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11/21/2005 - 6074.,,• � , FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 2005 � y, ' = CffY 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. ��L`-'G' �� zr. APPROVAL OF PROPOSED CONSENT AGENDA: �:�u�2 .- 7 � � � CONGRESSIONAL UPDATE: U.S. Representative Martin O. Sabo APPROVAL OF PROPOSED CONSENT E A: � �,�/�� APPROVAL OF MINUTES: � � ��,�'" � City Council Meeting of November 7,�2005 OLD BUSINESS: O !� `� j� �� 1/+ 1. Second Reading of an Ordinance Amending Chapter 220 of the Fridley City Code, Residential Rental Property Maintenance and Licensing Code, as it Pertains to Reinspection Fees ............................. 1 - 2 2. Second Reading of an Ordinance Amending Chapter 104 of the Fridley City Code Pertaining to Diseased Tree Removal Assessment �°Fes ........ ......................... 3 - 4 �� `1 � �►' ��2` P � � �� NEW BUSINESS: 3. Receive the Minutes from the Planning Commission Meeting of November 2, 2005 ........... 5- 20 4. Resolution Receiving the Feasibiliry Report and Calling for a Public Hearing on the Matter of Construction of Certain Improvements: Neighborhood Street Improvement Project No. ST. 2006 -1 ...............%�,,... .......... 21 - 23 vi� 5. Resolution Abating a Portion of the Assessment for Certain Properties within the 2 05-1 Street i Improvement Project .......... .. ....... 24 - 27 � M�'�;.''�;�� I��,' �`��V�� ' :� j lu� � 2 NEW BUSINESS (CONTINUED): 6. Resolution in Support of an Application for a Minnesota Lawful Gambling Premise Permit for Fridley Lions Club (Joe DiMag io's) (NVard 2) ..................... .. ...... 28 - 29 7. Resolution Authorizing an Increase in Compensatior and Changes in Certain Be fits for the 2006 Calendar Year ................. . �...... 30 - 31 8. Claims ................................... 32 Licenses ................................... 33 - 34 10. Estimates ................................... 35 ADOPTION OF AGENDA. �� 1 �� a� � � � �-- OPEN FORUM IVISITORS): Consideration of Items not on Agenda -15 Minutes PUBLIC HEARINGS: . 8_� �Z /ks-�k'�l9'�-' 11. Conside�ation of an Ordinance to Amend the City Code of the City of Fridley, Minnesota, by Making a Change in Zoning Districts (Rezoning Request, ZOA #05-04, by Peter Borman to Rezone Multiple Properties from R-3, Multi-Family, to R-1, Single Family, Generally Located at 100, 104, 108, 112, 116, 120, 124, 128 and 132 River Edge Way) (Ward 3) ............. 36 - 42 ►Z�� °�o; �, l� ^�,l,e�(R�- ,.. , y . n �• FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21. 2005 PAGE 2 PUBLIC HEARINGS CONTINUED • B//.� 6�A�°� NEW BUSINESS (CONTINUED): �n��-. , / � 12. Consideration of an Ordinance Creating 18. First Reading of an Ordinanc�e,Amending Chapter 205.32, 0-7, of the Fridley City Chapter 205 of the Fridley City Code Code Pertaining to Shoreland Overlay Pertaining to Front Yard and Side Yard District ............................... .. 43 - 58 Setbacks in the S-1, Hyde Park District G{�S' � : �` � S � � &�,�c�e�/� ��}- (Zoning Text Amendment, ZTA #05-03, �� by the City o�f Fr� y) ......�.�.... 93 - 94 g � 5 �� ;��-- � ,r►��' � �� .. . �- � / / 13. Consideratior�f an Ordinance Under Section 12.06 of the City Charter Declaring Certain Real Estate to be Surplus and Authorizing the Sale Thereof, Generally Located at Glen Creek Road and Logan Parkway (Ward 3) ..... 59 - 61 cL� 5' � 1�=��y�g 1 ��/a-�t� o�� tr o�. �-�/�� 14. Consideration of an Ordinance Under Section 12.06 of the City Charter Declaring Certain Real Estate to be Surplus and Authorizing the Sale Thereof, Generally Located at Ely Street and Liberty Street - (War 3) ................................... 62 64 19�Vacation Request, SAV #05-01, by Blue Print �� ` Homes, Inc., to Vacate Portions of 57�' Place, 58t" Avenue and 59"' Avenue, Lying Easterly �, �1 � of 3rd Street and Terminating at the University �.� �,5� Avenue Right-of-Way, to Accommodate the c�X` ° Replat for the Gateway West Redevelopment � � Project ........................ .......... 95 -104 20. c �os��o � l�, a -� � ��,r-w/� �A- �' Q,bs�� ; OLD BUSINESS: I� 1 ./ �I � .P�- � 15. Second Reading of an Ordinance Amending Chapter 11 of the Fridley City Code Pertaining ,� �'�' to Pawn Shop Transaction Fees ........ 65 - 86 ,�9-� : ��,^��IA�pc 21. �n 1� S �' � � �,�,,,,,.�-�,�'�.�' NEW BUSINESS: � �� ) y�r� n�"';�; ^��\ � , ,�.(�'� �k " �" `� ��` � � � ,�,� P ,� ��, Preliminary Plat Request, PS #05-08, by Blue Print hlomes, Inc., to Replat Portions of Block 2, City View Addition, and Blocks 12 and 28, Hyde Park Addition, to Create 16 New Single Family Lots for the Gateway West Redevelopment Project, Generally Located at 271 and 281 — 57"' Place, 5740 University Avenue and 5917 through 5955 3`� Street y.l� .................:..... 105 -112 'P �1�-�,��, � - ° � s `� �� e � 16. First Reading of an Ordinance Under Section 12.06 of the City Charter Declaring � 1� Certain Real Estate to be Surplus and Authorizing the Sale Thereof, Generally Located at Glen Creek Road and Logan 22. Parkway (Ward ) . .......... ......... ........ 87 - 89 f�,�lle,��A&�' � f Ctl�Si�l�jon ) 1 / 17. First Reading of an Ordinance Under Section 12.06 of the City Charter Declaring Certain Real Estate to be Surplus and Authorizing the Sale Thereof, Generally Located at Ely Street and Liberty Street (VVard 3) �....�.�../.��./ff"��9� -I ��`�"��ti � � l Approve Modifications to Special Use Permit SP #04-06, by the Islamic Center of Minnesota, to Allow the Expansion of the Existirtg Private School and Approve a Twelve-Month Extension, Generally Located at 1401 Gardena Avenue (VVard 2) ................................. 113 -122 � 1� z � �.S,e-e-�-Z ) i �- 1 f3 , � �'s � ( S-c.e �S> lnformal Status Reports ....... ...... . 123 � � 3� � �� g�� ; �` �� Q�,�� f ' �� k `'1 � l '� JRN. �,�� i�.�c��( ,, �; ��,�--/r��- �. � � CffY OF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 2005 T:30 p.�. - City Council Chambers Attendance Sheet m > ALFASF AR/MT MAMF, AaURFSS ANU /1'�M NUMB�R YOU ARF /MTFRFST�'D /M. � � CffY OF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 2005 ?:30 p.m. - City Couacil Chambers Attendance Sheet AL�AS� AR/MT NAMF, ADflR�SS AIYO /iFM MUMBFR YOU ARF /NTFRFSTi.�D /N. Print Name �Clearly) Address Item N�. �w 1 �` SS �� s � � � �L /_ �, �'�"n : �,..�i � � � `% 7 - l�C.�-a(-��'I �-�--�' �_ c��.IUL� ✓� (�'w..� L��..r �. lS�i i�w ��.��' -, � iK,,,►;� -�- , ;,` ,� �'�� "* ..� � �=' << 5�� c�/ � -' �%� ' � : � , , �3� � , � �f �' , ' �— � ��',l� � � � 5 0 �,..�r. ,� .�� , �' � .,�,.• � �� r� tL�� '�---� �- ��. � I`�-�- c� Z z LC — y2 o�s�i M �-,r � � �. l y �p ,�,'�{.- e � � �.-� � � ��- w. � �� /��- '� ,,- �� . _ � � �t �� .�' ��}C �/�'�-. ►�� ,,� �'` t S U ? � S�- �k � ,�� CffY OF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 2005 7:30 p.m. - City Council Chambers Attendance Sheet ALFASF PR/IYT NAM�, AD�RFSS AIYU /TFM NUMB�R YaU ARF /NTFRFST�'D /N. Pr�n�; Name �Clearlg� Address it�m Nr�: ' : : 33'*� 1.1a�au►�.ry Zl IZ.�+1 !s� t R_.l A� T.�J 2-» — 4.2.L� 2e�G �n'=J J� AP7�(c ! O r,,� �l. .� �� e V� A L c 5 S` o�S �iRk ��H�l��j- l',z7o ,�rV�w�Lv �CY1R_ T`lZr7�G�``� �� C, �� r��c� C� t C-fC� ��' , I� - d le �� ; � !� �' r �� C 1, �7 y-��: ,� � ' i- �� `5� "��' - i� r Y �e w�� c Z --!� Q.� �� u �� f�o 7/��NI.� DGC �,�� i a � t—r � '� � !' C �. f h ��/ -. �e; 1`� ��L�, 11 z �i;vrY �d � �� !j r/� � ! i I�"� � �1 C7 ��O 'J 1 �-`N/'l�iso � � 2. /V C `Z �� L.� vC.�>� L�s l�ll l; : vcf r`�.� %r%✓-,_- � �Z ,, ,_ -_�� , ; _ , ; -, �i�� T � i� � � ►�,.o_ S No Il� � L�L� .T ; , �� b� 6�55�° �`ve� � a sl _ �. � L..._. 5 ►c� ►�o � e ; � .1/�e lS-� � � I ,`�2 ,',� ��:�� t v.� � � 2 v � �v S`L h : � 5 �i �� i� G �C /�lv� . � Q�°'iC,4�� c-� � �� fc �c�� I � � - � '`7 / /f y �, � � � � � �� 5 YJ ��(i(� IG � r 6 a r � � � � CITY COUNCIL MEETING OF NOVEMBER 21, 2005 CffY 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. CONGRESSIONAL UPDATE: U.S. Representative Martin O. Sabo APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of November 7, 2005 OLD BUSINESS: Second Reading of an Ordinance Amending Chapter 220 of the Fridley City Code, Residential Rental Property Maintenance and Licensing Code, as it Pertains to ReinspectionFees ............................................................................................. 1 - 2 2. Second Reading of an Ordinance Amending Chapter 104 of the Fridley City Code Pertaining to Diseased Tree Removal Assessment Fees ................................................... 3- 4 FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 2005 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: 3. Receive the Minutes from the Planning Commission Meeting of November 2, 2005 ......................................................................... 5- 20 4. Resolution Receiving the Feasibility Report and Calling for a Public Hearing on the Matter of Construction of Certain Improvements: Neighborhood Street Improvement Project No. ST. 2006 — 1 ................................................................................................... 21 - 23 5. Resolution Abating a Portion of the Assessment for Certain Properties within the 2005-1 Street Improvement Project ....................................................................................... 24 - 27 6. Resolution in Support of an Application for a Minnesota Lawful Gambling Premise Permit for Fridley Lions Club (Joe DiMaggio's) (Ward 2) ................................................. 28 - 29 7. Resolution Authorizing an Increase in Compensation and Changes in Certain Benefits for the 2006 Calendar Year....................................................................................................... 30 - 31 8. Claims ....................................................................................................... 32 9. Licenses ....................................................................................................... 33 - 34 10. Estimates ....................................................................................................... 35 FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 2005 PAGE 3 ADOPTION OF AGENDA. OPEN FORUM (VISITORS): Consideration of Items not on Agenda — 15 Minutes PUBLIC HEARINGS: 11. Consideration of an Ordinance to Amend the City Code of the City of Fridley, Minnesota, by Making a Change in Zoning Districts (Rezoning Request, ZOA #05-04, by Peter Borman to Rezone Multiple Properties from R-3, Multi-Family, to R-1, Single Family, Generally Located at 100, 104, 108, 112, 116, 120, 124, 128 and 132 River Edge WaY) �Ward 3) .............................................................................. 36 - 42 12. Consideration of an Ordinance Creating Chapter 205.32, 0-7, of the Fridley City Code Pertaining to Shoreland Overlay District ......................................................... 43 - 58 13. Consideration of an Ordinance Under Section 12.06 of the City Charter Declaring Certain Real Estate to be Surplus and Authorizing the Sale Thereof, Generally Located at Glen Creek Road and Logan Parkway (Ward 3) ........................................................................................... 59 - 61 FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 2005 PAGE 4 PUBLIC HEARINGS (CONTINUED): 14. Consideration of an Ordinance Under Section 12.06 of the City Charter Declaring Certain Real Estate to be Surplus and Authorizing the Sale Thereof, Generally Located at Ely Street and Liberty Street (Ward 3) OLD BUSINESS: ....................................................................................................... 62 - 64 15. Second Reading of an Ordinance Amending Chapter 11 of the Fridley City Code Pertaining to Pawn Shop Transaction Fees ..................................................................... 65 - 86 NEW BUSINESS: 16. First Reading of an Ordinance Under Section 12.06 of the City Charter Declaring Certain Real Estate to be Surplus and Authorizing the Sale Thereof, Generally Located at Glen Creek Road and Logan Parkway(Ward 3) .......................................................................................... 17. First Reading of an Ordinance Under Section 12.06 of the City Charter Declaring Certain Real Estate to be Surplus and Authorizing the Sale Thereof, Generally Located at Ely Street and Liberty Street (Ward 3) ...................................................................................................... 18. First Reading of an Ordinance Amending Chapter 205 of the Fridley City Code Pertaining to Front Yard and Side Yard Setbacks in the S-1, Hyde Park District (Zoning Text Amendment, ZTA #05-03, : :• 90-92 by the City of Fridley) ...................................................................................... 93 - 94 FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 2005 PAGE 5 NEW BUSINESS (CONTINUED): 19. Vacation Request, SAV #05-01, by Blue Print Homes, Inc., to Vacate Portions of 57t" Place, 58t" Avenue and 59t" Avenue, Lying Easterly of 3rd Street and Terminating at the University Avenue Right-of-Way, to Accommodate the Replat for the Gateway West Redevelopment Project....................................................................................................... 95 - 104 20. Preliminary Plat Request, PS #05-08, by Blue Print Homes, Inc., to Replat Portions of Block 2, City View Addition, and Blocks 12 and 28, Hyde Park Addition, to Create 16 New Single Family Lots for the Gateway West Redevelopment Project, Generally Located at 271 and 281 — 57t" Place, 5740 University Avenue and 5917 through 5955 3rdStreet ....................................................................................................... 105 - 112 21. Approve Modifications to Special Use Permit SP #04-06, by the Islamic Center of Minnesota, to Allow the Expansion of the Existing Private School and Approve a Twelve-Month Extension, Generally Located at 1401 Gardena Avenue (Ward 2) ................................. 113 - 122 22. Informal Status Reports .................................................................................. 123 ADJOURN. CITY COUNCIL MEETING CITY OF FRIDLEY NOVEMBER 7, 2005 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:34 p.m. PLEDGE OF ALLEGIANCE: Mayor Lund led the Council and audience in the Pledge of Allegiance to the flag. ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmember-at-Large Barnette Councilmember Billings Councilmember Bolkcom MEMBERS ABSENT: Councilmember Wolfe OTHERS PRESENT: William Burns, City Manager Fritz Knaak, City Attorney Scott Hickok, Community Development Director John Berg, Fire Chief Brian Weierke, Police Captain Dave Prois, Police Sergeant APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of October 24, 2005 APPROVED. OLD BUSINESS: 1. Second Reading of an Ordinance in the City of Fridley, Minnesota, Amending the Fridley City Code to Provide a New Section 405A for the Purpose of Granting, Pursuant to Section 10 of the Fridley City Charter, a Franchise to Time Warner Cable for the Purpose of Providing Cable Services Within and for the City and its Residents; and Adopt Official Title and Summary Ordinance. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 7, 2005 PAGE 2 Dr. Burns, City Manager, stated the major terms of the agreement include a 15-year franchise; a franchise fee of 5 percent of gross revenue; bundling language which assures us that the discounts for other Time Warner services will not be any less than the discounts for cable television; provisions that gross revenues do not include bad debt; a$25,000 performance bond; and a one-time grant of $450,000 for public access cable equipment. The City has released Time Warner from their requirement that they provide a public access studio and local origination programming. Time Warner is to maintain I-Net as it is currently used. The I-Net is a connection for the District 14 buildings. Time Warner is also to provide coaxial cable between the Municipal Center and both the public works compound and the Commons Park filtration plant. We are moving from four PEG channels to three PEG channels in exchange for 20 hours per month of On Demand capacity. We also have the ability, under certain terms and conditions, to recover the fourth channel. There is a list of customer service standards based on the SEC requirements, and these include an office within ten miles of Fridley. Staff recommends that Council waive the second reading and adopt the ordinance and the summary ordinance and order publication. WAIVED THE SECOND READING OF THE ORDINANCE AND ADOPTED ORDINANCE NO. 1210 AND SUMMARY ORDINANCE NO. 12105 AND ORDERED PUBLICATION. 2. Second Reading of an Ordinance Amending Chapters 11, 602, 603 and 606 of the Fridley City Code Allowing Tournaments of Card Games of Social Skill; and Adopt Official Title and Summary Ordinance. Dr. Burns, City Manager, stated this ordinance allows tournaments of card games of social skill in places serving alcoholic beverages. The first reading of the ordinance was approved on October 24, 2005. Staff recommends that Council waive the second reading and adopt the ordinance and the summary ordinance and order publication. WAIVED THE SECOND READING OF THE ORDINANCE AND ADOPTED ORDINANCE NO. 1211 AND SUMMARY ORDINANCE NO. 1211 S AND ORDERED PUBLICATION. 3. Second Reading of an Ordinance Amending Chapters 601, 602, 603 and 606 of the Fridley City Code Creating Administrative Offenses; and Adopt Official Title and Summary Ordinance. Dr. Burns, City Manager, stated this allows administrative penalties for license holders who have sold alcoholic beverages illegally to underage drinkers. Under the ordinance, penalties may be levied against license holders, as well as individual sellers. The ordinance is intended to hold FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 7, 2005 PAGE 3 license holders accountable as well as provide timely and cost-effective enforcement options. The ordinance will be administered by the City rather than the court and will provide an alternative to criminal prosecution. It will not, however, necessarily exclude criminal prosecution if that is the selective remedy or course of action for the person being charged. Council approved the first reading on October 24. Staff recommends that Council waive the second reading and adopt the ordinance and summary ordinance and order publication. WAIVED THE SECOND READING OF THE ORDINANCE AND ADOPTED ORDINANCE NO. 1212 AND SUMMARY ORDINANCE NO. 12125 AND ORDERED PUBLICATION. NEW BUSINESS: 4. First Reading of an Ordinance Amending Chapter 104 of the Fridley City Code Pertaining to Diseased Tree Removal Assessment Fees. Dr. Burns, City Manager, stated this ordinance allows the addition of administrative-related costs to assessments for diseased tree removal. The new language replaces a$25 fee with language that would allow the City to assess administrative costs. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 5. First Reading of an Ordinance Amending Chapter 220 of the Fridley City Code, Residential Rental Property Maintenance and Licensing Code, as it Pertains to Reinspection Fees. Dr. Burns, City Manager, stated a discrepancy between the fees designated in Chapter 220 and Chapter 11 was corrected by establishing the fees as those designated in Chapter 11. These fees would apply to reinspection fees, fees related to the denial of the license, and fees related to the transfer of a rental license. Staff recommends Council's approval. WAIVED THE READING AND APPROVED THE ORDINANCE ON FIRST READING. 6. Receive the Minutes from the Planning Commission Meeting of October 19, 2005. RECEIVED. 7. Adopt the 2005-2006 City of Fridley Snow Removal Plan. APPROVED. 8. Resolution in Support of an Application for a Minnesota Lawful Gambling Premise Permit for CLIMB Theater (AMF Bowling Centers, d/b/a Maple Lanes, 6310 Highway 65) (Ward 2). FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 7, 2005 PAGE 4 Dr. Burns, City Manager, stated the renewal will run from March 1, 2006, to February 28, 2008. Staff has reviewed the history of this permit holder and finds no reason not to renew. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2005-66. 9. Appointment — City Employees. APPROVED THE APPOINTMENT OF RICHARD PERRON TO THE PUBLIC SERVICES WORKER-PARKS POSITION, BRIAN BENESCH TO THE PUBLIC SERVICES WORKER-STREETS POSITION, AND NICHOLAS KNAEBLE TO THE PATROL OFFICER POSITION. 10. Claims (123853 —124055) APPROVED. 11. Licenses. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 12. Estimates. APPROVED THE FOLLOWING ESTIMATES: Park Construction 500 — 73rd Avenue NE Fridley, MN 55432 University Pond FINAL ESTIMATE $ 6,854.50 Palda & Sons, Inc. 1462 Dayton Avenue St. Paul, MN 55104 2005 Neighborhood Street Improvement ProjectNo. ST 2005 - 1 Estimate No. 6 $333,226.39 Councilmember Bolkcom requested that Items 4 and 11 be removed and placed on the regular agenda. MOTION by Councilmember Barnette to approve the consent agenda as presented with the removal of Items 4 and 11. Seconded by Councilmember Bolkcom. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 7, 2005 PAGE 5 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF AGENDA: MOTION by Councilmember Bolkcom to approve the agenda with the addition of Items 4 and 11. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM (VISITORS): There were no comments. PUBLIC HEARINGS: 13. Consideration of an Ordinance Amending Chapter 205 of the Fridley City Code Pertaining to Front Yard and Side Yard Setbacks in the S-1, Hyde Park District (Zoning Text Amendment, ZTA #05-03, by the City of Fridley). MOTION by Councilmember Bolkcom 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 PUBLIC HEARING OPENED AT 7:48 P.M. Scott Hickok, Community Development Director, stated this is a text amendment for the Hyde Park neighborhood relative to front and side yard setbacks. The Gateway West projects have spurred an interest in reducing the front yard and side yard setback requirements in the Hyde Park District. As a result, staff determined it was time to modify the Hyde Park front yard setback requirements to match those of the R-1 Single Family District standards that were changed several y�ears back The change is proposed for the S-1 Hyde Park District, which is the area between 57t Place, south of 61st Avenue, and between Main Street and University Avenue. The proposed changes will reduce the front yard setback for new homes built from 35 feet to 25 feet. It would also allow existing homes to put front porches and other features on the front of their homes and allow a reduced side yard setback from 10 feet to 7.5 feet on both sides of the residential property. The side yard setbacks would apply to new construction only. The Planning Commission held a public hearing on this item on October 19. There was some discussion but public objection, and the Commission unanimously recommended approval. Councilmember Bolkcom said the main reason this is happening was to make the area similar to the rest of the City. Mr. Hickok replied that is correct. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 7, 2005 PAGE 6 Councilmember Bolkcom asked if it also put some of the homes that are on smaller lots in conforming status. Mr. Hickok replied that would likely be the case for a number of homes in that area. Historically, they have taken a look at zoning as it relates to the land and how it was configured and the homes there. This would allow more flexibility for homeowners and the front yard setback would be consistent with all single-family homes throughout the City. MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING CLOSED AT 7:51 P.M. NEW BUSINESS: 14. First Reading of an Ordinance Amending Chapter 11 of the Fridley City Code Pertaining to Pawnshop Transaction Fees. Brian Weierke, Captain, stated the Police Department has the responsibility of regulating pawnshops within the City of Fridley. The increase in business and expansion of pawnshops in the City have made it unrealistic for one detective to spend the necessary time investigating and regulating pawnshop-related cases. They believe that to adequately address the investigation portion of the pawnshops and to provide reasonable regulation, it would easily consume the time of one full-time police officer. A more proactive approach in reasonably regulating the pawnshops would serve to better prevent other criminal activity occurring within our community. A survey of other communities shows their transaction fees range from $1 to $3 per transaction. Annual fees ranged from $210 to $10,000 per year. The 2005 Council/Commission Survey revealed a favorable response to the proposal if the costs associated with the pawnshop investigative position could be supported. In July 2005 staff inet with representatives of both pawnshops to explain the proposed plan. Captain Weierke stated this proposal is an amendment to Chapter 11 of the City Code that pertains to fees. The amendment will increase the current transaction fee from $1.50 to $3. It will also increase the reporting/manual entry penalties from $3 to $4 per transaction. Based on the 2006 transaction estimate, they believe that the transaction fee of $3 will result in approximately $105,000, including the annual license fee, in revenue for the City of Fridley. Of that amount, $43,000 is paid to the Automated Pawn Service for their electronic monitoring service of the pawnshops. The remaining $72,000 in revenue would be used to offset the cost of the salary and benefits of a full-time investigator. The Police Department would then hire an additional licensed police officer to replace the investigator. Staff recommends the first reading of the ordinance. The second reading would be held on November 21, 2005. Councilmember Bolkcom asked if there was an increase in transactions from last year to this year. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 7, 2005 PAGE 7 Captain Weierke said with increased business and expansion of the pawnshops, transactions have risen every year. He stated the projected number for 2005 is approximately 32,000 and that was based on what they have seen through increases in the year. Councilmember Bolkcom asked what it was last year. Captain Weierke said it was 24,200 in 2004. Councilmember Bolkcom asked if he could explain what an investigator would do and why we need a fee of $3 per transaction. Dave Prois, Sergeant, said they did have a job description. First, it would be to oversee the day- to-day operations of the pawnshops, whether it is just to make sure that at opening and closing times, the reporting to the APS system is being done. They would also initiate and assist in investigations involving a pawnshop and its client. This is a general term, but to be more specific, it would deal with things like with confiscated items. When they get a police report on a burglary, for example, they enter the items into a national computer which also shows up on the APS system. If the item is at a pawn shop, they would confiscate it. According to City ordinance, they can charge whoever pawns an item that does not belong to them and issue a citation. In 2004, they had 272 cases in which they issued a confiscation letter to pawnshops. So far this year, they have had 235 cases. of just pawning items that did not belong to them. It would then generate the course that they have to issue a citation. In their records right now, because of the backlog, they only have about 30 to 40 people who have been charged. Another thing an investigator would need to do is compliance checks. According to an APS contract with the pawnshop and our own City ordinance, the Police Department has to take an item they report, find that item at the pawnshop and make sure it is described accurately on the pawn system. They also have to monitor billing problems, frequent pawners, and other minor problems. Mayor Lund asked if there were any other two businesses in the City of Fridley that would require the need for a full-time police officer. Sergeant Prois replied the APS actually gets a$1 of every transaction. At the current rate, 50 cents comes back to the City. Mayor Lund stated he just wanted to go on public record that he is just not happy with the pawnshops being in Fridley given the fact that they require a full-time police officer. He asked what the annual permit fee was for a pawnshop. Dr. Burns, City Manager, stated it was $3,000. Mayor Lund asked if the fee in other cities was anywhere from $210 to $10,000. Captain Weierke replied, that is correct. Sergeant Prois said that both of the pawnshops have been very cooperative in any of their investigations. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 7, 2005 PAGE 8 Councilmember Bolkcom said they have discussed increasing the overall license fees, and felt this was a better way because this is actually going per transaction. Mayor Lund stated he agreed and said maybe they should do both. He asked about increasing the reporting/manual entry fee. Sergeant Prois replied pursuant to the original ordinance and State law, they have to have electronic reporting. So in case the pawnshops' systems went down or were not compatible with the APS, they would being the information to the Police Department to be manually entered and they would be charged a fee Mayor Lund asked what the fee was. Captain Weierke stated it is $3. He said they want to be consistent with what other cities are doing. It has not been much of a factor for the last couple of years. Councilmember Barnette asked if the pawnshop lends $200 for a Sony item and it turns out to be stolen and is confiscated, does the pawnshop lose that $200? Sergeant Prois said they would. If the Police confiscates the item, they do count the pawnshop as a victim and ask that the court award restitution. Councilmember Barnette asked about secondhand stores. Captain Weierke said they are looking at regulating secondhand stores in the City of Fridley. They are having some problems from time to time. Brad Gunn, Leonard, Street, and Deinard, approached and stated he is an attorney representing Pawn America regarding the proposed increase in the APS transaction fees. He submitted a letter. He said he cannot permit Mayor Lund's remarks to go unanswered. Pawnshops are lawful businesses that serve a legitimate public need and they are heavily regulated. He said they are well-run, good operations. Mayor Lund replied that he mentioned they are a legitimate business. He has been in the pawnshop. It was not satisfactory as far as he was concerned and he has never been back to one. Attorney Gunn asked whether it was a Pawn America. Mayor Lund stated it was the one that was at Moore Lake at one time. Attorney Gunn stated they are proud of the j ob that Pawn America does working with the police and in trying to reduce crimes. Without pawnshops and without the APS system they are a part of, the Police Department's would be much more difficult. He said the City of St. Paul, which actually has seven pawnshops as opposed to the two in Fridley, has one police officer who works 50 percent of the time on pawnshop-related issues. The other 50 percent of the time he works on other issues. He said he takes exception to the comment the City of Fridley requires a full-time officer because of the existence of two pawnshops. He stated the City currently charges $1.50 FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 7, 2005 PAGE 9 per transaction for an APS fee. Of that amount the City is paying 50 cents and $1 is paid to the City of Minneapolis for administering the APS. The current proposal is to increase that $1.50 fee to $3.00 per transaction, which is a 100 percent increase of what is being charged. It is a 400 percent increase in the funds that the City would be receiving from the APS charges. They have not seen any evidence that there is any reason or rationale for a 100 or 400 percent in the APS charges. There is certainly no evidence that the number of transactions have been increasing to 100 or 400 percent or the pawnshop-related offenses have increased 100 percent or 400 percent. The City's own estimates indicate that the total revenues from the two pawnshops are in excess of $100,000 a year, including the license fees and the APS fees. There is a proposal that the City use the $72,000 they are retaining from those receipts to hire a brand new police officer. He doubts that one officer is going spend 100 percent of his or her time simply working on pawnshops when there are as many enemies in the cities as there clearly are. The City, or people within the City, are trying to have these two businesses unfairly pay for the burden of hiring a new police officer. Attorney Gunn stated there is a fundamental misunderstanding about how APS works. It was created and administered by the City of Minneapolis as a means of making it more efficient to track certain goods and pawnshop-related crimes. Cities like Fridley are free to subscribe or not to subscribe to the APS system. He thinks Fridley correctly made a decision to subscribe because it is more efficient to have all the information available rather than manually sending police officers to the different pawnshops to try and see if there are any objects that match the description of stolen goods. The point is, the City makes the decision to subscribe. He said there is possibly some justification for paying that amount to the City of Minneapolis for administering the system, but there is no justification for charging an addition amount, because the APS system actually saves the City police time. It lowers their cost to use the APS system. Attorney Gunn stated Pawn America hands out loans to members of this community who may not be as prosperous as some of us are. In some loans, in amounts as small as $15, a$3 transaction fee is a big deal for those people. It is 20 percent with the additional cost, and is something that the government requires those people to pay. It is excessive and disproportionate. Attorney Gunn said his final point, which was addressed briefly, is that the APS fees are attached only to pawnshop transactions. He thinks the City is treating pawnshops differently and unfairly compared to other city businesses, and they believe that is wrong. In summary, they object to these proposed increases. The increase is excessive and unreasonable. It has not been properly documented. They see it as a revenue measure which, under the law, means it is an unlawful tax. They think that Pawn American and Cash-N-Pawn have been singled out for differential treatment, and that is wrong. Brad Rixmann, Chief Manager for Pawn America, approached and stated he would like them to know the APS was implemented in 1994. Pawn America has been in support of sharing data with law enforcement on products that their customers bring into their stores. They have always been in support of the Automated Pawn System. Unfortunately, it has become a revenue source for municipalities. This year they have completed 19,949 pawn transactions at their Pawn America store. They have had 83 confiscations out of those 19,949 transactions, which is .4 percent. Last year it was virtually identical, the year before it was almost identical, and the year FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 7, 2005 PAGE 10 before that. He does not remember when Fridley implemented the APS, but he believes it was somewhere between four to six years ago. To date the City has confiscated about $10,000 in items in his one store. He wanted to speak for the 2,500 residents of Fridley who are his customers. At Pawn America, they do not turn down a customer who wants to sell them one compact disk They spend a lot of money to get customers into their stores, and it is very expensive to look at a$2 transaction fee on top of a compact disk