having dead oak trees removed in 2000 on this property with the Rangers, having to work with the owner's daughter for cooperation. Staff still had the daughter's name on file and left a phone message with her asking for assistance. No return call was received. Due to the past diseased oak problem, staff lrnew we were dealing with a spreading oak wilt problem that needed to be addressed. After waiting over a month beyond the deadline, staff proceeded with abatement of the dead oak trees. The selected tree removal contractor was asked to lmock on the door before they removed the trees, but no one was home. The dead trees were removed, and, upon receipt of a Septernber 15 invoice for the cost of the tree removal from the City, Mr. Howe called me and was extremely upset about the cost of the tree removal. He claims that one of his neighbors would have taken the trees down for free in exchange for the wood to make furniture. A . , ; ! ZCG� /C'.��'�. +.' . 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' . � i L..� C..: v� '�L _.�`��.; �-��-._ ___ .__.... _.___�___�_ __. __-- -__ .._ _ �.._ _. . _ ' � !'V. - . -�-/ �_�G`�-. � __ - -- - -- -�+^- � ��., ' � n -� � � - ., � ' r� ' � ' � �- � l.�l ...--�.___(Z�7Y�-__ �►J?�'� �,._ __�--�. ��--�_C�'_�_ �-- L.��---- _ 1_ �______.. _ ` _ - � � � � � --- _ _ --- ---__ __ ___.__.C.�__ C-t-?�n,!�._ 1 _�t_�Z�__�._�(.t,�_`�� 2J- ---� �-�.%�-�=�-- _ __ -- - _.. . � . _ _� � ��__..�� :;��_ _ --- v, �, � -. -- � �1..�.� � �_ � � . �_� �_ � _ ..__.� _ _ � _ , . _ _ _ __ . _ _ _ ______ - -�-- __ _._.�la_c�.,��. ; �� _� � __,�..5� __ ��-h�r_� � - l� �� I�L � � I �� • s Larkin`�Ioffi�an Larkin Ho, f �nan ATTO<Nt�! 11/3/2003 3:38 PAGE 1/5 Facsimile Cover Sheet To: Mayor and City Council FAX NUMBER: 763-571-128? FROM: Chris Dietzen PHONE NUNIDER: (952) 835�3800 DATE: 11/3/2003 3:38:20 PM RightFax ,�,. . , ��,&��. LSaO WtIIs Fazgo Plaza 7900 Xcrxes Aveaue South Misuteapol:o, Mftutesota SS431•1194 aiNUUU 952•835-3600 FnY: 952•896•3333 rm: www.la�ldnho$men.cam Totnl Tramsmitted Pagee s ��c� co� s�c�: Copy to follow by U.S. Mail: No Respond to FAX No. (932) 896�333 FILE 28349.00 NUMBER: MESSAGE THE WFORMATION CONTAINED IN THIS FACSINIlLE ME89AQE IS ATTORNEY PRIVILE(�ED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE 1NDNIDUAL OR E,NTITY NAMEU ABOVE. IF Ti� READER OF THIS MES9AQE I5 NOT THE INTENDED RECIPIENT. OR THE EMPLOYEE OR AC3ENT RE3�PONSIBLE TO DBLIVER II' TO I� IN�ENDfiD RECZPIEN7, YOU ARE HE.REHY NOTIF'lED THAT ANY DISSEI�SINATION, DIS?RIHUIION, OR COPYINO� OF THE CONIIviU23ICATION IS STRiCTLY PROHIBITEI}. IF YOU HAV� RECEIVED TH� COMMUNICATION IN ERROR, PLEA9� IMMEDIAT�LY NOTIFY U9 BY TELEPHONE AND RETiTRN THE ORIGINAL MESSAGE TO US AT THE AHOVE ADDRESS YIA THE U.S. POSTAL SERYICE. THANK YOU. , Larkin. Ho�fman November 3, 2003 il/3/2003 3:38 PAGE 2/5 RightFax Mayor and City Council City of Fridley 6431 University Avenue NE Fridley, Minnesota 55432 Re: Proposed Assessmern of 157 Hartman Circle (David Ulrich and Melaina Grover) Our File IV'o.: 28,349-00 Dear Mayor and City Council: VIA FAX AND U. S. MAIL We represent David Ulrich and Melaina Grover, owners of property located at 157 Hartman Circle, Fridley, Minnesota 55432. In that capacity, I appeared at the October 13, 2003, meeting of the Fridley City Council to de%nd against the City's improperattempt to assess the property owned by my clients. Prior to the hearing, Mr. Ulrich filed with the City a written objection to the assessment. At the hearing, the City introduced a letter from the City Attomey dated June 23, 2003. The City Council gave us the opportunity to respond. The purpose ofthis letter is to provide that response. Due Frocess Violation The City Attorney's letter is quite telling in the corrtext of the assessment. Although the letter goes on at length (but incorrectly) as to whether the deck was a nonconforming use, it does not provide any dispute that the City's action in removing ihe deck was unlawful. The City has an express procedure that purports to allow it to abate "nuisances." Putting aside the issue of whether