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01/23/2006 - 6089� nr_ lt - � C1TY OF flkIDLEY FRIDLEY CITY COUNCIL MEETING OF JANUARY 23, 2006 7:30 p.m. - City Couacil ChaYnbers Attendance Sheet PL�ASF PR/IU1' MAM� ADDRFSS ANO /1'�M NI/M8�'R Y01/ AR� /NTFRFST�D /N. • - 1Y Priat Name �Clearly) Address Item No. .�- `> �. � u �,. — ��-- � � � � - a,��t _� 5� - '� ,�� -�.�� t� -�� -r��-�t � I�- ( `� �� S ' � N`cc� [3� �� N�� s � ,�1 � , .�--, � -��'� �-� r�l v � / v� i -.._JrcF r fVl G 1`�� t�,(� i�-,�" i�l �.1c� vt � 5'� ��1 �C.r.i�.'i�,�,� I!o p "�ot2c,� � � �c. v U �� U�S12C� ki fi� �' � � � �' Y -� ��'70 �-� �� N,�, , � , ��i�� '-�`-� � ��' �-� � a .��-- C. S Q�x `�7� ��c�h� �r �/I1 �'��C., �� [c��,L��S �c e c��- �d�� i lo �� . �r�- � � i'C4 , ti.� ) � J � � �.- �/-� S �,,� �.� � �,. �� o - - � /1 � C a��- .4 �v "�� .� � � Ql � �9� �'�� r iv' , �/U,.,r� i --� � �� ( 4 , v �. / � -� -'�i � ,zµ s�=� ys�2 '-L�.� 5 /L� � � y q �- � L� /� � � S ,�- � , i - — �� . . • ' ' �� . .� ' � FRIDLErY CITY COUNCIL MEETING OF JANUARY 23, 2006 CfiY OF F&IDLEY 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 c� �ntf ct Roberta Collins at 572-3500 at least one week in advance. (TTD/572�534) �� ,,. : : � � �� S�'� �r1'iv�'/�-- C3�� -r��-�� %� �2.� � �� PLEDGE OF ALLEGIANCE. APPROVAL OF PROPOSED CONSENT AGENDA: ��1,��/A� APPROVAL OF PROP SED CONSENT AGENDA: 5' APPROVAL OF MINUTES: � Gj�, City Council Meeting of January 9, 2006 OLD BUSINESS: ...r.---� ��d � �ac� 1. ( �Second�eading of an Ordinance Amending �—E-h�pter 205.04 of the Fridley City Code Pertaining to General Provisions (Text Amendment, TA #05-06, by the City of Fridley) ........ 1- 4 ��c� ��d1 2. Secon Reading of an Ordinance Amending �__._�h er 11D of the Fridley City Code Pertaining to Water Quality (Text Amendment, TA #05-07, by the City of Fridley) ...................... 5- 7 3. First Reading of an Ordinance Amending Chapter 603 of the Fridley City Code Pertaining to Food Sales (Tabled December 5, 2005) .. 8- 9 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: 4. Resolution Requesting Municipal State Aid System Construction Funds for Other Local Use �.��._ J� ............. 10 -12 �� '5. Resolution in Support of an Application for a Minnesota Lawful Gambling Premise Permit Application for Twin Cities North Chamber of Commerce for Billiard Street Caf� Located at 7178 University Avenue N.E. (VVard ) ................................... 13 - 14 �YB- a�,�,/��.�- a �, � �� NEW BUSINESS: 6. Approve Agreement for Legal Services Between the City offridley and Knaak & Kantrud, P.A . .................................. 15 - 20 7. Claims ............................:...... 21 8. Licenses ................................... 22 - 23 111q,, f; .-,-z� s�c s�� -.� . �- . ADOPTION OF AGENDA. /� ��i�"�'�� :�/ - � �� OPEN FORUM (VISITORS): Consideration of Items not on Agenda —15 Minutes �� PUBLIC HEARING: L�' ; �- �� /��-/,�� 9. Consideration of an On-Sale Intoxicating Liquor License Application of Michael J. White of White Owl Ventures, LLC, d/b/a Main Event Restaurant, Generally Located at 7820 University Avenue N.E. (Ward 3) ................................... 24 - 25 C�-�- : :q��/%.��;� �`. G1� NEW BUSINESS: ' 10. First Reading of an Ordinance Amending the Fridley Municipal Code Pertaining to the Late Night Endorsement of On-Sale Liquor Licen.................................. 26 - 29 � �.�-- � � ��s� � ., -- . , _ FRIDLEY CITY COUNCIL MEETING OF JANUARY 23, 2006 PAGE Z� � NEW BUSINESS (CONTINUED): NEW BUSINESS (CONTINUEDI: , .,- : 11. First Reading of an Ordinance Creating �r� �� =� { �� •' , ' ` � Chapter 205.32 0-7 of the Fridley City Code 17. Resolution by the City of Fridley Supporting Pertaining to Shoreland Overlay the Statutory Referendum Requirement for istrict .................................. 30 - 46 any County-Wide Sales Tax that may be �,�" ;� b' �� 7 S"j�' Levied for a Vikings Stadium in Anoka � / / County .. .... . 98 - ........ .. . ... . G�� YW �, Bn -� v� sGi hYr ✓�� a, el� s�� '��'� � .�, � J2. C�, - /`z�f- � �6v' ��c. G� v�--�''��r�°�.'4 ��, � � t 12. Resolution Approving a Plat, P.S. #03-08, Town �� Center, by Town Center Development, for the �.� vw��- � Purpose of Creating Two New Parcels from 18. Informal Status Report .................... 100 1282 Mississippi Street, 6490 Central Avenue ,� and the Vacant Lot South of Sandee' � s��, 5_ ��gS - P: � Resta rant (Vllard 2) ................ `!v��f - 52 , ��, �. � � � � � �`'i— ( G�t� �' /d` 5 D�S; ,r�. �Q_ / � �v�� - � a N� � ADJOURN. 13. Approve Development Agreement between the City of Fridley and Town Center Development, Pursuant to Final Plat, P.S. #03-08, Generally Located at 1282 Mississippi Street and 6490 Central Avenue N.E. (V11ard �) ...... 53 - 66 ✓j c,J'�„'(�S 29 3 • � RD 4.t.1 �-/� _ � ( �G� �a�..l .�.� 14. Special Use Permit Request, S#06-01, by RSP Architects for TotinaGrace High School, to Allow an Existing Private Sch ol to Exist as a Special Use in an R-1, Single F mily Zoning District, Generally Located at 13 0 Gardena Avenue N.E. ard 2) ............ ...... 67 - 74 �; S '� ; �'�= -h�_ � b s-. �� WJs�vs � C, ��1� �/�� 15. Variance Request, VAR #06-04, by RSP Architects for Totino-Grace High School, to Increase the Height of a Portion of the Schoot Building from 30 Feet to 48 Feet for the Renovation of the School Auditorium, Generally Located at 1350 Gardena Avenue N.E. (1lVard 2) ................................... 75 - 9 u,� s�,��. � � � ��/� 16. Variance Request, VAR #06-02, by Bruce Odlaug, for the Rice Creek Townhomes, to Reduce the Side Yard Setback from 15 Feet to 13.2 Feet to Recognize� an Existing Non-Conforming Setback, Generally Located at 1560 — 69'h Avenue N.E. ard 2) . ................................. 92 - 97 � �,�� v , `, :�s A�i w� 1 �a� ��u� 'S ``�J � _ � � � s-i,c.,b �'�' IQ-�o - �1►+�a' S ' � s�j� �l-1 � �a �h` �� P � � s % s u,b � �` ��; S �/ � g�� (_ �� (' Q,c�..�e �� ,�� % ��'l ( 1�'.\�PY✓' �, ��1 � � ��P � �.��/_� � `�' �� `' o-�" ; �,,p� �' � � � '�' + �l a� �° �� . ,� � � � � � �� n,�r� � � (� -�" a�`'� �� ,.� � � � � , 2 � � �"" � � � �� ) �I� � / �- %/ � `I �) �� CITY COUNCIL MEETING OF JANUARY 23, 2006 CffY OF FRIDLEI' The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of January 9, 2006 OLD BUSINESS: Second Reading of an Ordinance Amending Chapter 205.04 of the Fridley City Code Pertaining to General Provisions (Text Amendment, TA #05-06, by the City of Fridley) ..................................... 1- 4 2. Second Reading of an Ordinance Amending Chapter 110 of the Fridley City Code Pertaining to Water Quality (Text Amendment, TA #05-07, by the City of Fridley) ..................................... 5- 7 3. First Reading of an Ordinance Amending Chapter 603 of the Fridley City Code Pertaining to Food Sales (Tabled December5, 2005) ......................................................................................... 8- 9 FRIDLEY CITY COUNCIL MEETING OF JANUARY 23, 2006 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: 4. Resolution Requesting Municipal State Aid System Construction Funds for Other Local Use ......................................................... 10 - 12 5. Resolution in Support of an Application for a Minnesota Lawful Gambling Premise Permit Application for Twin Cities North Chamber of Commerce for Billiard Street Cafe Located at 7178 University Avenue N.E. (Ward 3) .......................................................... 13 - 14 6. Approve Agreement for Legal Services Between the City of Fridley and Knaak & Kantrud, P.A . ................................................ 15 - 20 7. Claims ....................................................................................................... 21 8. Licenses ....................................................................................................... 22 - 23 ADOPTION OF AGENDA. OPEN FORUM (VISITORS): Consideration of Items not on Agenda — 15 Minutes FRIDLEY CITY COUNCIL MEETING OF JANUARY 23, 2006 PAGE 3 PUBLIC HEARING: 9. Consideration of an On-Sale Intoxicating Liquor License Application of Michael J. White of White Owl Ventures, LLC, d/b/a Main Event Restaurant, Generally Located at 7820 University Avenue N.E. (Ward 3) ....................................................................................................... 24 - 25 NEW BUSINESS: 10. First Reading of an Ordinance Amending the Fridley Municipal Code Pertaining to the Late Night Endorsement of On-Sale Liquor License ............................................... 26 - 29 11. First Reading of an Ordinance Creating Chapter 205.32 0-7 of the Fridley City Code Pertaining to Shoreland Overlay District ......................................................... 30 - 46 12. Resolution Approving a Plat, P.S. #03-08, Town Center, by Town Center Development, for the Purpose of Creating Two New Parcels from 1282 Mississippi Street, 6490 Central Avenue and the Vacant Lot South of Sandee's Restaurant (Ward 2) ....................................................................................... 47 - 52 13. Approve Development Agreement between the City of Fridley and Town Center Development, Pursuant to Final Plat, P.S. #03-08, Generally Located at 1282 Mississippi Street and 6490 Central Avenue N. E. (Ward 2) ....................................................................... 53 - 66 14. Special Use Permit Request, SP #06-01, by RSP Architects for Totino-Grace High School, to Allow an Existing Private School to Exist as a Special Use in an R-1, Single Family Zoning District, Generally Located at 1350 Gardena Avenue N. E. (Ward 2) .................................................................................... 67 - 74 FRIDLEY CITY COUNCIL MEETING OF JANUARY 23, 2006 PAGE 4 NEW BUSINESS (CONTINUED): 15. Variance Request, VAR #06-01, by RSP Architects for Totino-Grace High School, to Increase the Height of a Portion of the School Building from 30 Feet to 48 Feet for the Renovation of the School Auditorium, Generally Located at 1350 Gardena Avenue N. E. (Ward 2) ....................................................................................................... 75 - 91 16. Variance Request, VAR #06-02, by Bruce Odlaug, for the Rice Creek Townhomes, to Reduce the Side Yard Setback from 15 Feet to 13.2 Feet to Recognize an Existing Non-Conforming Setback, Generally Located at 1560 — 69t" Avenue N. E. (Ward 2) ................................................ 92 - 97 17. Resolution by the City of Fridley Supporting the Statutory Referendum Requirement for any County-Wide Sales Tax that may be Levied for a Vikings Stadium in Anoka County ............................................... 98 - 99 18. Informal Status Report .................................................................................... 100 ADJOURN. CITY COUNCIL MEETING CITY OF FRIDLEY JANUARY 9, 2006 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:37 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 Wolfe Councilmember Bolkcom OTHERS PRESENT: William Burns, City Manager Fritz Knaak, City Attorney Scott Hickok, Community Development Director Jon Haukaas, Director of Public Works Julie Jones, Planning Coordinator Rachel Harris, Environmental Planner PRESENTATION: Dr. Don Helmstetter, Superintendent of Independent School District No. 16 APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of December 5, 2005 City Council Meeting of December 12, 2005 APPROVED. NEW BUSINESS: 1. First Reading of an Ordinance Amending Chapter 205 of the Fridley City Code Pertaining to Curbing and Drainage Requirements (Text Amendment, TA #05-05), by the City of Fridley. FRIDLEY CITY COUNCIL MEETING OF JANUARY 9, 2006 PAGE 2 William Burns, City Manager, stated this is one of several legislative proposals resulting from the City's promise to analyze its city codes regarding surface water runoff at the time we applied for the Clean Water Partnership money for the Springbrook Watershed District in 2002. This amendment would allow the City to exempt curbing in situations where proj ects include approved features such as rain gardens and natural swales. The public hearing for this item was held on December 12. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 2. First Reading of an Ordinance Amending Chapter 205.04 of the Fridley City Code Pertaining to General Provisions (Text Amendment, TA #05-06, by the City of Fridley). William Burns, City Manager, stated this item makes changes to the zoning code requiring non- conforming uses. It changes the code to align with State statutes. The change allows the reconstruction of non-conforming uses as long as the replacement structures do not expand the boundaries of the structures they are replacing. Previously, these non-conforming structures could not be rebuilt if more than 50 percent of the structure had been destroyed by fire or some other disaster. Staff recommends Council's approval. WAIVED THE READING OF THE ORDINANCE AND APPROVED THE ORDINANCE ON FIRST READING. 3. Receive the Minutes of the Planning Commission Meeting of December 21, 2005. RECEIVED. 4. Approve Development Agreement Between the City of Fridley and Target Corporation, Pursuant to Final Plat, PS #05-04 (Olivia Grove), to Subdivide the Current Target Property to Allow Construction of a Free-Standing PETCO and a New Super Target Facility, Generally Located at 753 and 755 — 53rd Avenue N.E. (Ward 1). William Burns, City Manager, stated this Agreement was promised by Target at the time Council approved their final plat on December 12. The Development Agreement is designed to memorialize the details of developer responsibilities for site improvements, erosion control, and a host of other development details. Staff is recommending Council's approval. APPROVED. 5. Special Use Permit Request, SP #05-05, by Crosstown Signs, to Allow the Installation of an Electronic Changeable Sign at CVS Pharmacy, Generally Located at 5696 University Avenue N.E. (Ward 3). FRIDLEY CITY COUNCIL MEETING OF JANUARY 9, 2006 PAGE 3 William Burns, City Manager, stated CVS is installing two detached signs in conjunction with their new store. Both signs are within the legal requirements of our Code. The 42-square foot sign on the northeast corner of the site will have 19 square feet devoted to changeable electronic messages. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 6. Approve Contract Amendment Between the City of Fridley and Short Elliott Hendrickson Inc. for Design Services on the 2006 Street Improvement Project. William Burns, City Maanger, stated staff is requesting an additional $16,801 to cover the cost of extra engineering services for two additional streets and the raising of light poles at Community Park Staff recommends Council's approval. APPROVED. 7. Resolution Ordering Final Plans and Specifications and Estimates of Costs Thereof: Neighborhood Street Improvement Project No. ST. 2006-01. ADOPTED RESOLUTION NO. 2006-01. 8. Resolution Authorizing an Agreement for the Replacement of the Traffic Control System on University Avenue (TH 47) and Osborne Road (Wards 1 and 3). William Burns, City Manager, stated this resolution authorizes an agreement with MnDOT for the replacement of traffic signals at University Avenue and Osborne Road. The resolution establishes the scope of the work and the sharing of the costs. The work includes signal replacement, replacement of emergency vehicle pre-emption equipment, and the installation of internally eliminated street name signs. Fridley's share of the cost of this work is $11,232. The City's portion will come from its State aid funds and will not impact funds available for neighborhood street reconstruction. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2006-02. 9. Resolution Revising the County State Aid Highway System (Ward 3). William Burns, City Manager, stated this resolution revises the County's list of streets on the State Aid Highway System. The County is adding a section of Main Street between 44th and 57th Avenues and a portion of 57th Avenue between Main Street and University Avenue to their list of State Aid Highways. Although the changes make little difference for the City of Fridley, State law requires the City to approve the change. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. FRIDLEY CITY COUNCIL MEETING OF JANUARY 9, 2006 PAGE 4 10. Resolution Imposing Load Limits on Public Streets in the City of Fridley, Minnesota. ADOPTED RESOLUTION NO. 2006-04. 11. Resolution Designating Official Depositories for the City of Fridley. William Burns, City Manager, stated in view of the good service and reasonable fees, staff recommends we continue to use Wells Fargo as the City's official depository. ADOPTED RESOLUTION NO. 2006-05. 12. Resolution Designating an Official Newspaper for the Year 2006. William Burns, City Manager, stated staff is recommending Focus News be designated as the primary official newspaper and the Minneapolis Star and Tribune be designated as the secondary official newspaper. ADOPTED RESOLUTION NO. 2006-06. 