that they purchase for $1. They cannot afford to lose customers, so they cannot turn those customers down. They can go to a secondhand store which is unregulated by Fridley or other municipalities and complete the same transaction and not pay those municipalities anything. Several years ago they moved their store from Moore Lake Commons to the blighted property which was formerly United Stores' corporate office. They purchased that property for just under a million dollars and put more than a million dollars into it and spent $200,000 plus on soil contamination cleanup. In addition to the APS fees that the City would like them to pay, they pay $37,000 a year in property taxes. He cannot speak for his competitors and colleagues at Cash-N-Pawn but he is sure they pay an additional $13,000 themselves. He believes they have done a tremendous job. He was unaware of the issues that the Police Department has had in their stores. In many cases he is almost sorry to be calling the Police Department when an issue arises. He knows law enforcement has responded very quickly and helped them out, but those cases are being used against them this evening. He strongly recommends and requests that they do not move on this action. Councilmember Bolkcom said she personally has nothing against pawnshops. They do serve a purpose for people. She thought she heard that the Police Department has a good working relationship with them, but every transaction takes some time. She said she was a little confused regarding his comment that he feels calling the police is now being used against them. She thought they could get into a lot more trouble if they realize something is stolen and they are ignoring it. Mr. Rixmann said they are not inclined to purchase an item because they do not believe that the person bringing the item into their store is the true owner. In many cases, they will call law enforcement. He feels that this is the only place that he can see the increase in numbers. Councilmember Bolkcom stated they are not actually just police calls, they were records related to some other City. There are so many transactions, she does not believe it is related to the number of police calls that he has had to his establishment. It is more related to how many transactions and what it takes. She thought the idea was to work together, but it does take police time. Mr. Rixmann stated the Automated Pawn System was designed to make the whole process more efficient and allow law enforcement in multiple jurisdictions to be able to access the system on transactions which occur in secondhand goods stores and pawn stores. He thinks what may happen is some municipalities choose to not subscribe to the Automated Pawn System and, because they do not subscribe to it, if they think that something is missing they call the Fridley Police Department. The Fridley Police Department, out of goodwill and in working with other jurisdictions, looks at the Automated Pawn System for whatever municipality. Other municipalities can certainly subscribe to the Automated Pawn System, and can put items on police hold, and come into their stores and confiscate items without ever getting the City of FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 7, 2005 PAGE 11 Fridley Police Department directly involved, outside of notifying them via e-mail or some other automatic process which is completed in the APS software. Sergeant Prois stated he believe the APS was first put together by Minneapolis police officers to actually regulate the industry of pawnshops. It is not solely to make police work easier. It was actually to calm down the criminal activity that was going on in pawnshops. He said he ran some reports today on Pawn American and from January 1 through December 31, 2004, 155 items were confiscated from Pawn America and all were from APS. From January 1 through November 7, 2005, 143 items have been confiscated. Councilmember Bolkcom asked about other cities not subscribing to the system and calling Fridley and asking them to investigate something. Sergeant Prois said there is a City ordinance that says it is against the law to pawn something that does not belong to you. What happens is if another city calls the Fridley Police Department and says they are going to come and confiscate an item from Pawn America, because his job requires it, he tells them to send information such as a police report that states the item that city is looking for actually belongs to someone else. They then have to start a police report and an investigation and in fact may end up charging that person. He agreed that the shops have been cooperative. Mr. Rixmann asked if they were aware that many of those items are returned to their store because they are found not to be stolen. He did not think that was something that went through the APS. Sergeant Prois stated on a case-to-case basis, the only thing he has to go with is the information that APS gives them. On another issue, he asked Mr. Rixmann if he was aware of how many transactions are in St. Paul. Mr. Rixmann stated quite a few more than in Fridley. Sergeant Prois asked if he had their numbers. Mr. Rixmann replied he could get them. Sergeant Prois stated when he talked to Sergeant Simmons he stated that most of his time is spent working at the pawnshops. His job description shows that he does some type of vice work, but when you talk to him personally you find out he is actually contributing all of his time for clerical help in his office that is contributed just to pawnshops. Mr. Rixmann stated he believed in a deposition recently that Detective Simmons stated that the number was quite a bit less. In fact, the administrative office for the City of St. Paul spent about 15 percent of their time just working on the billing process. Dr. Burns asked if they had considered a percentage transaction fee as opposed to a flat fee. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 7, 2005 PAGE 12 Sergeant Prois replied the one thing they have not addressed when talking about billing transactions is that is not the total amount of transactions happening at the pawnshop. There are quite a few things that they do not bill. Councilmember Bolkcom asked if he bought a CD from him, would he be charged the $3 fee. Mr. Rixmann said he would be charged. They call that a purchase transaction. Next year their fees will be $72,000 plus $37,000 in property taxes. That is almost $110,000 that they will pay either directly or indirectly to the City of Fridley. Councilmember Barnette asked with respect to liquor licenses, is every liquor license the same amount of money. Captain Weierke replied he was not sure exactly what the City charges per liquor license. Councilmember Barnette stated you have this place that has a liquor license which is charged "X" number of dollars for a license and there is this other liquor establishment and they are not the same, why are they not the same? Is it because one establishment has created more police calls than another establishment? Is that not some of the basis for the license fees? Captain Weierke replied to be fair to the pawnshops, they kept their annual license fee and the per transaction fee the same for both. Pawn America does substantially more transactions than Cash-N-Pawn. They did not want to punish either one, so that is why they did it per transaction. Mayor Lund stated from his view it is not about trying to get more revenue from the pawnshops for the City. He said he was initially upset when the request for a full-time police officer was made. He did not want to consider adding another officer or employee. It is an added expense to the City's budget and to the taxpayers. Mr. Rixmann said he pays a high amount of property taxes. He said he also owns a business in Fridley and pays taxes, too. His business does not generate the amount of police activities that pawnshops do. It is not about trying to raise fees to gather more tax dollars. Mr. Rixmann stated they have reported to the Automated Pawn System for many years and report everything that comes into their store. Mayor Lund asked if he thought the data they submit is pretty thorough. Mr. Rixmann replied it was. He feels bad that there may be some issue with the data because he is not aware of law enforcement ever contacting them. This is the first that he and his Chief Operating Officer have heard of it. He wants to continue the great working relationship that they have with the City of Fridley. He said most cities use an administrative officer or someone in a clerical position. You do not need a detective to perform these duties; $72,000 is very excessive. Captain Weierke replied a police officer has to sign the tickets for confiscated items in violation of City ordinances. Some of the cases can take up to a day for a detective to do. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 7, 2005 PAGE 13 Mayor Lund said Mr. Rixmann spoke about administrative people in the office that can do a lot of the work , but this also takes time. Mr. Rixmann said Minnesota Statute §325(j) states that municipal law enforcement can designate individuals who are not officers to perform these transactions. Mr. Weierke stated the amount of $72,000 would provide the officer. Right now they do have a clerical person who spends part of her day doing the clerical part. They assumed with the passage of this ordinance that they would absorb the clerical work. Sergeant Prois said the one thing they have not really touched on is taking in guns and running his eBay service through Pawn America in Fridley. Mr. Rixmann stated all the items they sell through eBay or on gunbroker.com have been purchased through other stores, and all of their stores report through the Automated Pawn System. So if they move an item from another store up to their E-Commerce department, that is a transaction that has already been run through the Automated Pawn System. Sergeant Prois said that one of the things that Sergeant Mike Simmons from St. Paul told him was he inspects every single weapon that comes into one of the pawnshops in St. Paul. If they looked at that type of policy here, that would take care of the whole time right there and that has to be done by a law enforcement officer. Mr. Rixmann replied he believed that the Bureau of the Alcohol and Tobacco and Firearms comes in and regulates those transactions. They come in and inspect their store and go through all of their gun logs every year. He believed that the federal government is already performing that transaction for the City. Attorney Fritz Knaak, City Attorney, stated he is looking at Minnesota Statute §325(j). He is trying to find out where it is Mr. Rixmann is saying that police can use someone other than licensed police officers. Councilmember Billings stated to Mr. Rixmann he seems to be running a pretty good ship. He thinks he is building quality buildings which tend to enhance their image and the image of the industry. He also noticed this year that they are diversifying. He said he thinks this is an unfair tax because they are trying to raise more revenue than what they anticipate it is going to cost them to administer this statute. The Chief of Police has made a decision that he feels it is in the best interest of the persons of Fridley, the State of Minnesota, and Mr. Rixmann's business to benefit from greater oversight of the industry in the City of Fridley. He thinks one of the areas that is causing him some concern is all of the guns that are being done in Fridley. He is fearful that it is going to be a greater problem for the Police Department. A decision was made to have a full-time officer do this, and the anticipated cost is $72,000. They have a contract with the City of Minneapolis that says every APS deal costs the City one dollar. They can take a look at that and the possibility of renegotiating the contract with Minneapolis. They can look at the E- transactions and whether or not they are transactions that Fridley needs to be charging $4. They can take a look at gun transactions and the need to charge. Currently under our existing City FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 7, 2005 PAGE 14 Code, it says that we are going to charge for them. They can take a look at that, and if it turns out that there is something that they do not need to be doing, they will change that portion of the ordinance and eliminate the fees. The Police Chief has made the determination that he thinks we should have someone full-time. A full-time officer is expensive. Would that police officer ever be used on anything other than pawnshops? If he is the only officer in the department because they do not have a lot of detectives and if a citizen calls in and a clerical person answers and they are insisting on talking to a police officer, might the clerical person direct the call to that officer? Yes, it is going to happen. The idea, though, is that they are going to be spending full-time on pawn and occasionally do something different. Is it going to benefit the citizens of Fridley? We hope so. Should they be charging these things on a sliding scale such as when they pawn this much, the fee is this much? Sure, something could be worked out. It is more of an administrative burden, and the cost is really the cost of investigating each transaction. There is just as much work to check out a$25 transaction as there is to check out a$2,500 transaction. Should the base license fee for businesses be raised rather than the transaction fee? They have one business that does four times the amount of business per year as the other business. So they should probably do it on a transaction basis. Councilmember Billings stated with respect to secondhand businesses, they have a company in town that sells secondhand tools and a couple of clothing consignment stores and those types of things. They actually did look at this. He can honestly tell him they will take a look at whether it makes sense to extend this to other types of secondhand stores that are in the City of Fridley. They should be fair in how they administer this and what they are trying to do. He actually is surprised to hear that less than 1 percent of their transactions result in any kind of criminal activity. That is wonderful. It is probably the result of some of the legislation that has taken place in the last ten years in terms of requiring driver's licenses and other information. He asked if the numbers were that low 20 years ago. Mr. Rixmann said he did not know. They opened their first store in 1991. He can say that pre- APS and since the APS has been implemented, the numbers have not changed in any of their stores. Councilmember Billings said if in a year or two they determine they do not need a full-time officer, they are going to take a look at this ordinance and maybe reduce the costs. They are not in the business of collecting fees for services that they are not providing. Councilmember Barnette talked about our liquor license fees. What we do in that particular case is figure what it costs to administer that process, what it cost to administer the servicing of all of those bars, and come up with one price that fits all. In terms of the per transaction fee compared to charging each of them $50,000 a year, they have a mechanism to determine where the costs are because of the number of transactions. They are trying to do this as accurately as they can. He will talk with the Chief of Police about the E-transactions. Mr. Rixmann stated no study has been done on his store. Law enforcement has not spent time going through the inventory nor communicating with him their concerns. So he would respectfully request they have those meetings and communication and go through the inventory and find out what the issues are, if any, prior to establishing the fee. He believes they provide a service in sharing the information and they make law enforcement's job much easier because the information is available on the computer in a police car or at the Police Department. Prior to FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 7, 2005 PAGE 15 APS, a police officer was required to physically go through pawn tickets at the store or the tickets were taken directly to the police department which is very time-consuming and very challenging. He thinks the service should be for free because they are providing so much data and intelligence to law enforcement. Councilmember Billings asked if he paid a fee to APS. Mr. Rixmann said in addition to the fees they pay to the City, they are required to have a camera system in their store which takes photographs of individuals who come into their store. They have about $20,000 invested in a camera system which can download information to a DVD which they can then give to law enforcement. They also have two individuals who every day spend an hour or two to make sure the transactions are downloaded properly to the system and make sure if there is an error, it gets corrected immediately. All this comes at a significant cost. Just to implement the system, they spent hundreds of thousands of dollars to integrate their software on a multi-store basis. They also retain one full-time IT person to implement that process. They are paying a lot of money to get the data to law enforcement every day. In 1994 they were the first pawn store that the City of Minneapolis approached and asked how they collected data and how they could provide that information. They actually did see the benefit in legitimizing their industry. They have always been in support of sharing the data. This year they will have to work maybe two months just to pay the City of Fridley the APS fees. That is a significant percentage of the business which is done in that store. He thinks it is unfair to both the residents of the City of Fridley who do transactions with them and also to them as business owners. Alan Cross, Chief Financial Officer of Cash-N-Pawn, approached and stated they have a store in the City of Fridley, just west of University Avenue and 57th Avenue. He appreciates the opportunity to talk tonight because they have the same concerns. They do over a million dollars of revenue through their store every year so they are not, they hope, inconsequential to Fridley, and they pay many, many thousands of dollars in taxes and fees as well. He would like to echo and basically reiterate everything and the objections made by Pawn America. Their operating system shows that in 2004 they had only 21 confiscations for a total of $2,008 in the City of Fridley. That is something like a quarter of 1 percent. Again he is sure they do not all get caught. It is not a very big number compared to the fees they pay. They respect the Fridley Police Department and feel they handle themselves professionally. They do not have an objection to the need for another officer, if they need an officer, but he does not see how that officer is required as a result of the two pawnshops that are in Fridley. He thinks what happens is the issue gets muddled. The pawnshops provide a data base of information that provides a lot of opportunity for follow-up and through that follow-up, good police work can be done. Just because they have provided that opportunity and provided that data, that does not mean anything beyond the follow-up basis should be at the pawnshops' or the customers' expense. That is general law enforcement. We know we all benefit from that, and that is not something the pawnshop creates. The pawnshop just creates an opportunity for a list of data that, if it wants to be followed up to solve some crimes and if it is helpful in that regard that is good. He also does not think they hit the repeat pawns. They have a lot of customers that come in and pawn the same item, time after time after time. Every time they need gas money, or they have to pay a utility bill or any time they want to buy whatever. They will bring in a television set, a piece of FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 7, 2005 PAGE 16 jewelry, or whatever it is they are pawning. That item has gone through the system before from the same person. It makes no sense to charge a fee for the same item from the same person on any basis and those should be excluded. He thinks they are well-covered with the smaller items and it certainly makes sense to have some rule where items under a certain dollar amount are excluded. They do need to get coverage on the secondhand dealers. If they do not regulate them, that is where the stolen items are going to go. The pawnshops are giving the cities and police departments the opportunity. He said he would be glad to answer any questions specifically related to Cash-N-Pawn. Mr. Rixmann stated they had mentioned that there were 83 pawn transactions related to confiscations this year. He said that was the equivalent to 250 individual items on those pawned tickets so each pawn ticket may have three items on that, so 3 multiplied by 83, would approximately be 250. If they took the 19,949 transactions that they concluded this year, that relates to 50,000 individual items which were brought through their store. That is still one-half of 1 percent which is approximately the same as the .14 percent of the number of transactions. MOTION by Councilmember Bolkcom to enter into the public record the letter from attorney Bradley J. Gunn from Leonard, Street and Deinard. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Carol Plaster, 11624 Cottonwood Street, approached and said she just wanted to say she frequently goes to the pawnshops to buy stuff that she cannot go to the store and buy. If she did not have the pawnshops, her and her kids would go without. She has pawned a couple items over and over to pay for house payments, pay for gas, etc. If you cannot qualify for a cash card or credit card, what are you going to do? You do whatever it takes. They have helped her tremendously. About secondhand stores, she goes to Goodwill and Salvation Army, but she finds that after the people donate their stuff, the employees will take it for themselves and resell it. This way she can get the stuff she needs without worrying about an employee taking it before she can get it. The pawn shops have helped her out tremendously. Councilmember Billings suggested that they vote on first reading tonight. If it is approved, he suggests that they take a look at some of the issues that were raised tonight before they bring it back for a second reading. Mayor Lund asked for justification from the police officers of the Police Department for a full- time officer. Councilmember Bolkcom stated she thinks that Minnesota Statute §325(j) that was mentioned should be investigated. They should talk to the City of St. Paul and look at some of the other communities who have very similar pawnshops. They should review the justification of the St. Paul police officer and find out how many transactions they have. Check out E-Commerce and what they are being charged for it, if they want to go into all those fee counts at this point, and if they could also look at the repeat items. They should look at how much time it takes versus a full-time police officer and how much time is spent by administrative personnel. She believes FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 7, 2005 PAGE 17 staff said office and vehicle expenses would be absorbed in the cost. She would like to know how much they are. She would like to know what the transactions are for the last two years and how many have been returned. MOTION by Councilmember Bolkcom to waive the reading of ordinance and adopt the ordinance on first reading. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Bolkcom asked when the people in the audience would be notified that this would be on the agenda. Dr. Burns said he thought the plan was to bring it back on the 21st of November. Councilmember Billings stated if anyone wants to be contacted, they can leave information with the Police Department. Otherwise, they would probably just contact the store managers in Fridley and let them know when it is going to be back on the agenda. 15. Special Use Permit Request, SP #05-03, by Kinghorn Construction for Woodcrest Baptist Church, to Allow an Expansion to an Existing Church in an R-3, Multi- Family Zoning District, Generally Located at 6875 University Avenue N.E. (Ward 1). 16. Variance Request, VAR #05-14, by Kinghorn Construction, for Woodcrest Baptist Church, to Allow a Reduction in the Required Parking Setbacks to Allow the Reconstruction of the Parking Lot, Generally Located at 6875 University Avenue N.E. (Ward 1). Mr. Hickok, Community Development Director, stated this is a dual request, one for a special use permit and one for a variance for the Woodcrest Baptist Church. The petitioner is seeking a special use permit to allow the expansion of the Woodcrest Baptist Church which is located in an R-3, Multi-Family District. The church is located at 6875 University Avenue N.E. The proposed expansion will increase the building footprint by 14,162 square feet. The addition will include a main core sanctuary with a small balcony and a lower-level classroom space. The addition will also increase the size of the foyer, add an elevator and will relocate the restrooms and nursery. Codes have changed since the original construction so a lot of this is code-related. The petitioner is also seeking a variance to reduce the parking and hard surface setback from any street right-of-way from 20 feet to 2 feet on the west side of the property which will recognize an existing non-conforming setback They hope to reconstruct the curb in that same location in the event that they would need to do that. They are asking for a variance to reduce the parking and hard surface setback from 20 feet to 5 feet on the north side of the property which will allow reconstruction of the church's parking lot. Right now the parking lot is constructed over the property line, and this will allow it to be 5 feet back. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 7, 2005 PAGE 18 Mr. Hickok stated the church was originally constructed in 1965. In 1974, an addition was built and in 1985, a gymnasium addition on the south side of the church was built. The existing church combined with the gymnasium space totaled 23,719 square feet. Woodcrest Baptist Church currently has approximately 400 worship members. The church also operates a school which provides kindergarten through 12th grade with approximately 220 students. Churches are permitted as a special use in the R-3, Multi-Family Districts, provided they meet the necessary requirements related to building and parking subj ect to stipulations suggested to staff and approved by Council. All of these requirements are being met with their proposal with respect to the parking setback on the north and the west sides of the property. City Code requires a 20-foot parking setback from any public right-of-way to provide green space. The parking setback on the west side of the property is deficient as a result of the State acquiring additional land for University Avenue. The parking is arranged and designed and built in a manner that serves the building well. There is quite a wide road along University Avenue and a path that provides pedestrian access between the parking area and University Avenue. Due to the highway taking the parking lot on the west side of the property setback, petitioner is seeking the first variance. There is a reduction from 20 feet to 5 feet on the north end. This actually improves the current conditions. Granting the variances would not be setting a precedent for existing or future residential, commercial, or industrial properties. The situation is unique to the property. This cleans up some non-conformities. It also assures that the parking demands of the church are being met. Mr. Hickok stated currently the Woodcrest Baptist Church has 226 parking stalls. Code requires 1 stall per every 3 seats. After the proposed addition, the church will have 580 seats in their assembly facility, requiring an additional 194 parking spaces. After the addition is constructed, the site will be left with one extra parking stall, which does meet the Code requirements. The proposed addition will be constructed of rock-faced block, pre-cast concrete, and brick to match the existing structure. The proposed addition does meet all setbacks, heights, and lot coverage requirements. Petitioner has been in contact with the Rice Creek Watershed regarding ponding and storm water treatment. Due to the fact that there will be a slight decrease in the impervious surface, the Watershed has determined that a biofiltration system is an acceptable alternative to infiltration. That is a fancy way to say they are going to have a rain garden on this site. The petitioner is proposing to put this system on the west side of the proposed addition and the location and size will still need to be approved the Rice Creek Watershed. There is area to do that, and they do not contemplate there will be any problems there. The Planning Commission unanimously recommended approval of this special use permit at their October 19 meeting. The Appeals Commission unanimously recommended approval of the variance request at their October 26 meeting. Staff recommends Council's approval with nine stipulations. Councilmember Barnette asked where the addition was going. Mr. Hickok said it would be on the northwest corner of the building. There will be a bus loop where the bus loop is now, so the new sanctuary is not going to diminish that. It stays back from the neighborhood and stays closest to University Avenue on the northwest corner. Councilmember Barnette asked if the height of the building would be the same as it is now. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 7, 2005 PAGE 19 Mr. Hickok replied the height of the building will be within the Code requirements for the R-3 District.. It does put it higher than the existing building. Councilmember Barnette asked how much higher it would be Mr. Hickok replied the Code requirement in the R-3 District is up to 50 feet. It is probably pretty close to that. Councilmember Bolkcom questioned if it was 50 feet because in the report, it says not to exceed 45 feet at midspan? Mr. Hickok said that 45 feet is the correct height for the midspan. Councilmember Bolkcom stated one comment made by the Planning Commission related to some of the siding on the existing building that needed repair. There was some question about when that was going to be done. She asked if there any way they could make that a stipulation. Mr. Hickok replied, no, although they do try to have them tie their new addition architecturally to the building itsel£ It their understanding after talking to church representatives that it is their intent to renew that building space and take care of that concern by painting or whatever remedy is necessary to make that right and nice with the new building. Gordy Kinghorn, Kinghorn Construction, approached and stated City staff has been great to work with. He works with a lot of cities and he says they should give themselves credit. The presentation really sums up the entire project. Regarding the question about the siding, they were not hired to do that. They were only hired to design the new structure. When they had talked to the residents about that after the meeting, it was the deacon's trustee group that actually said they were working on that. They do recognize that the building needs repair. Councilmember Bolkcom asked if it was in the plans. Mr. Kinghorn said he believed it was tied together. Councilmember Bolkcom stated that is why she asked. Mr. Hickok stated they are glad to have it on the record. It is an issue. Dr. Burns, City Manager, asked if they see the 14 percent reduction in parking as a hardship. Mr. Kinghorn replied they have to go with what they have. That is all the property there is. Councilmember Bolkcom asked if there are any complaints that the parishioners are parking on the streets. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 7, 2005 PAGE 20 Councilmember Barnette stated he and Scott go by there every day. There is adequate parking there now. He has never seen the parking lot full and he has not heard any complaints. Mr. Hickok stated staff has not heard any complaints. Since the application, they have studied the building and the parking lot and the activity there quite a few times. MOTION by Councilmember Billings to approve Special Use Permit Request, SP #OS-03, by Kinghorn Construction for Woodcrest Baptist Church, with the following nine stipulations: 1. The Petitioner shall obtain any required permit prior to the start of construction. 2. The parking lot shall be restored to Code requirements for paving, curbing and painting after the addition is completed. 3. Proposed addition shall not exceed 45 feet in height at the midspan, between the ridge and eave line, when measured from finished grade. 4. The subject property shall be maintained free of any and all construction debris. 5. Construction vehicles shall not bring materials before 7:00 a.m. or after 9:00 p.m. 6. The addition shall be architecturally compatible with the existing building and finished with complementary siding and color scheme. 7. The City reserves the right to require additional parking should the demand of the facility warrant it. 8. Landscape plan shall be reviewed and approved by City staff prior to issuance of a building permit. 9. Petitioner shall satisfy Rice Creek Watershed requirements prior to issuance of a building permit. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Billings to approve Variance Request, VAR #OS-014, by Kinghorn Construction, for Woodcrest Baptist Church, with the following nine stipulations: 1. The petitioner shall obtain any required permit prior to the start of construction. 2. The parking lot shall be restored to Code requirements for paving, curbing and painting after the addition is completed. 3. Proposed addition shall not exceed 45 feet in height at the midspan, between the ridge and eave line, when measured from finished grade. 4. The subject property shall be maintained free of any and all construction debris. 5. Construction vehicles shall not bring materials before 7:00 a.m. or after 9:00 p.m. 6. The addition shall be architecturally compatible with the existing building and finished with complementary siding and color scheme. 7. The City reserves the right to require additional parking should the demand of the facility warrant it. 8. Landscape plan shall be reviewed and approved by City staff prior to issuance of a building permit. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 7, 2005 PAGE 21 9. Petitioner shall satisfy Rice Creek Watershed requirements prior to issuance of a building permit. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 17. Motion to Deny Renewal of Residential Rental Property Licenses. John Berg, Fire Chief, stated the license renewal denial provision of Fridley City Code, Section 220.13.2, Conformance, states, "No operating license shall be issued or renewed unless the residential rental property or condominium conforms to the provisions of this Chapter, the ordinances of the City, and the laws and regulations of the State of Minnesota." They are asking the City Council to deny renewal of residential rental licenses for the following four properties, pending resolution of all issues, including conducting inspections to make sure that all corrections have been completed, payment of delinquent fees and penalties due and payable to the City, and proper and timely filing of license applications: 140 Mississippi Place N.E. 160 Mississip�i Place N.E. 360 — 362 57t Place N.E. 6471 — 6477 Riverview Terrace N.E. Councilmember Bolkcom said from the information contained in the agenda packet, some of the problems range from $158 assessed after the third no-show, non-payment of the license fee, not showing up for the initial inspection, not showing up for an inspection scheduled 45 days in advance, non-payment of $150 for a third inspection, and the application for one has been late the last three years by at least two months. Fire Chief Berg stated there is quite a mixture. They have a number of delinquent fees, they have properties that they are not allowed to enter for the purpose of inspection, and they have some issues with delinquent licenses and lack of information on the licenses. Councilmember Bolkcom stated in the one action the initial inspection was back in April. She asked how they normally contacted someone when they did not make the first initial inspection. Fire Chief Berg replied the normal process is when they set up the initial inspection, they make contact with the owner by telephone or e-mail and try and set up an inspection. If they are not able to do that, they send a notice. In most cases they send out a date and they go out to conduct the initial inspection. If the property owner or representative fails to show for an inspection, they make an immediate call that day and attempt to continue that inspection. If that does not happen, then they are sent a notice by mail. Councilmember Bolkcom stated, so for the one who did not show for the third time, they actually made contact with that owner. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 7, 2005 PAGE 22 Fire Chief Berg said they sent a notice and gave a date for another inspection. An inspector went out to that property and if no one showed up, again they tried to make contact and would send a notice with a scheduled date. Councilmember Bolkcom stated so they have a very detailed process and that is all in writing. Fire Chief Berg replied, yes. Mayor Lund asked whether the property owners have also been notified of tonight's potential action. Fire Chief Berg replied, yes. Mayor Lund asked if that was by certified mail. Fire Chief Berg replied he believed it was by U. S. mail. Mayor Lund asked if they had any responses from the property owners about the second or third inspections or the re-inspections. Fire Chief Berg replied they had two additional properties on the list, 190 and 191 Island Park Drive, N.E. The owner did contact them and made the proper corrections. They inspected those the properties and took them off the list. Mayor Lund said the others had not contacted them. Fire Chief Berg replied that is correct. Mayor Lund asked what happens from this point if there are people living in those properties. Fire Chief Berg stated they do not force the current residents to leave; however, they do inform them of their rights and that the property owner can be cited under State statute for operating a rental property without a license. They will attempt to work with the owners again. Councilmember Bolkcom asked if there will be a letter sent by certified mail. Fire Chief Berg replied he believed the City Code says it has to be by certified mail. MOTION by Councilmember Bolkcom to deny renewal of residential rental property licenses for the following properties: 140 Mississippi Place N.E., 160 Mississippi Place N.E., 360 — 362 57th Place N.E., and 6471 — 6477 Riverview Terrace NE. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 7, 2005 PAGE 23 4. First Reading of an Ordinance Amending Chapter 104 of the Fridley City Code Pertaining to Diseased Tree Removal Assessment Fees. Councilmember Bolkcom stated she was surprised to read in the agenda that they switched from 25 percent after the initial discussion at their previous meeting. Mr. Hickok stated after the public hearing on this item, the Finance Director and Community Development staff sat down and talked about this. The Finance Director had some concerns that a flat 25 percent may in some cases be too much of an administrative fee and in other cases, not enough. He believed the most accurate way to do this is to simply state that we would recoup our administrative fees, rather than tying it to any certain percentage. It is not a not a revenue- making process, it is one simply to recover the City's costs. Councilmember Bolkcom asked how they would decide what those costs were and how would they keep track of them. Mr. Hickok said it does take a bit more record keeping to track staff time directly tied to this. It is fairly straightforward but there is some bookkeeping involved. Councilmember Bolkcom asked if there is an issue with this since they had a public hearing on the 25 percent fee and have now gone to costs. Mr. Hickok said this is a continuing dialogue and they brought it to Council's attention before they acted on the first reading. Everything has been before the public. Mayor Lund said he thought it was fair. Mr. Hickok stated that the Finance Director was concerned from an auditing perspective. You want a rationale between what they charged and what the actual fee was or what the actual activity was that they incurred the expense on. He would just like to take away the percentage and make it a real expense. Councilmember Bolkcom stated so whether it is a$6,000 vs. a$1,000 tree, it is totally based on the amount of staff time involved. Mr. Hickok said the investment of staff time is probably going to be same. MOTION by Councilmember Bolkcom waive the reading and approve the ordinance on first reading. Seconded by Councilmember Billings. MOTION UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 11. Licenses. MOTION by Councilmember Billings to approve the licenses as submitted. Seconded by Councilmember Barnette. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 7, 2005 PAGE 24 MOTION UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. John Berg, Fire Chief, stated he would like to strike 160 Mississippi Place N.E. and 6471-6477 Riverview Terrace NE. MOTION by Councilmember Billings to amend the motion and strike the following properties from the license list: 140 Mississippi Place N.E., 160 Mississippi Place N.E., 360 — 362 57tn Place N.E., and 6471 — 6477 Riverview Terrace N.E. MOTION UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 18. Informal Status Reports. Mayor Lund reminded people to vote. Mayor Lund invited anyone who was interested to attend the Second Annual Fridley Historical Society's Hall of Fame. ADJOURN: MOTION by Councilmember Barnette, seconded by Councilmember Bolkcom, to adjourn. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MEETING ADJOURNED AT 10:04 P.M. Respectfully submitted by, Denise M. Johnson Scott J. Lund Recording Secretary Mayor � � CffY OF FRIDLEY To: From Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF NOVEMBER 21, 2005 William W. Burns, City Manager John Berg, Fire Chief November 17, 2005 Text Amendment City Code Chapter 220.13 I am recommending a text amendment to City Code Chapter 220.13, Licensing. The text which designates specific fees for licensing rental property was removed and replaced by text referencing fees to Chapter 11, Fees. By doing this, fees could be changed in Chapter 11 without having to make changes to both Chapter 11 and Chapter 220. Currently the fees referenced in Chapter 220 do not match the fees designated in Chapter 11. I am also requesting the addition of text to include licenses that have been "denied at the time of renewal" by Council. The City Attorney has made it clear that the process for revoking or suspending a license requires a hearing which could be a significant cost to the City to process. Our best tool for compliance appears to be denying a license at the time it is scheduled to be renewed. The first reading of the ordinance was held on November 7, 2005. Staff recommends a second reading of this ordinance. jb ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 220 OF THE FRIDLEY CITY CODE, RESIDENTIAL RENTAL PROPERTY MAINTENANCE AND LICENSING CODE, AS IT PERTAINS TO REINSPECTION FEES The City Council of the City of Fridley hereby finds, after review, examination and recommendation of staff, that the Fridley City Code be hereby amended as follows: That Chapter 220 of the Fridley City Code be hereby amended to read as follows: 220.13. LICENSING 3. Fees A. The annual license fee shall be as provided in Chapter 11 of the City Code. B. At the time that a third inspection of a dwelling or dwelling unit is needed for an uncorrected violation, a reinspection fee shall be charged to the owner. The reinspection fee shall be as provided in Chapter 11 of the Cit.� °�°*�� ^��°r° �Qtin nn� for each reinspection needed after the initial inspection and the second inspection. No license shall be issued until all outstanding reinspection fees have been paid. If a dwelling or dwelling unit is licensed, the license may be denied at the time of renewal or revoked or suspended in the manner described in Section 220.13.09. C. In order to restore a license for a rental dwelling or dwelling unit which has had its license denied at the time of renewal or revoked or suspended, the license application shall be accompanied by the license fee °�' *� �°'��„�'r°�' �„�' ��*�� r° ��* �, cno�� „� *'�° ��' '��°�°° �° as provided in Chapter 11 of the Citv Code. D. A fee ^�*T��°�*�� ° �'�"�r° «�c nn� as provided in Chapter 11 of the Citv Code shall be paid when filing the license Transfer Form as required in Section 220.13.08. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 2005. SCOTT J. LUND - MAYOR ATTEST: DEBRA A. SKOGEN — CITY CLERK First Reading: November 7, 2005 Second Reading: Publication: � � CffY OF FRIDLEY Date To AGENDA ITEM CITY COUNCIL MEETING OF NOVEMBER 21, 2005 November 16, 2005 William Burns, City Manager From: Scott Hickok, Community Development Director Rick Pribyl, Finance Director Julie Jones, Planning Coordinator Subject: Second Reading of Ordinance Related to TA #OS-09, Text Amendment Regarding Diseased Tree Abatement Fees Background At the last Council meeting, the City Council held a first reading of Text Amendment #OS-09 regarding diseased tree abatement fees. The purpose of this te�t amendment is to better describe current procedures and applicable fees in the code language. Staff had refined the language further between the public hearing and the first reading. Following the first reading, staff asked the City Attorney to further review the proposed changes. He made further recommendations, which are now reflected in the attached version ready for second reading. A copy of the text without the strike outs and underlining is also attached, which is easier to read. The City Council held a public hearing on October 24 to consider TA #OS-09. No public opposition was received at the public hearing. Recommendation Staff recommends that the Fridley City Council approve this text amendment following the second reading of the attached ordinance related to text amendment TA #OS-09 at its November 21 meeting and direct staff to proceed with publication of the ordinance. M-OS-140 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 104 OF THE FRIDLEY CITY CODE PERTAINING TO DISEASED TREE REMOVAL ASSESSMENT FEES The City Council of the City of Fridley hereby finds, after review, examination and recommendation of staff, that the Fridley City Code be hereby amended as follows: CHAPTER 104. DISEASED TREES 104.08. PROCEDURES FOR REMOVAL OF INFECTED TREES OR WOODS When� the Forester or desi�nee finds �_ �*'� r°^°^r^'�'° ^°�*^�r*�� that #� an infestation defined in Section 104.04 exists in any tree or wood in any public or private place in the City, the Forester +'� "� shall_ n ,. „i+„ � 1 T�*'�° ;r� �*°�' *r°° ;�'��*°�' eOn private property, +'�° �'�r°�+°r �'��" send a written notification to the owner of said properiy. It shall be the obligation of the property owner to carry out *�ro� any recommended abatement procedure(s) within thirty (30) days from the date of receipt of the notification unless a written variance is granted by the Forester. If the owner r°��°�+� +�,° r;,� �r fails to follow the �� recommendation within the designated time period, the Forester shall notify the property owner by mail that the City will contract for the abatement of the public nuisance, namely the diseased or dead tree and/or wood in question. The Forester shall then proceed to contract for the �� abatement procedures as soon as possible and shall report to the City Clerk all �s costs resulting from the abatement procedures carried out on such private property. The City Clerk shall list all such charges �t� a related to the City abatement �administrative costs against each separate lot or parcel by September 15th of each year as special assessments to be collected commencing with the following year's taxes. ^�'m�r�°+r^+;T�° All assessment related costs ^� e��.nn �,- o.,,.�, i„+ ,,,- r�.-..o� shall be added to each assessment. (Re£ 931) PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 200_. SCOTT J. LUND, MAYOR ATTEST: DEBRA A. SKOGEN, CITY CLERK Public Hearing: October 24, 2005 First Reading: November 7, 2005 Second Reading: November 21, 2005 Published: December 1, 2005 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 104 OF THE FRIDLEY CITY CODE PERTAINING TO DISEASED TREE REMOVAL ASSESSMENT FEES The City Council of the City of Fridley hereby finds, after review, examination and recommendation of staff, that the Fridley City Code be hereby amended as follows: CHAPTER 104. DISEASED TREES 104.08. PROCEDURES FOR REMOVAL OF INFECTED TREES OR WOODS When the Forester or designee finds that an infestation defined in Section 104.04 exists in any tree or wood in any public or private place in the City, the Forester shall: 1. On private property, send a written notification to the owner of said property. It shall be the obligation of the property owner to carry out any recommended abatement procedure(s) within thirty (30) days from the date of receipt of the notification unless a written variance is granted by the Forester. If the owner fails to follow the recommendation within the designated time period, the Forester shall notify the property owner by mail that the City will contract for the abatement of the public nuisance, namely the diseased or dead tree and/or wood in question. The Forester shall then proceed to contract for the abatement procedures as soon as possible and shall report to the City Clerk all costs resulting from the abatement procedures carried out on such private property. The City Clerk shall list all such charges related to the City abatement administrative costs against each separate lot or parcel by September 15th of each year as special assessments to be collected commencing with the following year's taxes. All assessment related costs shall be added to each assessment. (Ref. 931) PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 200 . SCOTT J. LUND MAYOR ATTEST: DEBRA A. SKOGEN, CITY CLERK Public Hearing: October 24, 2005 First Reading: November 7, 2005 Second Reading: November 21, 2005 Published: December 1, 2005 CITY OF FRIDLEY PLANNING COMMISSION NOVEMBER 2ND, 2005 CALL TO ORDER Chairperson Savage called the regular meeting of the Planning Committee to order at 7:30 p.m. ROLL CALL Members Present: Larry Kuechle, David Kondrick, Diane Savage, Dean Saba, Brad Dunham Members Absent: Leroy Oquist, Barbara Johns Others Present: Stacy Stromberg, City Planner Julie Jones, Planning Coordinator Paul Bolin, Assistant Executive Director Jon Haukaas, Public Works Director Ray Rucinski, 124 Rive Edge Way NE George Zogheib, 128 River Edge Way NE Barb & Keith Olson, 112 River Edge Way NE Catherine Anderson, 132 River Edge Way NE Peter Borman, 120 River Edge Way NE Brett Harvey, 108 River Edge Way NE Bob Ecken, 5940 3`d St. NE Jeff Magdik, Blue Print Homes Mike Miskwik, Blue Print Homes APPROVE PLANNING COMMISSION MEETING MINUTES — October 19th, 2005 MOTION by Commissioner Kondrick, seconded by Commissioner Kuechle, to approve the minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. PUBLIC HEARINGS 1. Consideration of a Rezonina. ZOA #05-04 bv Peter Borman, to rezone multiple properties from R 3, Multi-Familv to R-1 Sinale Familv aenerallv located at 100.104, 108, 112 116 120, 124, 128 and 132 River Edqe Wav. MOTION by Commissioner Kuechle, seconded by Commissioner Kondrick, to open the public hearing. UPON A UNANIMOUS VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 7:33 P.M. Ms. Stromberg, City Planner presented a request from petitioner, Peter Borman, owner of 120 River Edge Way, on behalf of all the owners of 100, 104, 108, 112, 116, 120, 124, 128, and 132 River Edge Way, is requesting to rezone the properties listed above from R-3, Multi-Family to R- 1, Single Family. The petitioner has contacted all of the above property owners regarding the rezoning request and we have received signatures from all of them. All of the above referenced properties were developed with single-family homes between the 5 Planning Commission, November 2ndth 2005 2 years of 1957-1961. They are all zoned R-3, Multi-Family and have been since the City's 1St zoning map dating back to 1958. The 1958 zoning map shows an R-3 Multi Family zoning - designation starting at the south edge of River Edge Way (615t Way) and extending all the way to Interstate 694 (Hwy 100). Sometime between 1958 and 1962 the school district purchased the land south of the subject properties, which resulted in a change of the zoning from R-3, . Multi-Family to P, Public. As a result of the school property being rezoned to Public, a strip of R-3, Multi-Family land remains as a remnant of that once very large R-3 Zoned property. The petitioner Mr. Borman, who lives at 120 River Edge Way, has submitted this rezoning request on behalf of all of the adjoining neighbors. They would like to see the current zoning changed to reflect the current land use, which is single family. While single family homes are a permitted use in the R-3, Multi-Family zoning district, changing the zoning to the lands current use, will allow the single family neighborhood to remain the same as it exists today. The City's zoning ordinance and official zoning map are the mechanisms thaf help the City achieve the vision laid out in the Comprehensive P{an. The law gives the City the authority to "rezone" property from one designated use to another, so long as the zoning is in conformance with the Comprehensive Plan. The Comprehensive Plan's current land use map and 2020 future land use map designated this area as "Single Famify." Therefore, rezoning ihese properties from R-3, Multi Family to R-1, Single Family is consistent with the Comprehensive Plan and will promote preservation and reinvestment of the existing single-family neighborhood. Staff recommends approval of this rezoning request as the rezoning corrects an existing non- conformity and makes the area consistent with the Comprehensive Plan. Commissioner Savage questioned if there would be any stipulations to this recommendation. Ms. Stromberg stated that there were no stipulations. Commissioner Saba commented that he was surprised this area was still zoned as R-3, Multi Family. Mr. Borman, of 120 River Edge Way NE, stated that this rezoning request was the idea of Keith Olson of 112 River Edge Way NE. The neighborhood had a block party and was discussing with Mayor Scott Lund the zoning of the area. Mayor Lund said he would guide them in requesting the area to be rezoned. The neighborhood is a very unique, close knit community. A letter was sent to 40 homes and all but two homeowners contributed funds to help pay the $1,500 fee required to rezone the property. Mr. Borman questioned if this rezoning has been over looked by the City, would the City be willing to waive the $1,500 rezoning fee. Commissioner Kuechle noted that the Planning Committee would not have the authority to waive this fee and the matter should be brought to the City Council for consideration. MOTION by Commissioner Kuechle, seconded by Commissioner Saba, to close the public hearing. UPON A UNANIMOUS VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:40 P.M. Commissioner Kuechle commented that this is a reasonable, functional request. _ MOTION by Commissioner Saba, seconded by Commissioner Kuechle, to recommend approval the consideration of rezoning request, ZOA #05-04, to rezone multiple properties from - 6 Planning Commission, November 2ndf", 2005 R-3, Multi-Family to R-1, Single Family, generally located at 100, 104, 108, 112, 116, 120, 124, 128, and 132 River Edge Way. This will be brought to the City Council on November 7th, 2005 at 7:30 p.m. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. Consideration of a Preliminarv Plat, PS #05-04, bv Blue Print Homes, Inc., to replat portions of Block 2 Citv View Addition and Blocks 12 and 28, Hvde Park Addition, to - - --- - — • � ---� ------� 271 & 281 — 5955 3`° Street. 3. Consideration of a Vacation 5AV t�05-U7, py e31ue r�lni nomes, �nc.. w va�aa�s portions of 57�h Place NE, 58t Avenue NE. and 59th Avenue NE, Ivina easterlv of 3�a Street NE and terminatinq at the Universitv Avenue NE riaht-of-wav, to accommodate the replat for Gatewav West Redevelopment proiect. MOTION by Commissioner Saba, seconded by Commissioner Kondrick, to open the public hearings. � UPON A UNANIMOUS VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 7:43 P.M. Ms. Stromberg, City Planner stated that Blue Print Homes is seeking to replat portions of Block 2, City View Addition and portions of Blocks 12 and 28, Hyde Park Addition, generally located between 57`h Place and 61 st Avenue and 3`� Street and University Avenue to create 16 new single family lots for Gateway West redevelopment project. Blue Print Homes is also seeking to vacate portions of 57th Place, 58th Avenue, and 59�' Avenue, lying easterly of 3'� Street NE and terminating at the University Avenue right-of-way, to accommodate the replat for the Gateway West redevelopment project. The property is currently owned by the Fridley Housing and Redevelopment Authority. This project is referred to as "Gateway West" and is comprised of properties #ormerly used as a used car lot, a vacant lot that once was occupied by Werner Fumiture, a 4-plex and single family homes. In 1976, the City Council created the S-1, Hyde Park Overlay district which applied only to the properties located between Main Street and University Avenue and 57th Place and 615� Avenue. tn 1976, this area of the city was a mixture of uses; made up of single family residential, duplexes, multi-family and commercial properties. The purpose of the overlay district was to recognize the mix of uses that existed at that time and to no longer permit commercial properties within the Hyde Park district. At the time of the creation of the S-1, Hyde Park overlay district, the City Council promised the residents of this area that by creating this district, they would no longer allow new commercial properties and once the existing uses ceased operation they wouldn't be replaced. In 1994, Custom Mechanical wanted to sell their property to another mechanical contractor; however, resale of their property, even to another mechanical contractor, wasn't allowed as part of the Hyde Park overlay. In 1996, the HRA purchased the Frank's Used Cars site and, in 1999, the HRA purchased the Werner's Furniture site. 7 � Planning Commission, November 2"d'�, 2005 4 There was an analysis done at this time that determined that this project area could be ' compromised of either seven single family homes, townhouses, or a senior apartment building. A neighborhood meeting was held in which neighborhood opposition arose. Many people spoke _ of concern about 57'h Avenue traffic. Since 57`h Avenue was slated for redesign and rebuilding in 1998, the HRA moved their attention towards the Gateway East project, on the east side of University Avenue. _ In 2002, after the completion of the Gateway East project, the HRA re-focused its efforts on the Gateway West project. A neighborhood meeting was held and a tax increment analysis was completed. The tax increment analysis determined that there wasn't enough blight to warrant a project other than single family in this neighborhood. At this point the City Council and HRA determined that single family residential was the way to go and directed staff to do their analysis. The image along the west side of University Avenue was a main focus for the City and the HRA, so city staff did an analysis of the entire 3`� Street block to determine what areas were in need of redevelopment. It was determined that the 5800 block of 3�d Street didn't show a high percentage of blight to make it eligible for TIF (Tax Increment Financing), but the 5700 block and the 5900 block of 3`� Street were blighted and in need of redevelopment. In 2002, staff started acquiring the additional properties to make the Gateway West project a reality. The last property needed for the project was acquired earlier this year. The project area is comprised of two commercial properties, one property with a four-plex on it and six lots with single family homes. All of#he buildings on the lots acquired for the project were recently demolished. Since the land has been acquired, the Housing and Redevelopment Authority's (HRA) goal for Gateway West is to convert the former mixed commercial and residential area into a viable single family residential redevelopment. They have approved Blue Print Homes, a Blaine housing developer, for the construction of 16 new, single-family homes. The attraction of Blue Print Homes stems from their commitment to variety and quality of construction. They pride themselves on never constructing the same home twice. The exteriors of the homes will include brick and stone, as well as an attractive mix of other siding material to give homes a unique look. The developer expects that the homes will range in price between $250,000 and $400,000. It is the hope of the City and the HRA that as money is invested in the Hyde Park neighborhood, existing values should rise, and, if the past repeats itself, the new development will prompt reinvestment in the existing properties. As a result of the Gateway West project, the existing properties need to be replatted to create the 16, new, single-family lots. The plat will be divided into two blocks. Block 1 will be comprised of nine single family lots and is located on the southern portion of the project. Fridley City code requires that lots in the S-1, Hyde Park zoning district to be a minimum of 60 ft. in width or 65 ft. in width for comer lots. The lots vary from in lot width from 60 ft. to 107 ft. City code also requires that lots in the S-1 district have a minimum of 7,500 square feet for lot area. The lot requirements are being met with this plat drawing. In order to create the 16 new lots, a six foot strip of 57�h Place, a 60 ft. portion of 58th Avenue and a 60 ft. portion of 59t'' Avenue, lying easterly of 3'� Street NE and terminating at the - University Avenue right-of-way, needs to be vacated. This will not affect the right-of-way or snow storage. - A zoning text amendment for the S-1, Hyde Park zoning district, related to the reduction of the i front yard and side yard setback was approved by the Planning Commission on October 1 g'n, 2005. This request will go before the City Council on November 7, 2005. The proposed plat for - 8 Planning Commission, November 2ndth 2005 5 the Gateway West project has been designed to follow the new front yard and side yard setback standards. If this zoning text amendment is denied by the City Council, the project will need to be redesigned to meet the old setback requirements. City Staff recommends approval of this preliminary plat request. ■ Proposed lots meet or exceed the size standards required by the City of Fridley - zoning code ■ Provides new home ownership opportunities in Fridley City Staff recommends approval of this vacation request ■ Street vacation will allow for additionat single family lots. City Staff recommend that the following stipulations be placed upon approval of the preliminary plat request. 1. Petitioner shall obtain all necessary permits prior to construction 2. Grading and drainage plan to be approved by City's engineering staff prior to the issuance of any building permits, in order to minimize impacts to the surrounding properties 3. During construction, silt fencing shall be used where applicable. 4. Petitioner to pay all water and sewer connection fees. 5. The petitioner shall agree to preserve mature trees to the extent possible. All trees required to be removed for the new homes sha►I be marked and approved by City staff prior to issuance of building permits. 6. Petitioner to provide City with a copy of the declaration of Conveyance for the development that outlines the landscaping and fencing requirements prior #o issuance of a building permif. Commissioner Saba questioned if a sidewalk or walkway could be added to the development. f - It would really improve the area and make it sa er. Ms. Stromberg replied that a sidewalk has been up for discussion but is not in the current plan. Commissioner Savage questioned the status of the fences and if the current chain link fences would be removed. Ms. Stromberg replied that they will remove the chain link fence that currently is along University Avenue and will use the same brick and iron fencing that is used across the street. Commissioner Dunham questioned how many lots will be generated and if park fees will be associated with this development. Ms. Stromberg stated that there will be 16 lots and no park fees will be associated with these lots. Commissioner Kondrick questioned why we are not charging park fees. Ms. Jones, Planning Coordinator, replied that this is an HRA project and staff did not think it would be appropriate for the City to charge themselves for park fees. Commissioner Kondrick commented that residents will be using the recreational facilities in our communities and something should be charged to residents in that area. Jf residents are using the City facilities it would be to the City's benefit for them to contribute to the park and recreational fund. 9 � Planning Commission, November 2ndth' 2005 8 garage and outbuildings. The new text would include any surface inciuding the house, garage, outbuildings plus the driveway, patio, pool etc. 2. The structure set back is 50 feet from the ordinary high water leve{. The referred bluff setback is 40 feet and applies regardless of the classification of the water body. Bluff impact zones cannot include structures and accessory facilities except stairway and landings. 