this highly questionable procedure is legal or constitufional, the City admits that it did not follow its procedure,l The City's procedure requires that the City provide the property owner with written notice of an available procedure to seek a hearing before a hearing examiner on such matters as whether th.e condition is a"nuisance" and the legality ofthe abatement. It is undisputed that the City did not provide such notice or an opportunity for a hearing. The City Attorney's letter appears to claim that the fact that Mr. Ulrich was told he could apply for a variance should su�ice. This is an absurd contention. As the City should be well aware, there is a vast difference between the administrative hearing required by the ordinance where th.e We also reiterate the point made in our prior submission that the deck was n�ot a"nuisance" as that term is defined. Larkin.Hoffman 11�3/2003 3:38 PAGE 3/5 RightFax Mayor an,d City Council N'ovember 3, 2003 Page 2 City would necessarily have the burden of proof and the act of hurdling the high burdens attendant to seeking a variance. ThPSe two procedures simply are not equals in any regard. In fact, the circumstances surrounding the City's variance "alternative" are also highly suspect. Not knowing that he had the right to a h�aring before a hearing examiner, Mr. Ulrich did prepare an application for a variance and filed it within the time arbitrarily required by the City. When Mr. Ulrich personally presented it to the City, he specifically asked whether it included all necessary information. The City expressly stated that Mr. Ulrich had submitted a complete application, But later, the City decided that the application was not complete. Rather than requesting further informatior� the City simply returned the application and proceeded to destroy and remove the deck. The City Atwrney's suggestion that the "City bern over backwards to treat [Mr, tTirich] fairly" is wholly without merit. For the purposes of the attempted imposition of an assessment, the prior discussion is sufficiern to show the City's impropriety. The City cannot seek an assessmentfor a"nuisance abatemerrt" where the City's conduct violated its own pzocedures. And after review of the facts, even those asserted by the City Attorney, it is clear and undisputed that the destruction and rem.oval of the deck was unlawful, It makes no difference whether the deck was a"nuisance" susceptible to abatem.ent. Even if the C ity alleges it is a nuisance, Mr. Ulrich and Ms Crrover are entitled to contest that issue, and the City must provide a process to do so. The City cannot engage in the "self-help" r�emedy of simply tazing private structures without providing due process to determine whether destruction is justified: that municipality must, before destroying a building. give the owner sufficiern notice, a hearing, and an ample opportunity to demolish the building himself or do what suffices to make it safe and healthy; such procedwe is the essence of govemmental responsibility to accord due proceas of law, Miles v. District of Columbia, 510 F.Zd 188, 192 (D. C. Cir. 1975). Minnesota courts recognize the constitutiona.l impentive to provide due process before taking property, and place the burden squarely on the City to determine whether the facts authorize taking property. Oswalt v. Ramsev Countv 371 N.W.2d 241, 247 (Minn. App. 1985)(recognizing that cities may eliminate nonconforming uses once sufficiently damaged "but this rule also depends on a proper determination of facts by the municipality.") The Court of Appeals in Oswalt specifically rejected a city's attempt to take property without determining the extent of nonconforming use rights. I�. The city bears the burden of showing th.e need for taking nonconforming use rights, and cannot shift that burden to the landowner by requiring permits for maintenance and then denying those permits. Id. Taking property in such circumstances compels the City to initiate condemnation and pay the property's value at the time oftaking. Id. Larkin Hoffman 11/3/2003 3:38 PAGE 5/5 RightFax Mayor