13. Resolution Authorizing a Change in Mileage Reimbursement Rates for the 2006 Calendar Year. William Burns, City Manager, stated in conjunction with changes in the IRS reimbursement rates, staff recommends the City's mileage reimbursement rate be decreased from 48 '/z cents per mile to 44 '/z cents per mile for the year 2006. ADOPTED RESOLUTION NO. 2006-07. 14. Resolution in Support of an Application for a Minnesota Lawful Gambling Premise Permit Application for DeLaSalle High School (Broadway Bar & Pizza, 8298 University Avenue N.E.) (Ward 3). William Burns, City Manager, stated this is a renewal of a pull-tab permit at Broadway Bar & Pizza. If approved, the permit will be valid from February 1, 2006, to January 31, 2008. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2006-08. 15. Resolution Approving and Authorizing Signing an Agreement for Police Sergeants of the City of Fridley Police Department for the Years 2006 and 2007. William W. Burns, City Manager, stated other than wages there are no significant changes. The new contract provides for a 3 percent COLA adjustment for both 2006 and 2007. It additionally provides for a$50 a month market rate adjustment for the year 2007. Staff recommends Council's approval. FRIDLEY CITY COUNCIL MEETING OF JANUARY 9, 2006 PAGE 5 ADOPTED RESOLUTION NO. 2006-09. 16. Approve 2006 Animal Control Contract Between the City of Fridley and Brighton Veterinary Hospital. William Burns, City Manager, stated this is the same as the contract for 2005. It provides for animal shelter services at a cost of $1,300 a month. Staff recommends Council's approval. APPROVED. 17. Motion to Authorize the Fridley Senior Companion Program to Apply for CDBG Funding for the Period July 2006, through December, 2007. William Burns, City Manager, stated we are jointly applying for this money with the City of Coon Rapids. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 18. Approve Amended Minutes from the Fridley City Council Meeting of November 21, 2005. William Burns, City Manager, stated the vacation request by Blue Print Homes was inadvertently recorded as a motion rather than a resolution. APPROVED. 19. Approve 2006 City Council and Staff Appointments. William Burns, City Manager, stated the appointments include the designation of Councilmember Barnette to continue as Mayor Pro Tem. APPROVED. 20. Approve Appointments to City Commissions. William Burns, City Manager, stated staff recommends the following appointments: Ellard Briesemeister to the Appeals Commission, Martina Nelson to the Environmental Quality and Energy Commission, and Michael Heintz to the Parks and Recreation Commission. These individuals were selected as a result of interviews with Council on December 12, 2005. The Appeals and EQEC terms will expire April 1, 2009. The Parks and Recreation Commission term is a completion of a previous term that expires April 1, 2007. APPROVED. FRIDLEY CITY COUNCIL MEETING OF JANUARY 9, 2006 PAGE 6 21. Appointment — City Employee William Burns, City Manager, stated staff recommends the following appointment: Robert Jarrett to the patrol officer recently vacated by Joseph Gerhard. APPROVED. 22. Claims (124666 - 125018). APPROVED. 23. Licenses. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. ADOPTION OF AGENDA: Councilmember Bolkcom requested that Items 5, 9, and 17 be removed and placed on the regular agenda. Councilmember Billings requested that Item 1 be removed and placed on the regular agenda. MOTION by Councilmember Barnette to approve the consent agenda as presented with the removal of Items 1, 5, 9, and 17. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF THE AGENDA: MOTION by Councilmember Bolkcom to approve the agenda with the addition of Items 1, 5, 9 and 17. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORM (VISITORS): No items presented. NEW BUSINESS: 24. First Reading of an Ordinance Amending Chapter 110 of the Fridley City Code Pertaining to Water Quality (Text Amendment, TA #05-07, by the City of Fridley). FRIDLEY CITY COUNCIL MEETING OF JANUARY 9, 2006 PAGE 7 Rachel Harris, Environmental Planner, stated there are three topics that prompted the review of the public nuisance Code: (1) the commitment in the CWP grant application to analyze codes related to water quality, (2) federal and state NPDES rules require cities to take steps to prevent non-point source pollution; and (3) improvement of the chances of obtaining flexibility on DNR standards for a shoreland ordinance. This ordinance has been reviewed by the Education Subcommittee of the Springbrook Watershed CWP project, the Fridley Planning and Engineering staff, and the Fridley Environmental Quality and Energy Commission. Out of those discussions came two proposed additions to Chapter 110. First, to make dumping of hazardous materials a public nuisance. Second, to make feeding waterfowl a public nuisance. During commission review, the Planning Commission held a public hearing for the text amendments. The Planning Commission unanimously approved the text amendment on November 2, 2005. Upon Council review, the public hearing of the ordinance was held at the December 12, 2005, City Council meeting. Council suggested adding the term "granular" to the list of hazardous materials. Staff responded by adding reference to the State Statute, Section 116.06, Subd. 11, Hazardous Waste, a definition which includes solid, semi-solid, liquid, and gaseous material. Additionally Council suggested removing a reference to feeding waterfowl on your own or someone else's property. To this staff has amended the text to refer only to public parks and land. However, it is important to note that whenever an act of feeding waterfowl on private property permits a condition that unreasonably annoys your neighbors, this act is already considered a public nuisance. Staff does concur with the Planning Commission and recommends approval of the first reading of this ordinance. The second reading is tentatively scheduled for the January 23, 2006, City Council meeting. Julie Jones, Planning Coordinator, stated during the public hearing on this item there was some discussion and interest by the City Council in phasing the waterfowl feeding prohibition requirement in over a period of time. Staff was not clear whether there was a consensus by Council on that so they did not incorporate that into the language. Staff is prepared to add language to make that work. Councilmember Bolkcom stated she was surprised to see this on the agenda tonight as she thought this would be discussed at a conference meeting. She asked what a public nuisance was and what would happen. Ms. Harris replied it is a misdemeanor and it is something that they would address either through police work or code enforcement. Mayor Lund stated they removed the stipulation about private land but they also said it could be considered a public nuisance on private property if they get complaints from surrounding neighbors. Ms. Harris said the clause is already in existence. Feeding waterfowl on private land is a public nuisance if it bothers the neighbors. Councilmember Bolkcom asked where it was in the City Code. Ms. Jones replied Chapter 110 of the City Code. FRIDLEY CITY COUNCIL MEETING OF JANUARY 9, 2006 PAGE 8 Councilmember Wolfe stated he was surprised this was on tonight because they had so many questions the last time. He thought it would be nice to discuss it. Scott Hickok, Community Development Director, stated Chapter 110 already exists and it mimics the State statute as it relates to public nuisance. Councilmember Wolfe asked about cutting grass. He has been told they cannot do anything about it unless you can see it from the right-of-way. He asked if it could be enforced if it could not be seen from the right-of-way. Fritz Knaak, City Attorney, stated a public nuisance is one of the more difficult things to enforce because very often it seems difficult to define. It is always the fundamental premise that people have the right to enj oy their private property and have a right within reason to do whatever they want on their property. The nuisance clause is designed to prevent what you do on your property from harming someone else. Feeding birds by itself is innocuous enough but if it attracts rodents or if the high grass suddenly attracts a lot of rodents which could be a health hazard, that would be a public nuisance. "Reasonableness" is the key word here. It is probably not a nuisance for an individual to feed geese on her own property. If, on the other hand, there is a truckful of corn and you are dealing with hundreds of geese, you could have a health hazard. Councilmember Barnette stated he hated to see them pass any ordinance that they cannot enforce. William Burns, City Manager, stated this is a tool that they can use on public property when someone is repeatedly feeding geese. If he or she refused to cooperate with requests, a citation could be issued. Mayor Lund asked Councilmember Barnette if he had received any comments from the public. Councilmember Barnette stated he had. He spoke with one person who was very concerned with the Avian Flu. He had a couple of other people call who said the City could not stop them from feeding geese at Moore Lake. Mayor Lund stated he has received some comments from people. He asked staff whether there are other communities that have the same or similar ordinances relating to not feeding waterfowl. Ms. Harris replied, yes. She has information from Jim Cooper who is a professor of the University of Minnesota, Department of Fisheries and Wildlife. He works with the Community Canadian Goose Removal Program with the City of Fridley. Mr. Cooper indicated that Edina, Burnsville, Orono, New Brighton, and West St. Paul are cities that waterfowl feeding bans. He said ban sends an important message to the public. Dried-up bagels and Oreo cookies are not natural food for waterfowl. They need to eat plant food, and they should be migrating. Councilmember Billings said at the public hearing there was a comment made that it is highly unlikely that our police officers would be ticketing people. They would probably warn people and if they continually violated it, they might get ticketed. He said it comes down to the simple FRIDLEY CITY COUNCIL MEETING OF JANUARY 9, 2006 PAGE 9 fact that, if you do not want to enforce the law, you do not pass the law. He has no problem with Section 6, but he does not think the time is right for Section 7. MOTION by Councilmember Billings to amend the ordinance by removing Section 7 and renumbering Section 8 as Section 7. Seconded by Councilmember Barnette. UPON A VOICE VOTE, COUNCILMEMBER BARNETTE, COUNCILMEMBER BILLINGS, COUNCILMEMBER WOLFE AND COUNCILMEMBER BOLKCOM VOTING AYE, AND MAYOR LUND VOTING NAY, THE MAYOR DECLARED THE MOTION CARRIED ON A 4 TO 1 VOTE. MOTION by Councilmember Billings to waive the reading of the ordinance and adopt the ordinance as amended on first reading. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, COUNCILMEMBER BARNETTE, COUNCILMEMBER BILLINGS, COUNCILMEMBER WOLFE AND COUNCILMEMBER BOLKCOM VOTING AYE, AND MAYOR LUND VOTING NAY, THE MAYOR DECLARED THE MOTION CARRIED ON A 4 TO 1 VOTE. 25. First Reading of an Ordinance Repealing Chapter 208 of the Fridley City Code Pertaining to Stormwater Management and Erosion Control (Text Amendment, TA #05-10, by the City of Fridley). Jon Haukaas, Director of Public Works, stated the purpose of this ordinance is to control or eliminate stormwater pollution along with soil erosion and sedimentation in the City of Fridley. It establishes standards and specifications for construction practices and planning activities which minimize stormwater pollution, soil erosion, and sedimentation. The public hearing for this was held on December 12, 2005. This eliminates the existing Chapter 208, Erosion Control, and adds language for stormwater management. Changes have been made to the proposed ordinance as presented on December 12, 2005, based on input received that night. No additional input or comments were received to date on that ordinance. The language regarding bumper strips has been eliminated from this ordinance and can be evaluated and addressed or not under the landscape maintenance ordinance. They looked at the wording regarding sweeping prior to weekends or holidays. They reworded that to read the developer must only sweep if sediment is present. They also changed the requirement to drain all roof gutters to a pervious area to making that only when practical. No land may be altered resulting in runoff causing erosion, flooding or deposits on adjacent properties. You cannot redesign such that it impacts your neighbors. The grading plan must provide details of volume of excess runoff, how much more is going to be coming off your property because of new impervious. The sit must be graded to the nearest storm structure or waterway. The new proposed ordinance is something that has essentially been enforced because of federal mandates over the years. This ordinance puts it in writing and matches what is being done across the metro, the state and even the nation. He made the suggested changes and sent a memorandum to Council for additional input. Staff felt they met the concerns of Council. FRIDLEY CITY COUNCIL MEETING OF JANUARY 9, 2006 PAGE 10 Mayor Lund relayed a comment by a business owner in Fridley stating that at their existing facility none of their gutters drain to a pervious surface and there is asphalt or concrete around the entire building. He said could they create the slope of the parking as it exists today, hoping it goes to some swale, retention pond or something of that nature. Mr. Haukaas replied, yes, that is essentially what it is. They need to at least consider that in their design or redesign. There are so many different situations that are going to come up in every project, there is no way to list them out. This says you have to at least look at it. Mayor Lund asked what is considered reasonable. Mr. Haukaas stated there has to be some consideration that water goes to a pervious surface if practical. When there is an opportunity, they have to consider it. Councilmember Bolkcom stated she thought there might have been people at the meeting if they realized this ordinance was going to be before them. At the last meeting, Councilmember Billings mentioned if he is reproofing his house he would need to have his gutters run into his lawn. Mr. Haukaas said ordinance talks about redevelopment and actually has acreage limits. Councilmember Billings' house is not at least one acre. So it really would not apply. This is more for the larger, commercial developments. On the typical residential house, it does not apply. There are other portions where that is going to be looked at. They would ask in a residential redevelopment to consider it if there is an opportunity to do it. Councilmember Billings explained in his situation and it was not practical. Councilmember Bolkcom asked why there were so many ordinances at the last meeting. Mr. Haukaas replied the business owners do know about this. As far as so many ordinances coming at them all at once, a lot of them are related. There is no urgency other than the fact that they are long overdue. If there is more information needed, please ask them. William Burns, City Manager, asked if the downspout issue was really part of the buffer strip ordinance. Mr. Haukaas said it was not discussed under this ordinance. Dr. Burns stated that particular ordinance requiring a 20-foot buffer and requiring downspouts being directed towards pervious surfaces is not on this agenda and there are no plans to bring it back on this agenda, at least not in the immediate future. What they are dealing with are the development standards for stormwater or erosion control purposes that essentially have been informal standards for quite a long time. Mayor Lund asked at what point did the NPDES requirements come into play. FRIDLEY CITY COUNCIL MEETING OF JANUARY 9, 2006 PAGE 11 Mr. Haukaas replied there have been standards in place for developments in excess of 5 acres for some time. Those standards have been lowered to 1-acre of disturbance. This proposed ordinance would catch us up to that. Councilmember Bolkcom asked so if she wants to do retaining walls in her backyard, that is considered a minor disturbance. Mr. Haukaas replied, correct. That is a minor land disturbing activity. There are other permits in place in the City of Fridley for some of those maj or ones. Some people can do a retainer wall with a shovel and a wheelbarrow. They consider that minor landscaping. It becomes a major project when you have a contractor and you are spending $50,000 on retaining wall stone. That does require a land alteration permit but unless you were disturbing more than an acre of land, you would not need the stormwater pollution control plan. Councilmember Bolkcom asked about the reference to sweeping sediment from the streets. It states streets must be cleaned