3. Non-conformities — All legally established as of date of passage are allowed to continue. They can renovate but cannot expand. Special allowances for decks to be replaced or expanded are available. Variance options are available to exceed 35% of lot coverage list in sec. 205.32.8.c(2). There was a correction noted to the Variance Section — it should read 205.34B not 205.34C. If someone exceeded 35% lot coverage by expanding a driveway, they can apply for a variance and the text gives examples of what would be acceptable and offers alternatives for a variance procedure. Staff recommends approval of TA #05-04, creation of a new Shoreland Overlay District, thereby meeting the state mandate as required by the DNR and the Metropolitan CounciL Commissioner Kuechle questioned ifmost properties along the river are non-con#orming and what allows people to improve their homes as now they may be limited in expansion between the set back requirements. There are some very valuable properties that are attractive to buyers to purchase. The buyers may either teardown the property and start from new or - upgrade the current home. How are we going to deal with these situations? Ms. Jones commented that currently we are faced with a very similar situation in the Hyde Park area where many homes may be non-conforming but people can build up. i.e.: a two story home. The limitation would be on the expansion of the geographic footprint of the structure. The State is encouraging density upward to preserve lot coverage. Commissioner Kuechle questioned if staff was aware of any lots that are too close to build a home. With the proposed set back requirements it doesn't leave a lot of room to build or expand a home. Ms: Jones replied that staff has not looked at actual photos but the State would not accept anything more than 35% lot coverage. Some lots will have issues but most shoufd be ok. ` Commissioner Dunham asked if the residents have been notified of this text change. Ms. Jones replied that they have only notified the residents via public hearing notice in the local paper. They are working on a mailing distribution to be mailed to residents as that is probably what the City Council will ask. Commissioner Kuechle questioned if it is possible to make additions to a structure and add to the front of a home. Ms. Jones replied that as long as the addition was not over the 35% lot coverage, it would be ok. - Commissioner Dunham commented that these new requirements restricting the size potential of a home may decrease the value of the lot or home. � 12 Planning Commission, November 2"a`n 2005 Ms. Jones agreed that we could fall into a situation like that but when looking at the map of the shore�and properties, many of the properties are the larger lots in the community. . Commissioner Kondrick commented that we need to a{ert the people that will be affected of this text amendment by a mailing or public hearing so they can voice their opinion. a Ms. Jones replied that staff will be doing. a public mailing in the near future. Commissioner Kuechle questioned if they needed to vote yeah or nay on this item. 9 Ms. Jones commented that the City will not get the next Comprehensive Plan update approved with out this item approved. It is difficult to come up with a language that is acceptable by the City, DNR and State. Commissioner Saba agreed with the setbacks as iong as the people are aware of what is happening. Commissioner Dunham commented that it is to our advantage to address the residents now verses waiting for the City Council Meeting. This way we could have feedback from the residents prior to the next meeting. Commissioner Savage stated that this action plan is very preliminary at this time. Commissioner Kondrick commented that we need to address concerns for future meetings. MOTION by Commissioner Kondrick, seconded by Commissioner Saba, to close the public hearing. UPON A UNANIMOUS VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND PUBLIC HEARING CLOSED AT 8:35 P.M. MOTION by Commissioner Saba, seconded by Commissioner Kondrick, to approve the consideration of a Text Amendment, TA #05-04, by the City of Fridley, to create a chapter in the zoning code, Chapter 205.32 0-7, a new Shoreland Overfay District to go forward to the City CounciL UPON A UNANIMOUS VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED. 5. Consideration of a Text Amendment TA #05-05 b the Cit of Fridle to amend the followinq chapters in the zoninq code, 205 09 5.D, 205.09.7.F. 205.13.5.D. 205.14.5.D, 205.17.5.D 205.18.5.D 205.19.6.D 205.20.5.D and 205.25.8.D re ardm curbin and drainaae requirements on residential and commercial properties. MOTfON by Commissioner Kondrick, seconded by Commissioner Kueckle, to open the public hearing. UPON A UNANIMOUS VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 8:38 P.M. . Ms. Jones reported that in 2000, the City of Fridley received State grand funding to complete a wetland restoration project for the Springbrook Nature Center wetland complex. One of the 13 Planning Commission, November 2"acn Z�OS � commitments made in the grant application was that the City of Fridley would analyze its codes regarding surface water runoff quality and quantity. The City further committed to drafting code - amendments and sharing those proposed amendments with the three other communities involved in the Springbrook Watershed Project. The code changes also relate to the proposed _ shoreland overlay district as discussed previously. - This text amendment pertains to curbing and drainage requirements on residential and cornmercia( properties. The change applies to curbing design for parking requirements on these properties. This amendment would allow the City to exempt curbing where the City has approved storm water features like natural swales or rain gardens. Staff recommends approval of TA #05-05, amending the curbing requirements in Chapters 205.09.5.D, 205.09.7.F, 205.13.5.D, 205.14.5.D, 205.17.5.D, 205.18.5.D, 205.19.6.D, 205.20.5.D, and 205.25.8.D thereby allowing storm water features like natural swales or rain gardens in place of curbing on residential, commercial and industrial properties. Due to the large number of text amendments being processed currently, the City Council will not be reviewing this text amendment until its December 12, 2005 meeting. Commissioner Kondrick questioned if the City park area just west of Holly Shopping Center was one of the areas to suggest not curbing but allowing water to run off into the streets. Ms. Jones replied that this park rain garden project is a good example of where the City is making an exception to the code curbing requirements, and this text amendment will make it clear in our code that we encourage this type of curbing. Commissioner Kondrick stated that this request is not too permissive but protective. MOTION by Commissioner Kondrick, seconded by Commissioner Saba, to close the public hearing. UPON A UNANIMOUS VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND PUBLIC HEARING CLOSED AT 8:45 P.M. `' MOTION by Commissioner Saba, seconded by Commissioner Kueckle, to amend the following chapters in the zoning code, 205.09.5.D, 205.09.7.F, 205.13.5.D, 205.14.5.D, 205.17.5.D, 205.18.5.D, 205.19.6.D, 205.20.5.D, and 205.25.8.D regarding curbing and drainage requirements on residential and commercial properties. UPON A UNANIMOUS VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED. 6. Consideration of a Text Amendment TA #05-06, bv the Citv of Fridlev, to amend Chapter 205 04, of the zonina code reqardinq qeneral provisions of the declaration of policv, nonconformina uses and structure, buildinq site, and environmental qualitv. MOTION by Commissioner Kondrick, seconded by Commissioner Kueckle, to open the public hearing. - UPON A UNANIMOUS VOlCE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE ^ DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 8:46 P.M. _ Ms. Jones stated that in 2004, the State Legislature changed the language in Statute regarding Nonconforming Uses and Structures. Previously, owners of nonconforming properties could not - 14 Planning Commission, November 2n°`", 2005 � � repiace them if they were destroyed by fire, flood, or other disasters. Fridley City Code contained compatible language regarding these situations. The State's legislative change makes it possible now for owners of nonconforming uses and structures to replace them, provided they do not expand the nonconformity, making Fridley's Zoning Code in conflict with State Statute. In our current state of conflicting code requirements, the State Statute superseded City Code, so there has not been an urgent need for Fridley to immediately change our code. Now that staff is recommending adoption of a Shoreland Overlay District, however, which contains reference to legal nonconforming structures, ii is important for the City to amend the Zoning Code to match the language in State Statute. This text amendment also contains new references to Chapter 208 in the ger►era! section of the Zoning Code, which is important as we consider adopting a new Erosion Control chapter in code. Staff recommends approval of TA #05-06, bringing Fridley's Zoning Code text related to nonconforming uses and structures into compliance with State Statues. Due to the large number of text amendments being processed currently, the City Council wi{I not be reviewing this text amendment until its December 12, 2005 meeting. Commissioner Kondrick questioned if the Environmental Quality and Energy Commission has reviewed this request. Ms. Jones replied that they are not aware of this issue and they have not reviewed the exact language. It will go before the City Counci! on December 12tn MOTION by Commissioner Kondrick, seconded by Commissioner Kuechle, to close the public hearing. UPON A UNANIMOUS VOfCE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND PUBLIC HEARING CLOSED AT 8:50 P.M. MOTION by Commissioner Saba, seconded by Commissioner Kondrick, to approve the consideration of Text Amendment, TA #05-06, by the City of Fridley, to amend Chapter 205.04, of the zoning code, regarding general provisions of the declaration of policy, nonconforming uses and structure, building site, and environmental quality. UPON A UNANIMOUS VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED. 7. Consideration of a Text Amendment TA #05-07 bv the Citv of Fridlev, to amend defined Public Nuisances to include hazardous materiat dumpinq and waterfow{ feedin . MOTION by Commissioner Kondrick, seconded by Commissioner Saba, to open the public hearing. UPON A UNANIMOUS VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING �PENED AT 8:51 P.M. Ms. Jones reported that back in 2000, the City of Fridley received State grant funding to complete a wetland restoration project for the Springbrook Nature Center wetland complex. One of the commitments made in the grant application was that the City of Fridley would anafyze its codes regarding surface water runoff quality and quantity. The City further 15 Planning Commission, November 2ndthr 2005 12 committed to drafting code amendments and sharing those proposed amendments with the three other communities involved in the Springbrook Watershed Project. This code change also relates to the proposed shoreland overlay district that was presented earlier. There are two additions proposed to the list of defined public nuisances in Chapter 110 of City Code. One addition proposed by staff is to make dumping of hazardous materials (used motor oil, paint, solvents, etc.) a code defined public nuisance. Such an action is a violation of State law, however, when such a violation is reported to the Minnesota Pollution Control Agency, staff has found that the problem is often not big enough to warrant any State action. City staff would like to be able to address actions of this nature that threatens public waters and cite such actions under city Code. The second addition would make ir�tentionally feeding waterfowl — either on your own property or in a public park — a City Code violation. There are many public health reasons why the congregating of watertowl in one area should be deterred when feasible. However, staff's greatest concern over feeding waterFowl is that food commonly fed to the birds contaminates waterways and shorelines, thereby affecting water quality. The Fridley Parks and Recreation Commission began discussing a need to prohibit waterfowl feeding in City parks back in 1987. A request for an ordinance amendment passed on to the City Council from the Planning Commission on a 2-2 vote. The City Council did not pass the ordinance. Since the proposed code changes are environmental issues, staff had the Fridley Environmental Quality and Energy Commission review the language in 2004. The Commission unanimously � supported the additional tanguage regarding hazardous materials dumping. However, there was general agreement that public education would be a better approach to limit waterFowl feeding. There is much general support for the hazardous waste amendment but not a lot of support for feeding the waterfowl. Enforcement will be difficult but will be for the common good of the community and many communities have these types of laws. Staff recommends approval of TA #05-07, making it a crime to dump hazardous materials in a waterway or storm drain or to intentionally feed waterfowl. Due to the large number of text amendments being processed currently, the City Council will not be reviewing this text amendment until its December 12, 2005 meeting. Commissioner Kondrick stated that the Park and Recreation Commission makes it part of their budget plan to have the State trap geese and ducks and keep track of the numbers present in specific areas. There has been a decline in numbers but we need to deter the geese. The final analysis was that geese are a public nuisance. Their waste makes its way into our lakes and people persist on feeding the waterfowl hence making the waterFowl stay and not need to fly other places to look food. If we make this against the law to feed the birds it will be good for the birds and the environment. MOTION by Commissioner Saba, seconded by Commissioner Kuechle, to close the public hearing. UPON A UNANIMOUS VOICE VOTE, ALL VOTiNG AYE, CHAIRPERSON SAVAGE` DECLARED THE MOTION CARRIED AND PUBLIC HEARING CLOSED AT 9:05 P.M Commissioner Saba commented that we do not want to encourage watertowl to stay around any longer and suggest the text to have stronger language. This text amendment is long overdue. We will really need to enforce this issue and it is a public nuisance and a health 16 Planning Commission, November 2ndm, 2005 hazard. Commissioner Savage agreed that waterfowl can be a terrible nuisance and that feeding has increased the population of waterfowl in this area. 13 Commissioner Kondrick mentioned that we need to publicize this properly and make sure the residents of Fridley are aware that this is against the law. MOTION by Commissioner Kondrick, seconded by Commissioner Saba, to approve the consideration of a Text Amendment, TA #05-07, by the City of Fridley, to amend defined Public Nuisances to include hazardous material dumping and waterfowl feeding. UPON A UNANIMOUS VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED. 8. Consideration of a Text Amendment TA #05-08 bv the Citv of Fridlev, to repeal Chapter 905 Weeds and create a new Chapter 105 Landscape Maintenance. MOTION by Commissioner Kondrick, seconded by Commissioner Saba, to open the public hearing. UPON A UNANIMOUS VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 9:06 P.M. Ms. Jones stated that back in 2000; the City of Fridley received State grant funding to complete a wetland restoration project for the Springbrook Nature Center wetland complex. One of the commitments made in the grant application was that the City of Fridley would analyze its codes regarding surface water runoff quality and quantity. The City further committed to drafting the code amendments and sharing those proposed amendments with the three other communities involved in the Springbrook Watershed Project. The code changes also relate to a proposed shoreland overlay district. The current Chapter 105 in Fridley City Code was drafted to ensure minimum requirements for landscape maintenance in the City. Over the years, staff has found the code to be deficient in that it does not address the proper handling of leaves. Scientific studies have shown that grass clippings, leaves, and lawn fertilizers getting into the storm water system adversely affect water quality. Chemically treating our waterways to correct phosphorus overload is very costly. Up front prevention is much more effective and saves public tax dollars. Recently, the State began encouraging native landscaping design and installation. Staff has been able to manage maintenance issues related to native landscaping through the existing weed ordinance. However, changes to the code would encourage more native landscaping, which is beneficial to water quality and can help reduce the volume of storm water runoff. The code language proposed would also enable staff to more effectively mange the installation and maintenance of this type of landscaping. Staff is proposing to repeal the entire existing Chapter 105, Weeds, and adopt a new Chapter 105, entitled Landscape Maintenance. The new Chapter 105 creates definitions of terms related to native landscaping. It maintains the 10" grass height limitation that exists in code today. Parameters are set for native landscape installation and maintenance. Leaving grass clippings or leaves near a waterway of public right of way will be clearly prohibited. Granular fertilizers that land on a pave surface will need to be swept up, and no mowing or fertilizer applications will be allowed within 20' of a waterway edge. 17 Planning Commission, November 2ndth, 2005 14 Additionally, new fanguage in the proposed Chapter 105 prohibits directing newly instalfed - gutter downspouts onto a paved surface. The purpose of this change, of course, is to prevent storm water from going directly into the storm sewer system. Instead, storm water runoff from _ buildings should be directed to a landscaped area, where it can infiltrate into the ground. A clause has been added in the same paragraph permitting rain barrels in the side and rear . yard. Under strict interpretation of the zoning code, rain barrels would be considered unlawful outside storage. Again, to encourage better management of storm water runoff, the City should encourage the use of rain barrels to capture rain water for irrigation. On October 21, 2003, the Fridley Environmental Quality and Energy Commission reviewed this text amendment. The Commission unanimously passed a motion directing staff to make natural landscaping permissible and also endure that natural landscaping is an acceptable option for "vegetative cover," protecting water qualiry and preventing soil erosion as committed in Fridley's NPDES permit application. One of the commissioners pointed out that natural landscaping not only benefits water quality but also benefits air quality as mowing grass generates a great deal of air pollution. Staff recommends approval of TA #05-08, which repeals Chapter 105, Weeds, of Fridley City Code and adopts new language regarding landscape maintenance and creates better storm water quality and quantity controls in the City. Due to the unusual large number of text amendments being processed currently, the City Council will not be reviewing this text amendment until its December 12, 2005 meeting. Commissioner Kondrick questioned how staff can enforce the proposed changes which are valuable for our City and State with so many people living on the river, creeks and lakes _ Ms. Jones responded that staff has pondered this question and see no difference from other codes in the City. Staff relies on complaints from residents to enforce code enforcement issues for the most part. Commissioner Kuechle commented that this is an educational component as well and will be of value to the community. MOTION by Commissioner Dunham, seconded by Commissioner Saba, to close the public _ hearing. UPON A UNANIMOUS VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND PUBLIC HEARING CLOSED AT 9:05 P.M MOTION by Commissioner Kondrick, seconded by Commissioner Saba, to approve the consider the Text Amendment, TA #05-08, by the City of Fridley, to repeal Chapter 105, Weeds, and create a new Chapter 105, Landscape Maintenance. UPON A UNANIMOUS VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED. 9. Consideration of a Text Amendment, TA #05-10, bv the Citv of Fridlev, to repeal Chapter 208, Erosion Control and create a new Chaqter 208, Stormwater Manaqement _ and Erosion Control Ordinance. MOTION by Commissioner Kuechle, seconded by Commissioner Saba, to open the public ' 18 Planning Commission, November 2ndth, 2005 hearing. UPON A UNANIMOUS VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 9:16 P.M. 15 Mr. Haukaas summarized the proposed Chapter 208: Stormwater Management and Erosion Control. This is being submitted to replace our existing Chapter 208: Erosion Control. The proposed ordinance is based on a Model Ordinance provided by the Minnesota Pollution Control Agency (MPCA) with some modifications for our specific conditions in Fridley. The new ordinance more clearly defines the requirements for managing stormwater and erosion � for developments and redevelopments. It also makes these requirements consistent with other communities and the National Pollution Discharge Elimination System rules. The amount of revisions that is needed in our current ordinance is quite extensive. This will make Fridley's ordinance in line with other communities. Some of the key components of this amendment include making a distinction between new development and redevelopment, looking at where the problems exist and at the pollution side of stormwater management. Staff recommends the Planning Commission to approve TA #05-10 for the replacement of Chapter 208 of the City Code in its entirety. Commissioner Kondrick asked for examples of what modifications will be made for specific conditions in Fridley. Mr. Haukaas replied that no changes have been made to the ordinance in a long time. Many ordinances are based on the original development from the 1950-1960's and we need to take into account the redevelopments and what type of additionat controls we need to add. Commissioner Kondrick questioned if some communities have already adopted this policy. Mr. Haukaas confirmed that many have already adopted this policy. Commissioner Kondrick asked for information regarding the rain garden landscaping areas and if after a time they needed to be maintained and replenished. Mr. Haukaas stated that after several years the rain gardens may fill up with sediment that needs to be removed. If the rain garden gets plugged up it wilf hold water but will not infiltrate the water which is the purpose of a rain garden. The rain garden will need to be cleaned to remove the debris or sand and fluff up the soil so it will infiltrate efficiently. Commissioner Savage asked for clarification on how it will be presented to the public in the public hearing. Mr. Haukaas replied that it will be written broad to accept a wide variation of stormwater management methods. This will set up general guidelines to allow the developer to choose what will fit best at the site they are working. Commissioner Saba asked if they have learned anything from the recent storms Mr. Haukaas replied that the problem, as with most storms, is the volume of water in a short amount of time. It is difficult to desi gn stormwater management to handle these situations. Big storms overload the system and cause leaks and sinkholes. The storm did help us identify 19 Pianning Commission, November 2"a+n 2005 i[: weak areas susceptible to washouts and to look at how to prevent them from happening in the future. - MOTION by Commissioner Kondrick, seconded by Commissioner Saba, to close the public _ hearing. - UPON A UNANIMOUS VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND PUBLIC HEARING CLOSED AT 9:20 P.M Commissioner Kondrick mentioned that this is difficult to read and understand. Hopefully it will be laid out in a way that the public will be able to understand it at the public hearing. MOTION by Commissioner Kondrick, seconded by Commissioner Saba,:to approve the consideration of a Text Amendment, TA #05-10, by the City of Fridley, to repeal Chapter 208, Erosion Control, and create a new Chapter 208, Stormwater Management and Erosion Control Ordinance. UPON A UNANIMOUS VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED. 10. RECEIVE THE MINUTES OF THE AUGUST 10, 2005, APPEALS COMMISSION MEETING MOTION by Commissioner Kuechle, seconded by Commissioner Saba, to receive the minutes as presented. ' UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE . MOTION CARRIED UNANIMOUSLY. OTHER BUSINESS ' ADJOURNMENT: MOTION by Commissioner Kondrick, seconded by Commissioner Saba, to adjourn. UPON A UNANIMOUS VOICE VOTE, CHAIRPERSON SAVAGE DECLARED THE MEETING ADJOURNED AT 9:25 P.M. Respectfully submitted by, j��f:��.,`�'� Krista Monsrud Recording Secretary 2� � � CffY OF FRIDLEY T�: FROM: DATE: SUBJECT: AGENDA ITEM CITY COUNCIL MEETING OF NOVEMBER 21, 2005 William W. Burns, City Manager Jon Fi. Fiaukaas, Public Works Director I`lovember 16, 2005 ST 2006-1 Street Improvement Project PW05-059 The attached resolution accepts the Feasibility Report for the 2006 I`ieighborhood Street Improvement Project prepared by the City"s consultant, SEFi. We have been working with SEFi over the past several months to study the project area and compile this report. The project encompasses primarily two neighborhoods in the City and totals approximately 3.8 miles of streets. The proposed streets are identified in the report but generally includes the area south of Community Park and the streets without concrete curb north and east of Fiayes school. A newsletter and survey questionnaire was sent to all of the residents in the project area. We had an excellent response receiving over half of the questionnaires back. An open house is planned for Wednesday, I`iovember 30, 2005. The plan layout and responses to the survey questions will be presented at this meeting. City staff, as well as the consultant, will be present to answer any questions. The resolution establishes a public hearing for the project before the City Council at its December 12, 2005 meeting. The preliminary assessment list will be adopted at this time based on existing City policy. Recommend the City Council adopt the resolution to receive the Feasibility Report and establish a public hearing for the 2006 I`ieighborhood Street Improvement Project. Jtiti:cz Attachment RESOLUTION NO. 2005 - RESOLUTION RECEIVING THE FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING ON THE MATTER OF CONSTRUCTION OF CERTAIN IMPROVEMENTS: NEIGHBORHOOD STREET IMPROVEMENT PROJECT NO. ST. 2006 - 1 WHEREAS, the construction of certain improvements is deemed to be in the interest of the City of Fridley and the property owners affected thereby, and WHEREAS, the City of Fridley has prepared a Capital Improvement Plan to systematically reconstruct streets in the City to a standard section including concrete curb and gutter, and WHEREAS, the consulting firm of Short Elliot Hendrickson was awarded the design contract for Project No. ST. 2006 - 1 at the August 22, 2005 City Council Meeting, such contract including the preparation of a feasibility report and estimates of costs thereof for the improvements. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley as follows: l. That the feasibility report and preliminary plans prepared by the City's consultant SEH and submitted by the Public Works Director, is hereby received and accepted. 2. That the City Clerk shall act to ascertain the name and address of the owner of each parcel of land directly affected or within the area of lands as may be proposed to be assessed for said improvements, and calculate estimates of assessments as may be proposed relative thereto against each of said lands. 3. That the area proposed to be assessed for said improvements and each of them as noted in said notice are all the lands and areas as noted in said notice: All of the same to be assessed proportionately according to the benefits received. 4. That the estimates of assessments of the Clerk shall be available for inspection to the owner of any parcel of land as may be affected thereby at any public hearing held relative thereto, as well as at any prior time reasonable and convenient. Resolution No. 2005 - Page 2 5. That a public hearing be scheduled for December 12, 2005 and that all property owners whose property is liable to be assessed with the making of the improvements and constitute 100 percent of the property owners who will benefit from the improvement be notified of the public hearing under the normal procedures set forth in Minnesota Statutes Chapter 429. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 21st DAY OF NOVEMBER 2005. SCOTT J. LUND - MAYOR ATTESTED: DEBRA A. SKOGEN - CITY CLERK � � CffY OF FRIDLEY TO: FROM: AGENDA ITEM COUNCIL MEETING OF NOVEMBER 21, 2005 WILLIAM W. BURNS, CITY MANAGER RICHARD D. PRIBYL, FINANCE DIRECTOR SUBJECT: RESOLUTION ABATING A PORTION OF THE ASSESSMENT FOR CERTAIN PROPERTIES WITHIN THE 2005-1 STREET IMPROVEMENT PROJECT Date: November 17, 2005 On the evening of October 24, 2005, staff presented the final assessment roll and resolution for the 2005-1 Street Project. Staff indicated that they would be coming back to Council with an abatement resolution reducing a few of the properties within the assessment. This was necessary due to the size of the project and the phasing done through the summer. This year, along with the street improvement, residents were allowed to include their driveway as part of the assessment, as long as they agreed to be assessed for 100% of the cost. Due to the length of the project final numbers were not available until just recently. The final assessment roll presented on October 24, 2005, included a few estimates that were known to be high. This was done so as not to postpone the assessment until next year and add one more years worth of interest expense to each homeowner. Staff recommends the approval of the resolution abating a portion of the assessment for certain properties within the 2005-1 Street Improvement Project. 1:7�7� �� Attachment(s) RESOLUTION NO. - 2005 A RESOLUTION ABATING A PORTION OF THE ASSESSMENT FOR CERTAIN PROPERTIES WITHIN THE 2005-1 STREET IMPROVEMENT PROJECT WHEREAS, the City Council on the evening of October 24, 2005 approved the final assessment on all of the properties within the 2005-1 Street Improvement Project; and WHEREAS, due to the magnitude of the 2005 -1 Street Improvement Project and the desire by the city to assess the properties during 2005 it was necessary to prepare the final assessment role prior to the establishment of final costs for a few properties, and WHEREAS, in order to properly assess a number of the properties in which the final costs had not been determined at the date of the final assessment hearing and resolution, the Council wishes to reduce the assessments on the following properties to fairly reflect the actual costs associated with each improved property, and NOW THEREFORE BE IT RESOLVED that the City Council of the City of Fridley, is abating the principle amounts of the ST. 2005-1 Street Improvement Project on the following lots: PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 2005. Scott J. Lund, Mayor ATTEST: Debra A. Skogen, City Clerk Attachment 1 ADDRESS PIN ABATEMENT Richard W & Karen Brisbois 132 Craig Way Fridley MN 55432 103024120053 $722.25 Sharon Johns 148 Talmadge Way Fridle MN 55432 103024130015 $420.48 Wilmer & Anderson M J Carstens 271 Rice Creek Terrace Fridle MN 55432 143024220067 $368.28 Lyle M& Elsie M Elverud 221 Rice Creek Terrace Fridley MN 55432 143024220071 $408.41 Bettina L Boege 290 Rice Creek Terrace Fridle MN 55432 143024220075 $121.20 Kevin J Kiefer 170 Rice Creek Terrace Fridle MN 55432 143024230015 $85.91 Harry Case 6730 2"d Street Fridle MN 55432 143024230018 $23.11 Jeanette Marie Ylinen 6700 2"d Street Fridley MN 55432 143024230021 $142.81 Carole A Makie 200 Rice Creek Terrace Fridle MN 55432 143024230028 $352.33 Lori L Stasik 6810 Plaza Curve Fridle MN 55432 143024230034 $172.99 Clem J& Elizabeth C Nagel 6740 Plaza Curve Fridle MN 55432 143024230041 $43.40 Bogdan & Teresa Pekala 6720 Plaza Curve Fridley MN 55432 143024230043 $148.28 Gary D& Rita M Pederson 6710 Plaza Curve Fridle MN 55432 143024230044 $82.93 Attachment 1 ADDRESS PIN ABATEMENT Donald M& Lenda D Hanley 6731 Plaza Curve Fridle MN 55432 143024230058 $392.63 Dale & Olson Janet Swanson 6781 Plaza Curve Fridle MN 55432 143024230062 $108.16 Marlene M& Robert M Berglin 6801 Plaza Curve Fridley MN 55432 143024230063 $241.61 Julio Vasquez 6500 2"d Street Fridley MN 55432 143024230087 $191.41 Rebecca Olson 6510 2"d Street Fridle MN 55432 143024230088 $191.41 Kathleen J Schultz 6520 2"d Street Fridle MN 55432 143024230089 $191.40 Bradley D Sr & Denise M Thomas 240 Rice Creek Terrace Fridley MN 55432 143024230096 $157.20 James M& Marlene A Tracy 250 Rice Creek Terrace Fridle MN 55432 143024230097 $425.58 Stylmark Inc 6536 Main St NE Fridle MN 55432 153024140054 $4,616.04 Total Abatement $9,607.82 � � CffY OF FRIDLEY To: From: Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF November 21, 2005 William W. Burns, City Manager Richard D. Pribyl, Finance Director Deb Skogen, City Clerk November 18, 2005 Fridley Lions Club - Charitable Gambling Premise Permit Renewal —Joe Dimaggids, 1298 East More Lake Drive Section 30 of the Fridley City Code allows Lawful Gambling by a licensed organization. The Fridley Lions Club is currently conducting charitable gambling at Joe Dimaggio's, 1298 East Moore Lake Drive. Their Charitable Gambling Premise Permit expires on February 29, 2006. The renewal application requires a resolution from the City Council approving the renewal. If approved, the premise permit would become effective March 1, 2006 and expire February 28, 2008. Please find a resolution for the renewal premise permit. Staff recommends Council's approval. RESOLUTION NO. 2005 - RESOLUTION IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT FOR FRIDLEY LIONS CLUB (JOE DIMAGGIO' S) WHEREAS, the City of Fridley has been served with a copy of an Application for a Minnesota Lawful Gambling Premise Permit for the Fridley Lions Club; and WHEREAS, the location of the Premise Permit is for Joe Dimaggio's Restaurant, 1298 East More Lake Drive and will be effective from March 1, 2006 to February 28, 2008; and WHEREAS, the City of Fridley has found no reason to restrict the location for the charitable gambling operation. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley approves the Minnesota Lawful Gambling Premise Permit Application for the Fridley Lions Club at Joe Dimaggio's located at 1298 East Moore Lake Drive. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 21sT DAY OF NOVENIBER 2005. SCOTT J. LUND - MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK � � CffY OF FRIDLEY To: From Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF NOVEMBER 21, 2005 William W. Burns, City Manager Deborah K. Dahl, Human Resources Director November 17, 2005 Compensation Adjustments In order to prepare the final figures for the Personal Services portion of the 2006 budget, it will be necessary for the City Council to approve any adjustments to salaries, benefits and other forms of compensation for 2006. I recommend the following for full- and part-time City employees: 1. A general increase of 3.0 percent in salaries. 2. An increase of 3.0 percent in automobile allowances, where applicable. Please present the attached resolution to the City Council at their November 21, 2005, meeting. Thank you for your attention to this matter. dkd/rsc Attachment RESOLUTION NO. 2005 - RESOLUTION AUTHORIZING AN INCREASE IN COMPENSATION AND CHANGES IN CERTAIN BENEFITS FOR THE 2006 CALENDAR YEAR WHEREAS, it is the intention of the Fridley City Council to provide fair and equitable compensation to Fridley City employees within budgetary constraints; and WHEREAS, the City of Fridley intends to comply with the Minnesota Local Government Pay Equity Act; and WHEREAS, the City Council and City staff have reviewed the City's financial position as well as economic indicators and compensation adjustments by comparable employers; and WHEREAS, an adjustment of employee salaries and benefits is warranted; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley that the following adjustments and changes be authorized for non-union employees of the City of Fridley, effective January 1, 2006: 1. A general increase of 3.0 percent in non-union employee salaries. 2. An increase of 3.0 percent in automobile allowances, where applicable. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF NOVEMBER, 2005. SCOTT J. LUND - MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK � AGENDA ITEM � COUNCIL MEETING OF NOVEMBER 21, 2005 CffY OF FRIDLEY CLAI MS 124058 - 124356 � � C,fTY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF NOVEMBER 21, 2005 LICENSES Type of License CHR/STMAS TREE SALES Menard, Inc. 5351 Central Av NE Fridley, MN 55432 � Approved By J. Menard Public Safety Director Community Development Dir. Fire Inspector � AGENDA ITEM � CITY COUNCIL MEETING OF �TM°F NOVEMBER 21, 2005 FRIDLEY Contractor T e A licant A roved B A B& B Plumbing & Htg Inc Plumbing Brent Marchand State of MN All Weather Builders & Remod Residential Frank Zepeda State of MN Ark Concrete Construction Residential Noah Day State of MN Chad Grell Contractor Commercial Chad Grell Ron Julkowski, BO Clear Choice USA Commercial Matt Skinner Ron Julkowski, BO Construct-All Corporation Commercial Mike McNellis Ron Julkowski, BO Construction Services Inc Commercial Diane Anderson Ron Julkowski, BO Deck works Desi n& Const Residential John S uire State of MN E J Electric LLC Electrical Gerald Williams State of MN Edward Sylvers Residential Edward Sylvers State of MN FBC Concepts Residential Franklin Collins State of MN Fridley Roofing & Remodeling Commercial Todd Belrose Ron Julkowski, BO Gar D Olson Co LLC Residential Ga Olson State of MN Great Lakes Window & Sidin Residential Daniel Brouillet State of MN Home Owners Improvement Co Residential Robert White State of MN Horizon Home Improvement Inc Residential Dan engebretson State of MN Itasca Restoration Commercial Jim Schumacher Ron Julkowski, BO Lakewoods Remodeling Residential LeRoy Kohn State of MN Lakewood Roofin Residential Ton Ernster State of MN Marc Peterson Roofing & Remod Residential Marc Peterson State of MN M P Johnson Construction Commercial Michael Johnson Ron Julkowski, BO MZ Construction Solutions Residential Mike Zehm State of MN Mi ht Oak Construction Residential Mike Brummund State of MN New Vision Remodelers Residential Steve Fisher State of MN Northland Home Exteriors Inc Residential Doyle Land State of MN Osborne Builders Inc Residential John Osborne State of MN RPZ Services Plumbing Michael Westman State of MN Ri ht Wa Roofin Residential Scott Voves State of MN Robarge Excavating Excavating Don Robarge Ron Julkowski, BO SKM Siding Residential Shane Aherns State of MN Superior Construction Services Residential Randall Hedden State of MN Superior Heating AC & Electric Heating Mark Johnson Ron Julkowski, BO Su erior Heatin AC & Electric Gas Services Mark Johnson Ron Julkowski, BO Theodore Bergum Plbg Plumbing Theodore Bergum State of MN Thunder Restoration Inc Residential Mark Reyer State of MN TLT Ente rises Commercial Timoth Toensin Ron Julkowski, BO Van Mar Construction Commercial Amanda Easte Ron Julkowski, BO Weatherguard Construction Co Residential Matt MacDonald State of MN Welter Building Company LLC Residential Josh Welter State of MN C:Allocuments and Settings\hmtzm\llesktop\CC Contractor Listformat.doc � AGENDA ITEM � CITY COUNCIL MEETING OF NOVEMBER 21, 2005 � °F ESTI MATES FRIDLEY Shank Construction, Inc. 3501 — 85th Avenue North Brooklyn Park, MN 55443 Commons Park Water Treatment Plant Upgrade Proj ect No. 3 57 EstimateNo. 1 ......................................................................................... $ 46,654.00 BCG Construction, Inc. 3117 Salem Avenue South St. Louis Park, MN 55416 2005 Miscellaneous Concrete Repair Proj ect No. 3 59 EstimateNo. 