and City Council November 3, 2003 Page 4 destruction was without legal authority. The resulting assessments are also without legal authority, and we object to them. Be assured that vlr. Ulrich an.d Ms Grover will tak,e all action necessary to protect their righis in connection with all aspects of this matter. Sincerely, Christopher J. Dietzer� for Larkin Hoffman Daly & Lindgren Ltd. cc 891340.1 Dave Ulrich and Melaina Grover Frederic W, Knaak, City Attomey � CITY OF FRIDLEY, ANOKA COUNTY, MINNESOTA PUBLIC HEARING Notice is hereby given that the City of Fridley City Council will conduct a public hearing at 7:30 p.m. on October 1�, 2003 in the Council Chambers at 6431 University Avenue, to consider, and possibly adopt, the proposed assessment for the following improvements: 2002 STREET IMPROVENIENT PROJECT Project #2002-1 2003 NUISANCE ABATEMENT 6211 Sunrise Drive 157 Hartman Circle 5750 Madison Avenue Assess 10 years @ 6.5% Interest $109,897.52 Edgewater Gardens Neighborhood Assess 1 year @ 6.5% Interest $ 7,277.00 The proposed assessment rolls are on file for public inspection at the Finance Office. Notices are being mailed to all property owners. Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount of an assessment unless a signed, written objection is filed with the clerk prior to the hearing or is presented to the presiding officer at the hearing. The council may, upon such notice, consider any objection to the amount of a proposed individual assessment at an adjourned meeting, upon such further notice to the affected property owners, as it deems advisable. An owner may appeal an assessment to district court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk. The City of Fridley has adopted Resolution No. 14-1995 deferring special assessment payments for senior citizens. The City Council may defer the payment of special assessments for any homestead property owned by a person 65 years of age or older for whom it would be a hardship to make the payments. Publish: September 25, 2003 Scott J. Lund Mayor 41 / � GTY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF NOVEMBER 3, 2003 ' ryt� TO: WILLIA�I W. BURi�iS, CITY N1_ANAGER �� F�',�tOi�1: RICHARD D. PRIBYL, FINAIV'CE DIRECTOR GREG TIREVOLD, SPECIAL ASSESSMENTS SUBJECT: PUBLIC HEARING FOR THE STREET IMPROVENIENT PROJECT NO. ST. 2003-1 DATE: October 28, 2003 Attached is the Public Heazing Notice for the assessment for the Street Improvement Project No. ST. 2003-1. This hearing was continued from October 27, 2003. The Public Hearing Notice was published in the Focus newspaper on October 9, 2003 as required by State Statute. This notice included an incorrect amount for the total assessment. In order to comply with State Statute requirements, an assessment needs to be published at least two weeks prior to the Public Hearing. As a result, a Public Hearing Notice with the conect amount of the assessment was placed in the StarTribune on October 19, 2003. Based upon advice from the City's legal counsel, the City Council opened the Public Hearing October 27`" as noted in the first notice published in the Focus and continued the hearing to the meeting of November 3, 2003 as referenced in the notice published in the StarTribune on October 19, 2003. The resolution to adopt the assessment is being presented at tonight's City Council meeting. R.DP/gt Attachment 42 PUBLISHED IN THE FOCUS CITY OF FRIDLEY, ANOKA COUNTY, MINNESOTA PUBLIC HEARING Notice is hereby �iven that the City of Fridley Ciry Council will conduct a public hearin� at 7:30 p.m. on October 27, 2003 in the Council Chambers at 6�31 University Avenue, to consider, and possibly adopt, the proposed assessment for the followinQ improvements: 2003 STREET IMPROVEMENT PROJECT Assess 10 years @ 6.5% Interest $109,897.52 Project #2003-1 Marion Hills Neighborhood The proposed assessment rolls are on file for public inspection at the Finance Office. Notices are being mailed to all property owners. Written or oral objections will be considered at the meeting. No appeal may be taken as to the �rriount of an assessment