and swept whenever tracking of sediment occurs. Sediment shall not be allowed to remain on the street if the site is to be left idle for weekends or holidays. So if for example the Fourth of July falls on a Tuesday, they have to sweep it up before the Fourth of July. Mr. Haukaas replied that is correct. If they are working on Monday and there is dirt all over the street and down the block, they must clean it up before the end of the day before they leave it idle on the next day. Councilmember Bolkcom asked if it does not say that to begin with. She asked what that had to do with a holiday. Mr. Haukaas replied they will often have situations where they will say, well, we are just off for one day. We will take care of it at the end of the week The City is saying, no, that is not acceptable. There has to be some intermediate cleanup dates. Holidays are very visible times when the City gets complaints from residents. MOTION by Councilmember Barnette to waive the reading of the ordinance and approve the ordinance on first reading. Seconded by Councilmember Billings. UPON A VOICE VOTE, MAYOR LUND, COUNCILMEMBER BARNETTE AND COUNCILMEMBER BILLINGS VOTING AYE, AND COUNCILMEMBER WOLFE AND COUNCILMEMBER BOLKCOM VOTING NAY, MAYOR LUND DECLARED THE MOTION CARRIED ON A 3 TO 2 VOTE. 5. Special Use Permit Request, SP #05-05, by Crosstown Signs, to Allow the Installation of an Electronic Changeable Sign at CVS Pharmacy, Generally Located at 5696 University Avenue N.E. (Ward 3). Councilmember Bolkcom stated she received an e-mail from an individual who lives in this immediate neighborhood who was concerned about the distraction of a changing sign. She also FRIDLEY CITY COUNCIL MEETING OF JANUARY 9, 2006 PAGE 12 said there was a broken pole or something in this intersection and said it was a very busy intersections. She wanted to relate the citizen's comments and get any information she could. Julie Jones, Planner, said they recently approved a special use permit for a changeable electronic sign at the Holiday gas station on this same block She thought they would be in some legal trouble if they said traffic was bad at this site but not the one at the other end of the block. Councilmember Bolkcom stated she disagreed. This is an intersection where there is a lot of traffic. The Holiday station is not in the intersection. There is a lot of distraction on this corner because of all the activity in and out. Ms. Jones stated she would agree but her point is that a traffic count is not a condition in the City Code to get a special use permit. Councilmember Bolkcom stated but they can deny a permit for health and safety issues. Scott Hickok, Community Development Director, stated the City Code does have the provisions and allows the changeable message centers in this commercial district. Although he understands the neighbor's concerns, there is nothing extraordinary about their request. It is set back a proper distance from their property lines. It is a size that is really by comparison quite a bit smaller than a lot of the changeable boards or message centers that they have seen. There cannot be any feature about a changeable sign that in any way distracts from the safety at that intersection. So anything that would flash or chase or somehow move or have the appearance of moving would not be permitted there. That really brings you back to the protection they have built in by not allowing the message to change more than every 45 seconds. From their review this sign meets all the criteria. Councilmember Bolkcom asked Mr. Hickok so he is saying it is far enough back so it is not a huge distraction for the traffic light? Mr. Hickok replied, yes, that is correct. Councilmember Billings asked if the City Code was changed from 45 seconds to 15 or 30 seconds, would the requirement for this sign also changed. Mr. Hickok replied the intent was to have it match the requirement or basically reiterate what the Code standard is. MOTION by Councilmember Billings to amend Stipulation No. 2 by striking the words "once every 45 seconds" and inserting "authorized under Section 214.07 of the Fridley City Code." Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF JANUARY 9, 2006 PAGE 13 MOTION by Councilmember Bolkcom to approve Special Use Permit Request, SP #OS-O5, by Crosstown Signs with the following four stipulations: 1. Petitioner shall obtain sign permit and current sign erector license prior to installing any signage on site. 2. Message on L.E.D. section of sign shall not change more often than authorized under Section 214.07 of the Fridley City Code. 3. Message on L.E.D. section of sign shall never flash or have motion that may distract vehicular traffic in the area. 4. All free-standing signs shall be 10 feet from any property line or driveway. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 9. Resolution Revising the County State Aid Highway System (Ward 3). Councilmember Bolkcom asked if once a road becomes state aid, can Anoka County regulate the speed limit on this road. Mr. Haukaas replied they can. Councilmember Bolkcom stated she is concerned about the County changing the speed limit. Mr. Haukaas replied the County's control of that does not change at all. It is currently a county road. So it is just changing from a standard county road designation to county state aid highway designation. The only real change is their source of funding to do any proj ects on it. Their level of control of the speed limit does not change. MOTION by Councilmember Bolkcom to adopt Resolution No. 2006-03. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY 17. Motion to Authorize the Fridley Senior Companion Program to Apply for CDBG Funding for the Period July 2006, Through December 2007. Councilmember Bolkcom said it states that we have to show that we are going to have an increase in our program growth. She asked if staff felt comfortable that we will show an increase. William Burns, City Manager, stated this is approximately the same amount of money we have requested in previous years, and he is assuming there will be a growth there to match the money. FRIDLEY CITY COUNCIL MEETING OF JANUARY 9, 2006 PAGE 14 Councilmember Bolkcom asked if there had been growth from year to year. Dr. Burns said he did not know. Councilmember Bolkcom asked the City Manager to e-mail Council a response to her question. MOTION by Councilmember Bolkcom to authorize the Fridley Senior Companion Program to apply for CDBG funding for the period July, 2006, through December, 2007. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY 1. First Reading of an Ordinance Amending Chapter 205 of the Fridley City Code Pertaining to Curbing and Drainage Requirements (Text Amendment, TA #05-05), by the City of Fridley. MOTION by Councilmember Billings to waive the reading and adopt the ordinance on first reading. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 26. Informal Status Reports. Dr. Burns stated William Morris from Decision Resources will present the results of the citizens' survey on January 23. Mayor Lund said WinterFest will be held on Saturday, January 28. ADJOURN: MOTION by Councilmember Barnette, seconded by Councilmember Wolfe, to adjourn. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MEETING ADJOURNED AT 9:33 P.M. Respectfully submitted by, Denise M. Johnson Scott J. Lund Recording Secretary Mayor � � CffY OF FRIDLEY Date: To: From: Subject: AGENDA ITEM CITY COUNCIL MEETING OF JANUARY 23, 2006 January 18, 2006 Wlliam Burns, City Manager Scott Hickok, Community Development Director Julie Jones, Planning Coordinator Rachel Harris, Environmental Planner An Ordinance for Text Amendment #05-06. Second Reading to Amend Zoning Code Ch. 205.04 Pertaining to Nonconforming Uses and Structures M-06-17 INTRODUCTION The Council held the first reading of an ordinance at the January 9, 2006, City Council meeting for the approval of the proposed text amendment TA #05-06, to bring Fridley's Zoning Code related to nonconforming uses and structures into compliance with the State Statutes. Since staff is recommending adoption of a Shoreland Overlay District, which contains reference to legal nonconforming structures, it is important for the City to amend the Zoning Code to match the language in State Statute. The attached draft ordinance actually incorporates much of the State Statute language into the City Code. The outcome of the first reading moved forward the text amendment as presented. Council suggested no changes to the proposed text amendment TA #05-06. PAST COUNCIL ACTION On January 9, 2006, the City Council held the first reading for TA #05-06 at the Council meeting. On December 12, 2005, the City Council held a public hearing regarding TA #05-06. PLANNING COMMISSION RECOMMENDATION At the November 2, 2005, Planning Commission meeting, a public hearing was held for TA #05-06. No one appeared to testify to this matter at the public hearing. After a brief discussion, the Planning Commission recommended approval of text amendment request, TA #05-06. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMENDATION Staff recommends approval of the proposed text amendment TA #05-06, to bring Fridley's Zoning Codes related to nonconforming uses and structures into compliance with the State Statutes, following the second reading at the January 23, 2006, City Council meeting. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 205.04 OF THE FRIDLEY CITY CODE PERTAINING TO GENERAL PROVISIONS 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: Section 1: That Section 205.04.1.0 of the Fridley City Code be hereby amended as follows: 205.04. GENERAL PROVISION 1. DECLARATION OF POLICY C. No structure shall be erected, converted, enlarged, reconstructed or altered, and no structure or land shall be used for any purpose or in any manner which is not in conformity with the provisions of this � Code. Section 2: That Section 205.04.3 of the Fridley City Code be hereby amended as follows: 205.04. GENERAL PROVISION 3. NONCONFORMING USES AND STRUCTURES . . �� .. .� r.��.��:�ae� . �� I� ! . I. � � liii77�7�l1l�fE!!'l'ISZfl.T.lT�l� . El7:l�f�.El�.�:'lT�:EYl��:l.E I_ . . i. i_ . �,,.,�.,,,.:.:..,..:..�:-;,:-:. - . Anv noncomformitv, includin� the lawful use or occupation of land or premises existing at the time of the adoption of an additional control under this chapter, may be continued, includin� throu�h repair, replacement, restoration, maintenance, or improvement, but not includin� expansion, unless: A. The nonconformity or occupancy is discontinued for a period of more than one .�� B. Any nonconformin� use is destro.�y fire or other peril to the extent of �reater than 50 percent of its market value, and no buildin� permit has been a�plied for within 180 da.�� when the property is dama�ed. In this case, the City ma.�pose reasonable conditions upon a buildin� permit in order to miti�ate an.�y created impact on adj acent propert� �C. The provisions herein for the continuance of nonconforming uses shall not prevent or interfere with action that may be taken to abate any nuisance in any manner provided by law. �D. Any structure or any portion of a structure which is situated unlawfully within a public street or alley or other public way or thoroughfare, is hereby declared to be a nonconforming use, whether or not its use is otherwise in conformity with the regulations of the district in which said structure is located. Any such structure shall be subject to any and all applicable regulations herein for nonconforming uses except in the event the City Council shall require removal of the structure or portion thereof for a public purpose in which case such requirement shall prevail. �E. The provisions of this Chapter shall pertain to all lawful nonconforming uses or structures as applicable and specifically to the performance standards outlined in the established districts. Section 3: That Section 204.04.4.L(4) of the Fridley City Code be hereby amended as follows: 205.04. GENERAL PROVISION 4. BUILDING SITE (Ref. 1010) I. No land shall be altered and no use shall be permitted that results in water run-off causing flooding, erosion or deposits of minerals on adjacent properties. The following standards shall be implemented: (4) A� stormwater pollution control plan and time schedule shall be submitted in accordance with Chapter 208, Stormwater Mana�ement and Erosion Control. Section 4: That Section 205.04.7.D.(2) of the Fridley City Code be hereby amended as follows: 205.04. GENERAL PROVISION 7. ENVIRONMENTAL QUALITY D. Erosion (2) The City may review any development plan to ensure that erosion and sedimentation shall be effectively controlled in accordance with Chapter 208, Stormwater Mana�ement and Erosion Control. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 23rd DAY OF JANUARY 2006. SCOTT J. LUND, MAYOR ATTEST: DEBRA A. SKOGEN, CITY CLERK Public Hearing: December 12, 2005 First Reading: January 9, 2006 Second Reading: January 23, 2006 Publication: February 2, 2006 � � CffY OF FRIDLEY Date: To: From: Subject: AGENDA ITEM CITY COUNCIL MEETING OF JANUARY 23, 2006 January 12, 2006 Wlliam Burns, City Manager Scott Hickok, Community Development Director Julie Jones, Planning Coordinator Rachel Harris, Environmental Planner An Ordinance for Text Amendment #05-07. Second Reading to Amend Chapter 110 to Include Hazardous Material Dumping As a Public Nuisance M-06-12 INTRODUCTION On January 9, 2006, the City Council held the first reading regarding the amendment of Chapter 110 to include hazardous material dumping and waterfowl feeding as public nuisances. The outcome of the first reading moved forward the section regarding hazardous material dumping as a public nuisance and declined to move forward the section regarding feeding waterfowl on public parks and lands as a public nuisance. Staff has incorporated the Council's suggested change into the attached proposed text amendment. PAST COUNCIL ACTION On December 12, 2005, the City Council held a public hearing regarding TA #05-07. On January 9, 2006, the City Council held the first reading for TA #05-07 at the Council meeting. PLANNING COMMISSION RECOMMENDATION At the November 2, 2005, Planning Commission meeting, a public hearing was held for TA #05-07. After a brief discussion, the Planning Commission recommended approval of text amendment request, TA #05-07. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMENDATION City Staff recommends the Council hold the second reading of an ordinance for the approval of the proposed text amendment TA #05-07 at the January 23, 2006, City Council meeting. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 110 OF THE FRIDLEY CITY CODE PERTAINING TO WATER QUALITY 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: 110. PUBLIC NUISANCE 110.02. PUBLIC NUISANCE DEFINED Whoever, by an act or failure to perform a legal duty, intentionally does any of the following is guilty of maintaining a public nuisance, which is a misdemeanor: L Maintains or permits a condition that unreasonably annoys, injures or endangers the safety, health, comfort, or repose of any considerable number of inembers of the public. 2. Interferes with, obstructs, or renders dangerous for passage any public highway or right-of-way, or waters used by the public. 3. Causes obstruction or excavation affecting the ordinary use by the public of streets, alleys, sidewalks, or public grounds except under such conditions as are permitted by this Code or other applicable law. 4. Causes any well hole or similar excavation to be left uncovered or in such other condition as to constitute a hazard to any child or other person coming on the premises where it is located. 5. Accumulates in the open discarded or disused machinery, household appliances and furnishings, or other materials; or stores in the open machinery, equipment, cars, or materials not in normal use on the premises where stored, in a manner conducive to the harboring of rats, mice, snakes, or vermin, or to fire, health or safety hazards from such accumulations, or from the rank growth of vegetation among the items so accumulated. 6. Deposits or causes placement of hazardous material in a manner that causes those materials to drain into a storm sewer drain or waterway as defined in Section 105.02.7 of this code or any other unpaved �round surface within the City. Hazardous material shall include, but not be limited to, paints, solvents, oil, automotive fluids or any other �� hazardous wastes as defined in State Statute 116.06 Subdivision 11. ;, :.;- — o-�o — 7.� Is guilty of any other act or omission declared by law to be a public nuisance and for which no sentence is specifically provided. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 23rd DAY OF FEBRUARY 2006. SCOTT J. LUND, MAYOR ATTEST: DEBRA A. SKOGEN, CITY CLERK Public Hearing: December 12, 2005 First Reading: January 9, 2006 Second Reading: January 23, 2006 Published: February 2, 2006 � � CffY OF FRIDLEI' To: From: Date: Regarding AGENDA ITEM CITY COUNCIL MEETING OF January 23, 2006 William W. Burns, City Manager Richard D. Pribyl, Finance Director Debra A. Skogen, City Clerk January 19, 2006 First Reading of an Ordinance Amending Chapter 603 Intoxicating Liquor pertaining to Food Sales On the meeting of December 5, 2005, this item was tabled due to some modifications of the proposed changes that relate to food sales. At that meeting, Councilmember Billings, had some concerns and suggestions regarding the proposed changes that are now reflected in this first reading. The first reading of this ordinance is only intended to clarify the definition of food as it relates to Chapter 603, On-Sale Intoxicating Liquor and the calculation of the ratio of food to liquor sales. This change is being proposed due to discussions with AMF Maple Lanes and their desire to include vending machines sales as food sales. Their attorney had claimed the city code was vague on whether or not vending machines sales could be included as food. Based on this discussion, staff has prepared this ordinance in hopes of removing this type of confusion as to the use of vending machines sales as part of the food sales in the ratio calculation of food to liquor. Staff is recommending this item be removed from table from the December 5, 2005 Council Meeting and hold the first reading of this ordinance. Ordinance No. AN ORDINANCE AMENDING CHAPTER 603 OF THE FRIDLEY CITY CODE PERTAINING TO FOOD SALES 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 603 of the Fridley City Code is hereby amended as follows: Chapter 603. On-Sale Intoxicating Liquor 603.01. DEFINITIONS 1. Bowling Center/Restaurant An establishment under the control of a single proprietor or manager, having a minimum of 201anes for the sport of bowling and where, in consideration of payment therefore, the general public is permitted to participate in the sport of bowling. Such establishment shall have a kitchen and other facilities to serve meals and where, in consideration of payment therefore, meals are regularly served at tables to the general public. Such establishment employs an adequate staff for the usual and suitable service to its guests, and the business of bowling, including sale or rental of bowling equipment and supplies, for a license year is a minimum of 60% of the total gross sales of the business. 8. Restaurant. Any establishment, other than a hotel or bowling center/restaurant, under the control of a single proprietor or manager, having kitchen and other facilities to serve meals and where, in consideration of payment therefore, meals are regularly served at tables to the general public. Such establishment employs an adequate staff for the usual and suitable service to its guests, and the business of serving food and/or intoxicating liquors for a license year is a minimum of 40% of the total gross sales of the business. Vendin� machines sales shall not be included as food sales revenue (Re£ 1172) 603.10. CONDITIONS OF LICENSE 18. A restaurant shall be conducted in such a manner that, of that part of the total business attributable to or derived from the serving of foods and intoxicating liquors, a minimum of 40% of the business for a license year is from the serving of food prepared on site and not from vendin� machines. A hotel shall be conducted in such a manner that, of that part of the total business attributable to or derived from the serving of foods and intoxicating liquors a minimum of 40% of the business for a license year is from the serving of food prepared on site and not from vendin� machines. A bowling center/restaurant shall be conducted in such a manner that, of that part of the total business attributable to or derived from the sale of food and intoxicating liquors, a minimum of 30% of the gross sales of the food and liquor is from the serving of food prepared on site and not from vendin� machines. (Re£ 1172) PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS _ DAY OF 2006. Scott J. Lund, Mayor ATTEST: Debra A. Skogen, City Clerk First Reading: Second Reading: Publication: � � CffY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF JANUARY 23, 2006 TO: FROM: DATE: SUBJECT: William W. Burns, City Manager Jon Fi. Fiaukaas, Public Works Director Layne Otteson, Asst Public Works Director January 6, 2006 Resolution for Use of MSAS Funds I' �• ��i In order to be eligible to use our Municipal State Aid System funds on our neighborhood streets, MI`i rules 88201800 requires the City Council request this use by resolution. The attached resolution requests disbursement of the City"s population portion of the Municipal State Aid System construction funds for the proposed Street Improvement Project I`lo. ST. 2006 - 1. Recommend the City Council adopt the attached resolution for submittal to the State Aid Office. LO/Jtiti:cz Attachment RESOLUTION NO. 2006 - RESOLUTION REQUESTING MUNICIPAL STATE AID SYSTEM CONSTRUCTION FUNDS FOR OTHER LOCAL USE WHEREAS the City of Fridley receives Municipal State Aid System (MSAS) funds for construction and maintaining 200 of its City streets, and WHEREAS 22.9 MSAS miles are currently authorized and have been improved to State Aid standards and are in an adequate condition that they do not have needs other than additional surfacing, and WHEREAS the City currently has 88.3 miles of local streets that require maintenance and upgrade, and WHEREAS it is authorized by MN Rules 8820.1800 to use part of the MSAS construction appropriation of our City's State Aid allocation on local streets not on the approved State Aid system, and WHEREAS it is proposed to systematically install concrete curb and gutters and storm sewer system for improved surface water drainage and additional strength to the streets for traffic survivability, and WHEREAS it is proposed to use a portion of the City's population allocation funds to upgrade local streets, and WHEREAS the City of Fridley has identified the following streets for inclusion in its 2006 Street Improvement Project No. ST. 2006 - 1, towit: 63rd Avenue - Quincy Street to Jackson Street 64th Avenue - Jackson Street to Van Buren Street 66th Avenue - Jackson Street to Able Street 67th Avenue - Monroe Street to Quincy Street 68th Avenue - Pandora Drive to Oakley Street 69th Avenue - 145' west of Rice Creek Blvd to University W Ser. Dr 69th Place - Rice Creek Blvd to 69th Avenue Able Street - Mississippi Street to 66th Avenue Able Street - Overton Street to Rice Creek Terrace Bennett Drive - Quincy Street to Jackson Street Jackson Street - 63rd Avenue to 68th Street Jefferson Street - Madison Street to 210' south Kennaston Drive - Monroe Street to 68th Avenue Kennaston Drive - Jackson Street to 68th Avenue Madison Street - 67th Avenue to Rice Creek Terrace Madison Street - Rice Creek Terrace to 160' north Oakley Street - 68th Avenue to Rice Creek Terrace Overton Drive - Kennaston Drive to 68th Avenue Overton Drive - Monroe Street to 68th Avenue Pandora Drive - Monroe Street to 68th Avenue Resolution No. 2006 - Page 2 Quincy Street - 67th Avenue to 68th Avenue Rice Creek Blvd - 69th Avenue to University West Service Drive (including cul-de-sac) University W Service Dr - Rice Creek blvd to 69th Avenue Washington Street - 500' north of 68th St to Monroe Street WHEREAS the majority of these streets have insufficient strength and poor surface drainage, and WHEREAS the City indemnifies saves and holds harmless the State of Minnesota and its agents and employees from claims, demands, actions or causes of action arising out of or by reason or matter related to constructing the local street as designed, and WHEREAS the City further agrees to defend at its sole cost any claims arising as a result of constructing the local street, and WHEREAS the final approval of the State Aid for Local Transportation Division is therefore required. NOW THEREFORE BE IT RESOLVED that the City of Fridley, Anoka County, Minnesota, requests the release of MSAS funds for the upgrade and reconstruction of City municipal streets, identified as 2006 Street Improvement Project No. ST. 2006 - 1. PASSSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 23rd DAY JANUARY, 2006. ATTESTED: DEBRA A. SKOGEN - CITY CLERK SCOTT J. LUND - MAYOR � � CffY OF FRIDLEY To: From: Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF January 23, 2006 William W. Burns, City Manager Richard D. Pribyl, Finance Director Deb Skogen, City Clerk January 18, 2006 Twin Cities North Chamber of Commerce Lawful Gambling Premise Permit Application — Billiard Street Cafe, 7178 University Avenue NE Section 30 of the Fridley City Code allows lawful gambling by a licensed organization. Twin Cities North Chamber of Commerce currently has a Minnesota Lawful Gambling License and is applying for a premise permit to conduct lawful gambling at Billiard Street Cafe located at 7178 University Avenue NE. Billiard Street Care has applied and paid for an On-Sale Intoxicating Liquor Lawful Gambling Endorsement and is on the list of licenses to be approved at this meeting. A background was done by the Police Department and they found no reason to deny the application. The premise permit application requires a resolution from the City Council approving the permit. If approved, this premise permit would run concurrent with their existing license which expires on May 31, 2006. Since the Organization is in the process of applying for their new license as well, they requested the city adopt two resolutions, one for their existing license and one for their new license period. Staff contacted the state to see if one resolution could be provided and the state said that it could as long as the language included both license periods. Staff forwarded the prepared resolution to the state and that said it was very clear and would be fine. Please find a resolution for the premise permit application. RESOLUTION NO. - 2006 RESOLUTION IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT APPLICATION FOR TWIN CITIES NORTH CHAMBER OF COMERCE FOR BILLIARD STREET CAFE LOCATED AT 7178 UNIVERSITY AVENUE NE WHEREAS, the City of Fridley has received a copy of an Application for a Minnesota Lawful Gambling Premise Permit from Twin Cities North Chamber of Commerce; and WHEREAS, the location of the Premise Permit is for Billiard Street Cafe, 7178 University Avenue NE, and WHEREAS, Twin Cities North Chamber of Commerce currently holds a state lawful gambling license and conducts lawful gambling at Jakes Sports Cafe in New Brighton and Mounds View, Minnesota, which will expire on May 31, 2006; and WHEREAS, Twin Cities North Chamber of Commerce is requesting to reapply to the state for their new license which would expire May 31, 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 Twin Cities North Chamber of Commerce to be located at Billiard Street Cafe, 7178 University Avenue NE for their current license year expiring May 31, 2006 and for the new license period which would expire May 31, 2008. PASSED AND ADOPTED BY THE CITY COUNCIL OF TI� CITY OF FRIDLEY THIS DAY OF 2006. SCOTT J. LUND - MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK � � CffY OF FRIDLEI' Memo to: From: Subject: Date: AGENDA ITEM CITY COUNCIL MEETING OF JANUARY 23, 2006 The Mayor and Council William W. Burns, City Manager Contract with Fritz Knaak January 20, 2006 I am recommending Council's approval of a new three-year contract with City Attorney, Fritz Knaak The term of the contract would run from January 1, 2006, to December 31, 2008. Under the terms of the new contract, we will raise Fritz's monthly compensation from $5,450 to $5,777, or by 6%. We will also raise his hourly rate for hours of litigation above ten hours per month from $75 per hour to $85 per hour. Other than the name change for Fritz's law firm, the remainder of the contract is the same as the one under which we have been operating for the past three years. This includes a very complete list of services that are included in the scope of services section. In general, I believe that Fritz has served the City well and has been a good communicator and responsive to our needs. AGREEMENT FOR LEGAL SERVICES BETWEEN THE CITY OF FRIDLEYAND KNAAK & KANTRUD, P.A. WHEREAS, the City of Fridley ("City"), a public body corporate and politic operating as a home role charter city under the laws of the State of Minnesota and located within the County of Anoka, desires to have certain attorney services provided; and WHEREAS, the council of the City selected the law firm of Knaak & Kantrud, P.A., in conjunction with Frederic W. Knaak, Esq., ("Attorney") to serve as City Attorney and has authorized a contract between the City and the Attorney; Now, therefore, it is hereby agreed that this document by and between the City and the Attorney shall be a binding obligation on behalf of all parties named. I. Term. This agreement shall be effective January 1, 2006. It shall be valid through December 31, 2008, inclusive. It shall, however, be severable as provided in Section X. II. Scope of Le�al Services The following services shall be provided to the City by the Attorney as a matter of right under the terms of this agreement. a. Attendance at all regularly scheduled City Council meetings, and upon request by the City Council, attendance at all special meetings of the City Council or of any board, commission, or committee established by the City Council. In addition, the Attorney shall meet with the City Manager, Mayor, City Council or other city official or employee as required. b. Drafting and reviewing local ordinances, charter amendments, and resolutions as requested by the City. Assisting with the codifying of ordinances and maintaining a current City Code or book of ordinances. Drafting correspondence on behalf of the City as requested. d. Answering by telephone and e-mail questions of City officials and staff. Meeting with and advising the Mayor, City Council, City Manager, department managers, Planning Commission, and other designated groups or individuals, on general legal matters. £ Provide up to five hours per month of basic legal support services and up to five hours per month of court time to the Fridley Housing and Redevelopment Authority ("HRA"), including attendance at meetings of the HRA upon request. Additional services to the HRA shall be provided as outlined in a separate contract for legal services between the Attorney and the Fridley HRA. g. Reviewing municipal contracts, joint powers agreements, and other legal documents as requested. h. Representing the City in condemnation and eminent domain proceedings. Representing the City in the acquisition or sale of public property, and the drafting and assigning of deeds, easements, and other real estate or land-use documents. Researching and submitting legal opinions and interpretations on municipal or other related legal matters as required, including such topics as PELRA, employment law, and veterans' preference issues. k Briefing City on proposed or newly adopted statutes, rules or regulations as well as any court decisions, agency rulings, or other official rulings or opinions, that could have an effect on the City or the way it conducts business, and recommending the appropriate amendments to ordinances, policies or other actions of the City in order to comply with these changes in law. Defending the City in all litigation, except in those cases where insurance companies are required to provide defense or where the City chooses to hire specialized legal talent. m. Representing the City in workers' compensation proceedings. n. Review bond and insurance requirements required by or for City contracts or activities. o. Preparing reports on the status of City litigation and other legal matters, at the request of the City Manager. p. Reviewing documents submitted by bond counsel involving the issuance of debt or debt-related instruments and providing opinions as required. q. Assisting the City in the enforcement of City ordinances, including the prosecution of cases arising out of the City's zoning, housing, rental housing and building codes. Meeting with the City Manager on a regular basis, not less than quarterly, to review all litigation and other pending legal matters of the City and provide a written report of such litigation or other legal matters. III. Fees. The City shall compensate the Attorney at the rate of Five Thousand Seven Hundred Seventy- Seven and 00/100 Dollars ($5,777) per month for all legal services provided in this agreement. In addition to this monthly fee, the City shall pay the Attorney at the rate of Eighty-Five and 00/100 Dollars ($85.00) per hour for each hour after the first ten (10) hours in any one month for any litigation on a case where the time spent on that individual case exceeds ten hours in the month. Paralegal time spent on litigation billed at the hourly rate shall be billed to the City at the rate of Fifty and 00/100 Dollars ($50.00). For the purpose of billing, all zoning, housing, rental housing and building code prosecutions conducted in any one month