5 ....................................................................................... $ 4,734.94 Dave Perkins Contracting, Inc. 14230 Basalt StreetN.W. Ramsey, MN 55303 71 '/z Avenue Street Improvement Proj ect No. ST. 2005 — 3 Estimate No. 1 ....................................................................................... $ 51,157.50 � � CffY OF FRIQLEY Date To AGENDA ITEM CITY COUNCIL MEETING OF NOVEMBER 21, 2005 November 15, 2005 Wlliam Burns, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Coordinator Stacy Stromberg, Planner Subject: Public Hearing for Rezoning Request, ZOA #05-04, by Peter Borman M-05-136 INTRODUCTION The petitioner, Peter Borman, owner of 120 River Edge Way, on behalf of all the owners of 100, 104, 108, 112, 116, 120, 124, 128, and 132 River Edge Way, is requesting to rezone the properties listed above from R-3, Multi-Family to R-1, Single Family. The petitioner has contacted all of the above property owners regarding the rezoning request and we have received signatures from all of them. Cross-hatched area to be rezoned PLANNING COMMISSION RECOMMENDATION At the November 2, 2005, Planning Commission meeting, a public hearing was held for ZOA #05-04. After a brief discussion, the Planning Commission recommended approval of rezoning request, ZOA #05-04. THE MOTION CARRIED UNAMIOUSLY. PLANNING STAFF RECOMMNEDATION City Staff recommends concurrence with the Planning Commission and that the City Council hold a public hearing for Rezoning Request, ZOA #05-04 on November 21, 2005. City of Fridley Land Use Application ZOA-05-04 November 2, 2005 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Peter Borman 120 River Edge Way Fridley MN 55432 Requested Action: Rezone property from R-3 to R-1 Existing Zoning: R-3 (Multi-Family) Location: 100, 104, 108, 112, 116, 120, 124, 128, and 132 River Edge Way Size: 100 River Edge Way: approx. 9,960 sq. ft. 104 River Edge Way: approx. 9,840 sq. ft. 108 River Edge Way: approx. 9,840 sq. ft. 112 River Edge Way: approx. 9,840 sq. ft. 116 River Edge Way: approx. 9,840 sq. ft. 120 River Edge Way: approx. 9,840 sq. ft. 124 River Edge Way: approx. 9,840 sq. ft. 128 River Edge Way: approx. 9,840 sq. ft. 132 River Edge Way: approx. 12,989 sq. ft. Existing Land Use: Single Family Homes Surrounding Land Use & Zoning: N: Single Family & R-1 E: East River Road & ROW S: Stevenson Elementary School & P W: Single Family & R-1 Comprehensive Plan Conformance: Consistent with Plan. Zoning Ordinance Conformance: Section 205.07.01.A.(1) allows one family dwellings Zoning History: 100 River Edqe Way: 1957 — Lot is platted. 1960 — House and garage constructed. 104 River Edqe Wav: 1957 — Lot is platted. 1957 — House is constructed. 2001 — Deck constructed. 108 River Edqe Wav: 1957 — Lot is platted. 1961 — House and garage constructed. 1975 — Addition to garage. 112 River Edqe Wav: 1957 — Lot is platted. No initial building permit for the house 1967 — Detached garage constructed. 1977 — Addition to house. 1979 — Decks constructed. 116 River Edqe Way: 1957 — Lot is platted. 1959 — House constructed. 1960 — Detached garage constructed. 2001 — Detached garage removed and re- constructed. 120 River Edqe Way: 1957 — Lot is platted. 1958 — House and garage constructed. 1961 — Porch constructed. 1994 — Detached garage removed and re- constructed. 124 River Edqe Way: 1957 — Lot is platted. 1961 — House constructed. 1964 — Detached garage constructed. 128 River Edqe Way: 1957 — Lot is platted. 1957 — House and garage constructed. 132 River Edqe Wav: 1957 — Lot is platted. 1957 — House constructed. 1997- Portico added to home. 2003 — Detached garage removed and a new attached garage with living space above constructed. Legal Description of Property: Lots 20-28, Block 1, River Edge Addition. Council Action / 60 Day Date City Council — November 21, 2005 60 Day Date — November 28, 2005 SUMMARY OF REQUEST Peter Borman, on behalf of all the owners of the properties at 100, 104, 108, 112, 116, 120, 124, 128, and 132 River Edge Way is requesting to rezone those listed properties from R-3, Multi- Familv to R-1, Sinale Familv. SU M MARY OF ANALYSIS City Staff recommends approval of this rezoning request. • Proposed rezoning corrects an existing non- conformity. • Proposed rezoning is consistent with the Comprehensive Plan. Staff Report Prepared by: Stacy Stromberg ZOA #05-04 REQUEST The petitioner, Peter Borman, owner of 120 River Edge Way, on behalf of all the owners of 100, 104, 108, 112, 116, 120, 124, 128, and 132 River Edge Way, is requesting to rezone the properties listed above from R-3, Multi-Family to R-1, Single Family. The petitioner has contacted all of the above property owners regarding the rezoning request and we have received signatures from all of them. Cross-hatched area to be rezoned ANALYSIS All of the above referenced properties were developed with single-family homes between the years of 1957-1961. They are all zoned R-3, Multi-Family and have been since the City's 1St zoning map dating back to 1958. The 1958 zoning map shows an R-3, Multi- Family zoning designation starting at the south edge of River Edge Way (61St Way) and extending all the way to Interstate 694 (Hwy 100). Sometime between 1958 and 1962 the school district purchased the land south of the subject properties, which resulted in a change of zoning from R-3, Multi-Family to P, Public. The land south of the subject properties is where Stevenson Elementary currently exists. As a result of the school property being rezoned to Public, a strip of R-3, Multi-Family land remains as a remnant of that once very large R-3 zoned property. The petitioner, Peter Borman, who lives at 120 River Edge Way has submitted this rezoning request on behalf of all of the adjoining neighbors. They would like to see the current zoning changed to reflect the current land use, which is singe family. While single family homes are a permitted use in the R-3, Multi-Family zoning district, changing the zoning to the lands current use, will allow the single family neighborhood to remain the same as it exists today. The City's zoning ordinance and official zoning map are the mechanisms that help the City achieve the vision laid out in the Comprehensive Plan. The law gives the City the authority to "rezone" property from one designated use to another, so long as the zoning is in conformance with the Comprehensive Plan. The Comprehensive Plan's current land use map and 2020 future land use map designates this area as "Single Family." Therefore, rezoning these properties from R-3, Multi-Family to R-1, Single Family is consistent with the Comprehensive Plan and will promote preservation and reinvestment in of the existing single-family neighborhood. Staff Recommendation City Staff recommends approval of this rezoning request, with stipulations. • Proposed rezoning corrects an existing non-conformity. • Proposed rezoning is consistent with the Comprehensive Plan. ORDINANCE NO. ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS The Council of the City of Fridley does ordain as follows: SECTION 1. Appendix D of the Fridley City Code is amended hereinafter as indicated. SECTION 2. The tract or area within the County of Anoka and the City of Fridley and described as: 100 River Edqe Way Lot 28, Block 1, River Edge Addition, subject to easement of record 104 River Edqe Way Lot 27, Block 1, River Edge Addition, subject to easement of record 108 River Edqe Way Lot 26, Block 1, River Edge Addition, subject to easement of record 112 River Edqe Way Lot 25, Block 1, River Edge Addition, subject to easement of record 116 River Edqe Way Lot 24, Block 1, River Edge Addition, subject to easement of record 120 River Edqe Way Lot 23, Block 1, River Edge Addition, subject to easement of record 124 River Edqe Way Lot 22, Block 1, River Edge Addition, subject to easement of record 128 Rivers Edqe Way Lot 21, Block 1, River Edge Addition, subject to easement of record 132 River Edqe Wav Lot 20, Block 1, River Edge Addition, subject to easement of record Is hereby designated to be in the Zoned District R-1 (Single Family). SECTION 3. That the Zoning Administrator is directed to change the official zoning map to show said tract or area to be rezoned from Zoned District R-3 (General Multiple Units) to R-1 (Single Family). PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS _DAYOF ,_. SCOTT J. LUND — MAYOR ATTEST: DEBRA A. SKOGEN — CITY CLERK Public Hearing: November 21, 2005 First Reading: Second Reading: Publication: � � CffY OF FRIDLEY DATE: TO: FROM: SUBJECT AGENDA ITEM CITY COUNCIL MEETING OF NOVEMBER 21, 2005 November 16, 2005 William Burns, City Manager Scott Hickok, Community Development Director Julie Jones, Planning Coordinator Rachel Harris, Environmental Planner Public Hearing TA #OS-04 Shoreland Overlay District, Ch. 20532 O-7 Background This text amendment involves creating an overlay district which would include all Fridley property that abuts a waterway. The purpose of the Shoreland Overlay District would be to protect our public waters by limiting over-development on shoreland property. Adoption of a Shoreland Overlay District is required by State law. City staff drafted an ordinance to meet a State mandate about 15 years ago, but the draft ordinance never proceeded past the City Council work session level of discussion. The need to approve a Shoreland Ordinance has resurfaced because the Metropolitan Council will not approve our next Comprehensive Plan update unless we have adopted such an ordinance. There were many concerns with the previously proposed code language. The DNR was insisting that both first and second tier properties be included in the overlay district. This meant over 900 property owners were affected. Many nonconforming properties were going to be created, and City Code did not permit rebuilding of those properties if destroyed by natural disaster. Now, years later, the DNR seems to be more lenient on some of their requirements, and a change in State Statutes means nonconforming properties can be rebuilt. The proposed overlay district now only includes first tier properties. Staff is in the process of getting the DNR's approval on the draft Shoreland Ordinance. The City also needs to get approval on flexibility to exceed the State's 25% lot coverage requirement on shoreland property. Fridley's draft code is based upon the City of New Hope's successfully adopted shoreland ordinance, which was approved by the DNR several years ago. The main difference this proposed shoreland ordinance has over previously considered language is that it only will impact first tier properties along shoreline areas and structures that are nonconforming will be allowed to continue. Recent changes in State Statute will also allow the rebuilding of legal nonconforming structures, provided the geographic footprint of the building is not expanded. The Shoreland Overlay district will basically place restrictions on shoreland property in two ways: 1. Amount of impervious surface 2. Proximity of structures on the property to the waterbody The Shoreland Overlay district, as drafted, would limit the amount of impervious surface on a properry of 35% of total land area. If a property owner wants to expand beyond this percentage, they would need to apply for a variance. Staff has randomly selected some existing properties and analyzed the level of impervious surface. The properties that will likely exceed this percentage are ones that have swimming pools, basketball courts, or large paved patio areas. The draft ordinance sets building setback proximity limits to the water or bluff line. These limits are unchanged from those existing in the Critical Area Overlay district, which includes all Mississippi River property. The Shoreland Ordinance would create similar setback limits for lake, pond, and stream properties. One question that has repeatedly come up is how many other cities besides Fridley do not have approved Shoreland Ordinances. Our DNR representative had indicated that they did not have a list but only knew of about four cities in the area that do not have an approved shoreland ordinance. Staff did some investigating and found that five of the nine contiguous cities around Fridley also do not have shoreland ordinances adopted, but one is in process. We also discovered that 19 of 29 cities in the Rice Creek Watershed District do not have approved shoreland ordinances. Commission Review On September 20, 2005, the Fridley Environmental Quality and Energy Commission reviewed the attached text amendment and unanimously approved the proposed ordinance. They believe this ordinance will further educate the public about the delicate balance between human habitat and necessity of preserving and protecting our natural surroundings. On November 2, the Planning Commission held a public hearing on TA#OS-04. They forwarded the item on to Council for a November 21 public hearing, but were disappointed that no one from the public appeared to testify. Individual notices had not been sent to affected property owners. Only the legislatively required public hearing notice had been posted in the local newspaper. Realizing we needed to provide extra notification on this issue, staff immediately began preparation of a detailed public hearing notice (attached) for the Council public hearing, which has now been mailed to a11437 affected property owners. Following the mailing of the November 21 public hearing notice, several affected property owners have contacted staff with questions. Mostly, property owners have just wanted to confirm that they will be allowed to exist as currently built. Few people we have heard from have plans for expansion. Recommendation Staff concurs with the recommendation for approval by the Planning Commission, following a November 21, 2005 public hearing. M-OS-139 November 16, 2005 Tom Hovey DNR-Division of Waters 1200 Warner Rd. St. Paul, MN 55106 Re: Fridley's Draft Shoreland Overlay District Ordinance Dear Mr. Hovey: I am happy to report that after two years of work, the City of Fridley staff has prepared a new draft Shoreland Overlay District text amendment. This text amendment (TA #OS-04) is scheduled for a public hearing before our City Council on Monday, November 21, 2005. In our phone conversation yesterday, I came to realize that the City needs to request fle�bility to exceed the State standard on lot coverage of 25 percent. After much internal debate and analysis of a random sampling of first tier properties, staff concluded that even a lot coverage limitation of 35 percent would make many existing properties non-conforming. Residential property that has an averaged sized lot and buildings meets the 35 percent threshold for impervious surface area, but residential properties that have an in-ground swimming pool or a paved patio area typically do not. Any commercial/industrial properties in the overlay will not meet the 35 percent limit on impervious surface, but there are only six such properties in the proposed overlay district boundaries. There are no undeveloped first tier properties left in the City to our knowledge, so we are considering a requirement for built-out property. The draft Shoreland Ordinance includes language that would allow property owners to apply for a variance to the 35 percent lot coverage limit. However, in order to obtain such a variance, applicants would be required to assess areas where the impacts of additional impervious area can be mitigated. This will be a similar process that staff has already used with redevelopment project applications as NPDES rules require no new storm water runoff from added impervious areas on projects over an acre in size. In addition to the Shoreland Overlay District Ordinance, the City is also considering the adoption of several other water quality protection measures. Staff is proposing changing our curbing requirements to encourage more swales and rain gardens for storm water treatment. A revised Stormwater Management and Erosion Control Ordinance, a revised Public Nuisance Ordinance, and a revised Landscaping Maintenance Ordinance are all being reviewed by the City Council in December. Many of these changes include controversial requirements like a ban on feeding waterfowl and mandated landscape buffers along waterways. Staff cannot predict what measures will reach final adoption at this point, but we are making an effort to do more to protect water quality in our community. I would appreciate you conveying our request for flexibility from the lot coverage rule through to the appropriate State authority, so that we may proceed with our ordinance review, knowing that we are moving in the right direction with this draft ordinance. Thank you for your personalized assistance in development of Fridley's Shoreland Ordinance. Sincerely, Julie Jones Planning Coordinator C-OS-76 City Shoreland Shoreland Ordinance- YES Ordinance-NO Brooklyn Park X Brookl n Center In rocess Minneapolis X Columbia Heights X New Bri hton X Mounds View X Spring Lake Park X Blaine X Coon Rapids X New Ho e X ** See Scott for larger list of Rice Creek Watershed District ' , � . , Rice Creek Watershed District ��"�'W 1 0 1 2 3 4 5 6 7 Miles ��i I ;" i K^ - I . �. . . i M. .. . . , ;' Legend r _ i _..-- ' .1.. � cm.xws Roads Parka N , .',•.. -_- � (V oxa,., N u�.m�.H�+r B°'e��m.na... � ; RCWD ; . �ax. !V usHren�.v µ, E. ,.� ..,:: �., ■ (�/ xa.won.�a ,� �- -. ....�. ; ,' wa.�an.a y ❑ N �rv �a , `�� Boumerv ..,.; Cb9ww $ !,�^a_ ['.. ...._.2 1 Thls mep wntalns tlala (rom s vvlety oi aources Includlnp tM RCWD, DNR, BWSR, MetCou�ll, and Ths IawreMa Gmup. COLUMB S Metro Watershed Management Organizations ; ` ' �� j i, , � ^�-�° R23WIR22W I �, _ . __.r_ •- -- - .. HAM LAKE �r � ; � � a Y ' i T32N � � � � - - _.,��"� . :2;'' .,._ T31N , ¢` �.� i �� .:_,.i � t , Anoka County R24W R23W T31N T30N � ' ' SPRING ,�� t, LAKE - ; + PARK y,,;i „ COLUMBIA HEIGHTS { i=;i, T30N `'�; T29N � ST.ANTHONY� Hennepin County Ramsey County WHITE BEAR R23W R22W R22W R21W The Rke Qeek Wete�ed DhbIU P��a Ma dela conlalned In tlrie dacunent HEIGHTS i� mro�meuo�i P�ro�s oniY. aoa wano�c w.nemr, e■veee «m�orbe, es ro me accuracy a canplatanwa d tlro date. «tl�e fioneas fin e psticulm purposa. R2IWIRZOW � NEW T32N I T31N MAY Washington � County �` �-!'`�, T31N _ . . T30N - - -- Munici alit State A roved Shoreland Ordinance Arden Hiils NO Birchwood Villa e YES Blaine NO Centenrille NO Circle Pines �NO Columbia Hei hts NO Columbus TWP YES Detlwood YES Faicon Hei hts NO Forest Lake YES Fridie NO Grant NO Ham Lake YES Hu o NO Lauderdale NO Lexin ton NO Lina Lakes YES Mahtomedi YES Ma Townshi NO Mounds View NO New Bri hton NO New Scandia TWP NO Roseville NO St. Anthon NO Shoreview YES � S rin Lake Park NO White Bear Lake YES White Bear TWP YES . �. Willemie NO.,J - .; Page 1 of 1 Harris, Rachel From: Ken Powell [kpowell@ricecreekwd.com] Sent: Friday, November 18, 2005 10:38 AM -To: Harris, Rachei Subject: RE: Approved Shoreland Overlay Districts -Attachments: shoreland cities.pdf See attached. Ken Powell Permit Coord./Professional Wetland Scientist Rice Creek Watershed District 4325 Pheasant Ridge Drive NE, Suite 611 Blaine, MN 55449-4539 e-mail: �owefl ricecreek.org phone: 763-398-3072 fax: 763-398-3088 cell: 651-491-1125 website: www.ricecreek.orp -----Original Message----- . From: Harris, Rachel [mailto:HarrisR@ci.fridley.mn.us] � Sent: Friday, November 18, 2005 10:32 AM To: Ken Powell � Subject: Approved Shoreland Overlay Districts Ken, Here is my email address. Thanks in advance for the list of cities. Rachel Harris Environmental Planner City of Fridley 6431 University Avenue NE Fridley, MN 55432 Phone� (763) 572-3594 Fax� 763.571.128? Email� Harrisr�ci.fridley.mn.us 49 11/18/2005 ORDINANCE NO. AN ORDINANCE CREATING CHAPTER 205.32 O-7 OF THE FRIDLEY CITY CODE PERTAINING TO SHORELAND OVERLAY DISTRICT - The City Council of the City of Fridley hereby finds, after review, examination and , recommendation of staff, that the Fridley City Code be hereby created as follows: 205.32 O-7 SHORELAND OVERLAY DISTRICT 1. PURPOSE AND INTENT A. The uncontrolled use of shorelands in the city affects the public health, safety and general welfare not only by contributing to pollution of public waters, but also by impairing the local tax base. Therefore, it is in the best interests of the public health, safety and welfare to provide for the wise use and development of shorelands of public waters. B. Statutory authorization. These shoreland regulations axe adopted pursuant to the authorization and policies contained in Minn. Stat. ch. 103G, Minnesota Regulations, Parts 6120.2500 through 6120.3900, and the planning and zoning enabling legislation in Minn. Stat. ch. 462. C. Jurisdiction. The provisions of this Code shall apply to shorelands of the public water bodies as classified in Section 20532.3.B of this Code. A body of water created by a _ private user where there was no previous shoreland may, at the discretion of the governing body, be exempt from this Code. D. Compliance. The use of any shoreland of public waters; the size and shape of lots; the use, size, type and location of structures on ldts; the grading and filling of any shoreland area; and the cutting of shoreland vegetation shall be in full compliance with the terms of this Code and other applicable regulations. E. District application. The shoreland overlay district shall be superimposed (overlaid) upon all the zoning districts as identified in Chapter 205 of this Code as existing or amended by the text and map of this Code. The regulations and requirements imposed by the shoreland overlay district shall be in addition to those established by the base zoning district which jointly apply. Under joint application of the districts, the more restrictive requirements shall apply. F. Exemption. A structure or use which was lawful before adoption of this Chapter, but which is not in conformity with the provisions of the shoreland overlay district, may be continued subject to Section 205.04.3 of this Code. _ 50 2. DISTRICT BOUNDARIES The boundaries of the shoreland permit overlay district within the city consists of the first tier of riparian lots abutting a protected lake or tributary identified in Section 205.32.3.B of this Code. The specific boundaries of the shoreland permit overlay district are shown on the Fridley Zoning Map. 3. DEFINITIONS For the purpose of this Chapter certain terms and words are hereby defined: Words used in the present tense shall include the future; words in the singular include the plural, and the plural the singular; the word "building" shall include the word "structure"; and the word "lot" shall include the word "plot"; and the word "shall" is mandatory and not directory; and the word "including" shall mean "including, but not limited to". For the purpose of this district the following definitions shall apply: A. Accessory Building. A subordinate building or use which is located on the same lot as the principal building or use and is necessary or incidental to the conduct of the principal building or use. B. Bluff. Those steep slopes lying between the ordinary high water mark and the River Corridor boundary having an angle of ascent from the river of more than twelve percent (12%) from the horizontal. C. Bluffline. A line delineating the top of the bluff connecting the points at which the angle of ascent becomes less than twelve percent (12%). More than one (1) bluffline may be encountered. D. Bluff Impact Zone The area between the Bluffline and forty (40) feet inland from the bluff. E. Commission. The City of Fridley Planning Commission. F. Commissioner. The Commissioner of the Department of Natural Resources of the State of Minnesota. G. Council. The Fridley City Council. H. Critical Area. The area known as the Mississippi River Corridor Critical Area designated by the Governor in the Executive Order No. 130. I. Development. The making of any material change in the use or appearance of any structure or land including reconstruction; alteration of the size of any structure; alteration of the land; alteration of a shore or bank of a river, stream, lake or pond; a commencement of drilling (except to obtain soil samples); mining or excavation; demolition of a structure; clearing of land as an adjunct to construction; deposit of refuse, solid or liquid waste, or fill on a parcel of land; the dividing of land into two (2) or more parcels. Impervious Surface. A constructed hard surface that either prevents or retards the entry of water into the soil, and causes water to run off the surface in greater quantities and at an increased rate of flow tan existed prior to development. Examples include rooftops, sidewalks, patios, driveways, parking lots, storage areas, and concrete, asphalt, or gravel roads. K. Lot Coverage. The amount of impervious surface on a lot. L. Ordinary High Water Level. Minnesota State Statute 103G.005, subdivision 14 defines ordinary high water level as the boundary of waterbasins, watercourses, public waters, and public waters wetlands, and: (1) the ordinary high water level is an elevation delineating the highest water level that has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly the point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial; (2) for watercourses, the ordinary high water level is the elevation of the top of the bank of the channel; and (3) for reservoirs and flowages, the ordinary high water level is the operating elevation of the normal summer pool. M. Shore Impact Zone The area between the ordinary high water mark and fifty (50) feet inland from the ordinary high water mark. N. Structure. Anything constructed or erected which requires location on or underground or attachment to something having location on or underground. This includes an edifice or building of any kind, or any piece of work artificially built up or composed of parts j oined together in some definite manner, whether of a temporary or permanent character. 4. SHORELAND CLASSIFICATION SYSTEM A. Public waters. The public waters of Fridley have been classified below consistent with the criteria found in Minnesota Regulations, Part 6120.3300, and the DNR Protected Waters Inventory Map for Anoka County, Minnesota. B. Official map. The shoreland permit district for the waterbodies listed below shall be shown on the Fridley Zoning Map. (1) Lakes Recreational Development Lakes Moore Lake Spring Lake General Development Lakes Locke Lake Harris Pond Natural Environment Lakes Farr Lake Public Water in Springbrook Park (2) Rivers and streams Rivers Mississippi River Tributary Streams Norton Creek Oak Glen Creek Rice Creek Springbrook Creek Stoneybrook Creek 5. ADMINISTRATION From Protected Waters Inventory I.D. # 2-75P 2-71P Protected Waters Inventory I.D. # 2 - 77P .: � 1� Protected Waters Inventory I.D. # 2-78P 2-688P To Sec 3, T30N, R24W Sec 34, T30N, R24W A. Building permit required. A permit is required for the construction of buildings or building additions (and including such related activities as construction of decks and signs), and those grading and filling activities not exempted by this Code that occur within the shoreland district. Application for a building permit shall be filed with the zoning administrator or any staff persons designated by the city manager on an official application form of the city, accompanied by a fee as set forth in Chapter 11 of this Code. Where required by law, the building permit application shall be forwarded to the applicable watershed district for review and comment. The application shall include the necessary information so that the zoning administrator can determine the site's suitability for the intended use. B. Variance. Variances may only be granted in accordance with Section 205.05.6 of this Code. A variance may not circumvent the general purposes and intent of this Code. No variance may be granted that would allow any use that is prohibited in the zoning district in which the subj ect property is located. C. Notifications to the Department of Natural Resources. (1) Public hearings. Copies of all notices of any public hearings to consider variances, amendments, or special uses under local shoreland management controls must be sent to the commissioner or the commissioner's designated representative and postmarked at least ten days before the hearings. Notices of hearings to consider proposed subdivisions/plats must include copies of the subdivision/plat. (2) Approval. A copy of approved amendments and subdivisions/plats, and final decisions granting variances or special uses under local shoreland management controls must be sent by the City to the commissioner or the commissioner's designated representative and postmarked within ten days of final action. 6. LAND USE DISTRICT DESCRIPTIONS Allowed land uses within the shoreland district shall be determined by the underlying zoning district, as listed within Chapter 205 of City Code. 7. LOT AREA AND WIDTH STANDARDS Lot area and width standards for residential development shall be regulated per the underlying zoning district in Chapter 205 of City Code. 8. PLACEMENT, DESIGN, AND HEIGHT OF STRUCTURES A. Placement of structures on lots. When more than one setback applies to a site, structures and facilities must be located to meet all setbacks. Where structures exist on the adjoining lots on both sides of a proposed building site, structure setbacks may be altered without a variance to conform to the adjoining setbacks from the ordinary high water level, provided the proposed building site is not located in a shore impact zone or in a bluff impact zone. Structures shall be located as follows: (1) Required setbacks. All required rear yard, side yard and front yard setbacks shall be met per the underlying zoning district. (2) Ordinary high water level setback. Structure setbacks (in feet) from the ordinary high water level. Classes of Public Waters Structure Setbacks General Development Lake 50 feet Natural Environment Lake 50 feet Recreational Development Lake 50 feet River 100 feet Tributary Stream 50 feet (3) Required bluff setback. The following setback shall be applied, regardless of the classification of the water body: Classes of Land Structure Setback Top of Bluff 40 feet (4) Bluff impact zones. Structures and accessory facilities, except stairways and landings, must not be placed within bluff impact zones. (5) Height of structures. Maximum allowable height for all structures shall be regulated per underlying zoning district in Chapter 205 of City Code. B. Shoreland alterations. Alterations of vegetation and topography will be regulated to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping, and protect fish and wildlife habitat. (1) T�egetation alteration. Removal or alteration of vegetation is allowed subject to the following standards: a. Intensive vegetation clearing within the shore and bluff impact zones and on steep slopes is not allowed. b. In shore and bluff impact zones and on steep slopes, limited clearing of trees and shrubs and cutting, pruning, and trimming of trees is allowed to provide a view to the water from the principal dwelling site and to accommodate the placement of stairways and landings, picnic areas, access paths, beach and watercraft access areas, and permitted water-oriented accessory structures or facilities provided that: ((i)). The screening of structures, vehicles, or other facilities as viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced. ((ii)). Along rivers, existing shading of water surfaces is preserved. ((iii)). The above provisions are not applicable to the removal of trees, limbs, or branches that are dead, diseased, or pose safety hazards. (2) Building permit. Grading and filling and excavations necessary for the construction of structures and driveways under validly issued building permits for these facilities do not require the issuance of a separate shoreland grading and filling permit. (3) Land alteration permit. Notwithstanding (2) above, a land alteration permit will be required for: a. The movement of more than ten cubic yards of material on steep slopes or within shore or bluff impact zones. b. The movement of more than 50 cubic yards of material outside of steep slopes and shore and bluff impact zones. (4) Conditions. The following considerations and conditions must be adhered to during the issuance of building permits, land alteration permits, special use permits, variances and subdivision approvals: a. Grading or filling in any type 2-8 wetland must be evaluated to determine how extensively the proposed activity would affect the following functional qualities of the wetland (This evaluation shall also include a determination of whether the wetland alteration being proposed requires permits, reviews, or approvals by other local, state, or federal agencies such as a watershed district, the Minnesota Department of Natural Resources, or the United States Army Corps of Engineers): ((i)) Sediment and pollutant trapping and retention. ((ii)) Storage of surface runoff to prevent or reduce flood damage. ((iii)) Fish and wildlife habitat. ((iv)) Recreational use. ((v)) Shoreline or bank stabilization. ((vi)) Noteworthiness, including special qualities such as historic significance, critical habitat for endangered plants and animals, or others. b. Alterations must be designed and conducted in a manner that ensures only the smallest amount of bare ground is exposed for the shortest time possible. c. Mulches or similar materials must be used, where necessary, for temporary bare soil coverage, and a permanent vegetation cover must be established as soon as possible. d. Methods to minimize soil erosion and to trap sediments before they reach any surface water feature must be used. e. Altered areas must be stabilized to acceptable erosion control standards consistent with the field office technical guides of the local soil and water conservation districts and the United States Soil Conservation Service. £ Fill or excavated material must not be placed in a manner that creates an unstable slope. g. Plans to place fill or excavated material on steep slopes must be reviewed by qualified professionals for continued slope stability and must � create finished slopes of less than 3:1 slope. h. Fill or excavated material must not be placed in bluff impact zones. i. Any alterations below the ordinary high water level of public waters must first be authorized by the commissioner under Minn. Stat. § 103G.245. j. Alterations of topography must only be allowed if they are accessory to permitted or special uses and do not adversely affect adjacent or nearby properties. k Placement of natural rock rip rap, including associated grading of the shoreline and placement of a filter blanket, is permitted if the finished slope does not exceed three feet horizontal to one foot vertical, the landward extent of the rip rap is within ten feet of the ordinary high water level, and the height of the rip rap above the ordinary high water level does not exceed three feet. Must be done in accordance with other State and Federal regulations. Permit from DNR is required. (5) Connections to public waters. Excavations where the intended purpose is connection to a public water, such as boat slips, canals, lagoons, and harbors, must be controlled by local shoreland controls. Permission for excavations may be given only after written authorization has been obtained from the Minnesota Department of Natural Resources approving the proposed connection to public waters. C. Stormwater management. The following general and specific standards shall apply: (1) General standards. a. When possible, existing natural drainage-ways, wetlands, and vegetated soil surfaces must be used to convey, store, filter, and retain stormwater runoff before discharge to public waters. b. Development must be planned and conducted in a manner that will minimize the extent of disturbed areas, runoff velocities, erosion potential, and reduce and delay runoff velocities, erosion potential, and reduce and delay runoff volumes. Disturbed areas must be stabilized and protected as soon as possible and facilities or methods used to retain sediment on the site. c. When development density, topographic features, and soil and vegetation conditions are not sufficient to adequately handle stormwater runoff using natural features and vegetation, various types of constructed facilities such as diversions, settling basins, skimming devices, dikes, waterways, and ponds may be used. Preference must be given to designs using surface drainage, vegetation, and infiltration rather than buried pipes and manmade materials and facilities. (2) Specific standards. a. Impervious surface lot coverage shall not exceed 35 percent of the lot area, except as a variance, which shall comply with the following standards: ((i)) All structures, additions or expansions shall meet setback and other requirements of this Code. ((ii)) The lot shall be served with municipal sewer and water. ((iii)) The lot shall provide for the collection and treatment of stormwater in compliance with Chapter 208 of City Code if determined that the site improvements will result in increased runoff directly entering a public water. All development plans shall require review and approval by the city engineer and the underlying watershed district. ((iv)) Measures to be taken from the treatment of stormwater runoff and/or prevention of stormwater from directly entering a public water. The measures may include, but not be limited to the following: (A) Appurtenances as sedimentation basins debris basins, desilting basins, or silt traps. (B) Installation of debris guards and microsilt basins on storm sewer inlets. (C) Use where practical, oil skimming devices or sump catch basins. (D) Direct drainage away from the lake and into pervious, grassed, yards through site grading, use of gutters and down spouts. (E) Construction sidewalks and driveways of partially pervious raised materials such as decking which has natural earth or other pervious material beneath or between the planking. (F) Use grading and construction techniques which encourage rapid infiltration, e.g., sand and gravel under impervious materials with adj acent infiltration swales graded to lead into them. (G) Install berms, water bars, or terraces which temporarily detain water before dispersing it into pervious area. b. When constructed facilities are used for stormwater management, documentation must be provided by a qualified individual that they are designed and installed consistent with the field office technical guide of the local soil and water conservation district�. c. New constructed stormwater outfall to public waters must provide for filtering or settling of suspended solids and skimming or surface debris before discharge. (3) Nonconformities. All legally established nonconformities as of the date of this section may continue, but they will be managed according to section 205.32.S.B of this Code for the subjects of alterations and additions, repair after damage, discontinuance of use, and intensification of use; except that the following standards will also apply in shoreland areas: a. Deck additions may be allowed without a variance to a structure not meeting the required setback from the ordinary high water level if all of the following criteria and standards are met: ((i)). The structure existed on the date the structure setbacks were established. ((ii)). A thorough evaluation of the property and structure reveals no other reasonable location for a deck meeting or exceeding the existing ordinary high water level setback of the structure. ((iii)). The deck encroachment toward the ordinary high water level maintains a minimum setback in accordance with applicable code sections. ((iv)). The deck is framed construction, and is not roofed or screened. 