unless a signed, written objection is filed with the clerk prior to the hearing or is presented to the presiding officer at the hearing. The council may, upon such notice, consider any objection to the amount of a proposed individual assessment at an adjourned meeting, upon such further notice to the affected property owners, as it deems advisable. An owner may appeal an assessment to district court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk. The City of Fridley has adopted Resolution No. 14-1995 deferring special assessment payments for senior citizens. The City Council may defer the payment of special assessments for any homestead property owned by a person 65 years of age or older for whom it would be a hardship to make the payments. Publish: October 9, 2003 Scott J. Lund Mayor 43 PUBLISHED IN THE STARTRIBUNE CITY OF FRIDLEY, ANOKA COUNTY, MINNESOTA PUBLIC HEARING Notice is hereby Qiven that the City of Fridley City Council will conduct a public hearing at 7:30 p.m. on November 3, ?003 in the Council Chambers at 6431 University Avenue, to consider, and possibly adopt, the proposed assessment for the following improvement: 2003 STREET INIPROVEMENT PROJECT Assess 10 years @ 6.5% Interest $145,207.02 Project #2003-1 Marion Hills Neighborhood This hearing is for the same project as was previously noticed on October 9, 2003, for hearing on October 27, 2003. The notice for that hearing incorrectly stated the project cost. You are hereby notified that the October 27, 2003 hearing will be continued to November 3, 2003. The proposed assessment rolls aze on file for public inspection at the Finance Office. Notices have been mailed to all property owners. Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount of an assessment unless a signed, written objection is filed with the clerk prior to the hearing ar is presented to the presiding officer at the hearing. The council may, upon such notice, consider any objection to the amount of a proposed individual assessment at an adjourned meeting, upon such further notice to the affected property owners, as it deems advisable. An owner may appeal an assessment to district court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk. The City of Fridley has adopted Resolution No. 14-1995 deferring special assessment payments for senior citizens. The City Council may defer the payment of special assessments for any homestead property owned by a person 65 years of age or older for whom it would be a hardship to make the payments. /s/ Scott J. Lund, Mayor Publish: October 19; 2003 .. � � GTY OF FRIDLEY TO: _ FRO�1 AGENDA ITEM CITY COUNCIL MEETING OF NOVEMBER 3, 2003 �� WILLIAM W. BURNS, CITY MANAGER �("I ( RICHARD D. PRIBYL, FINANCE DIRECTOR GREG TIREVOLD, SPECIAL ASSESSMENTS � SUBJECT: RESOLUTION ADOPTING THE ASSESSMENT FOR THE 2003 NUISANCE ABATEMENT DATE: October 28, 2003 Attached you will find the final assessment roll for the 2003 Nuisance Abatement along with the Resolution to adopt the assessment. The Public Hearing for this assessment was conducted at the October 13, 2003 City Council meeting. The adoption of the assessment was tabled until the November 3, 2003 meeting. The assessment includes 3 properties at a cost of $7,277.00. The assessment will be certified for 1 year at an interest rate of 6.5%. RDP/gt Attachment 45 � RESOLUTION NO. 2003 RESOLUTION ADOPTING ASSESSMENT FOR 2003 NUISANCE ABATEMENT WHEREAS, pursuant to proper notice duly given as required by law, the council has met and heard and passed upon all objections to the proposed assessment for the 2003 Nuisance Abatement. NOVV THEREFORE, BE IT RESOLVED BY THE CITY COLINCIL OF FRIDLEY,I�IINNESOTA: Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. Such assessment shall be payable in equal annual installments extending over a period of one year, the first of the installments to be payable on or before the first Monday in January, 2004, and shall bear interest at the rate of 6`/� percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2004. 