shall be counted as one case for the purpose of determining the ten-hour cap. Matters involving the HRA shall be billed according to the contract between the Attorney and the HRA except that court time shall not be billed unless the time in court spent on HRA issues exceeds five hours per month. Time spent with the HRA shall not be counted against the ten (10) hours of general litigation provided for under this agreement. The flat monthly rate shall include the charges for long distance telephone calls up to Twenty- Five and 00/100 Dollars ($25.00) per month, photocopying up to five hundred (500) pages per month, and up to thirty (30) minutes of search time on Westlaw. Beyond these limits, billings shall be at actual cost for long distance telephone calls, twenty-five cents ($0.25) per page for photocopying, and Eight and 00/100 Dollars ($8.00) per minute for Westlaw searches. All other cists such as filing fees, court costs, witness expenses and faxes shall be billed to the City at actual cost. Hourly billings for the time shall be rounded to the nearest 1/10 of an hour (six minutes). The Attorney shall submit a bill to the City on a monthly basis. This bill shall detail all time spent working on behalf of the City with litigation time being separated from other general matters. All charges made in addition to the established monthly charge shall be clearly documented. The precise format of the billing statement shall be agreed to by the City and the Attorney. IV. Responsible Attornev and Staff. Frederic W. ("Fritz") Knaak shall be the primary attorney for the City. Mr. Knaak shall be responsible for the performance of this agreement, although he may be assisted by other attorneys or support staff in the firm. Mr. Knaak shall supervise all work performed on behalf of the City. V. Conflicts of Interest. The Attorney shall not accept any client or proj ect which would knowingly place it in a conflict of interest with the services to be provided to the City under this agreement. If a conflict of interest should develop, the Attorney shall be responsible for taking the necessary steps to comport its representation of the City with the Lawyers Code of Professional Responsibility. The Attorney shall be responsible for any additional costs incurred by the City in obtaining additional legal representation if such representation becomes necessary due to a conflict of interest. VL Assi�nment of Services and A�reement. The Attorney shall not assign any interest or obligation of this Agreement without the prior written consent of the City; provided, however, that it is agreed that if Frederic W. ("Fritz") Knaak shall cease to be associated with the law firm of Knaak & Kantrud, P.A., the City may assign this agreement directly to Frederic W. ("Fritz") Knaak. VII. Affirmative Action. Because the City requires and follows a policy of Affirmative Action and will not tolerate discriminatory acts, the Attorney shall not discriminate against any person on the basis of age, sex, religious beliefs, political affiliations, or other protected classifications under federal, state, or local laws or regulations. VIIL Work Product. All ordinances, resolutions, correspondences, and other documents or materials drafted for the City by the Attorney shall, upon their completion, become the property of the City. IX. Insurance and Indemnification. Attorney agrees to maintain a valid policy of Professional Liability Insurance for the duration of this agreement. The value of the policy shall not be less than the cap for municipal tort liability as established by Minnesota Statutes. Attorney further agrees to defend, indemnify, and hold mares the City, its agents and employees against all causes of actions against the City or any of its agents or employees that arise from or as a result of the Attorney's actions or advice under the terms of this agreement. X. Severabilitv. The City or Attorney may sever the terms of this agreement upon sixty days written notice. Failure by the City or the Attorney to comply with any of the terms of this agreement shall be grounds for terminating this agreement, as shall be the City's dissatisfaction with the Attorney's performance under the agreement. Upon termination of this agreement, the City shall only be responsible for the monthly fee and any additional billings accrued as of the date of termination. Further, the City expressly reserves its right to hire independent counsel on matters it determines require an attorney with more experience or expertise in a particular field. In such a situation, the City shall remain responsible to the Attorney for the monthly fee provided under this agreement along with any billings not related to the matter for which special counsel was retained. The City shall only be responsible to the Attorney for extra expenses in relation to the matter for which special counsel is retained if the City names the Attorney as co-counsel in the matter or otherwise requests the Attorney's participation. XL Acceptance. The terms of this agreement are hereby accepted and made binding upon and between the City of Fridley and the law firm of Knaak & Kantrud, P.A., in conjunction with Frederic W. Knaak. On behalf of the City of Fridley: By: Scott J. Lund Mayor By: William W. Burns City Manager Date: On behalf of Knaak & Kantrud, P.A., In conjunction with Frederic W. Knaak : Date: Frederic W. Knaak � � CffY QF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF JANAURY 23, 2006 LICENSES Tvpe of License � TEMPOR.4RY LAWFUL GAMBL/NG Breck School Samuel Salas 123 Ottawa Av N Minneapolis, MN 55422 Event will be held at: Medtronic, Inc. 710 Medtronic Parkway Fridley, MN 55432 FOOD, TOBACCO, RETA/L GAS SALES Family Fuel Peggy Erickson 6101 University Av NE Fridley, MN 55432 /NTOX/CAT/NG L/QUOR/LAWFUL GAMBL/NG Billiard Street Cafe Greg Asproth 7178 University Av NE Fridley, MN 55432 TREE REMOVAL Terra's Canopies 3610 46 '/ Av Robbinsdale, MN 55422 Philip Castano Approved Bv Public Safety Director City Clerk Public Safety Director Community Dev Director Fire Inspector Public Safety Director City Clerk Public Works Director M�.--_ .� � � CffY OF FRIDLEY � AGENDA ITEM CITY COUNCIL MEETING OF JANUARY 23, 2006 ESTI MATES Shank Constructors, Inc. 3501 — 85�' Avenue North Brooklyn Park, MN 55443 Commons Park WTP Upgrade Project No. 357 EstimateNo. 3 ....................................................................................... $256,898.00 / � AGENDA ITEM CITY COUNCIL MEETING OF JANUARY 23, 2006 �°F LICENSES FRIDLEI' Contractor TVpe Applicant Approved By Meyer Contracting Inc Excavating Paul Meyer Ron Julkowski CBO Rite-Wa Wate roofin Commercial/S ecial Milah Howlett Ron Julkowski CBO Schnapp Plumbing & Heating Gas Kenneth Schnapp Ron Julkowski CBO � � CffY OF FRIDLEI' To: From Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF January 23, 2006 William W. Burns, City Manager Richard D. Pribyl, Finance Director Debra A. Skogen, City Clerk January 17, 2006 Public Hearing Liquor License Application of Michael J. White of White Owl Ventures, LLC, dba the Main Event, located at 7820 University Avenue NE, Fridley, MN 55432 Michael J White of White Owl Ventures, LLC, has applied for an intoxicating liquor license for the Main Event Restaurant and Bar, located at 7820 University Avenue NE, Fridley, Minnesota, 55432. Mr. White has never owned a restaurant or liquor establishment. Section 603 of the Fridley City Code requires that a public hearing be held to consider the approval of an Intoxicating Liquor License. The City Code also requires that the license can not be approved during the same meeting. The Notice of Public Hearing Attachment A, was published in the Fridley Sun Focus on January 5, 2006 and mailed to Mr. White on January 12, 2006. The Police Department has conducted a background investigation and has found no reason to deny the application at this time. The final approval of the license will be scheduled for February 13, 2006 to allow the state paperwork to be filed and allow Mr. White to schedule a closing on the Main Event prior to March lst when he would like to begin business. Staff recommends holding a public hearing for an intoxicating liquor license. Attachment A CITY OF FRIDLEY PUBLIC HEARING BEFORE THE CITY COUNCIL (Legal Notice) Notice is hereby given that the Council of the City of Fridley will hold a public hearing at the City Municipal Center, 6431 University Avenue Northeast on Monday, January 23, 2006, at 730 p.m. on the question of issuing an on-sale Intoxicating Liquor License to Michael 7oseph White of White Owl Ventures, LLC to do business as the Main Event Restaurant located at 7820 University Avenue NE, Fridley, MN. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require au�liary aids should contact Roberta Collins at 572-3500 no later than January 18, 2006. Anyone having an interest in this matter should make their interest known at this public hearing. /s/ Debra A. Skogen, City Clerk Published: January 5, 2006 in the Fridley Sun Focus � AGENDA ITEM CITY COUNCIL MEETING OF JANUARY 26, 2006 CffY OF FRIDLEI' To: William W. Burns, City Manager From: Capt. Bob Rewitzer Date: 1/20/O6 Re: Extension of Late Night License Endorsement Staff is recommending a first reading of an ordinance amending the Fridley Municipal Code by extending to April 30, 2008, the allowance of certain holders of liquor licenses to sell intoxicating liquor until 2:00 a.m. This ordinance affects Chapter 602, 603 and 606. On June 1, 2003 the State of Minnesota enacted legislation extending hours of alcohol sales until 2:00 a.m. The law allowed local jurisdictions to decide whether or not to allow the extended hours. Several establishments in Fridley requested Council action to permit sales until 2:00 a.m. On September 13, 2004 Council enacted Ordinance 1 197 amending the Fridley Municipal Code to allow certain holders of liquor licenses to obtain a Late Night License endorsement to sell intoxicating liquor until 2:00 a.m. The ordinance included a provision that no Late Night License Endorsement would be effective after April 30, 2006. This sunset provision allowed for a review of any detrimental effects of 2:00 a.m. closings. Staff was directed to assess the impact on police calls and report back to Council before sunset of the ordinance. The following licensed establishments subsequently obtained Late Night License Endorsements which are currently in effect: Licensee Endorsement Issued Main Event 9-21-04 Sharx 10-26-04 King's Restaurant 4-28-05 Billiard Street Cafe 7-19-05 Fridley Crab House 8-2-05 Joe Dimaggio's 1 1-1-05 Three establishments applied for the Late Night License Endorsement In 2004: American Legion Post 303, Main Event and Sharx. In August of 2005 staff requested a report from the three licensees to verify that they had met the food to liquor ratio required. A letter was received from the American Legion stating they had not been able to meet the requirement and would not be applying for the 2005-06 Late Night License Endorsement. Main Event provided a report from their Accountant, Olsen, Thielen & Co., Ltd, stating their food sales were at 42.9� from January 1 through June 30, 2005. Sharx provided a report from their Accountant, Dick Lidbom, PA, stating their food sales were at 42.72� from January 1 through June 30, 2005. The reports demonstrated that the two licensees were able to meet the minimum percentage of food sales as required by city code. An analysis of police calls for service at Main Event, King's Restaurant, Billiard Street Cafe, Fridley Crab House and Joe Dimaggio's revealed no significant impact attributed to 2:00 a.m. closings. Calls for service at Sharx have increased over 2004 levels. This is most likely due to a substantial increase in business as a result of the Minneapolis smoking ban which went into effect March 31, 2005. A survey of alcohol-related calls for service (domestic assault, DUI, and alcohol- related traffic accidents) throughout the city revealed no significant impact or displacement from 2:00 a.m. closings. Overtime expenses, attributed to holding over staff working the 3:00 p.m. to 3:00 a.m. shift, showed no discernable increase over previous years. Staff at the Office of Traffic Safety of the Minnesota Department of Public Safety reported that little to no analysis of the effects of 2:00 a.m. closings has been done. It was noted that while there has been a shift in the number of traffic accidents to later in the early morning, there has been no increase. It should be noted that 2/3 of the licensees obtaining a Late Night License Endorsement did not do so until well into 2005. Data regarding the impact of 2:00 a.m. closings on Police activity is somewhat limited as a result. Staff recommends a continuation of the Late Night License Endorsement until April 30, 2008. Staff will again review any impact on police calls for service and will report back to Council before sunset of this ordinance. Ordinance No. AN ORDINANCE AMENDING THE FRIDLEY MUNICIPAL CODE PERTAINING TO THE LATE NIGHT ENDORSEMENT OF ON-SALE LIQUOR LICENSE The City Council of the City of Fridley, Minnesota, hereby ORDAINS: That Chapter 602 of the Fridley City Code shall be amended to include the following language: 602.02 LICENSES REQUIRED 6. Late Night License Endorsement An On-Sale license may be amended to include a Late Night License Endorsement subj ect to the terms and conditions imposed by the City Council within its discretion and otherwise in accordance with the provisions of this Chapter. No person may sell any beer under any permit issued pursuant to this chapter after 1:00 a.m. without first obtaining a Late Hour License endorsement. No Late Night License Endorsement shall be effective after Apri130, � 2008 602.05 GRANTING OF LICENSES 3. Late Night License Endorsement. An On-Sale license may be amended to include a Late Night License Endorsement subj ect to the terms and conditions imposed by the City Council within its discretion and otherwise in accordance with the provisions of this Chapter. An application for a Late Hour License Endorsement shall be made at the same time as, but separate from, an initial license or license renewal. No Late Hour Endorsement granted by the City of Fridley will be effective after Apri130,�-2008. That Chapter 603 of the Fridley City Code shall be amended to include the following language: 603.02 LICENSE REQUIRED No person, except wholesalers or manufacturers to the extent authorized under State License, shall directly or indirectly deal in, sell, or keep for sale any intoxicating liquor without first having received a license to do so as provided in this Chapter. No person shall sell any intoxicating liquor on Sundays without obtaining a separate license for Sunday sales, as required by Minnesota State Statutes. No person shall sell any intoxicating liquor after 1:00 a.m. without obtaining a special Late Hour License Endorsement for an existing liquor license as provided in this Chapter. No Late Hour License Endorsement granted pursuant to this Chapter will be effective after Apri130, �99F 2008. Ordinance No. That Chapter 606 of the Fridley City Code shall be amended to include the following language: 606.02 LICENSES REQUIRED Page 2 No person shall sell, deal in or dispose of by gift, sale or otherwise, any liquor without first having obtained a license to do so from the City Council; provided, however, that this section shall not prohibit the given or serving thereof to guests in a private home, shall not prohibit the sale thereof by a manufacturer or distributor to a person holding a license there under, and shall in no way effect the operation of the municipal liquor stores. In addition to the foregoing, no person shall sell any intoxicating liquor after 1:00 a.m. without obtaining a special Late Hour License Endorsement for an existing liquor license as provided in this Chapter. No Late Hour License Endorsement granted pursuant to this Chapter will be effective after Apri130, � 2008. Passed and adopted this day of of the City of Fridley. Attest: Debra A. Skogen, City Clerk First Reading: Second Reading: Publication: 2006, by the City Council Scott J. Lund, Mayor � � CffY OF FRIDLEI' DATE: TO: FROM: SUBJECT AGENDA ITEM CITY COUNCIL MEETING OF JANUARY 23, 2006 January 18, 2006 William Burns, City Manager Scott Hickok, Community Development Director Julie Jones, Planning Coordinator Rachel Harris, Environmental Planner First Reading of and Ordinance for TA #OS-04 Shoreland Overlay District, Ch. 20532 O-7 Background On November 21, 2005, the Fridley City Council held a public hearing on Text Amendment #OS-04, a proposed Shoreland Overlay District to the City's Zoning Code. All potentially affected property owners were notified of the public hearing and several of them appeared and addressed the Council. Following the public hearing, Staff made adjustments to the draft ordinance, as directed, and submitted it to the DNR for approval. In addition, staff submitted a request for further flexibility to the State guidelines for Shoreland Ordinances in some additional areas that our draft code was deficient in meeting. The results of the negotiations with the DNR have been very favorable for the City. The City has received general approval of the draft Fridley Shoreland Overlay Ordinance, including flexibility from the following State guidelines: 1. Boundaries of the District. Although, this is addressed at the end of the attached December 301etter from the DNR, it is the most important area of flexibility that the DNR is granting the City. State guidelines call for cities to include all first and second tier property in a Shoreland overlay. Staff has asked to only include first tier properties and only those that directly abut a DNR designated water resource. The City has been granted this fle�bility. In addition, staff has clarified that certain parcels where there is a small strip of publicly-owned land in between the water body and the privately-owned parcel do not need to be included in the overlay district. This has allowed us to take several properties along Riverview Terrace in the Riverview Heights neighborhood out of the overlay district which were included at the time of the public hearing. The result of this change is that there are now 392 private parcels included in the currently proposed overlay district, when there were 437 parcels before. 