9. PUBLIC NUISANCE: PENALTY A. Any person who violates any provisions of this district or fails to comply with any of its terms or requirements shall be guilty of a misdemeanor punishable by a fine of not more than $500 or imprisoned for not more than ninety (90) days, or both, and in addition shall pay all costs of prosecution and expenses involved in the case. Each day such violation continues shall be considered a separate offense. B. Every obstruction or use placed or maintained in the Preservation District in violation of this Chapter is hereby declared to be a public nuisance and creation thereof may be enjoined and the maintenance thereof abated by appropriate judicial action. C. Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent, remedy or remove any violation. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 200 SCOTT J. LUND, MAYOR ATTEST: DEBRA A. SKOGEN, CITY CLERK Public Hearing: First Reading: Second Reading: Published: � � CffY OF FRIQLEY Date To: AGENDA ITEM CITY COUNCIL MEETING OF NOVEMBER 21, 2005 November 17, 2005 William Burns, City Manager From: Scott Hickok, Community Development Director Jon Haukaas, Public Works Director Julie Jones, Planning Coordinator Rachel Harris, Environmental Planner Subject: Public Hearing of Ordinance to Declare A Certain Parcel of City Owned Real Estate Surplus and Authorize the Transfer Thereof M-05-144 INTRODUCTION On October 24, 2005, the City Council authorized a final plat of land near 151 Glen Creek Road. The replatting of land in this area was completed by the City so that right of way lines coincided correctly with a newly reconstructed Glen Creek Road. The plat will allow the City to transfer excess right of way land shown as Tract D Registered Land Survey No. 238. The attached ordinance declares Tract D Registered Land Survey No. 238 as excess property and allows staff to prepare to sell the excess property following further review by City Council in the future. STAFF RECOMMENDATION Staff recommends the Council hold the public hearing of the attached ordinance to declare this property excess at the November 21, 2005 Council meeting. ORDINANCE NO. AN ORDINANCE UNDER SECTION 12.06 OF THE CITY CHARTER DECLARING CERTAIN REAL ESTATE TO BE SURPLUS AND AUTHORIZING THE SALE THEREOF. SECTION 1. The City of Fridley is the fee owner of the tract of land within the City of Fridley, Anoka County, State of Minnesota, described as follows: Tract D of Registered Land Survey No. 238. SECTION 2. It is hereby determined by the City Council that the City no longer has any reason to continue to own said property, and the City Council is hereby authorized to transfer the property to Mr. and Mrs. Crafts at 145 Logan Parkway for disposal. SECTION 3. The Mayor and City Clerk are hereby authorized to sign the necessary contracts and deeds to affect the transfer of the above-described real estate. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS OF , 2005. SCOTT J. LUND — MAYOR ATTEST: DEBRA A. SKOGEN — CITY CLERK First Reading: November 21, 2005 Second Reading: Publication: , REGISTERED LAND SURVEY N • _ ANOKA COUNTY. MINNESOTA ` � � p 40 80 SCALE �N FEET I INCH = 40 FEET 1� �— � rv l..l 1 i V� � n.v....� . 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B� �• LOT 4 BLK. 1: � u�ip \,i � ,1��•, � � jO��l i� � i` �� OAI1 C� .�8�2i32�E �.� � � _ � � � f l �8•oa�.52.t -,,-��h �'8�',. ��9s (AUr) i�e.o� (v�s) �� tm� C� � R� tP�' � � � �� -�` � `v, �— - n ��`�� 5t Z••'!�� ----�"------ � r J� � I •e�'�¢ L__ �� e--- � 61 Sunde.- � s��, �. SgEgT 2 OF ,2 S� � � QTY OF FRIDLEY Date: To: From: AGENDA ITEM CITY COUNCIL MEETING OF NOVEMBER 21, 2005 November 17, 2005 � William Burns, City Manager ,�/ . Ir Scott Hickok, Community Development Director Jon Haukaas, Public Works Director Julie Jones, Planning Coordinator Rachel Harris, Environmental Planner Subject: Public Hearing of Ordinance to Declare A Certain Parcel of City Owned Reat Estate Surplus and Authorize the Transfer Thereof M-05-146 INTRODUCTION On October 24, 2005, the City Council authorized a final plat of the service drive - befinreen 160 Ely Street and 160 Liberty Street. The replatting of this land was prompted and completed by the City since a street reconstruction project to install curb and gutter ' on the service drive here would slightly widen the service drive. The plat will allow the City to transfer excess right of way land shown as Tracts A and C on the attached _ Registered Land Survey No. 239. The attached ordinance declares Tracts A and C Registered Land Survey No. 239 as excess property and allows staff to prepare to sell the excess property following further review by City Council in the future. STAFF RECOMMENpATION Staff recommends the Council hold the public hearing of the attached ordinance to declare this property excess at the November 21, 2005 Council meeting. .� ORDINANCE NO. Y AN ORDINANCE UNDER SECTION 12.06 OF THE CITY CHARTER DECLARING CERTAIN REAL ESTATE TO BE SURPLUS AND AUTHORIZING THE SALE ' THEREOF. ! SECTION 1. The City of Fridley is the fee owner of the tract of land within the City of Fridley, Anoka County, State of Minnesota, described as follows: Tracts A and C of Registered Land Survey No. 239. SECTION 2. It is hereby determined by the City Council that the City no longer has he Ci Council is any reason to continue to own said property, and t ty hereby authorized to transfer Tract A to the landowner at 160 Ely Street and Tract C to the land owner at 160 Liberty Street for disposaL re authorized to si the necess ION 3. The Ma or and Ci Clerk are he by gn �Y SECT y tY contracts and deeds to affect the transfer of the above-described real estate. PASSED AND ADOPTED BY 'THE CITY COUNCIL OF THE CITY OF FRIDLEY TffiS OF , 2005. SCOTT J. LUND — MAYOR ATTEST: DEBRA A. SKOGEN — CITY CLERK First Reading: November 21, 2005 Second Reading: Publication: 63 REGISTERED � c� �, C-rRe'� ��., � ��, 0 0 �FK..,. R.:�S£.�; A:£j v� �;s "^J. v � N • 1 1 I�'�I N nL.1..L 1 rn�n� CV l,l l 1 v� �� T A TT � ►J V�V L{ 1 N O. �,% ! SE�� 3T T� 30, NR.K24 1 �til�i —"" ANQKA COUNTY, MINNESOTA \ 1 hereby certify that in occordance with the prov�sions of Chapter 508, Minnesoto Statutes of 1949, as amended, 1 have surreY�d the following descrbed tract of land in the County of Anoka, State o4 Minnesotn, to wit Lots 12. 13 and 36. Block 12, 'SPR{NG BROOK PARK, ANOKA COIRdTY. I��NN•�• °��°raing to the reeorded ptat {ry��f, pnoka County. Minnesota N89°38�0%rE I fiereby c�tify that this Regist�ed Land Survey is o eorrect �..--;.24.28 (b/EAS� delineotion of soid survey � 22 �P1�4T� ` Dated this � daY of �bel' _ 200.� � o / �� .l B .D�OU��si� i m o,,, '�� Y Scott J. oukup. R.LS. �?<_. � 1,Ainnesota License No. 1725fi n �N��Z �� This Registered Land Survey was approved and � W N � �7 a�{� by the CitY Counca of the City of Fridley. � �� Minnesota. at a regul� meeting thereof he{d this , i mm � �– � day of . 206� / v ` p �7 � � GTY COINJCII- OF THE pTY OF FR{DLEY. MINNESOTA i � �� n �� t7� � %3 �- -� er- �6 � a i M°'� � �� i � $ C: � BY Mana _ —c'� \ � A PIl11 � r�� t�IT/ r��vvt n ...v �v i � , � '� � ,v < N "� �� Y< O� mY O� `s d 2 og= J Z �� K � I;�� _ — ' •� .iQ,`J J.7 Vi w 9292 (MEASj � p �Der�otes iron monument 9/ �p[A!% set, marked with RLS No. r ��2ss L;��R; �' � � R«► s Chedced and opprovad this daY of - - 200___. By. Anoka County Surveyor �-CF]ITFRIF� OF N�t71#RN / PACIF7C RAq.ROAD / \ Fa {he purpcaes of this y R.LS. the nath Ine of Lot 36. Blodc 12. '�NG BROOK ! � PARK. ANOKA COIJNTY. MINN." � is assum�i to be� North 89 deyrees 39 minutes 07 O seeonds East � � 3p 60 �7�:K.:. '.. .. :,:£% SCAIE IN �T — . _ � � �N�, _ � � 64 �T ` � . .. , . . . � � . � . . - . . � � �. . . � . � - � . h \ . .. . . . . . . � � .. . . . ... � . . � C7 v �unde Land SnrveyiHg, LLC � � CffY OF FRIDLEY To: From Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF NOVEMBER 21, 2005 William W. Burns, City Manager Don Abbott, Public Safety Director November 18, 2005 Second Reading of an Ordinance Amending Chapter 11 of the Fridley City Code Pertaining to Pawn Shops. The police department recommends an ordinance increasing pawn shop transaction fees to cover the costs of an additional police detective. This detective will be assigned to regulate the pawn shops, investigate resulting and related crimes, and take enforcement action where appropriate. This ordinance will increase the transaction fee from the current $1.50 per transaction to $3.00 per transaction. The resulting revenue based on 2005 transaction figures and including license renewal fees would be $105,300. $33,100 of that would be passed through to Minneapolis to pay for APS. The remaining $72,200 would be used to offset the costs of an officer assigned to dedicated pawn shop investigations. Salary and benefits of a full time investigator are budgeted at $72,475. Additional absorbed costs of a vehicle, technician support, and overhead will be absorbed by the current police budget. The ordinance also raises the reporting/manual entry penalty to $4.00 per transaction. The increase will take effect on January 1, 2006. The City Council approved the first reading on November 7, 2005. During this reading, Council requested additional information pertaining to this ordinance. This information is provided on attachments. Staff recommends holding the second reading. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 11 OF THE FRIDLEY CITY CODE PERTAINING TO PAWN SHOP TRANSACTION FEES The City Council of the City of Fridley hereby finds, after review, examination and recommendation of staff, that the Fridley City Code be hereby amended as follows: That Fridley City Code Chapter 11, Section 11.10 be hereby amended as follows: CODE SLTBJECT ' FEE ' 31 Pawn Shops Annual License fee $3,000 Monthly Transaction Fee $3.00 �59 per transaction Reporting Failure/Manual Entry Penalty $4.00 �.59 per transacrion/ Investigarion Fee $400 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 2005. SCOTT J. LUND - MAYOR ATTEST: DEBRA A. SKOGEN — CITY CLERK Pawn 101 Throughout these attachments, the police department will provide the additional information requested by Council during the first reading of the ordinance to amend Chapter 11 of the City Code to increase the transaction fee charged to licensed Fridley pawn shops from $1.50 to $3.00 per transaction. We will first further define and explain the basic terms and transactions related to our pawn shops. Pawn shops are regulated by Minnesota State Statute 325J, and by Chapter 31 of Fridley City Code. MSS 325J allows local jurisdictions to license and regulate pawn shops and impose restrictions and conditions beyond those provided for by statute. Overview and Definitions There are several transactions allowed and conducted by pawn shops. Following is a listing and brief description of those transactions: Pawn: A transaction wherein a person receives a loan from the pawn shop in exchange for providing an item of personal property as collateral. The pawn shop sets the maximum loan amount for each item. The pawn shop collects a finance charge limited by MSS 325J to a maximum of 3% per month. In addition to the finance charge, MSS 325J allows the pawn shops to charge a"reasonable storage fee" and a service charge. Pawn transactions are listed as "billable transactions" by City Code. Redemption: Persons who have pawned an item have up to 90 days to pay the loan amount, finance charges and fees for a pawned item and receive the item back from the pawn shop. This is not a billable transaction. Purchase: Pawn shops may purchase items outright for resale. City Code requires most items to be held a minimum of 30 days before sale. This is also a billable transaction. Extension: A person may renew a pawn upon its expiration period for another 90-day maximum period. This is not a billable transaction. Void: A pawn or purchase may be voided by the pawn shop. This is not a billable transaction. Reportable Transaction: All of the above listed transactions are required to be reported to the Automated Pawn Service (APS). Only those transactions listed as `Billable Transactions" are subj ect to the transaction fee. Transaction vs. Item: A transaction is a single activity engaged in by a person and the pawn shop. Each transaction may include multiple items of unlimited value. Transaction Fee: The transaction fee provided for in Chapter 31 and specified in Chapter 11 applies to each transaction, regardless of the number of items included in that transaction or the value of the item(s). There is no requirement for a pawn shop to itemize, pass along, or charge each person for this fee specifically. The number of transaction fees is utilized to calculate the total fee the pawn shop is required to pay to the City on a monthly basis. You will find two samples of pawn tickets, one each from Cash-n-Pawn and Pawn America, illustrating the application of interest rates and fees. Additional Requested Information We will now provide the information requested by Council at the first reading held during the November 7 Council Meeting. Question: Does MSS 325J permit municipalities to assign administrative personnel to pawn regulation and investigation duties? Answer: MSS 325J is silent on this issue. Chapter 31 of the Fridley City Code authorizes the Fridley Public Safety Director or his/her designee to carry out the regulation and enforcement duties specified by ordinance. Public Safety Director pon Abbott has determined that a sworn officer assigned as a Detective is the most effective person to be his designee in pawn-related matters. This officer will investigate pawn- related crimes, interview suspects and witnesses, draft and execute search warrants, issue citations, and arrest suspects when required to do so. These duties are assigned to sworn officers in the Fridley Police Department, and customarily so in most other agencies with whom we interact. In addition to the sworn officer, a police technician has been assigned to assist with pawn regulation duties for the past several years as well. Question: St. Paul PD has seven (7) pawn shops. How many transactions do St. Paul's pawn shops have and how much staff time do they devote to pawn regulation? Answer: St. Paul's 7 pawn shops have reported 36,402 billable transactions between January 1, 2005 and October 31, 2005. In the same time period, Fridley's two pawn shops have reported 27,406 transactions. St. Paul has one police officer, a sergeant assigned to the Vice Unit, and one non-sworn support staff assigned to pawn. The sergeant tells us he spends 75 to 80% of his time on pawn while the support position dedicates an estimated 50% of their time on pawn. In addition, other St. Paul PD detectives investigate property crimes related to their pawn activity. The following table shows Fridley's ranking in the top 10 jurisdictions with pawn shops reporting to AP S : Cit Billable Transactions 01-01-OS to 10-31-OS St. Paul 36,402 Minneapolis 29,331 Fridle 27,406 Duluth 19,150 Roseville 16,314 Coon Rapids 16,119 Bloomington 15,150 Burnsville 12, 831 West St. Paul 11,226 Anoka 9, 724 Question: Are e-commerce transactions billable? Should they be? Answer: Only transactions involving items coming in to the pawn shops as pawns or purchases are currently utilized to calculate the monthly transaction fee. E-commerce transactions are sales transactions and are neither reportable nor billable. While a case could be made to add items entering our licensed pawn shops from other franchise shops in other cities, the police department is not recommending this practice at this time. We recommend the same position regarding firearms transactions at Pawn America. Question: Is there, or should there be, a transaction fee for a re-pawn of the same item? How many re-pawn transactions are there? Answer: First, we do not have figures providing the number of times a person pawns the same item. There currently is a transaction fee for an item that comes back into a pawn shop. There is no transaction fee if the person extends a pawn on an item. We recommend continuing the practice of charging a transaction fee for an item that has been pawned before for several reasons. First, APS charges for each re-pawn transaction therefore requiring the City of Fridley to pay the $1 fee to the City of Minneapolis. Second, the status of the item could change between the first and second pawning (from clear to stolen). Third, similar items such as a ring are could be erroneously claimed as being the same item. Finally and most importantly, there is no requirement for the pawn shop to charge each and every person the transaction fee. The reportable transaction figure allows us to fairly assess fees to pawn shops of different sizes. All that APS or our City Code requires is that the pawn shops submit payment based upon the number of billable transactions. Question: What is the number of transactions occurring in Fridley's pawn shops over the past several years? Answer: The following table presents the total number of transactions, both billable and reportable, along with the total number of items involved, reported by Cash-n-Pawn and Pawn America between 2001 — 2005. Year Billable Transactions Reported total Transactions Total Items 2000 0 0 0 2001 6,776 10,327 18,040 2002 24,052 36,714 71,379 2003 26,847 40,319 73,107 2004 28,734 42,618 76,761 200� 32,913 {esiiln�ted) 4�,�11 (Estimai�d) �8,4�� (�stimai�d) Question: Can we negotiate a lower transaction fee payable by the City to APS? Answer: Not likely. APS is a service of the City of Minneapolis. They have set their fee at a level that they have determined necessary to pay for the system implementation, maintenance, and operation. Currently, APS has yet to pay approximately $500,000 on their system. In addition, there are several staff inembers assigned to APS. By ordinance, APS cannot generate a profit and only the Minneapolis City Council can revise the fee. The $1 fee is consistent across all jurisdictions that have pawn shops reporting transactions. Question: What are the total costs of pawn regulation — including the costs in excess of the new fees? Answer: The table below shows our anticipated annual costs: Item Cost Detective, Salary and Benefits $72,475 Police Technician, Sala 8 hrs./week $7680 Detective Vehicle $2910 Detective Work S ace Ex ense $1500 Detective Supplies and Expenses $610 Additional Detective Support (fill in during $5000 absence, assistance with audits, etc). Total $90,175 Response to Claims We would also like to respond to claims made during testimony before, and presented to, Council by other persons during the First Reading. Claim: The new police officer will benefit the City as a whole while the pawn shops would unfairly bear the burden for this officer. Also, the officer would not be assigned exclusively to pawn but would be utilized for other purposes. Ultimately, the additional fee would be only a revenue-generating tool. Response: For the past many years, every detective having had pawn as part of their duties, along with the detective unit sergeant, has consistently stated that pawn alone could consume all of their time. Even with a fu1140-hour week dedicated to pawn, not every pawn — related issue could be addressed. Pawn transactions have increased over the past several years, yet our capacity to regulate them has not. We began our process to add a detective dedicated to pawn by determining how much that additional detective would cost (assuming an officer is hired to replace the newly assigned detective). We then looked at the number of estimated billable transactions and calculated the required transaction fee if the new detective were to be funded by the pawn shops requiring his or her regulation. It is well known and established within the police department and the City that the result of the increased transaction fee will be a new police detective assigned to regulate the pawn shops and investigate pawn-related crimes. Claim: APS saves the City time, as police officers do not need to physically travel to pawn shops to look for stolen items. Response: APS may save officer time, however for this to be true, we would have to assume that our officers would actually travel to the pawn shops and inspect their entire inventory every time a citizen reported something stolen. Prior to our membership in APS, our officers did not travel to all of the area pawn shops as we simply did not have the staff time to allow for this. The burden for doing this resided with crime victims themselves. In fact, APS increases the time required of an agency that has to respond to stolen property reports from APS. We believe that it is more efficient and effective for us to utilize APS to search for stolen items as opposed to placing that burden on crime victims. Ultimately, APS does provide a means for us to search all pawn shop inventories for stolen property, provided the items were correctly entered. The pawn detective will have the responsibility to insure this is done. Finally, the greatly increased number of pawn transactions is what is requiring additional police resources, APS allow us to be more effective in identifying and recovering more stolen property, provided we have the time to utilize that system and follow up when appropriate. Claim: Less than'/z of one percent of all pawned items are stolen. Response: This is akin to stating that the number of speeding tickets issued in Fridley in 2004 represents the sum total of all incidences of speeding in the City. We agree that with current regulation, that is a reasonable number of items known to be stolen. We believe that the actual number of stolen items greatly exceeds that figure; however we do not have a good estimate on what the true number is. Most items in pawn shop inventories currently identified and confiscated as stolen come as a result of a"hit," or positive indication, from the APS system. The most likely way a hit is generated is when full and accurate descriptive information on an item, including make, model, and serial number, match up exactly with stolen information entered into NCIC, the national crime computer. When pawn shop staff list "other" for the make, or transpose a serial number, it precludes this automated comparison. Additionally, when crime victims do not report serial numbers that also precludes an NCIC match. And, many items do not have serial numbers. Jewelry is reported to be the most commonly stolen and pawned type of property as it is hard to describe and trace. In these cases, detectives need to review victim descriptions of stolen property and compare them to descriptions of similar property in APS, again relying upon accurate and complete entry by the pawn shops, to determine if a pawn item is a possible match. Ultimately, the detective and/or the crime victim need to travel to the pawn shop to make a positive ID for these items. Claim: Increasing the transaction fee will adversely impact people who pawn low value items. Would a sliding fee structure be beneficial? An example of one $1 CD was given. Response: As previously stated there is no statutory or Code requirement for the pawn shops to itemize or pass along the transaction fee to each customer. Pawn America does currently itemize the City transaction fee on their pawn tickets. Cash-n-Pawn does not. Nothing precludes the pawn shops from waiving the transaction fee on low value transactions. Ultimately, the City determined the amount of total fees required to pay the APS transaction fee and to fund most of the costs associated with pawn regulation, investigation, and enforcement. We then utilized the already in place transaction fee reporting and billing system to fairly apportion the total fees required to our two very differently sized pawn shops. While we could develop a value-based fee, include additional transactions such as e-commerce or guns, or exempt low value transactions, the end result would be the same. We would create a fee structure, very likely one more difficult to administer and regulate, that would result in both pawn shops paying the same total fees on an annual basis to the City. Our recommendation is that we save both the City and the pawn shops this expense by simply utilizing the existing transaction fee structure. Justification The overarching question we are attempting to answer for Council concerns the need and justification for a dedicated pawn investigator. While our answers and responses provided so far have provided much of this information, we would like to provide further justification. Research supports, and Council declared in the purpose for Chapter 31, that pawn shop regulation is justified as services provided by pawnbrokers provides an opportunity for the commission of crimes and their concealment because pawn � businesses have the ability to receive and transfer property stolen by others quickly and easily (Fridley City Code, Chapter 31, Section 31.01). � We are doing very little pawn regulation at present. Our detectives prioritize crimes vs. person and property crimes where suspects are known or in custody. Our investigation of pawn-related crime is limited to those cases where the detective assigned to a burglary or theft case has the time to search APS files for potential matches. Or, a case may be made when the APS system reports the possibility of stolen property in one of our pawn shops to us. Additionally, a crime victim may find their stolen items in a pawn shop and report it to police. The APS system is the most common source of information leading to the recovery of stolen property from pawn shops at present. Yet, the unrealized potential of what it could yield in additional property recoveries for crime victims, criminal sanctions against thieves, and financial restitution for the pawn shops themselves is significant. The APS system is only as good as the information entered into it by the pawn shops. Adequate regulation, including frequent audits of inventory to insure that accurate descriptions are entered, is critical to insuring the effectiveness of the APS system. Every City that belongs or subscribes to APS depends on the other cities providing adequate oversight of this process. We are confident that the attention of a full-time pawn detective will improve the accuracy of this entry process and result in more property being identified as stolen and recovered: The pawn detective can then initiate an investigation to determine if a suspect can be identified and prosecuted. We have akeady prosecuted approximately 30 persons for pawning property that doesn't belong to them. Unfortunately, this represents only 25% of the transactions we know involved stolen property. Ultimately, this will lead to a decrease in the criminal use of, and victimization of our pawn shops. Additional attachments include the two samples of pawn transaction tickets and the regulatory duties expected of our pawn detective by APS 73 NOV-09-20D5 12:D6P� FRO�-CRYSTAL POLICE DEPT +763 63i 3279 T-i59 P.014/014 F-OD1 ' �. . . . . .. 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Admin — Jurisdiction Setup (initially set up by the System Administrator) I. Descriptions — Review and update contact information II. Holding Periods — Review and Update Pawn Redemption and Pawn holding periods to reflect your Ordinance III. Parameters- Review and Update as required for your users' needs IV. Data Privacy — In Minnesota only the item information on a pawn transaction record is public information according to the Minnesota Data Practices Act. In Wisconsin all pawn ticket information is non- pu6lic/confidentiaL B. Admin — Agency Setup ( Initially set up by System Administrator) I. Contact Information - Review and update your Agency's contact information, names, phone numbers and email addresses II. Hold Instructions — Review and update your Agency's holding periods for your stores purchased items and pawned items and your instructions to law enforcement personnel placing holds on items in your stores through APS 2. Maintain and Update your Users in APS A. Admin — User Set Up I. Jurisdiction Administrators (JA's)can create any new users except other JA's, call the Systern Administrator if your Agency needs �nother JA set up II. Enter New Users a. User Ifl = up to 12 characters (alpha/numeric) typically the same as their user ID for logging onto your City/County network. Do not set the User ID to disable unless you have a temporary employee or intern that you wish to disable after a specified time. Deleted users cannot be added again using the sart�e user ID, so only delete users who will never need to use APS again (retired, etc.). Users can be marked °inactive" on the user set up screen; they will remain in the system and can be put back to "active" status if and when the need arises. b. User Name — Enter users: Name, last, first, and middle, employee . or badge number, job title, telephone number and email address F:\sysadmin\TRAINING1Juris AdminWA Handout 1-03�a� Page 2 of 2 Enter appropriate User Group for the User: See: Admin-Re orts-User Permissions and Re ort Permissions User Group you can Can this User Group Can this User group View create: Place a Hold?- Person Data? ,�A Yes Yes Law Enforcement, Investigator Law Enforcement, Non-investigator Technical Suppori Data Entry III. a. b. c. d. e. IV. a. b. Yes No No Yes Yes Yes No Yes Enter User Parameters Holds — Set the maximum number of holds a user may place (default commonly set to 20 for an investigator Watch For's — Set the maximum number of watch's a user may create (default commonly set to 50 for an investigator and 10 for a non- investigator) Broadcast Messages — Set the maximum number of broadcast messages a user may create (defaults commonly used: 60 for an investigator (one message to all stores = 50 + messages) and 10 for a non-investigator NCIC Mit Reconciliation — set check box for all employees who have responsibility and training to reconcile NCIC on a daily basis for your Agency Routinely Update Your User List 1. Deleted Users: Permanent, can view by putting an "X" in the checkbox, can re-enter users, but with a different User iD 2. Disabled Users: Still appear in user list, temporary and easily reversible status, retain their User ID. Users are automatically disabled in APS if they have not logged onto the system for 90 days. 3. Add New Users — Provide them with training, have them register for APS Intro for Investigator's training (via APS web site or call APS. In the meantime work with them individually. User Passwords — Admin — User Set Up — User passwords are set to be the same as the Users 1D. When the user logs onto APS for the first time they will be prompted to change their password. Password must be a minimum of 7 characters (alpha/numeric). If they forget their password they have to call you to have it reset back to their User ID again. Passwords must be changed every 90 days; the same password cannot be used again within a one-year period. 1. Users who have not logged onto APS for 6 months will be set to "inactive" by the system. When re-setting a user's password, be sure the "Disabled User" box is unchecked before exiting the screen. 2. If you, of any other JA, forget your own password you must contact the System Administrator to have it reset F:\sysadminlTRAINING�.Juris AdminWA Handout 1-��0� Page 3 of 3 ill. Maintain and Update Your Licensee (Store} Information in APS A. The APS System Administrator does the initial set-up of your s#ores(s) in APS. JA's are responsible for updating these records from then on. I. Description — Update your store's information: email addresses, telephone numbers, fax number, owner name, etc. II. Contacts — Update manager/contact and owner information and use the View/Add Comments button on #he Licensee set up to document any changes in manager or owners. You should also log your contacts, compliance issues with the stores on this screen. III. If the store is sold or moves to a new location in your citylcounty you should contact the APS System Administrator before changing any of the information in APS. IV. License Information — Changes the check boxes to reflect the days of the week that the store is open for business. Reports and notices are generated in APS based on the days of operation indicated on #his , screen. B. Store Email - Email addresses (there is space for two) musf be entered correctly on the Licensee setup screen or else the APS mail server will reject any files they send as coming from an unrecognized email address. If their email address changes it must be updated before any files will be accepted from the new address. V. Ensure that there is staff assigned and trained and that there are procedures in place, to handle routine APS f�nctions A. Ensure that NCIC hits are reconciled and that the staff assigned is trair�ed and has procedures to fotlow and that they have "permission" to do so (on user set up screen). B. If manual data en#ry of paper records from stores is being done, ensure that staff is assigned and trained to do so and has procedures to follow C. Ensure that staff is aware of proper procedures for running APS Licensee billing. 