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 treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution. The Finance Director shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF . 2003. ATTEST: DEBRA A. SKOGEN - CITY CLERK SCOTT J. LUND - MAYOR . � ASSESSMENT ROLL FOR 2003 NUISANCE ABATEMENT Name PIN No. Actual Assessment Anthony Howe 14-30-24-33-0004 $ 1164.85 6211 Sunrise Drive Fridle , MN 55432 David Ulrich 15-30-24-12-0052 $ 3,862.34 157 Hartman Circle Fridlev, MN 55432 Pairdon Colstrom 23-30-24-13-0070 $ 2,249.81 5750 Madison Avenue Fridley, MN 55432 47 � CfTY OF FRIDLEY Date To AGENDA ITEM CITY COUNCIL MEETING OF NOVEMBER 3, 2003 October 29, 2003 William Burns, City Manager�n� � From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject: Master Plan Amendment, MP #03-01, Columbia Park Medical Group M-03= INTRODUCTION Mohagen/Hansen Architectural Group, on behalf of Columbia Park Medical Group, is requesting an amendment to its master plan to allow for future parking and building expansions. At the October 27`h City Council meeting this item was tabled to allow Council members time to further evaluate the request to reduce stalls to 9'. ANA- Attached you'll find a comparative analysis performed by the Mohagen/Hansen firm regarding other community parking stall dimensions and specifically stall dimensions at other medical clinics, hospitals, and shopping malls. In that analysis, you'll note that St. John's Hospital in Maplewood has 10' wide stalls in their heavy turnover areas and 9' stalls elsewhere on their site. The Mall of America also has 10' parking stalls and Woodbury's Woodwinds Health Campus; Allina Clinic has a 9' stall minimum, but apparently has other undefined stall dimensions as well. However, sixteen other facilities listed have 9' stall requirements or less including: Mercy Hospital, Abbott Northwestern Hospital, St. Francis Regional Medical Center, and Burnsville Center. Further, Rosedale Shopping Center, Ridgedale Shopping Center, and Burnsville Shopping Center all have stall dimensions that range from 8' wide for compact cars to 9' for all others. Staff believes there is an alternative that works to address the majority of all concerns in this Columbia Park request. There undoubtedly is a benefit to keeping more than the required number of stalls on the Columbia Park site itself. Without adequate stall numbers, customer/patient cars spill into stalls north and crowd the neighboring professional building, and City Hall facilities. Therefore, staff recommends the following solution. Immediately adjacent to the east side of the building there are 3 parking stalls. Those are arguably in the heaviest of turnover .• areas and should be a minimum of 10' wide and should be signed for patient parking only, with enforcement being Columbia Park's responsibility and violators to be towed. Immediately north of the building there is a combination of patient drop-off and parallel parking stalls. Those stalls are a 10' equivalent and should be signed for patient parking only, with enforcement being Columbia Park's responsibility and violators to be towed. Finally, immediately west of the building is a row of ADA compliant handicap stalls. At the end of the row is another standard stall. This stall shall be 10' minimum as well and should be signed for patient parking only, with enforcement being Columbia Park's responsibility and violators to be towed. This solution puts special needs patients, and heavy turnover stalls at a dimension of a minimum of 10' or more. Leaving Columbia Park the ability to stripe the remaining portion of the lot at a minimum of 9' widths. STIPULATIONS 1. Petitioner to provide landscape plan for the complex prior to issuance of a building permit. 2. Petitioner shall obtain all necessary building permits prior to construction. 3. The proposed additions shall be architecturally compatible with the existing building and finished with complementary building materials. 