2. Impervious Surface. The State guidelines allow no more than 25% impervious surface on Shoreland property. Staff asked to be able to increase that minimum to 35%, noting that anything less would create many nonconforming properties. The DNR agreed and is allowing the 35% impervious surface coverage. 3. Buildin� Hei�ht. Staff was unaware that using building height requirements for the underlying zoning district exceeded the State guidelines. Once the DNR pointed this out, staff asked for flexibility on this rule as well, arguing that the e�sting height limitations have served as adequate line-of-sight protection for Shoreland areas. Our request to exceed the State's 25' height limit (City code is 30' for R-1 zoning, for example) was granted. 4. Reclassification of Farr Lake. The DNR has agreed to reclassify Farr Lake from a Natural Environment Lake to a General Development Lake. At the time of the public hearing, staff was unaware that the different classifications related to varying setback requirements. As a Natural Environment Lake, buildings would need to be setback 150' from the ordinary high water mark, making every home along Farr Lake nonconforming. The reclassification now means only two properties along Farr Lake are nonconforming. We have received flexibility in all areas that we requested except in the building setbacks for Moore Lake. At the time of the public hearing, staff understood that the building setback requirements were 50' for all lakes. The 50' setback only applies to General Development Lakes. Moore Lake is classified by the DNR as a Recreational Development Lake. State rules require Recreational Development lakes to have a 75' setback. Staff was concerned about this initially, but, after studying aerial photographs, had to agree with the DNR that most existing development is well within a 75' setback line. Staff agreed with the DNR that it would be unreasonable for the City to pass an ordinance that would allow property owners to build closer to the water than they are already built now, potentially creating future line-of-sight issues along the shoreline. Besides the December 301etter attached, the DNR has sent a second letter, dated January 11, clarifying first, that by law, the City is required to adopt a shoreland ordinance and, second, why it is in the City's best interests to adopt the current draft Shoreland Ordinance. They state that they cannot guarantee that the same level of flexibility would be provided in the future. Also, there is a possibility that future State land use restrictions will be applied to communities that do not have Shoreland protections in place. The attached revised draft of the Shoreland Overlay Ordinance has been changed in a few areas from the version provided at the public hearing. Changes are underlined and marked in red, if you are reviewing it electronically. Most changes are minor wording changes to make requirements more clear. The DNR required that we add the State definition of Shoreland in our definitions section, and staff has incorporated the other details negotiated with the DNR as explained above. As suggested by a property owner at the public hearing, staff changed Section 20532.88(1)b((iii)) to allow removal of no�ous plants. Staff also worked with the City Attorney to reword the Nonconformities section on the last page, which raised some confusion at the public hearing, making the intent of this section more clear. Commission Review On September 20, 2005, the Fridley Environmental Quality and Energy Commission reviewed a previous version of the 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, which the City Council held. Recommendation Staff recommends that the City Council conduct a first reading of the attached ordinance for TA #OS-04 at the January 23, 2006 City Council meeting as we have now received all of the approvals the City was seeking from the DNR. 1l 1 • 1 Draft Date 1/19/2006 9:23:00 AM 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 1NTENT A. The �r��tx�,�x�u unregulated 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 are adopted pursuant to the authorization and policies contained in Minn. Stat. Ch. 103F�F, 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 �� .�.a 205.32.4.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 lots; 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. Draft Date 1/19/2006 9:23:00 AM 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 �� .�.a 205.32.4.B of this Code. The specific boundaries of the shoreland permit overlay district are shown on the official Fridley ��rin� Shoreland_Overlay District Map in the Fridlev Zonin� Code. 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. Draft Date 1/19/2006 9:23:00 AM 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. Shoreland Shoreland means land_located within the following distances_from the ordinary__high water elevation of public waters: (1) land within 1,000 feet from the normal high watermark of a lake, pond, or flowa�e; and (2).land within 300 feet of a_river or stream or the landward side of a floodplain delineated bv ordinance on the river or stream, whichever is greater. _ Draft Date 1/19/2006 9:23:00 AM N. Shore Impact Zone The area between the ordinary high water mark and fifty (50) feet inland from the ordinary high water mark. O. 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. Draft Date 1/19/2006 9:23:00 AM 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 Farr Lake Natural Environment Lakes Protected Waters Inventory I.D. # 2-75P 2-71P Protected Waters Inventory I.D. # 2 - 77P 2-684W 2-78P Protected Waters Inventory I.D. # Public Water in Springbrook Park 2-688P (2) Rivers and streams Rivers From To Mississippi River Sec 3, T30N, R24W Sec 34, T30N, R24W Tributary Streams Norton Creek Oak Glen Creek Rice Creek Springbrook Creek Stoneybrook Creek 5. ADMINISTRATION 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. Draft Date 1/19/2006 9:23:00 AM 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 underlying 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 adj oining 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 150 feet Recreational Development Lake 75 feet River 100 feet Draft Date 1/19/2006 9:23:00 AM 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 and the removal of blants deemed noxious under the Minnesota Noxious Weed Law. (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 Draft Date 1/19/2006 9:23:00 AM 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. Draft Date 1/19/2006 9:23:00 AM 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 ��d-��i-�z��a�� 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 Draft Date 1/19/2006 9:23:00 AM consistent with the field office technical guide of the local soil and water conservation districts. 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 > > � °.��e��f�s�t�e� ��°°; ° °�* *'��* with the following exceptions °*�� ,;ii .,i�„ ., ri., ; ��,,,,-oi.,,,,a ., a. Decks �: �e�U au�iti��s m�y �e �??: .��u .��;��,,,,,� � �,�,-;�,,,.o �„ � ,,,-;,,,.;,,io YViLYiliLLL (L 4R1YiLiYG\i LV l4 �.>iilYVir.}Y{J ��e�� at ��.r�g..�� r��ir� s��1� €�� 1�� a�€��.a�..��.��..��t��..�� if are allowed as a conforming use provided all of the following criteria and standards are met: ((i)). The principle structure existed on the date the structure setbacks were established. ��ii))� n��,,,,-,,,,,.�, o..,�,,.,�;,,,, „��,o r ro,�., .,,,,a ��,,,.�,,,-o ,-o o.,�� „ No other reasonable location for a deck :::::�t:TM�-�r �x��i::� t?:� ��isti::� �r?i::u.y= l,;rtl, .�r��o,- lozrol �o�h��l� .,f�1,o ,„-;,,�;,,lo ��,-„��,,,-oQ 1' } 111�11 YY�ilLl�l 1��V1�1 JI�GVRVll Vl Llll� �./1111V1l.Jl� JLIUVLUI� l�X1SLS. _ .. .. ......... ......... ((iii)). The deck encroachment toward the ordinary high water level maintains a minimum setback in accordance with applicable code sections_and a __..... .-- maximum encroachment of 10 feet into the Bluff Imbact Zone or Shore Impact Zone. ((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_ Draft Date 1/19/2006 9:23:00 AM SCOTT J. LUND, MAYOR ATTEST: DEBRA A. SKOGEN, CITY CLERK Public Hearing: First Reading: Second Reading: Published: Minnesota Department of Natural Resources DNR Waters, Central Region, 1200 Warner Road, St. Paul, MN 55106 Phone: (651) 772-7910 Fax: (651) 772-7977 January 1l, 2006 The Honorable Scott Lund Mayor, City of Fridley Fridley Municipal Center 6431 University Avenue N.E. Fridley, Minnesota 55432 RE: Shoreland Management Requirements Dear Mayor Lund: I recently sent you a letter approving considerable flexibility for Fridley in meeting State Shoreland Management standards, and approving a draft Shoreland Management Overland - District ordinance for the City. I understand that the City will consider adoption of the - Ordinance within the next few weeks. It has been brought to my attention that you have , expressed concern about whether the City of Fridley is really required to adopt such an ordinance. Minnesota Statutes, Section 103F.221 requires that all municipalities in Minnesota having shoreland within its corporate boundaries must adopt ordinances that are in substantial compliance with State Shoreland Standards. In the early 1990's, the Department of Natural Resources (DNR) developed a priority list of cities and counties that would be put on notice that their ordinances needed changing. The City of Fridley, and other communities that were reaching full development were considered a lower priority. Therefore, the DNR has not yet put the City on official notice that you must bring your ordinances into compliance. However, the City is still under a statutory obligation to adopt and enforce substantially compliant ordinance provisions in shoreland axeas. Due to existing development patterns within the City and because the City has shown initiative in protecting its shoreland areas, the DNR has approved ordinance flexibility that allows for lesser dimensional standards (lot sizes, setbacks, etc.) than required by State Rule. Should the City fail to adopt the cunent draft ordinance, I cannot guarantee that we would be able to provide the same level of flexibility in the future. � DNR Information: 651-296-6157 • 1-888-646-6367 • TTY: 651-296-5484 • 1-800-657-3929 An Equal Opportuniry Employer �!� Printed on Recycled Paper Containing a Who Values Diversity �'�� Minimum of 10°k Post-Consumer Waste 43 The Honorable Scott Lund January 11, 2006 Page 2 There is considerable discussion taking place around the state about the adequacy of the current shoreland protection rules and there are a number of proposals to strengthen those standards and to tie them to other legal requirements. For example, there is a current proposal to amend the Environmental Quality Board regulations relating to environmenta.l review that would set a much lower threshold for EAW's in communities that do not have state approved shoreland controls in effect. By adopting the current draft ordinance, Fridley would be placing itself in a better position to avoid these potential sanctions against future develnpment. I hope this addresses the concerns you had about this issue. If not, please do not hesitate to conta.ct me. Sincerely, . ��e Dale E. Homuth Regional Hydrologist c: City of Fridley, Julie Jones � Kent Lokkesmoe, Director, DNR Waters Victoria E. Dupre, Senior Planner, Met. Council DNR Shoreland Hydrologist, Peder Otterson DNR Area Hydrologist, Tom Hovey .. Minnesota Department of Natural Resources DNR Waters, Central Region, 1200 Warner Road, St. Paul, MN 55106 Phone: (651) 772-7910 Fax: (651) 772-7977 December 30, 2005 The Honorable Scott Lund Mayor, City of Fridley Fridley Municipal Center 6431 University Avenue N.E. Fridley, Minnesota 55432 RE: Conditional Approval Of Fridley's Shoreland Management Ordinance Dear Mayor Lund: Thank you for submitting your city's request for flexibility from the statewide shoreland rules and your community's latest draft shoreland management controls (Ordinance No - An Ordinance Creatin� Chapter 205 32 O 7 of the Fridle Citv Code Pertainin� to Shoreland Overlav District), received in this office on December 14, and December 28, 2005, respectively, for the Departrnent of Natural Resources `(DNR) review. These were submitted by City Planning Coordinator, Julie Jones. I will . address the flexibility request first. Your city staff presented memoranda that requested flexibility from sta.tewide standazds in the following ' areas: 1. Buildin� Hei�ht - Allow structure height limit of 30 feet versus the statewide standard of 25 feet, citywide. The December 9, 2005 request was sufficient for building height flexibility from the statewide shoreland management standards. I hereby approve the City's request for flexibility in structure height. 2. Impervious Surface — Allow impervious surface lot coverage of 35% versus the statewide standard of 25%. � The December 9, 2005 xequest included results of impervious surface coverage sampling on riparian lots in the City. The data indicates that a signifi�ant percentage of the parcels already exceed the 25% impervious coverage limit, and that the estimated average impervious percentage for those sampled was approximately 34%. A November 16, 20051etter from Ms. Jones to Area Hydrologist Tom Hovey, of my staff, states that to her knowledge there are no undeveloped first tier parcels remaining in the City. That letter further states that the City is pursuing adoption of other water quality protection measures, . such as the encouragement of storm water infiltration and requirements for vegeta.ted buffers in riparian ` areas. With these factors in mind I approve the City's request for flexibility from the statewide standard,� I, up to 35% impervious lot coverage. - DNR Information: 651-296-6157 • 1-888-646-6367 • TTY: 651-296-5484 • 1-800-657-3929 y Printed on Recycled Paper Containing a /.�n Equal Opportunity Employer � � Who Values Diversiry �'�� Minimum of ]0% Post-Consumer Waste 45 The Honorable Scott Lund December 30, 2005 Page 2 _ The December 9`h letter also contained a request to reclassify Farr Lake (DNR I.D. Na 2-78P) as a General Development lake. Considering the timing of the development of the parcels around this lake in relation to the promulgation of the statewide municipal shoreland ru.les, and the existing development patterns around this lake, this lake shall henceforth have a shoreland classification of General Development. Due to the extent of existing development in the City of Fridley, I am granting flexibility to allow the application of underlying zoning within the shoreland district with the exception of the first tier of d' th "shoreland ermit overlay district". nparian lots, identified in your or inance as e p I also am informing you that the City's draft land use controls substantially comply with Minnesota- Rules, Parts 6120.2500 - 6120.3900, and are hereby conditionally approved. Full approval is effective upon the City's official adoption of the amended ordinance. We remain available to assist the City with implementation and enforcement of the ordinance. As � required by the ordinance, notices of all hearings and notices of decisions for variances, conditional uses, and amendments in shoreland areas must be submitted to the Department. These should be sent directly to Area Hydrologist Tom Hovey at: DNR Waters, 1200 Warner Road, St. Paul, MN 55106. A f h ff ' 11 do ted ordinance should also be sent to Mr. Hovey. copy o t e o icia y a p I wish to congratulate you for the efforts of the city council, planning commission, staff, and local citizens have taken towards protecting the water resources of the City of Fridley and the State of Minnesota through the adoption of its land use controls that include the statewide shoreland management standards. I also encourage you to take further steps in protecting the water quality o�the Ciiy of Fridley and the region, by adopting land use controls that go further than those in the shoreland ordinance. These may include the restoration of natural riparian buffer vegeta.tion, increased infiltration of stormwater to reduce the need for surface treatment, and the minimization of impervious surface. Sincerely, !