1. Run the 8th of every month for the current and previous two �months to catch any transactions that were uploaded after the last bill was run. II. Watch for any noticeable increase or decrease in the numbers of transactions so you can check with the store and/or APS. III. Compare against invoice received from APS; if discrepancies are found contact APS. D. Ensure that appropriate Agency personnel are aware that they will be ' receiving, processing monthly payments of the APS invoices for your Agency. F:lsysadmin\TRAININGWuris AdminWA Handout 1-0��oc Page 4 of 4 V. Assist and Train all Agency users to take fuil advantage of APS - functionality � A. Conduct in-house training and/or assist users with signing up for APS training. B. Be proactive; share APS updates and information. Give feed back to APS regarding queries, reports or features that you and your users would like to see implemented. C. Monitor usage of APS by your Agency's users and give assistance, identify training needs. D. Provide Statistics on activity and users to Administration and share "success stories" about APS with them E. Follow up witM your IT staff and the APS Systerr� Administrator about technical problems you or your users experience when using APS F. Work with IT and your management to gei APS installed on desk top's of all ' the people who need it in your Agency F:lsysadmin\TRAININGWuris AdminWA Handout 1-0�c Page 5 of 5 0 Jurisdiction Administrator DA/LY Store Monitoring Responsibilities 1. Ensure NCIC hits are reconciled You, other JA's, and anyone yow have given permission (on the User Set-up screen), will see a screen asking if you want to Reconcile NCIC hits when you log on. Ensure that responsibility is assigned and done daily. See Reconciling NCIC Hits Handouf 2. Deal with any View Broadcast Hits or Messages Deal with any System Broadcast rnessages about your stores, any expiring holds, any hits on your watch list queries, and monitor your confiscation notices. See Ordinance Violatfon Messages Handout See Watch f�its Handout �. Ensure that store �les are sent and processed: Look at the Missing Store Files on the View Broadcast Screen (shows last 6 days). If missing call store to see why. See S#ore Closed/No Transactions Handout You can also check by doing a Query — Store Activity Summary for a period of time. If they sent any pawnlbuy transactions it will show here by date, the number of each type sent, as well as other infa Query — S#ore Activity Summary If your store says that they did send a frle and they show as "Missing" for that day check to see if an email was sent but rejected by APS for some reason. Reports — Transaction File Logs — APS Rejected Email Log Report Note that you need to know the email address of your store to find them in this listing (Find the email address by going to the main menu, under Admin- Licensee Set-Up then use the binoculars at the top of the page to search for their email address). If the file was rejected an "file reject error message" wiU be shown; this message was also emailed to the store. Ask them to check their email to see if they received a reject message from APS or from their ISP. If they sent a file with no file attachment we had no files to process and the error message APS sent back should tell them so. If the store isn't listed on this report they must not have sent a file. Regardless, they will need to re-send the previous day's file along with that day's work at close of business today. F:\sysadmin\TRAINtNGWuris Admin\JA Handout 1-0��lpc P8g@ 6 Of 6 v 0 If they still claim that the file was sent, with transactions for the day, and that they did not receive an email reject message, call APS System Administrator. 4. Ensure that All Required Transaction Records/Updates are being �ent: . Ensure that all transaction are accounted for, with no missing transaction numbers, that all sequential numbers (pawn series & buy series) are accounted for and that there are no missing item numbers, for multi-item transactions. Ensure that all required/reportable record types are being sent: Voids and Confiscation's are being reported as well as Pawns, Buys, Extensions/Renewals and Redemption's. Check to see that any errors (in red) from the previous days were updated. If the store claims to have made corrections and the records are still in error status they probably did not go back to the original transaction date of the earliest record they were trying to correct and include it when they sent the file. They must re-send the original transaction date's file in order #or those records to be re-processed and the error to be fixed. Tell them to try sending it again. Query Transaction Number — Selec# store, enter date range Query Store Activity Summary — Select store, enter date range 5. Review Transactions sent for Accuracy and Completeness: Review all store transactions and errors. See APS IFS/User Reference Guide #or valid APS codes for all fields. View all trar�saction records for a day or several days. Query —Transaction Number Que .ry -by date, view errors Query — Item — by date F:\sysadminlTRAININGWuris Admin�,JA Handout 1-0�.�0� Page 7 of 7 Jurisdiction Administrator WEEKLY Store Monitoring Responsibiliti�s 1. Ensure that All Required Transaction Records/Updates are being Sent Ensure that all required records and record transaction types are being sent in a timely manner: P(pawn), B(buy), N(renew), E(extend) R(redeem), V(void), C (confscation) Query — Store Activity Summary — by store, by date range Also run reports to be sure any previous day's/week's errors have been cleared and no new errors have been sent when extension's, redemption's or prior day's files were re-sent Query - Transaction Number - by store, by date range To see if up to several days/weeks errors have been fixed Or run this report Original Transaction W/uncorrecfed frrors Report And also run this report Reports — Genera! Repts — Transaction Frror Reports — Upload Error Detail Report To see if all original errors have been fixed, and wl�ether any new secondary errors have been created that need to be fixed 2. Review Transactions sent for Accuracy and Completeness: In addition to your daily monitoring and review, run reports from APS to review stores' use of "Othe�' and "Uncategorized„ to be sure they are using them correctly. Reference APS 1FS (�ra►id APS codes for the various fields) 3. Do quality checking on Item data fields: Run various item q�eries or transaction number queries, by date range, for your store{s), sort columns, review entries for completeness and accuracy A. Are items being reported in the proper categories, with the appropriate item codes and brand codes? B. If there isn't a valid APS code for the item or the brand is the information � being entered properly, along with a complete description of the item, in the "additional comments" field? C. Are proper jewelry descriptor fields/codes being used? _ D. Is there too frequent use of "scrap" in jewelry item field? E. Are dollar amounts being entered for each item of a multiple item transaction? - F. Are multiple items being written up as one pawn item for inappropriate, unlike items? F:lsysadmin\TR.AININGUuris AdminVA Handout 1-OS.d�aa, Page 8 of 8 ZSL G. Are SerialJModel numbers being entered routinely for ihose items that should have them? Query - Item - by siore, by date range Query - Transaction Number by store, by date range Reports - Genera! Repts - Transaction Detail Reports 4. Do quality checking on customer data fields Run various itern queries and review records, look for accuracy Ispelling and, A. Entry of names — Are they able to enter Jr/Sr and hyphenated names B. Entry of finro addresses, i.e. local & additional if out-of-state ID/DL is used C. Entry of telephone #'s, Are they able to enter two phone numbers on a record and are they entering a work/biz phone some of the time Query - lfem - by store, by dafe range Query - Transaction number, by date range Query some DL's at Stafe DMV to check against pawnshop entries. ►f customer has updated address, or a invalid/revoked DL, on state DL query it means the store is not verifying the cusfomer info or viewing their ID/DL every fime an.d updating customer records (same for teleplaone numbers) (Violation of IFS). 5. Ensure that S#ore has sent Confiscation Updates to Records If you are aware that confiscation's have occurred, check to be sure that the store has updated the APS record Query - Store Activity Summary - by store, by da#e Reports - Confiscated Items Detail Reporf - Confiscated �tems by Sfore View Broadcast Screen - Confiscations Tab Confiscation tab shows confiscations of items that YOU had on HOLD, or were on hold and assigned to you, within the pasf 30 days 6. Conduct Compliance Checks at the Store: As a result of reviewing stores' transactions, usually by using these queries Query - Item or Transaction number Or by looking at a specific item record, you find something that is questionable, and you want to check at the store with regard to reporting. Depending upon what it is you notice you can do one of two things: Generate an.lnspection Report on the Transaction Or Generate a Violation Report on the Transaction F:�sysadmin\TRAININGUuris AdminUA Handout 1-OS.d�3 Page 9 of 9 7. Talk to your store(s) about any problems: Use reports to assist your stores with on-going reporting problems. Transaction Error Reports — Upload Error Summary Upload Error Summary by Clerk Use these reports to discuss errors with their managers, employees, they are training tools to help them Transaction Detail Report — Use of Other and Use of Uncafegorized Reports Reports — Gen'1 Reports — Transaction Detail Reports — Upload Error Defail Summary Report - Again, depending upon how often you have discussed the same type of errors, omissions, on-going problems (failure to send files or correct errors daily, no gem stones info entered, DUID not updated or entered correctly, improper item, no SN, etc) in the past. And also depending on whether it is a human or software error and whether they have proved to you that they are actively working with their sofiware company to solve the problem, you may want to Generate a Violation Report 8. Resolve any outstanding inspec#ion Reports and those Violation Reports that need follow-up on a V�Jeekly basi� Regulation — Inspection Follow Up Log the results of your inspection findings weekly, until you are able change the status to Closed Regulation — Violation Resolution Log the results (comments} to your Violation when it is closed and pursue other enforcement actions as your City/Department procedures dictate. F:�sysadmin\TR.AININGUuris AdminUA Handout 1-OS.dac4 Page 10 of 10 Jurisdiction Administrator MONTHLY Store and User Monitoring Responsibilities 1. Ensure that all missing transactions, items, confiscation entries have been received: If you and the store have not been able to resolve all outstanding issues please contact APS System Administrator for assistance and/or follow up with the store owner. Generate a Violation Report and/ or other enforcement actions as your city/department procedures/policies dictate (License review, Administrative Hearing, fine, citation). Transaction Error Reports — Missing Transaction Days Report Confiscation Items Detail -Confiscated 1#ems by Store Query — Transaction Number Query — Store Activity Summary 2. Ensure that all Errors have been corrected: � If there are programmatic problems causing the store not #o be able to correct errors have store contact APS System Administrator. Otherwise, follow up by . generating a Violation report and/or taking other appropriate compliance actions as established by your Agency. Transaction Error Reports —Original Transactions with Uncorrected Errors & Upload Error Detail Report Mis�ing Transaction Days Report 3. Ensure that the Licensee Billing is Sent to your Store Run billing on the 5�' of every month #or the previous and current months. Look for any anomalies in the store's monthly billing. If there are unusually high or low numbers please contact the store and/or APS System Administrator. Billing Reports — Licensee Billing �2eport 4. Run Administrative Reports Run, review and save for comparison, various APS Hold/Confiscation and User Log On and Watch List reports, to monitor activity at your stores and usage of APS by your users. Provide Management with statistics on APS usage and activity by your users and about the overall holds/confiscations and transactions at your store(s). � See Report Listing F:\sysadmin\TRAININGUuris AdminVA Handout 1-OS.do�5 Page 11 of 11 5. Assess Needs for Training or Technical Assistance Work with users who need help, schedule users for APS training, and facilitate rollout to more desktop computer�. Access APS Web Site (swww.ci.mineapolis.mn.us/aps, Or call APS System Administrator for information 6. Look for Suspicious Pawn Shop Activity Look at suspicious activity and pattems by people who use your pawn shop(s) or by those who list addresses in your citylcounty. Look for items over a certain $ value pawned at your store(s). Query — Customer — Multi-Jurisdictional Customers Query — Frequent Customers Query — Item — over specified dollar amount 7. Update your Agency, Users and Stores Information in APS as Needed Admin—License�e Set Up -- Update new days open/closed, manager names & phorae numbers, etc. Adr�in-User Set Up — Add new users, deletE retired users, update phone numbers, etc. Admin-Agency & Jurisdiction-Update APS record of Jurisdiction/Agency contact people and their phone numbers and addresses when changes occur. F:�sysadmin\TRAININGVuris AdminVA Handout 1-OS.d� Page 12 of 12 � � CffY OF FRIQLEY Date To: AGENDA ITEM CITY COUNCIL MEETING OF NOVEMBER 21, 2005 November 17, 2005 William Burns, City Manager From: Scott Hickok, Community Development Director Jon Haukaas, Public Works Director Julie Jones, Planning Coordinator Rachel Harris, Environmental Planner Subject: First Reading of Ordinance to Declare A Certain Parcel of City Owned Real Estate Surplus and Authorize the Transfer Thereof M-05-145 INTRODUCTION On October 24, 2005, the City Council authorized a final plat of land near 151 Glen Creek Road. The replatting of land in this area was completed by the City so that right of way lines coincided correctly with a newly reconstructed Glen Creek Road. The plat will allow the City to transfer excess right of way land shown as Tract D Registered Land Survey No. 238. The attached ordinance declares Tract D Registered Land Survey No. 238 as excess property and allows staff to prepare to sell the excess property following further review by City Council in the future. STAFF RECOMMENDATION Staff recommends the Council hold the first reading of the attached ordinance to declare this property excess at the November 21, 2005 Council meeting. T�� ORDINANCE NO. AN ORDINANCE UNDER SECTION 12.06 OF THE CITY CHARTER DECLARING CERTAIN REAL ESTATE TO BE SURPLUS AND AUTHORIZING THE SALE THEREOF. SECTION 1. The City of Fridley is the fee owner of the tract of land within the City of Fridley, Anoka County, State of Minnesota, described as follows: Tract D of Registered Land Survey No. 238. SECTION 2. It is hereby determined by the City Council that the City no longer has any reason to continue to own said property, and the City Council is hereby authorized to transfer the property to Mr. and Mrs. Crafts at 145 Logan Parkway for disposal. SECTION 3. The Mayor and City Clerk are hereby authorized to sign the necessary contracts and deeds to affect the transfer of the above-described real estate. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS OF , 2005. SCOTT J. LUND — MAYOR ATTEST: DEBRA A. SKOGEN — CITY CLERK First Reading: November 21, 2005 Second Reading: Publication: r-�rv nF FRIDLEY COUNTY OF ANOKA V�� O. ��a6EC. 10. T. 30, R. 24 � l� RE �ISTERED LAND �R�A _ �a� �o�, ' • Denotes iron monument , � p q.p 86 found. unless otherv+�se noted SCALE 03 FEET p Denotes iron monum°nt - set, marked with RLS I INCN = � �ET No. 17256 � , ' �-`� v � � ` ��^-�,J � 1�Y �� G` f t}5tS �� y��.— 0 F�r {he purposes o � R.LS. the east line of Lot `, `�'✓ ? 9, 8{ock 1, OAK CREflC �< �,y' ,; 1 oF ADDITION is assumed to r� �r � �"�` ��E bear North 1 degree 31 �`" �,C`�� J o� minutes 40 seconds West C�`� �� / ( / �J � 1� t A j1"� � I"� 1"� A 1 L.V1VV �"�VU1V.' / ' / � ^T v�i LVI / N /� 1 II1 vVV. / N ,.,��y / -.IS l�VV• . . �wc-c•�� ' f IYV. / / �„�•� / � /' / �[ �C �� 4�� /� / O A W W �� / � !^�'i��N �� YV�ioxr Pw�'�ON- :r-i�i� / I ti �o�J�d � i% � APPRO)OIAAlE ' .'� - O ��LOI.'Ai10N � I ��QZ jo ��o , .��T� �\Wm��m< Cd � J /� / / c�mc � 0 3 � � Ut� � /� / / � 'a �� (� V\� � � ` � e < � ^� _---�- � /� w�j �(J��v I ."� p� �1 r � _ � / �� I Z oU � _' �� 7 �• v Y 1 L_ / / / � �`` � � I �ON �� / / 1 n ^ � ' � � �` / , v O � / Nmd E LAdE OF LOT 10. BLK. 1. y 116�� %� �T �� ,�� -- � N'LY-� � POR11�ot1�OF � �� 1,�o�: fi� � C�R��]C ADWt.' �0.0� g�7V�t�1 IAT 9 dc L�� ' / _i �j} � / � ' �+ � BLK. I. OAK � '�� 'O � � / �� 5� /`� t'� \ s6 r,q°��e�, � `'��[ f Z''. RIGFIT OF WAY �9 �R �1�� .R�iJ� MOST EtY SE COW� � ��T P� RIGFIT OF WAI� ` \ ,� LOT 10. BLK. 1� �� - N0. EAS�M�T �`�\� � 1� I, f cemc nour+» 481352001-c ooc. rw• x � ,� �p��i I /�— PO1NT-BOIJN�'�Y � „l7"W� 1972683-� r'- 1� � i0 V u� , °r�5 �--� ., � � �s H °� ac �0. 0 � g�E'iW�EF11 LOTS 9 c� �p � ` . BLK I. OAK C� �-�-�•6�_�. `,��' -:��' "N imi'�r� V ,,,' �2 Wi.Y IB� OF l07 9�51Y �7i�09 I� �jo�Z UNE pF LOT IQ �- 1• �^ , NB62 32W � �' � �-� �m T30D i°o� �5 Y IJt� OF��'_'"r.�' 34'�"E 9g � I j`�.,.aA(i% C� �u�`+ �C1 ��\ � LAT t0. BLK. �•'- I� � 3� � s! � n Irr` � m `J � oac armc : ,�'�pCt A,� iazoo "' O � ;' ,. 5 L,� �` � ADDN. � �if3t $�,`" /.T�OI� '� gt��•- �T 4 0 � �. ,� �� N. LINE OF LOT & LIJ \� `�+' OT 1Q ��' " f `•� / � \ .►BLK 1. OAK CREf7� %� o W ` l� \� � `��'�ORN� ��F�t �' (�'h IJFIE PARALLEL �TM ��N �" �� •�10 0� � � Y SE:� � O T G�, •�,� 01VIDING L1NE � �\ \ y�'I.Y � �� O O DIVIOING UNE BETWEEH m �yy� LOT 9, ac �� ` ` L� �. �9 "('� 9 4 �.. LOT 9 Ac lOT B. �K. 1. � �o. � 'ta 'owc cr�x aorn+. �or � eix..�: o Zo � � AoDN. . : %o�c� f � � �t`F,�o '��..� Sgg°27'32'E ��ri. I c°' Y Q `� �,a o��52 �.� ��=�.� � w; �°�,�793 (PL4T) /7�Q 7 ( M E A S)` r� V l ym< C� _ � g (P� A� "6 , sc . �` � � � t 5 °�� --- ��:------ ' � �`j � � � I �� ► (� � g�� j" � � � s I-- ---��--- G Sun.de ,t.sna s..rrey�, �- 89 ,,.,�.�,• � nrr 2 S`EEETS Y��.' � � � ClIY OF FRIDLE1f AGENDA ITEM CITY COUNCIL MEETING OF NOVEMBER 21, 2005 Date: November 17, 2005 � , To; William Burns, City Manager From: Scott Hickok, Community Development Director Jon Haukaas, Public Works Director ' Julie Jones, Planning Coordinator Rachel Harris, Environmental Planner Subject: First Reading of Ordinance to Declare A Certain Parcel of City Owned Real Estate Surplus and Authorize the Transfer Thereof M-05-147 INTRODUCTION On October 24, 2005, the City Council authorized a final plat of the service drive between 160 Ely Street and 160 Liberty Street. The replatting of this land was prompted and completed by the City since a street reconstruction project to install curb and gutter on the service drive here would slightly widen the service drive. The plat will allow the City to transfer excess right of way land shown as Tracts A and C on the attached Registered Land Survey No. 239. The attached ordinance declares Tracts A and C Registered Land Survey No. 239 as excess property and allows staff to prepare to sell the excess property following further review by City Council in the future. STAFF RECOMMENDATION Staff recommends the Council hold the first reading of the attached ordinance to declare this property excess at the November 21, 2005 Council meeting. .� r-iTV nF FRIDLEY RE GISTERED LAND SUR�E� N 0• �� SEC��3 T�30,NR.K24 �0� Ca�y, �INESOTA . 1 hereby certify thot in occordance with the provisions of ChaPter � \ 508, Minnesotss Stotutes of 1949. as amended, I hove surveyed the following descrbed troct of lond in the County of Anoka, __� — — State of Minnesota. to wit �' `� rT �� Lots I2. 13 and 36. Block 12, °SPRING BROOK PARK. L� f �„ �/Q�.L � ANOKA COUNTY. IAINN.°, occordng to the recorded plat 0 thereof, Anoko County. Minnesota 0 (FK.:. RwSE'.�` "•�'� �s a correct 11fB9°39�07tlE I hereby certify that this Registered Land Survey ' \ dei"�neation of soid s�rvey. _�-� 24.28 (MEAS) fi5 day of Ocfo6er 200� : � �Pf�T� i Dated this � / � � Y ��''�,'' /�- a Y Scott J. oukup. K- �=— I :", Y , F= Q� ,/ � Minnesoto License No. 17256 ,." "z h� y�? i� � was approved ond % o�< z q o` a� � �� This Registered Land Survey :�� c� "' Z N Y� C7 =� the Cit CouncA of the City of Fridley. eccepted by '° d � Y o� N C7 Minnesota, at a regu lar mee t � n g th e r eZf��h�d this . ZNYr ZmmU Q1 � \ d�y Of . �j°�o W 3 m m o V � (31 3,`. i � C� CITY COUNCIL OF THE CiTY OF FR��LEY, MINNESOTA x ' j�j� i -� h O •° � �9 « �i ,`, � •:� ° � � � v' �' � BY- Z1 ,:� � °' « Ma� � -p � � a e � � B � e i � W C i y Manag� � '�1 ,' ►- � i �w �i ,`. � �> n i r � L� � n �l �� i� �`� , s� s ggo��p�� da I.� � I\ 1 v l7 L I\ V v! �� Checked and approved this200.._. Y :: zzcs `•. �� --- ; N 93 %� At) �f _ •,�9'07'W 722�r��= r{'" 44 �r •- � ^' N � /� � A S N 11L.L-L 1 7K � � � • � � \ BY Anoka County Surveyor � , 7= - � �: �- �- � � 7� �' �n � C� C� cQ+�FRUt+E oF t+�THERN i i N ��-PAqFlC RAILROAD ° CA v � ° r-• � �� /-� 1 n 1"T'� / � ",� !� A Inl vv I V I �� $ � ni vvr n � �� 0 cses of this � � n � O i`° i.: m c.: R�LS thPe north Gne of Lot � j ��/ N o h O �.,• � 36. 81odc 12. °SPRING BROOK 1 V Y� �� PARK. ANOKA COl1NTY. MINN." m Y o� V � � is ossumed to bear North � 89 � O a+ ��'_� cees 39 minutes 07 N°<- 2 a' �`�� o seeonds East oaZ i� ��' � �oZ V - �� M o m � W �, W 0% �h � � ' � \ . zir- - J�� O�V r5 3:n�� + AAIAI�I " �: ��' . IVI I I V 1 V. � � • i .iQAO � • 6292 j�� . . ,, '--� 589°39�0%�W �� . � . . 9292 (MEAS} . o �Der�otes iron monument 91 (PLAT� set, marked with RLS No. f�,-.�Rr.� 'r r� - 172�s L/(�L / ! .i! RLL / m - � o � so i;�K.:. � ., �:�► �i�de - SCALE IN � _' — — — � �nd Smrveying� �' ��N�,=�� -- 92 � � CffY OF FRIDLEY Date To AGENDA ITEM CITY COUNCIL MEETING OF NOVEMBER 21, 2005 November 17, 2005 William Burns, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Coordinator Stacy Stromberg, Planner Subject: First Reading on ZTA #OS-03 Hyde Park S-1 Front and Side Yard Setbacks Background On November 7, 2005, the City Council held a public hearing regarding ZTA #OS-03, which is a zoning text amendment designed to reduce the front and side yard setback requirements in the Hyde Park Zoning Overlay District. The need to consider this text amendment was realized by staff as we began to review preliminary plans for the Fridley HRA's Gateway West redevelopment project in the Hyde Park Neighborhood. During that process, staff discovered an oversight in the S-1, Hyde Park Overlay District zoning language. When front yard setbacks were changed in the R-1, Single Family, section of code five years ago, the same code language was not changed in the Hyde Park District. As the City Council approved the front yard setback reduction to encourage reinvestment in single family properties, staff anticipates that the City Council also wants to encourage the same standards for reinvestment in the Hyde Park Neighborhood. In addition to the change in the minimum front yard setback, staff finds a need to reduce the side yard setback requirements in the Hyde Park District. Due to smaller (nonconforming by current code requirements) lot sizes commonly found in the Hyde Park District, the neighborhood is in a separate overlay district, which has less strict requirements for lot width, garage space, and parking. However, the side yard setback requirements are the same as those in the R-1, Single Family, zoning code language. Many existing homes do not meet the required 10' side yard setback. There are many homes and garages that do not meet the proposed 7.5' setback either. Therefore, it is anticipated that the proposed text amendment will result in less properties being classified as nonconforming. The HRA's Gateway West single family new construction project along Third Street in the Hyde Park Neighborhood is the reason why staff is proposing these code changes at this time. Staff suggests that the new homes may better fit into the neighborhood if the side yard setbacks are reduced. A seven and one-half foot setback would still ensure, in most cases, 15' between two buildings, providing ample space for maintenance and open space. Commission Action The Planning Commission held a public hearing on this proposed text amendment on October 19. A motion recommending Council approval of ZTA #OS-03 passed unanimously. Recommendation Staff concurs with the Planning Commission's recommendation for Council approval of ZTA #OS-03, reducing the front yard setback in the Hyde Park District from 35 feet to 25 feet, and reducing the side yard setback from ten feet to seven and one-half feet. The first reading of the attached ordinance is scheduled for the November 21, 2005 City Council meeting. M-OS-148 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 205 OF THE FRIDLEY CITY CODE PERTAINING TO FRONT YARD AND SIDE YARD SETBACKS IN THE S-1, HYDE PARK DISTRICT The City Council of the City of Fridley hereby finds, after review, examination and recommendation of staff, that the Fridley City Code be hereby amended as follows: D. Setbacks: (1) Front Yard: A front yard with a depth of not less than *'��*� �� °�� ` twenty five (25) feet is required. (2) Side Yard: As of January 1, 2006, all parcels of land developed with an entirely new principle and accessory structure shall require, t�wo (2) side yards �, each with a width of not less than �9} seven and one-half (7.5) feet., except as follows: (a) Where a house is built without an attached garage, a minimum side yard requirement shall be ten (10) feet on one side, and thirteen (13) feet on the other side, so that there is access to the rear yard for a detached and off-street parking area. (b) Where a house is built with an attached garage, the side yard adjoining the attached garage or accessory building may be reduced to not less than five (5) feet, provided the height of the garage or accessory building on that side is not more than fifteen (15) feet. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 200_. SCOTT J. LUND, MAYOR ATTEST: DEBRA A. SKOGEN, CITY CLERK Public Hearing: November 7, 2005 First Reading: November 21, 2005 Second Reading: Published: � � CffY OF FRIQLEY Date To AGENDA ITEM CITY COUNCIL MEETING OF NOVEMBER 21, 2005 November 16, 2005 Wlliam Burns, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Coordinator Stacy Stromberg, Planner Subject: Vacation Request, SAV #05-01, Blue Print Homes M-05-138 INTRODUCTION Blue Print Homes is seeking to vacate portions of 57th Place, 58th Avenue, and 59th Avenue, lying easterly of 3�d Street NE and terminating at the University Avenue right-of-way, to accommodate the replat for the Gateway West redevelopment project. The property is currently owned by the Fridley Housing and Redevelopment Authority. This project is referred to as "Gateway West" and is comprised of properties formerly used as a used car lot, a vacant lot that once was occupied by Werner Furniture, a 4-plex and single family homes. The "Gateway West" property is outlined in the aerial photograph shown below. As a result of the Gateway West project, 16 new, single family lots will be created. In order to create the 16 new lots, a six foot strip of 57th Place, a 60 ft. portion of 58th Avenue and a 60 ft. portion of 59th Avenue, lying easterly of 3�d Street NE and terminating at the University Avenue right-of-way, needs to be vacated. The six ft. strip of 57th Place to be vacated will provide additional lot width for Lots 7-9, Block 1, without affecting the right-of-way need for the road or snow storage. The portions of 58th Avenue and 59th Avenue to be vacated are approximately a 60 ft. by 140 ft. located between 3�d Street and University Avenue. The 58th Avenue section to be vacated will provide the necessary lot area for Lots 1 and 2, Block 1. The 59th Avenue section to be vacated will provide 30 ft. of necessary lot area for Lot 1, Block 2, and the remaining 30 ft. of vacated right-of-way will go to the property located at 5859 3�d Street. PLANNING COMMISSION RECOMMENDATION At the November 2, 2005, Planning Commission meeting, a public hearing was held for SAV #05-01. After a brief discussion, the Planning Commission recommended approval of SAV #05- 01, with the stipulations as presented. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMNEDATION City Staff recommends concurrence with the Planning Commission. STIPULATIONS 1. Petitioner shall obtain all necessary permits prior to construction. 2. Grading and drainage plan to be approved by City's engineering staff prior to the issuance of any building permits, in order to minimize impacts to the surrounding properties. 3. During construction, silt fencing shall be used where applicable. 4. Petitioner to pay all water and sewer connection fees. 5. The petitioner shall agree to preserve mature trees to the extent possible. All trees required to be removed for the new homes shall be marked and approved by City staff prior to issuance of building permits. 6. Petitioner to provide City with a copy of the declaration of conveyance for the development that outlines the landscaping and fencing requirements prior to issuance of a building permit. City of Fridley Land Use Application PS #05-08 & SAV #05-01 November 2, 2005 GENERAL INFORMATION Applicant: Blueprint Homes Jeff Magdik 1512 125th Avenue NE Blaine MN 55449 Requested Action: Replat property to accommodate 16 single family homes Vacate a portion of 57th Place, 58th Avenue and 59th Avenue Existing Zoning: S-1 (Hyde Park Neighborhood) Location: 271 and 281 57th Place, 5740 University Avenue, and 5917-5955 3�d Street Size: Project Area: 150,282 sq. ft. 3.45 acres Existing Land Use: Vacant land Surrounding Land Use & Zoning: N: Single Family & S-1 E: University Avenue & ROW S: Burger King & C-2 W: Single Family, Apt. Buildings, Qwest & S-1 Comprehensive Plan Conformance: Consistent with Plan. Zonin�q History: 271 57 h Place: 1887 — Lot is platted. House built pre-1949 2005 —House demolished. 281 57th Place: 1887 — Lot is platted. House built pre-1949 1965 — House demolished and new one constructed. 2005 — House demolished. 5740 Universitv Avenue: Frank's Used Cars: 1886 — Lot is platted. 1955 — Garage constructed. 2005 — Garage demolished. 5917 3�d Street: 1886 — Lot is platted. House built pre-1949 2005 — House demolished. 5923 3�d Street: 1886 — Lot is platted. 1954 — House constructed. 1965 — Detached garage constructed. 2005 — House and garage demolished. SPECIAL INFORMATION 5925 3'� Street: 1886 — Lot is platted. House built pre-1949 1950 — Addition to home. 1987 — Detached garage constructed. 2005 — House and garage demolished. 5931 3�d Street: 1886 — Lot is platted. House built pre-1949 1953 — Addition to home. 2005 — House demolished. 5955 3�d Street: 1886 — Lot is platted. 1962 — 4-plex constructed. 