4. Parking stalls to be reduced to a minimum of 9 feet width in all parking areas except for those stalls in the first row west and first row east of the building. In those aisles ADA stall dimensions shall apply to any handicap parking stalls. All other stalls in those two aisles shall be a minimum of 10'. Parking stalls shall be striped in accordance with the design on file in the office of the City Engineer. . • SUPPORTING INFORMATION FROM PREVIOUS STAFF REPORT In 1982, the subject property, the City Hall property and the property north of City Hall were rezoned to S-2, Redevelopment district. As a result of that rezoning, the two-story medical clinic was constructed and exists as it is today. Please see attached drawing of the existing conditions. The petitioner is proposing to re-design the parking lot in order to construct additional on site parking for the existing building and the building expansion. The current parking configuration involves land owned by both the Columbia Park Medical Group and the City of Fridley. The petitioner is proposing to reduce the parking stall width from 10 feet to 9 feet, which will allow the construction of an additional 32 parking stalls. Re-designing the parking lot will not only provide additional parking opportunities but will also reduce the access points on Formies Avenue from three to two. The petitioner is also proposing to construct a two-story, 3,071 square foot addition to the northwest side of the building to be used for a pharmacy, CT scan room, associated support space and other clinic support services. They are also proposing to construct a two-story, 7,450 square foot addition to the east side of the building, which will be used for additional clinic space which will include exam rooms, dictation space, lab area and other clinic support services. Please see the attached drawing showing the re-design of the parking lot and the location of the proposed additions. HOUSING AND REDEVELOPMENT AUTHORITY COMMENTS The Housing and Redevelopment Authority (HRA) had the opportunity to review this conceptual plan at its October 2, 2003, meeting. The HRA doesn't have the authority to approve or deny this request, but staff wanted to get its input, as this project is within a redevelopment district. Overall, the HRA was supportive of this master plan amendment; however, the members did express concern about reducing the parking stall width from 10 -feet to 9 feet. They would encourage the developer to consider reducing the stall width to 9 feet primarily for the employee parking areas. City staff has conveyed this HRA concern to a Columbia Park representative. PLANNING COMMISSION RECOMMENDATION At the October 15, 2003, Planning Commission meeting, a public hearing was held for MP #03-01. After a brief discussion, the Planning Commission recommended approval of this master plan amendment request, MP #03-01, with the three stipulations as presented and an additional stipulation, to read, "Parking stalls to be reduced to 9 foot width in the employee parking areas only". THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMNEDATION City Staff recommends concurrence with the Planning Commission. 50 Mohagen Hansen Architec�ura; Gr�uti October 29, 2003 NIr. Scott Hickok Community Development Director City of Fridley 6431 L'niversity Avenue NE Fridley,l�1N 55432 Re: Columbia Park Medical Group Fridley Plaza Medical Building: Master Plan Amendment Mohagen/Hansen Project No. 03309.00PM Dear Scott: As a follow up to the City Council meeting of October 27, 2003 regarding the modification to the Master Plan Amendment MP #03-01, Mohagen/Hansen would like to offer our research data for consideration regarding the width of parking stalls within the metropolitan area. In summary, the Council had a concern regarding the proposed modifications to revise the 10'-0" wide parking stalls to 9'-0" wide stalls. Councilman Billings wished to investigate the situation and was concerned that a place of business like a medical clinic, hospital or retail area, such as a mall, should have wider parking stall for the convenience of its patrons. Nlohagen/Hansen has investigated this issue and enclosed is a summary of surrounding metropolitar. communities, which are the home base to some