/ � � Dale E. Homuth R ' al H d olo ist egion y r g c: Crty of Fndley, Julie Jones ✓ DNR Shoreland Hydrologist, Peder Otterson D1�iR Area Hydrologist, Tom Hovey .� � � CffY OF FRIDLEY Date To: AGENDA ITEM CITY COUNCIL MEETING OF JANUARY 23, 2006 January 4, 2006 Wlliam Burns, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Coordinator Stacy Stromberg, Planner Subject: Resolution Approving Final Plat, PS #03-08, Town Center Development M-06-01 INTRODUCTION On November 5, 2003, the Planning Commission considered plat request PS #03-08, by Town Center Development. Town Center Development is requesting to create two new parcels from 1282 Mississippi Street, currently Tamarisk Resources and 6490 Central Avenue, currently Sandee's and the vacant lot south of it. Sandee's Restaurant will occupy one parcel and the other parcel will allow for the construction of 54 senior owner-occupied condominiums. City Staff and the Planning Commission recommended approval of plat request, PS #03-08, with 24 stipulations. At the January 5, 2004, City Council meeting, the preliminary plat was approved, with the 24 stipulations suggested by the Planning Commission and staff and two additional stipulations were added by the City Council related to screening and drive aisles. As you aware, there have been several extensions granted to Town Center Development since the preliminary plat was approved on January 5, 2004. RECOMMENDATION City staff and the Planning Commission recommend final plat approval of PS #03-08. City staff recommends that stipulation #1 be changed to reflect the new site plan that was approved by the City Council on January 5, 2004. In addition, City staff recommends that stipulation #27 be added to reflect recent discussions with the Developer and their desire to evaluate renting some of the units. This development has always been portrayed to the City and the neighborhood as being owner-occupied; therefore, placing this stipulation on the final plat approval will ensure that a majority of the complex remains owner-occupied. STIPULATIONS 1. Property to be developed in accordance with site plan, sl��e� �"'-�, ��°� nnfnhor �o �nn� h�i �.,,,�� nn�� iv�n �nivinccriniv �irm depictinq a 3 story buildinq, approved by , the Citv Council at their Januarv 5, 2004 meetinq. 2. Petitioner to obtain all necessary permits prior to construction. 3. Petitioner to meet the attached comments from the Fire Marshall. 4. Petitioner to meet all building and ADA requirements. S. Exterior remodeling plans for Sandee's to be reviewed and approved by City staff prior to issuance of a building permit. 6. Patio on the north side of Sandee's to be removed prior to issuance of a building permit for the senior complex. 7. Petitioner to provide clearance letter from the State Historical Preservation Office prior to the demolition of the Tamarisk building. 8. Existing Sandee's signs in the right-of-way shall be removed prior to issuance of a building permit. 9. No business signs shall be located within the County right-of-way. Any planting within the right-of-way to be approved by the County prior to planting. 10. Petitioner to obtain a permit from Anoka County for any work done within the county right-of-way. 11. Restoration of bike path along Central after will be required after completion of senior complex. 12. Petitioner shall identify ponding area and provide easements for storm water run-off and management. 13. Storm pond maintenance agreement must be filed prior to issuance of building permits. 14. Petitioner shall obtain any required NPDES Permit and provide NURP ponding for entire site. 1 S. City Engineering staff to review and approve grading and drainage plan prior to issuance of building permits. 16. Landscape plan to be reviewed and approved by City Staff prior to issuance of building permit. 17. Petitioner to pay any required Park Dedication Fees. 18. Petitioner to provide City with a copy of the buildings' association documents prior to issuance of a building permit. 19. Building to be restricted to seniors and policies to do such shall be outlined in association documents. 20. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 21. Property owner of record at time of building permit application, to pay all water and sewer connection fees prior to issuance of a building permit. 22. The petitioner to provide a traffic study that is approved by the County prior to issuance of a building permit. 23. The petitioner shall be responsible for the cost of any traffic improvements necessary to accommodate the traffic generated by the development including signalization or other improvements, if determined necessary by Anoka County. 24. A Development Agreement outlining the Developer's obligation to install utilities, etc., will be prepared by the City and shall be signed by the Petitioner prior to �nal plat approval. 25. The petitioner shall work with City staff and the neighbors to come up with a screening plan to provide adequate screening consisting of adult trees and other creative decorative screening between the proposed development and the neighboring properties prior to the City Council meeting on November 24, 2003. 26. All drive aisles to be used for 2-way traffic shall be 25' in width. 27. The petitioner shall provide that the Building Association documents will not permit more than 5% of the units to be rented at any one time. RESOLUTION NO. RESOLUTION APPROVING A PLAT, P.S. #03-08, TOWN CENTER, BY TOWN CETNER DEVELOPMENT, FOR THE PURPOSE OF CREATING TWO NEW PARCELS FROM 1282 MISSISSIPPI STREET, CURRENTLY TAMARISK RESOURCES AND 6490 CENTRAL AVENUE, CURRENTLY SANDEE'S RESTAURANT AND THE VACANT LOT SOUTH OF SANDEE'S RESTAURANT. SANDEE'S RESTAURANT WILL OCCUPY ONE PARCEL AND THE OTHER PARCEL WILL ALLOW FOR THE CONSTRUCTION OF THE 54 SENIOR OWNER OCCUPIED CONDOMINIUMS, GENERALLY LOCATED AT 1282 MISSISSIPPI STREET NE AND 6490 CENTRAL AVENUE NE. WHEREAS, the Planning Commission held a public hearing on November 5, 2003, and recommended approval of said plat; and WHEREAS, the City Council approved the preliminary plat for TOWN CENTER at their January 5, 2004, meeting, with stipulations attached as Exhibit A; and WHEREAS, the City Council upon final review elected to add stipulation 27, regarding maximum allowable rental in the proposed condominium complex; and WHEREAS, a copy of the plat TOWN CENTER has been attached as Exhibit B. NOW, THEREFORE, BE IT RESOLVED, that the City Council approves the Final Plat for TOWN CENTER and directs the petitioner to record plat at Anoka County within six months of this approval or such approval shall be null and void. PASSED AND ADOPTED BY THE CITY COLJNCIL OF THE CITY OF FRIDLEY THIS 23ra DAY OF JANUARY 2006. SCOTT LUND - MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK Page 2- Resolution - 2006 - TOWN CENTER EXHIBIT A STIPULATIONS 1. Property to be developed in accordance with site plan, depicting a 3 story building, approved by the City Council at their January 5, 2004 meeting. 2. Petitioner to obtain all necessary permits prior to construction. 3. Petitioner to meet the attached comments from the Fire Marshall. 4. Petitioner to meet all building and ADA requirements. S. Exterior remodeling plans for Sandee's to be reviewed and approved by City staff prior to issuance of a building permit. 6. Patio on the north side of Sandee's to be removed prior to issuance of a building permit for the senior complex. 7. Petitioner to provide clearance letter from the State Historical Preservation Office prior to the demolition of the Tamarisk building. 8. Existing Sandee's signs in the right-of-way shall be removed prior to issuance of a building permit. 9. No business signs shall be located within the County right-of- way. Any planting within the right-of-way to be approved by the County prior to planting. 10. Petitioner to obtain a permit from Anoka County for any work done within the county right-of-way. II.Restoration of bike path along Central after will be required after completion of senior complex. 12. Petitioner shall identify ponding area and provide easements for storm water run-off and management. 13. Storm pond maintenance agreement must be filed prior to issuance of building permits. 14. Petitioner shall obtain any required NPDES Permit and provide NURP ponding for entire site. IS. City Engineering staff to review and approve grading and drainage plan prior to issuance of building permits. 16. Landscape plan to be reviewed and approved by City Staff prior to issuance of building permit. 17. Petitioner to pay any required Park Dedication Fees. 18. Petitioner to provide City with a copy of the buildings' association documents prior to issuance of a building permit. 19.Building to be restricted to seniors and policies to do such shall be outlined in association documents. 20. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 21. Property owner of record at time of building permit application, to pay all water and sewer connection fees prior to issuance of a building permit. Page 3- Resolution - 2006 - TOWN CENTER 22. The petitioner to provide a traffic study that is approved by the County prior to issuance of a building permit. 23. The petitioner shall be responsible for the cost of any traffic improvements necessary to accommodate the traffic generated by the development including signalization or other improvements, if determined necessary by Anoka County. 24. A Development Agreement outlining the Developer's obligation to install utilities, etc., wi11 be prepared by the City and shall be signed by the Petitioner prior to final plat approval. 25. The petitioner shall work with City staff and the neighbors to come up with a screening plan to provide adequate screening consisting of adult trees and other creative decorative screening between the proposed development and the neighboring properties prior to the City Council meeting on November 24, 2003. 26.A11 drive aisles to be used for 2-way traffic sha11 be 25' in width. 27. The petitioner sha11 provide that the Building Association documents will not permit more than 5� of the units to be rented at any one time. 51 S � � 0 � � � @ i � [a— .� � � E °p �� 3 E SS � . . � � �~a� � � �� $ � �� R � �Q � �� . �� i � ��. �� ,�� l $ � _ � �� $t€ � � �� `g� � � �� ; j � � � �� Y ig€� � _� . �� ;� � � �� _ � � � � r �� g��_� �� E � � �� . le� � � � let �;� E �� + � � � � `• �� R�E � � �'� � �� _ � R �� :�� s �� _ �� t�� '� - �g�� `� � �� g�� 4 � °: E � � �� s j � �� g�� ; ��6 � � � �_ � ¢ �. 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I I � � � .' �. � . . � !k^ ' .� ' ':= ' '• �� -Cenha/ Ave NE � (�S.AJ�L Na! �351-�,, a o . . ��ri- ------ �'----r--�--------� � -- w-i- � - l_-- — — — � —mew�ra saoo— . ' . � . . . . . . i:er.ir::E ..:e .... � ,. ........ . .. � s.—. .. i :i � � � . . ��.� Y ��.araieNirPNa.eur+rJ4Mir-�� '� � � i '�� . . . . � . . � � . . � � � . ' ' • � � � � . . � � � � � � � � � � � � � � � � � � � � � � ., . . ------------ , �-_ .. � � ; � � � 4 ° I a�4 �� E � �€ �� F�`oa rs � d a 8 � RF� �e � ��g: ! 8� � ; R� ?� �da� Z $�� q A= :- - �� 6�' '� a ¢Y�R i g°� to � �°� �� , -'- � � �= �� '� ' =��5� `. � �� ; � - �t � � R �� r� � Y4 °t:x - Af .�� .- � � � 52 � � CffY OF FRIDLEY DATE: TO: FROM: SUBJECT AGENDA ITEM CITY COUNCIL MEETING OF JANUARY 23, 2006 January 4, 2006 Wlliam W. Burns, City Manager Scott Hickok, Community Development Director Julie Jones, Planning Coordinator Stacy Stromberg, Planner Development Agreement for Town Center M-06-04 INTRODUCTION On November 5, 2003, the Planning Commission considered plat request PS #03-08, by Town Center Development. Town Center Development is requesting to create two new parcels from 1282 Mississippi Street, currently Tamarisk Resources and 6490 Central Avenue, currently Sandee's and the vacant lot south of it. Sandee's Restaurant will occupy one parcel and the other parcel will allow for the construction of 54 senior owner-occupied condominiums. City Staff and the Planning Commission recommended approval of plat request, PS #03-08, with 24 stipulations. At the January 5, 2004, City Council meeting, the preliminary plat was approved, with the 24 stipulations suggested by the Planning Commission and staff and 2 additional stipulations were added by the City Council related to screening and drive aisles. A 27tn stipulation has also been added, upon further review by staff, regarding the maximum percentage rental to be allowed within the 54-unit condominium complex. As you aware, there have been several extensions granted to Town Center Development since the preliminary plat was approved on January 5, 2004. To be consistent in the plat process, staff has prepared a development agreement for the Town Center development. That development agreement has been attached for your review and approval. RECOMMENDATION Staff recommends approval of the attached development agreement as submitted. DEVELOPMENT AGREEMENT THIS AGREEMENT, made this day of , 2005, between the City of Fridley, acting through its Mayor and City Manager (hereinafter called the "City"), and Town Center Development, developer, (hereinafter collectively called the "Developer") WHEREAS, The Developer has made application to the City Council for the approval of a plat of land within the corporate limits of the City described as follows: Lots 1, 2, and 3, Auditor's Subdivision #88, except road, subject to easement of record (the "Subdivision"); and to be described as LOTS 1 AND 2, BLOCK 1, TOWN CENTER, ANOKA COUNTY, MINNESOTA. WHEREAS, the City Council, by resolution # , adopted , 2005, granted Developer's plat request to allow the construction of 54-unit senior owner- occupied condominium development on the subdivision on the condition that the subdivision is developed according to the site plan, dated , 2005, (See Exhibit C) and in accordance with stipulations of approval incorporated herein by reference (See attached Exhibit A). NOW, THEREFORE, in consideration of the foregoing, it is hereby agreed as follows: DESIGNATION OF IMPROVEMENTS. Improvements to be installed at the Developer's expense by the Developer as hereinafter provided are hereinafter referred to as "Developer Improvements". 2. DEVELOPER'S IMPROVEMENTS. The Developer will construct and install at Developer's expense the following improvements according to the following terms and conditions: A. The Developer shall retain a licensed professional engineer to design and submit plans for approval by the City Engineer of all public and private site, street, and utility improvements. The Developer shall be responsible for all costs to design, construct, inspect, and administer the improvement contract and be required to escrow funds as surety as listed in Exhibit B. B. The Developer shall do all site grading (unless otherwise determined and approved by City Engineer), common greenway and open spaces, storm water storage ponds and surface drainage ways including sodding of boulevards, all in accordance with the approved grading, drainage and erosion control plan. A grading plan with maximum two-foot contours and cross sections as necessary shall be submitted and approved by the City prior to commencement of any site grading. The Developer shall be required to provide finished (sodded) elevation stakes and hubs for all drainage areas and any other areas as required by the City. The location of the sod elevation staking and hubs are to be located at lot corners and spaced every 20 feet. These locations must be submitted and approved on the development plan and installed at the site prior to issuance of any building permits. C. The Developer shall control soil erosion insuring: All development shall conform to the natural limitations presented by the topography and soil of the subdivision in order to create the best potential for preventing soil erosion. The Developer shall submit an erosion control plan, detailing all erosion control measures to be implemented during construction, said plan shall be approved by the City prior to the commencement of site grading or construction. 2. Erosion and siltation control measures shall be coordinated with the different stages of development. Appropriate control measures as required by the City shall be installed prior to development when necessary to control erosion. 