2005 — 4-plex demolished. Legal Description of Property: See attached. Public Utilities: Available in the street Transportation: Properties will be accessed from 57th Place and 3�d Street Physical Characteristics: Lots are relatively flat and currently vacant SUMMARY OF REQUEST Blue Print Homes, is seeking to replat portions of Block 2, City View Addition and portions of Block 12 and 28, Hyde Park Addition. They are also seeking to vacate portions of 57th Place, 58th Avenue and 59th Avenue to create 16 new single family lots for the Gateway West Redevelopment project. SU M MARY OF ANALYSIS City Staff recommends approval of the preliminary plat request. • Proposed lots meet or exceed the size standards required by the City of Fridley Zoning Code. • Provides new home ownership opportunities in Fridley. City Staff recommends approval of the vacation request. • Street vacation will allow for additional single family lots. Council Action / 60 Day Date City Council — November 21, 2005 60 Day Date — November 28, 2005 Staff Report Prepared by: Stacy Stromberg Gateway West Redevelopment — PS #05-08 & SAV #05-01 THE REQUEST Blue Print Homes, is seeking to replat portions of Block 2, City View Addition and portions of Blocks 12 and 28, Hyde Park Addition, generally located between 57th Place and 61St Avenue and 3�d Street and University Avenue to create 16 new single family lots for the Gateway West redevelopment project. Blue Print Homes is also seeking to vacate portions of 57th Place, 58th Avenue, and 59tn Avenue, lying easterly of 3�d Street NE and terminating at the University Avenue right-of-way, to accommodate the replat for the Gateway West redevelopment project. The property is currently owned by the Fridley Housing and Redevelopment Authority. This project is referred to as "Gateway West" and is comprised of properties formerly used as a used car lot, a vacant lot that once was occupied by Werner Furniture, a 4-plex and single family homes. The "Gateway West" property is outlined in the aerial photograph shown below. These two requests require separate actions by the Planning Commission. Information in this staff report will be presented relevant to both of the requests, but staff recommendations will be made for each individual request. Gateway West Redevelopment Project HISTORICAL TIMELINE In 1976, the City Council created the S-1, Hyde Park Overlay district which applied only to the properties located between Main Street and University Avenue and 57th Place and 61St Avenue. In 1976, this area of the city was a mixture of uses; made up of single family residential, duplexes, multi-family and commercial properties. The purpose of the overlay district was to recognize the mix of uses that existed at that time and to no longer permit commercial properties within the Hyde Park district. At the time of the creation of the S-1, Hyde Park overlay district, the City Council promised the residents of this area that by creating this district, they would no longer allow new commercial properties and once the existing uses ceased operation they wouldn't be replaced. The existing commercial properties, like Custom Mechanical (60th & 3�d), Werner Furniture (59th Ave. & 3�d Street), and Frank's Used Cars (58tn Avenue & 3�d Street) would be allowed to remain until such time that the owner changed hands, the use was going to change, or the property went up for sale. In 1994, Custom Mechanical wanted to sell their property to another mechanical contractor; however, resale of their property, even to another mechanical contractor, wasn't allowed as part of the Hyde Park overlay. Therefore, the city purchased the property and demolished the commercial building. The City also took the slip off out that once provided southbound University Avenue motorist with easy access to the businesses on 3�d Street. After the removal of the commercial building and the slip off, the City replatted the property that was left into two single family lots and sold the lots to the HRA. The HRA in turn sold them though their scattered site program and two single family homes exist on the property now. In 1996, the HRA purchased the Frank's Used Cars site and, in 1999, the HRA purchased the Werner's Furniture site. The Werner Furniture building was torn down with the thought that the lot could be redeveloped and sold through the scattered site program. The HRA let the building remain at the Frank's Used Car site to help the HRA meet TIF (Tax Increment Financing) financing requirements for blight. The vision for the Gateway West project at this time included the Frank's Used Car site and the single family homes south of it. There was an analysis done at this time that determined that this project area could be comprised of either seven single family homes, townhouses, or a senior apartment building. A neighborhood meeting was held in which neighborhood opposition arose. Many people spoke of concern about 57th Avenue traffic. Since 57th Avenue was slated for redesign and rebuilding in 1998, the HRA moved their attention towards the Gateway East project, on the east side of University Avenue. In 2002, after the completion of the Gateway East project, the HRA re-focused its efforts on the Gateway West project. A neighborhood meeting was held and a tax increment analysis was completed. The tax increment analysis determined that there wasn't enough blight to warrant a project other than single family in this neighborhood. At this point the City Council and HRA determined that single family residential was the way to go and directed staff to do their analysis. The image along the west side of University Avenue was a main focus for the City and the HRA, so city staff did an analysis of the entire 3�d Street block to determine what areas were in need of redevelopment. It was determined that the 5800 block of 3�d Street didn't show a high percentage of blight to make it eligible for TIF (Tax Increment Financing), but the 5700 block and the 5900 block of 3�d Street were blighted and in need of redevelopment. In 2002, staff started acquiring the additional properties to make the Gateway West project a reality. The last property needed for the project was acquired earlier this year. The project area is comprised of two commercial properties, one property with a four-plex on it and six lots with single family homes. All of the buildings on the lots acquired for the project were recently demolished. HRA'S VISION FOR GATEWAY WEST Since the land has been acquired, the Housing & Redevelopment Authority's (HRA) goal for Gateway West is to convert the former mixed commercial and residential area into a viable single family residential development. They have approved Blue Print Homes, a Blaine housing developer, for the construction of 16, new, single-family homes. The attraction of Blue Print Homes stems from their commitment to variety and quality of construction. They pride themselves on never constructing the same home twice. The exteriors of the homes will include brick and stone, as well as an attractive mix of other siding material to give homes a unique look. The developer expects that the homes will range in price between $250,000-$400,000. It is the hope of the City and the HRA that as money is invested in the Hyde Park neighborhood, existing values should rise, and, if the past repeats itself, the new development will prompt reinvestment in the existing properties. REPLAT AND STREET VACATION As a result of the Gateway West project, the existing properties need to be replatted to create the 16, new, single-family lots. The plat will be divided into two blocks. Block 1 will be comprised of nine single family lots and is located on the southern portion of the project. Block 2 will include seven single family lots and is on the northern portion of the project. Fridley City code requires that lots in the S-1, Hyde Park zoning district be a minimum of 60 ft. in width or 65 ft. in width for corner lots. The lots vary from in lot width from 60 ft. to 107 ft. City code also requires that lots in the S-1 district have a minimum of 7,500 square feet for lot area. The smallest lot size is 7,550 square feet; the largest lot size is 13,092 square feet, with the average lot size being 9,393 square feet. � � BIOCk 2 Lots 1-7 � Block 1 Lots 1-9 __� Cross-hatched areas signify Block 1 and Block 2 In order to create the 16 new lots, a six foot strip of 57th Place, a 60 ft. portion of 58th Avenue and a 60 ft. portion of 59th Avenue, lying easterly of 3�d Street NE and terminating at the University Avenue right-of-way, needs to be vacated. The six ft. strip of 57th Place to be vacated will provide additional lot width for Lots 7-9, Block 1, without affecting the right-of-way need for the road or snow storage. The portions of 58t'' Avenue and 59th Avenue to be vacated are approximately a 60 ft. by 140 ft. located between 3�d Street and University Avenue. The 58tn Avenue section to be vacated will provide the necessary lot area for Lots 1 and 2, Block 1. The 59th Avenue section to be vacated will provide 30 ft. of necessary lot area for Lot 1, Block 2, and the remaining 30 ft. of vacated right-of-way; will go to the property located at 5859 3�d Street. As you are aware, a zoning text amendment for the S-1, Hyde Park zoning district, related to the reduction of the front yard and side yard setback was approved by the Planning Commission on October 19, 2005. This request will go before the City Council on November 7, 2005. The proposed plat for the Gateway West project has been designed to follow the new front yard and side yard setback standards. If this zoning text amendment is denied by the City Council, the project will need to be redesigned to meet the old setback requirements. STAFF RECOMMENDATION City Staff recommends approval of this preliminary plat request. ■ Proposed lots meet or exceed the size standards required by the City of Fridley zoning code. ■ Provides new home ownership opportunities in Fridley. City Staff recommends approval of this vacation request. ■ Street vacation will allow for additional single family lots. STIPULATIONS City Staff recommend that the following stipulations be placed upon approval of the preliminary plat request. 1. Petitioner shall obtain all necessary permits prior to construction. 2. Grading and drainage p/an to be approved by City's engineering staff prior to the issuance of any building permits, in order to minimize impacts to the surrounding properties. 3. During construction, silt fencing shall be used where applicable. 4. Petitioner to pay all water and sewer connection fees. 5. The petitioner shall agree to preserve mature trees to the extent possible. All trees required to be removed for the new homes shall be marked and approved by City staff prior to issuance of building permits. 6. Petitioner to provide City with a copy of the declaration of conveyance for the development that outlines the landscaping and fencing requirements prior to issuance of a building permit. 101 RESOLUTION NO. RESOLUTION TO VACATE PORTIONS OF 3RD STREET NE, 57T" PLACE NE, 58T" AVNEUE NE, 59T" AVENUE NE, AND ALLEYWAYS WITHIN BLOCK 12 AND 21, LYING EASTERLY OF 3RD STREET NE AND TERMINATING AT THE UNIVERSITY AVENUE NE RIGHT-OF-WAY. WHEREAS, this portions of 3�d Street, 57�' Place NE, 58�' Avenue NE, and 59tn Avenue NE and the aileyways within Block 12 and Block 21 are being used to accommodate the Gateway West Redevelopment project; and WHEREAS, a public hearing was held on this matter by the Planning Commission on November 2, 2005 and the City Council on November 21, 2005. NOW, THEREFORE, BE IT RESOLVED that the City of Fridley vacate the following: PROPOSED VACATION OF 3RD STREET (JACKSON STREET) THAT PART OF 3RD STREET NE (JACKSON STREET), AS SHOWN ON THE PLAT OF HYDE PARK, ANOKA COUNTY, MINNESOTA WHICH LIES 30.00 FEET EASTERLY OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE CENTERLINE INTERSECTION OF 3RD STREET NE. AND 58T" AVENUE NE.; THENCE SOUTHERLY ALONG THE CENTERLINE OF 3RD STREET NE., A DISTANCE OF 165.34 FEET, THENCE ON A TANGENTIAL CURVE TO THE RIGHT WHOSE CENTRAL ANGLE IS 55 DEGREES 30 MINUTES 00 SECONDS AND RADIUS IS 130.00 FEET A DISTANCE OF 125.93 FEET: THENCE ON A TANGENTIAL CURVE TO THE LEFT WHOSE CENTRAL ANGLE IS 55 DEGREES 12 MINUTES 15 SECONDS AND RADIUS IS 191.27 FEET, A DISTANCE OF 'l84.28 FEET; THENCE TANGENT TO LAST DESCRIBED CURVE TO THE CENTERLINE OF 57T" PLACE, AS SHOWN ON THE PLAT OF CITY VIEW, ANOKA COUNTY, MINNESOTA, AND SAID CENTERLINE THERE TERMINATING, AND LYING NORTHERLY OF THE WESTERLY EXTENSION OF THE SOUTH LINE OF LOT 6, BLOCK 28, HYDE PARK, TO ITS INTERSECTION WITH ABOVE DESCRIBED CENTERLINE. PROPOSED ALLEY VACATION BLOCK 21, HYDE PARK: THAT PART OF THE ALLEY AS SHOWN ON THE PLAT OF HYDE PARK, ANOKA COUNTY, MINNESOTA WHICH LIES WESTERLY OF THE WESTERLY RIGHT OF WAY LINE OF STATE TRUNK HIGHWAY NO. 47, PER AMENDED WIDTH ORDER NO. 62597, AND LYING SOUTHERLY OF THE EASTERLY EXTENSION OF THE NORTH LINE OF LOT 16, BLOCK 21, HYDE PARK AND LYING NORTHERLY OF THE EASTERLY EXTENSION OF THE SOUTH LINE OF LOT 16, BLOCK 21, HYDE PARK. 102 PROPOSED VACATION OF 58T" AVENUE NE: THAT PARK OF 58T" AVENUE NE (COMMERCIAL AVENUE) AS SHOWN ON THE PLAT OF HYDE PARK, ANOKA COUNTY, MINNESOTA WHICH LIES WESTERLY OF THE WESTERLY RIGHT OF WAY LINE OF STATE TRUNK HIGHWAY NO. 47, PER AMENDED WIDTH ORDER NO. 62597, AND LYING EASTERLY OF A LINE DESCRIBED AS BEGINNING AT THE SOUTHWEST CORNER OF LOT 16, BLOCK 21, HYDE PARK THENCE RUNNING SOUTHERLY TO THE NORTHWEST CORNER OF LOT 10, BLOCK 28, HYDE PARK. PROPOSED VACATION OF 59TH AVENUE NE: THAT PART OF 59T" AVENUE NE (BROADWAY AVENUE) AS SHOWN ON THE PLAT OF HYDE PARK, ANOKA COUNTY, MINNESOTA, LYING WESTERLY OF THE WESTERLY RIGHT OF WAY LINE OF STATE TRUNK HIGHWAY NO. 47, PER AMENDED WIDTH ORDER NO. 62597 AND LYING EASTERLY OF A LINE DESCRIBED AS BEGINNING AT THE NORTHWEST CORNER OF LOOT 30, BLOCK 21, HYDE PARK, ANOKA COUNTY, MINNESOTA THENCE RUNNING NORTHERLY TO THE SOUTHWEST CORNER OF LOT 16, BLOCK 12, HYDE PARK, ANOKA COUNTY, MINNESOTA PROPOSED ALLEY VACATION IN BLOCK 12, HYDE PARK: THAT PART OF THE ALLEY AS SHOWN ON THE PLAT OF HYDE PARK, ANOKA COUNTY, MINNESOTA, WHICH LIES WESTERLY OF THE WESTERLY RIGHT OF WAY LINE OF STATE TRUNK HIGHWAY NO. 47, PER AMENDED WIDTH ORDER NO. 62597, AND LYING SOUTHERLY OF THE EASTERLY EXTENSION OF THE NORTH LINE OF LOT 26, BLOCK 12, HYDE PARK, AND LYING NORTHERLY OF THE EASTERLY EXTENSION OF THE SOUTH LINE OF LOT 16, BLOCK 12, HYDE PARK. PROPOSED VACATION OF 57T" PLACE: THAT PART OF 57T" PLACE (UNNAMED STREET), AS SHOWN ON THE PLAT OF HYDE PARK ANOKA COUNTY, MINNESOTA LYING NORTH OF A LINE 6 FEET SOUTHERLY AND PARALLEL TO THE NORTHERLY LINE OF SAID 57T" PLACE AND LYING WESTERLY OF THE WESTELY RIGHT OF WAY LINE OF STATE TRUNK HIGHWAY NO. 47, PER AMENDED WIDTH ORDER NO. 62579 AND LYING EASTERLY OF A LINE BEING DESCRIBED AS BEGINNING AT THE NORTHEAST CORNER OF THE WEST HALF OF LOT 7, BLOCK 7, CITY VIEW, ANOKA COUNTY, MINNESOTA: THENCE NORTH 03 DEGREES 23 MINUTES 05 SECONDS WEST, ASSUMING THAT THE NORTH LINE OF SAID LOT 7, BLOCK 7 BEARS SOUTH 89 DEGREES 17 MINUTES 47 SECONDS EAST, A DISTANCE OF 66.16 FEET, TO THE NORTH RIGHT OF WAY LINE OF SAID 57T" PLACE AND SAID LINE THERE TERMINATING. 103 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 215T DAY OF NOVEMBER, 2005. _ ATTEST: DEBRA A. SKOGEN - CITY CLERK SCOTT LUND - MAYOR 104 � � CffY OF FRIQLEY Date To AGENDA ITEM CITY COUNCIL MEETING OF NOVEMBER 21, 2005 November 16, 2005 Wlliam Burns, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Coordinator Stacy Stromberg, Planner Subject: Preliminary Plat Request, PS #05-08, Blue Print Homes M-05-137 INTRODUCTION Blue Print Homes, is seeking to replat portions of Block 2, City View Addition and portions of Blocks 12 and 28, Hyde Park Addition, generally located between 57th Place and 61St Avenue and 3�d Street and University Avenue to create 16 new single family lots for the Gateway West redevelopment project. The property is currently owned by the Fridley Housing and Redevelopment Authority. This project is referred to as "Gateway West" and is comprised of properties formerly used as a used car lot, a vacant lot that once was occupied by Werner Furniture, a 4-plex, and single family homes. The "Gateway West" property is outlined in the aerial photograph shown below. As a result of the Gateway West project, the existing properties need to be replatted to create the 16, new, single-family lots. The plat will be divided into two blocks. Block 1 will be comprised of nine single family lots and is located on the southern portion of the project. Block 2 will include seven single family lots and is on the northern portion of the project. Fridley City code requires that lots in the S-1, Hyde Park zoning district be a minimum of 60 ft. in width or 65 ft. in width for corner lots. The lots vary from in lot width from 60 ft. to 107 ft. City code also requires that lots in the S-1 district have a minimum of 7,500 square feet for lot area. The smallest lot size is 7,550 square feet; the largest lot size is 13,092 square feet, with the average lot size being 9,393 square feet. PLANNING COMMISSION RECOMMENDATION At the November 2, 2005, Planning Commission meeting, a public hearing was held for PS #05- 08. Commissioner Dunham and Commissioner Kondrick both expressed an interest in charging a park dedication fee for these newly created parcels. They felt that because the new residents would be using the recreational facilities in our community that something should be charged to the properties. The Planning Commission recommended approval of PS #05-08, with the stipulations as presented. THE MOTION CARRIED UNANIMOUSLY. There are 12 pre-developed lots, which includes the 4-plex. The Gateway West project is proposing to create 16, new single family lots. Staff recommends that an additional stipulation be added and a park dedication fee be charged for the 4 new lots (4 lots x$1,500 =$6,000) created beyond the pre-developed lots. PLANNING STAFF RECOMMNEDATION City Staff recommends concurrence with the Planning Commission. STIPULATIONS 1. Petitioner shall obtain all necessary permits prior to construction. 2. Grading and drainage plan to be approved by City's engineering staff prior to the issuance of any building permits, in order to minimize impacts to the surrounding properties. 3. During construction, silt fencing shall be used where applicable. 4. Petitioner to pay all water and sewer connection fees. 5. The petitioner shall agree to preserve mature trees to the extent possible. All trees required to be removed for the new homes shall be marked and approved by City staff prior to issuance of building permits. 6. Petitioner to provide City with a copy of the declaration of conveyance for the development that outlines the landscaping and fencing requirements prior to issuance of a building permit. 7. Park dedication fee of $6,000.00 (4 lots x$1,500.00) to be paid prior to issuance of a building permit. City of Fridley Land Use Application PS #05-08 & SAV #05-01 November 2, 2005 GENERAL INFORMATION Applicant: Blueprint Homes Jeff Magdik 1512 125th Avenue NE Blaine MN 55449 Requested Action: Replat property to accommodate 16 single family homes Vacate a portion of 57th Place, 58th Avenue and 59th Avenue Existing Zoning: S-1 (Hyde Park Neighborhood) Location: 271 and 281 57th Place, 5740 University Avenue, and 5917-5955 3�d Street Size: Project Area: 150,282 sq. ft. 3.45 acres Existing Land Use: Vacant land Surrounding Land Use & Zoning: N: Single Family & S-1 E: University Avenue & ROW S: Burger King & C-2 W: Single Family, Apt. Buildings, Qwest & S-1 Comprehensive Plan Conformance: Consistent with Plan. Zonin�q History: 271 57 h Place: 1887 — Lot is platted. House built pre-1949 2005 —House demolished. 281 57th Place: 1887 — Lot is platted. House built pre-1949 1965 — House demolished and new one constructed. 2005 — House demolished. 5740 Universitv Avenue: Frank's Used Cars: 1886 — Lot is platted. 1955 — Garage constructed. 2005 — Garage demolished. 5917 3�d Street: 1886 — Lot is platted. House built pre-1949 2005 — House demolished. 5923 3�d Street: 1886 — Lot is platted. 1954 — House constructed. 1965 — Detached garage constructed. 2005 — House and garage demolished. SPECIAL INFORMATION 5925 3'� Street: 1886 — Lot is platted. House built pre-1949 1950 — Addition to home. 1987 — Detached garage constructed. 2005 — House and garage demolished. 5931 3�d Street: 1886 — Lot is platted. House built pre-1949 1953 — Addition to home. 2005 — House demolished. 5955 3�d Street: 1886 — Lot is platted. 1962 — 4-plex constructed. 2005 — 4-plex demolished. Legal Description of Property: See attached. Public Utilities: Available in the street Transportation: Properties will be accessed from 57th Place and 3�d Street Physical Characteristics: Lots are relatively flat and currently vacant SUMMARY OF REQUEST Blue Print Homes, is seeking to replat portions of Block 2, City View Addition and portions of Block 12 and 28, Hyde Park Addition. They are also seeking to vacate portions of 57th Place, 58th Avenue and 59th Avenue to create 16 new single family lots for the Gateway West Redevelopment project. SU M MARY OF ANALYSIS City Staff recommends approval of the preliminary plat request. • Proposed lots meet or exceed the size standards required by the City of Fridley Zoning Code. • Provides new home ownership opportunities in Fridley. City Staff recommends approval of the vacation request. • Street vacation will allow for additional single family lots. Council Action / 60 Day Date City Council — November 21, 2005 60 Day Date — November 28, 2005 Staff Report Prepared by: Stacy Stromberg Gateway West Redevelopment — PS #05-08 & SAV #05-01 THE REQUEST Blue Print Homes, is seeking to replat portions of Block 2, City View Addition and portions of Blocks 12 and 28, Hyde Park Addition, generally located between 57th Place and 61St Avenue and 3�d Street and University Avenue to create 16 new single family lots for the Gateway West redevelopment project. Blue Print Homes is also seeking to vacate portions of 57th Place, 58th Avenue, and 59tn Avenue, lying easterly of 3�d Street NE and terminating at the University Avenue right-of-way, to accommodate the replat for the Gateway West redevelopment project. The property is currently owned by the Fridley Housing and Redevelopment Authority. This project is referred to as "Gateway West" and is comprised of properties formerly used as a used car lot, a vacant lot that once was occupied by Werner Furniture, a 4-plex and single family homes. The "Gateway West" property is outlined in the aerial photograph shown below. These two requests require separate actions by the Planning Commission. Information in this staff report will be presented relevant to both of the requests, but staff recommendations will be made for each individual request. Gateway West Redevelopment Project HISTORICAL TIMELINE In 1976, the City Council created the S-1, Hyde Park Overlay district which applied only to the properties located between Main Street and University Avenue and 57th Place and 61St Avenue. In 1976, this area of the city was a mixture of uses; made up of single family residential, duplexes, multi-family and commercial properties. The purpose of the overlay district was to recognize the mix of uses that existed at that time and to no longer permit commercial properties within the Hyde Park district. At the time of the creation of the S-1, Hyde Park overlay district, the City Council promised the residents of this area that by creating this district, they would no longer allow new commercial properties and once the existing uses ceased operation they wouldn't be replaced. The existing commercial properties, like Custom Mechanical (60th & 3�d), Werner Furniture (59th Ave. & 3�d Street), and Frank's Used Cars (58tn Avenue & 3�d Street) would be allowed to remain until such time that the owner changed hands, the use was going to change, or the property went up for sale. In 1994, Custom Mechanical wanted to sell their property to another mechanical contractor; however, resale of their property, even to another mechanical contractor, wasn't allowed as part of the Hyde Park overlay. Therefore, the city purchased the property and demolished the commercial building. The City also took the slip off out that once provided southbound University Avenue motorist with easy access to the businesses on 3�d Street. After the removal of the commercial building and the slip off, the City replatted the property that was left into two single family lots and sold the lots to the HRA. The HRA in turn sold them though their scattered site program and two single family homes exist on the property now. In 1996, the HRA purchased the Frank's Used Cars site and, in 1999, the HRA purchased the Werner's Furniture site. The Werner Furniture building was torn down with the thought that the lot could be redeveloped and sold through the scattered site program. The HRA let the building remain at the Frank's Used Car site to help the HRA meet TIF (Tax Increment Financing) financing requirements for blight. The vision for the Gateway West project at this time included the Frank's Used Car site and the single family homes south of it. There was an analysis done at this time that determined that this project area could be comprised of either seven single family homes, townhouses, or a senior apartment building. A neighborhood meeting was held in which neighborhood opposition arose. Many people spoke of concern about 57th Avenue traffic. Since 57th Avenue was slated for redesign and rebuilding in 1998, the HRA moved their attention towards the Gateway East project, on the east side of University Avenue. In 2002, after the completion of the Gateway East project, the HRA re-focused its efforts on the Gateway West project. A neighborhood meeting was held and a tax increment analysis was completed. The tax increment analysis determined that there wasn't enough blight to warrant a project other than single family in this neighborhood. At this point the City Council and HRA determined that single family residential was the way to go and directed staff to do their analysis. The image along the west side of University Avenue was a main focus for the City and the HRA, so city staff did an analysis of the entire 3�d Street block to determine what areas were in need of redevelopment. It was determined that the 5800 block of 3�d Street didn't show a high percentage of blight to make it eligible for TIF (Tax Increment Financing), but the 5700 block and the 5900 block of 3�d Street were blighted and in need of redevelopment. In 2002, staff started acquiring the additional properties to make the Gateway West project a reality. The last property needed for the project was acquired earlier this year. The project area is comprised of two commercial properties, one property with a four-plex on it and six lots with single family homes. All of the buildings on the lots acquired for the project were recently demolished. HRA'S VISION FOR GATEWAY WEST Since the land has been acquired, the Housing & Redevelopment Authority's (HRA) goal for Gateway West is to convert the former mixed commercial and residential area into a viable single family residential development. They have approved Blue Print Homes, a Blaine housing developer, for the construction of 16, new, single-family homes. The attraction of Blue Print Homes stems from their commitment to variety and quality of construction. They pride themselves on never constructing the same home twice. The exteriors of the homes will include brick and stone, as well as an attractive mix of other siding material to give homes a unique look. The developer expects that the homes will range in price between $250,000-$400,000. It is the hope of the City and the HRA that as money is invested in the Hyde Park neighborhood, existing values should rise, and, if the past repeats itself, the new development will prompt reinvestment in the existing properties. REPLAT AND STREET VACATION As a result of the Gateway West project, the existing properties need to be replatted to create the 16, new, single-family lots. The plat will be divided into two blocks. Block 1 will be comprised of nine single family lots and is located on the southern portion of the project. Block 2 will include seven single family lots and is on the northern portion of the project. Fridley City code requires that lots in the S-1, Hyde Park zoning district be a minimum of 60 ft. in width or 65 ft. in width for corner lots. The lots vary from in lot width from 60 ft. to 107 ft. City code also requires that lots in the S-1 district have a minimum of 7,500 square feet for lot area. The smallest lot size is 7,550 square feet; the largest lot size is 13,092 square feet, with the average lot size being 9,393 square feet. � � BIOCk 2 Lots 1-7 � Block 1 Lots 1-9 __� Cross-hatched areas signify Block 1 and Block 2 In order to create the 16 new lots, a six foot strip of 57th Place, a 60 ft. portion of 58th Avenue and a 60 ft. portion of 59th Avenue, lying easterly of 3�d Street NE and terminating at the University Avenue right-of-way, needs to be vacated. The six ft. strip of 57`h Place to be vacated will provide additional lot width for Lots 7-9, Block 1, without affecting the right-of-way need for the road or snow storage. The portions of 58th Avenue and 59'h Avenue to be vacated are approximately a 60 ft. by 140 ft. located between 3�d Street and University Avenue. The 58tn Avenue section to be vacated will provide the necessary lot area for Lots 1 and 2, Block 1. The 59th Avenue section to be vacated will provide 30 ft. of necessary lot area for Lot 1, Block 2, and the remaining 30 ft. of vacated right-of-way; will go to the property located at 5859 3�d Street. As you are aware, a zoning text amendment for the S-1, Hyde Park zoning district, related to the reduction of the front yard and side yard setback was approved by the Planning Commission on October 19, 2005. This request will go before the City Council on November 7, 2005. The proposed plat for the Gateway West project has been designed to follow the new front yard and side yard setback standards. If this zoning text amendment is denied by the City Council, the project will need to be redesigned to meet the old setback requirements. STAFF RECOMMENDATION City Staff recommends approval of this preliminary plat request. ■ Proposed lots meet or exceed the size standards required by the City of Fridley zoning code. ■ Provides new home ownership opportunities in Fridley. City Staff recommends approval of this vacation request. ■ Street vacation will allow for additional single family lots. STIPULATIONS City Staff recommend that the following stipulations be placed upon approval of the preliminary plat request. 1. Petitioner shall obtain a/l necessary permits prior to construction. 2. Grading and drainage plan to be approved by City's engineering staff prior to the issuance of any building permits, in order to minimize impacts to the surrounding properties. 3. During construction, silt fencing shall be used where applicable. 4. Petitioner to pay all water and sewer connection fees. 5. The petitioner shall agree to preserve mature trees to the extent possib/e. A/l trees required to be removed for the new homes shall be marked and approved by City staff prior to issuance of building permifs. 6. 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Hickok, Community Development Director SUBJECT: Architects Revisions to Islamic Center Project SP#04-06 and a Request by the Islamic Center of Minnesota to Extend Their SUP Approval for an Additional 12-Months, to January 3 2007. INTRODUCTION The Islamic Center of Minnesota is requesting two actions of the City Council. These are: approval of modifications to the original building plan considered and approved through Special Use Permit, SP# 04-06, and a 12-month extension of their SUP timeline for an additional 12-months, to January 3 2007. ELEMENTS TO CONSIDER On January 3, 2005, the City approved Special Use Permit, SP #04-06, to amend an existing special use permit to allow a school expansion to be used as a classroom and multiple purpose room complex. The City's approval included 12 stipulations ranging from obtaining proper permits prior to construction, to assuring that all lighting installed is shielded and downcast to prevent horizontal glare. While completing the working details in the construction plans, architects determined that additional space would be required in certain classrooms. A determination was also made that in order to have proper hall widths and lockers, widening of the Phase 1 building would be required. Also, this architectural analysis revealed that in order for buses to circulate properly, parking stalls would be required to be moved to a more westerly location in their approved parking lot. PAGE 2 Islamic Center of Minnesota November 17, 2005 You may recall that the Islamic Center had discussed that their classroom capacity was anticipated to be 25 students. The classrooms, however, were at that time designed to be between 600 s.f. and 650 s.f. each. This calculates out to be 26 s.f. per student. The standard for 25 students is closer to 36 s.f. per student, or 900 s.f. per classroom overall. Once reviewed further by the design professionals and school representatives, a determination was made that the modification should be made to the design. Immediately, this meant two things: first, it required that plans come back for Council review to assure full public disclosure of modifications. Second, it meant that additional time would be required to complete the construction plans, thereby requiring an extension to the one-year timeframe to begin the project. The original combined square foot total of Phase 1 and Phase 2 was 39,694 s.f. School representatives have indicated that if allowed to make this expansion/modification, they will reduce the size of Phase 2, so that the combined total of Phase 1 and Phase 2 remains at or below the original combined total 39,694 square foot dimension. The building footprint changes of Phase 1 are as follows: The original colonnade on the south-west face of the building was originally designed as a covered walkway, with columns. This had an overall width of 7'/ feet and ran along the entire south-west face of the building. In order to gain space internally, this colonnade would be replaced by internal building space, or in essence, the wall of the building would move south-west and replace the open colonnade. Also, on the north-east face of the building, the southern-most portion of that building face would be bumped out to a point 5 feet beyond the originally planned overhang, or an additional 10 feet further northwest, than the original building wall. That 10 foot bump-out would accommodate the hall and four classrooms closest to the existing school. In no case will that bump-out be closer to the wetland than 48', as discussed in the original public hearing. Though the wetland is not a protected wetland, staff assured the architect that any modification bringing the building closer than 48 feet to its delineated edge, would likely not be approved. Since the south-west expansion replaces a portion of the building that was already planned as a colonnade and covered by a roof, and since the north- western expansion is adjacent to the existing building and fully screened from adjacent properties, staff recommends approval of both modifications. ' PAG E 3 Islamic Center of Minnesota - November 17, 2005 ` As for parking lot modifications, bus circulation off Gardena was essential in consideration of this original school expansion. The parking lot modification face west, the original approval of the school expansion required an 8' hedge and a fence along the western edge of the site. The combination of these features will mitigate the impact of headlights on the properties west of the school. . i tion as ro osed. Therefore, staff recommends approval of the parking modif ca p p - � � As for the 12 —month extension, these plan modifications were substantial and finishing the architectural work and related fundraising are reasonable justifications for an extension. The Islamic Center of Minnesota and its architects anticipate they will begin construction in March 2006. Staff recommends approval of the requested 12-month extension. RECOMMENDATION Staff recommends that the City Council approve the building modifications as proposed. Further, staff recommends approval of a 12-month extension for SP# 04-06, to January 3, 2007. 115 .� �— - — CYISi. MUSC I �I EASi. � � �NUY 1 � � �� •I �� I�wsira nasc r I � �r �� , �- .�.. "� e� a � � �� _ ��, �:;f° �� .� 1 `, �i'; � � �� c�� `� �� 7�;. . - ��'� � -- ,� � � � . � � I M � I . 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Q � � w &8 :__;i:._:.: W �' 3§ a O r .w,a — 1 � S W w =y ,�A �! m , � * Y � � i ,� ��: In the name of Allah, Most Gracious, Most Merciful �9.�;�s° �,Y9:+ �s`°��l j� �1t Islamic Center of Minnesota -C November 13, 2005 Scott J. Hickok City of Fridley 6431 University Ave N.E. Fridley, MN 55432 Re; ICM Expansion Project On January 3, 2005 the Fridley City Council granted approval for the special use permit SP #04-06 to the plans to expand Islamic Center of Minnesota located at 1401 Gardena Avenue. Recently the cost of construction material has escalated. This has constrained our budget and will require additional fundraising. We have a contract with DJR Architects for the preparation of plans and specification for the project. The plans and specifications aze scheduled to be completed by December 9, 2005 as shown on the attached schedule. We are requesting a one-year extension to the City Council approval for the start of construction of the project. Tha.nk you for your consideration (�i�cerely r _ �,��-- � Anwar Abdel-Karim Vice President, ICM Attachment: Project Schedule 1401 Gardena Ave NE, Fridley, MN 55432 Phone: (763) 571-5604 Fa�:: (763) 571-8989 Email:icmorg@yahoo.com ,� 2,� www.icmorg.com :� � � �r� :' � `- > � � --_"-'----�.... O � ._._------ ____.�-------�--- . � Z _.-'-�"-'-'----- � '•� C'i .. /A � U V� p � � ....- - -- _ _._.._.... �^ � if� `■ � _ W � `� a �� 00000000000000000 L � � m � CD N N � M N N M o � � � � N � � � � - r { � � r r � N M � ._ OO � N O� 40 � � � �F� � LL 7 LL T '- � N O LL O O LL il LL � � � �y„ LL LL L.L LL l.L � � � � � ' �. f 1 � L in u� �n �n u� u-� �n u� � cD c� cn co co ca co cn `./ �� O o o O o O o O o O o o O o O o 0 aD m N N � N � N T N N C` c") V � � N � N `- � N r- c i c+�'/ o� ao - OJ N m O � C C •�� - � � � � � � � � � � � � � �C � F- � � � - fA M V7 fn fA N tn V1 fn tn N N T tA N V1 N � C T T T T T T >. T �+ T �+ a N T >. T T 0 � � (6 (0 @ (0 c4 f9 (0 f6 f4 f0 'O (0 cV R (6 'O � 'O 'D � 'O 'O � 'O 'D � 'O � � � � 'D �� (` � � T t[) N � � { � C'7 M O O O tn tf') 7 � V O U Q I E f�' �_ .� N C U � N a O - V �U C t� C f!1 (� � N C C U U d (4 c9 m f0 US N L � N C � a� u� a d a a w a c m " E•° n ��-. �" U 7 L a2S o � o o C � � � � O O �t4 U N � fn O O � � � (9 � '� O U C d Q U E ¢�� c-, °' rn a 3 m m U� p I` o � � Z N 4- �p � �p � N o2S � N � a. �� V7 O � N N C � � � � � C ..�`. O � � N � ,4 CO N C � � LL V7 d �' d I�' LL U O_ d' Q d Cn U � LL O � i�, j �-1 � �� ! I � ��, � ,�t, �., O N � d' � t0 1� 0 N ch R LL� (O I� CD Q� I� I 122 .t . V � � 0 �F�+ � � � �w S O � �.�,, ;� a ;� �� ;� � �_ �' =-% � C N O Y N N � � � � f6 (O C C C - w � � lJ.� LLl � ♦ z � r � N E � � �, � d C � o E � aNi = � � � 4 N N N Y � � �n a u� O ti N � C O N � O mao �� U � - L U ~ N Qj O � a rJ � � AGENDA ITEM ��F CITY COUNCIL MEETING OF NOVEMBER 21, 2005 FRIDLEY INFORMAL STATUS REPORTS