of our major hospital facilities, clinics and malls which are frequented by many patrons throughout the day. (Reference the attached parking stall survey document.) As you will see the majority are the communities that support these facilities have an ordinance which mandates 9'-0" wide parking stalls and a few even use a 8'-6" wide stall. We understand the Council's concerns and agree a 10'-0" wide stall would be a better solution if the land was available. However, in this circumstance we are attempting to improve the site circulation and increase the available parking adjacent to the clinic and land is at a premium. T'he clinic has adequate handicapped parking spaces readily available and even offers a drop-off area at the front entry of the building for non-ambulatory patients in order to satisfy the needs of the elderly and less mobile patient population. i d; j E. Way2323 8It'd SUd� 20a 4Yayzata, T,AAt �539t ielepfiane 952.:i73. t 9�5 Fax 852.473.t3•t0 www.mohagenf�nsea.com 51 � � '� -� � City of Fridley Cotumbia Park Medical Group: Fridle,y Plaza October 29, 2003 Page ? uf 2 The Columbia Park Medical Group believes that the modification of the parking stall width from 10'- 0" to 9'-0" would be appropriate for this type oE facility and would improve the overall performance of the parking configuration and improve the convenience of their patrons. As we evaluate and analyze our research the majority of the communities within the metropolitan area concur with the 9'-0" wide stall as stated in their City Ordinances. We dori t believe the proposed modification to the parking stall width for the Planned Development would in any way create a conflict, be a detriment to the existing parking configuration or create in anyway a hardship for Columbia Park Medical Group patrons. Proposed conditions with the 9'-0" stalls would not differ from conditions faced elsewhere in the metropolitan area. Therefore, the petitioner is requesting that the Council consider the use of 9'-0" wide parking stalls throughout the entire campus parking area. The petitioner would suggest however, that the first row of parking spaces immediately west of the building, the six spaces north of the main entry and the three spaces immediately east of the east side of the building. Be revised to reflect the 10'-0" wide parking stalls. We hope you find the information useEul in your evaluation. We thank you for your consideration of our request and look forward to our discussion at the November 3, 2003 Council Meeting. Best regards, Mohagen/Hansen Architectural Group Mark L. Hansen, AIA Principal 52 ■ Columbia Park Medical Group Fridley Office Plaza: Parking Stall Size Survey Page 1 of 2 October 29, 2003 Mohagen/Hansen Architectural Group has compiled this parking survey information in an effort to show extensive precedent for the use of 9' wide stalls at Columbia Park Medical Group, Fridley Plaza Clinic. As shown, the majority of cities contacted use 9' wide stalls as the typical, fuii-size parking stall. A few communiries allow 8'-6" wide stalls as full size stalls and some allow a percentage of 8'-6" wide stalls as compact spaces. As you will note, the use of a 9' wide parking stall has been established as the norm for similar types of facilities throughout the metro area, which includes malls and medical facilities similar to Columbia Park Medical Group. Bloomington, Minnesota ' Mall of America 300 sf/stall - maneuvering / clearance Example: 18' x 10' sta11= 180 sf 12' x 10' aisle = 120 sf 300 sf Brooklyn Park, Minnesota Full size stall Burnsville, Minnesota Burnsville Center Full size stall Additional SF in double loaded. Aisle results in a 24' drive aisle Edina, Minnesota Southdale Mall Fairview Hospital (variety of inedical clinics) Full size stall Compact size stall** Stall Dimensions Aisle 9' x 18' 24' Stall Dimensions Aisle 9' x 18' 24' Stall Dimensions Aisle 8.5'x18'* 24' 7.5' x 16' * 24' *Stall depth can be reduced at curb condition to 16.5' at full size stall and to 15' at compact stall. **Maximum 20% compact stalls in Planned Office District and Regional Medical District. Compact stalls shall not be included as part of required parking count in other districts. Maple Grove, Minnesota Full size stall Minnetonka, Minnesota Ridgedale Mall . Full size stall *24' aisle a low tumover condition. - Minnetonka, Minnesota Roseville, Minnesota Rosedale Mall Fuil size stall Compact stall* *Maximum of 50% of required parking. ■ Mohagen/Hansen Architectural Group Stall Dimensions Aisle 9' x 18' 24 Stall Dimensions Aisle 8.5' x 18' 26' * Stall Dimensions Aisle 9' x 18' 24' �3' x 18' 24' 53 ■ Columbia Park Medical Group Fridley Office Plaza: Parking Stall Size Survey Page 2 of 2 October 29, 2003 New Brighton, Minnesota Allina Clinic Full size stail St. Louis Park, Minnesota Methodist Hospital, Park 1Vicollet Clinic Full size stall Maplewood, Minnesota St. Johns Hospital (variety of inedical clinics) High turnover stall Low tumover stall Coon Rapids, Minnesota Mercy Hospital Stall size Stall depth can be reduced to 18' at curb condition Woodbury, Minnesota Woodwinds Health Campus, Allina Clinic 300 sf/stall - maneuvering / clearance Associated minimum aisle Shakopee, Minnesota St. Francis Regional Medical Center Full size stall Arden Hills, Minnesota Full size stall Blaine, Minnesota Full size stall at curb Full size stall nose to nose New Hope Minnesota Full size stall Spring Lake Park Minnesota Full size stall St. Paul Area United Hospital, Regions Hospital St. Joseph's Hospital; Children's Hospital Minneapolis Area Abbott Northwestern Hospital Sister Kenney Institute; Children's Hospital Stall Dimensions Aisle 9' x 18' 24 Stall Dimensions Aisle 8.5' x 18' 25' Stall Dimensions Aisle io� X i8� Z�i� 9.5' x 18' 24' Stall Dimensions Aisle 9' x 20' 24' Stall Dimensions Aisle Minimum stall size 9' x 20' 25' Stall Dimensions Aisle 9' x 20' 24' Stall Dimensions Aisle 9' x 18' 24' Stall Dimensions Aisle 9' x 18' 24' 9' x 20' 24' Stall Dimensions Aisle 8'-9" x 19'-0" 24' Stall Dimensions Aisle 9' x 20' 24' Stall Dimensions Aisle 9' x 20' 20' 8' x 16' Stall Dimensions Aisle 9' x 20' 24' ■ Mohagen/Hansen Architectural Group �� , 0 � � � CfTY OF FRIDLEY TO: FROM: SUBJECT: rL�'I_ � � '�_�_� �_11J CITY COUNCIL MEETING OF NOVEMBER 3, 2003 WILLIAi�1 W. BURIYS, CITY MANAGER t�'l� �� RICHARD D. PRIBYL, FINANCE DIRECTOR GREG TIREVOLD, SPECIAL ASSESSMENTS RESOLUTION ADOPTING THE ASSESSMENT FOR THE 2003 STREET IMPROVEMENT PROJECT NO. ST. 2003-1 DATE: October 20, 2003 Attached you will find the final assessment roll for the 2003 Street Improvement Project No. St. 2003-1 along with the Resolution to adopt the assessment. The Public Hearing for this assessment was opened on October 27, 2003 and continued to November 3, 2003. This project included 134 properties. The assessment will be for 10 years at a rate of 6.5%. RDP/gt Attachment . 0 55 RESOLUTION NO. -2003 RESOLUTION ADOPTING ASSESSNIENT FOR THE 2003 STREET IMPROVEMENT PROJECT NO. 2003-1 WHEREAS, pursuant to proper notice duly given as required by law, the council has met and heard and passed upon all objections to the proposed assessment for the 2003 Street Improvement Project No. 2003-1. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FRIDLEY, MINNESOTA: Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. Such assessment shall be payable in equal annual installments extending over a period of ten years, the first of the installments to be payable on or before the first Monday in January, 2004, and shall bear interest at the rate of 6'/2 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2004. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 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 treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he may, at any time thereafter, pay to the city treasurer 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 next succeeding year. The Finance Director shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF NOVEMBER, 2003. ATTEST: DEBRA A. SKOGEN - CITY CLERK SCOTT J. LUND - MAYOR 56 . � r � AGENDA ITEM aTMOF CITY COUNCIL MEETING OF NOVEMBER 3, 2003 FRIDLEY INFORMAL STATUS REPORTS 57