3. Land shall be developed in increments of workable size such that adequate erosion and siltation controls can be provided as construction progresses. The smallest practical area of land shall be exposed at any one period of time. 4. Where the topsoil is removed, sufficient arable soil shall be set aside for respreading over the developed area and also seeded, mulched, and disk anchored. The topsoil shall be restored to a depth of at least four (4) inches and shall be of a quality at least equal to the soil quality prior to development. D. Upon issuance of a building permit for a lot, the Developer is responsible to notify the builders and individual owners of any separate parcels within the development that they assume and are responsible for erosion control, including sodding of boulevards, seeding or sodding of the front and side yards of all lots, tree protection and protection of water and sewer services. Such notification shall not relieve the Developer of the overall responsibility for such items as required under this contract. Any violation will be cause for red tagging the site by the City Building Official, or designee, and all inspections will cease until corrected. E. The Developer shall place iron monuments at all lot and block corners and at all other angle points on boundary lines. Iron monuments shall be placed after all street and lawn grading has been completed in order to preserve the lot markers for future property owners. F. The Developer shall make all necessary adjustments to the curb stops or other water valves to bring them flush with the topsoil (after grading) or pavement. G. The Developer shall remove and/or treat all dead or diseased trees (as determined by the City Forester) before building permits will be issued. Burying or burning of trees or construction debris is not permitted on the site. Trees, tree stumps, or construction debris shall be removed from the plat. The Developer shall mow all tall grass and weeds on vacant lots and boulevard areas periodically throughout the season or as required by the City. Performance shall be guaranteed by the financial guarantee recited herein. H. The Developer shall be responsible for street maintenance around the development, including curbs, boulevards, sod and street sweeping until the project is complete. All streets shall be maintained free of debris and soil until all construction is completed. Warning signs shall be placed when hazards develop in streets to prevent the public from traveling on same and directing attention to detours. If and when the street becomes impassible, such streets shall be barricaded and closed. In the event residences are occupied prior to completing streets, the Developer shall maintain a smooth driving surface and adequate drainage on all temporary streets. Performance shall be guaranteed by the financial guarantee recited herein. The Developer shall dedicate and survey all storm water holding ponds as required by the City. The Developer shall be responsible for storm sewer cleaning and holding pond dredging, as required by the City, prior to completion of the development. The Developer grants the City the right to enter upon the property to perform all functions required under this contract and City ordinances. Performance shall be guaranteed by the financial guarantee recited herein. J. The Developer shall be responsible for securing all necessary approvals and permits from all appropriate Federal, State, Regional and Local jurisdictions prior to the commencement of site grading or construction and prior to the City awarding construction contracts for public utilities. K. The Developer shall make provisions that all gas, telephone, cable television (if available) and electric utilities shall be installed to serve the development. L. The Developer shall construct a group of mailboxes of a uniform design that is clustered at specific locations approved by the City and coordinated with the United States Post Office. M. Estimated cost of Developer's improvements, description and completion dates are as listed in the Attached Exhibit B: Furthermore, Developer shall be responsible for all of the development costs and fees outlined in the Stipulations listed in Exhibit A, attached hereto and made a part hereof. N. Construction of Developer's Improvements: Construction. The construction, installation, materials and equipment shall be in accordance with the plans and specifications approved by the City. 2. Inspection. All of the work shall be under and subject to the inspection and approval of the City and, where appropriate, any other governmental agency having jurisdiction. 3. Easements. The Developer shall dedicate to the City, prior to approval of the final plat, at no cost to the City, all permanent or temporary easements necessary for the construction and installation of the Developer's Improvements as determined by the City. All such easements required by the City shall be in writing, in recordable form, containing such terms and conditions as the City shall determine. 4. Faithful Performance of Construction Contracts. The Developer will fully and faithfully comply with all terms and conditions of any and all contracts entered into by the Developer for the installation and construction of all Developer's Improvements and hereby guarantees the workmanship and materials for a period of one year following the City's written final acceptance of the Developer's Improvements. Concurrently with the execution hereof by the Developer, the Developer will furnish to, and at all times thereafter maintain with the City, a cash deposit, certified check, or Irrevocable Letter of Credit, based on one hundred fifty (150%) percent of the total estimated cost of Developer's Improvements as indicated in Exhibit B. The Irrevocable Letter of Credit shall be for the exclusive use and benefit of the City of Fridley and shall state thereon that the same is issued to guarantee and assure performance by the Developer of all the terms and conditions of this Development Contract and construction of all required improvements in accordance with the ordinances and specifications of the City. The City reserves the right to draw, in whole or in part, on any portion of the Irrevocable Letter of Credit for the purpose of guaranteeing the terms and conditions of this contract. The Irrevocable Letter of Credit shall be automatically renewed or replaced by not later than thirty (30) days prior to its expiration with a like Letter of Credit. 5. Reduction of Escrow Guarantee. The Developer may request reduction of the Letter of Credit, or cash deposit based on prepayment of the value of the completed improvements at the time of the requested reduction. The amount of the reduction shall be determined and approved by the City. O. The Developer shall provide a licensed professional engineer or their duly authorized representative to oversee at the Developer's expense the Developer's improvements until such improvements are completed and accepted by the City. P. Upon written final acceptance of the Developer's improvements by the City, a one year maintenance bond shall be provided by the Developer for any areas not covered by the Minnesota Pollution Control Agency (NPDES) erosion control permit. The warranty will include but not be limited to the cost of turf restoration and erosion control. 4. RECORDING AND RELEASE. The Developer agrees that the terms of this Development Contract shall be a covenant on any and all property included in the Subdivision. The Developer agrees that the City shall have the right to record a copy of this Development Contract with the Anoka County Recorder to give notice to future purchasers and owners. This shall be recorded against the Subdivision described on Page 1 hereof. 5. REIMBURSEMENT OF COSTS. The Developer agrees to fully reimburse the City for all costs incurred by the City including, but not limited, to the actual costs of construction of said improvements, engineering fees, legal fees, inspection fees, interest costs, costs of acquisition of necessary easements, if any, and any other costs incurred by the City relating to this Development Contract and the installation and financing of the aforementioned improvements. 6. BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY. The Developer shall submit a plan to the City for approval identifying the location of the proposed access roads and the lots being requested for building permits. The City shall require that a"Hold Harmless Agreement" be provided by the developer if the drainage improvements serving the development (i.e. ponds, outlet structures, and overflow pipes) are not completed prior to a building permit being issued. No certificate of occupancy will be issued on any premise that abuts a pond unless the pond infrastructure is completed according to the City approved plan. 5 No Certificate of Occupancy permit shall be issued for any premise in the plat until the following have been completed: A. A letter from the Developer's engineer certifying the plat has been graded according to the grading, drainage and erosion control plan as approved by the City. The Developer will notify the City a minimum of two (2) weeks prior to any Certificate of Occupancy permit being issued. B. Removal/treatment of all dead, dying, storm damaged, or diseased trees, as determined by the City Forester, from the property at the owner's expense or escrow for any remaining trees that will need to be removed. C. The Developer will notify the City a minimum of two (2) weeks prior to any Certificate of Occupancy permit being issued to allow adequate time for an inspection to be completed of all the required improvements. The Developer further agrees that they will not cause to be occupied, any premises constructed upon the plat or any property within the plat until the completion of the gas, electric, telephone, cable television (if available), roads and parking areas to asphalt surface, sanitary sewer, storm sewer and water main, unless the City has agreed in writing to waive this requirement as to a specific premises. Seeding and sodding of the development shall be completed as specified by City Code. In the event a lot has not had the required 4 inches of black/organic dirt spread and been seeded or sodded prior to issuance of a Certificate of Occupancy, the builder shall post a$2,500 cash escrow to assure that the lot will have black dirt and a lawn established within six months. Escrowing prior to issuance of the Certificate of Occupancy shall also be required for incomplete items. The City Building Official will issue a stop work order for violation of silt fencing, erosion control and tree protection. 6 7. CLEANUP. Developer shall promptly clean dirt and debris from streets daily and surrounding properties that have resulted from construction by the Developer, its agents or assigns. Performance shall be guaranteed by the financial guarantee recited herein. The City reserves the right to perform such work as necessary and assess all cost to the developer. The Developer shall be responsible for rubbish blown off the building site. 8. INSURANCE. Developer and/or all its subcontractors shall take out and maintain until one (1) year after the City has accepted the private improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of his subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than Five Hundred Thousand and no/100 ($500,000.00) Dollars for one person and One Million and no/100 ($1,000,000.00) Dollars for each occurrence; limits for property damage shall be not less than Three Hundred Thousand and no/100 ($300,000.00) Dollars for each occurrence; or a combination single limit policy of One Million and no/100 ($1,000,000.00) Dollars or more. The City shall be named as an additional insured on the policy, and the Developer or all its subcontractors shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given ten (10) days advance written notice of the cancellation of the insurance. The certificate may not contain any disclaimer for failure to give the required notice. 9. REIMBURSEMENT OF COSTS FOR DEFENSE. The Developer agrees to reimburse the City for all costs incurred by the City in defense of enforcement of this contract, or any portion thereof, including court costs and reasonable engineering and attorneys' fees. 7 10. VALIDITY. If any portion, section, subsection, sentence, clause, paragraph or phrase in this contract is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect or void any of the other provisions of the Development Contract. 11. GENERAL. A. Bindinq Effect. The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Subdivision and shall be deemed covenants running with the land. B. Notices. Whenever in this agreement it shall be required or permitted that notice or demand be given or served by either party to this agreement to or on the other party, such notice or demand shall be delivered personally or mailed by United States mail to the addresses hereinbefore set forth on Page 1 by certified mail (return receipt requested). Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. The addresses of the parties hereto are as set forth on Page 1 until changed by notice given as above. C. Final Plat Approved. The City agrees to give final approval to the plat of the Subdivision upon execution and delivery of this agreement and of all required petitions, bond and security. D. Incorporation by Reference. All plans, special provisions, proposals, specifications and contracts for the improvements furnished and let pursuant to this agreement shall be and hereby are made a part of this agreement by reference as fully as if set out herein in full. E. Assiqnment and Third Party Benefits. This development contract cannot be assigned or transferred without the written consent of the City. There is no intent to benefit any third parties and third parties shall have no recourse against the City under this contract. F. Clerical Revisions. In the event that any technical or clerical revisions are needed in this document or if for any reason the County Recorder deems the development contract un-recordable, the Developer shall cooperate with the City in the execution or amendment of any revised development contract. 12. REMEDIES FOR VIOLATIONS OF CONTRACT. In the event the Developer; builder, or any subcontractor violates any of the covenants and agreements contained in this Development Contract and that may be performed by the Developer, builder, or 8 subcontractor, the City, at its option, in addition to the rights and remedies as set out hereunder, may refuse to issue building permits to any property within the plat until such time as such default has been inspected and corrected to the satisfaction of the City. Furthermore, in the event of default by the Developer as to any of the work performed by it hereunder, the City may at its option, perform the work of the Developer and the Developer shall promptly reimburse the City for any expense incurred by the City within thirty (30) days. Failure to do so shall result in the City withholding the letter of credit. SIGNED AND EXECUTED by the parties hereto on this day of . 2005 DEVELOPER CITY OF FRIDLEY Owner: By: Richard Whinnery, Town Center Development, LLC Scott J. Lund, Mayor ATTEST: Debra A. Skogen, City Clerk 9 EXHIBIT A- STIPULATIONS APPROVED BY FRIDLEY CITY COUNCIL 1. Property to be developed in accordance with site plan, depicting a 3 story building, approved by the City Council at their January 5, 2004 meeting. 2. Petitioner to obtain all necessary permits prior to construction. 3. Petitioner to meet the attached comments from the Fire Marshall. 4. Petitioner to meet all building and ADA requirements. 5. Exterior remodeling plans for Sandee's to be reviewed and approved by City staff prior to issuance of a building permit. 6. Patio on the north side of Sandee's to be removed prior to issuance of a building permit for the senior complex. 7. Petitioner to provide clearance letter from the State Historical Preservation Office prior to the demolition of the Tamarisk building. 8. Existing Sandee's signs in the right-of-way shall be removed prior to issuance of a building permit. 9. No business signs shall be located within the County right-of-way. Any planting within the right-of-way to be approved by the County prior to planting. 10. Petitioner to obtain a permit from Anoka County for any work done within the county right-of-way. 11. Restoration of bike path along Central after will be required after completion of senior complex. 12. Petitioner shall identify ponding area and provide easements for stormwater run- off and management. 13. Storm pond maintenance agreement must be filed prior to issuance of building permits. 14. Petitioner shall obtain any required NPDES Permit and provide NURP ponding for entire site. 15. City Engineering staff to review and approve grading and drainage plan prior to issuance of building permits. 16. Landscape plan to be reviewed and approved by City Staff prior to issuance of building permit. 17. Petitioner to pay any required Park Dedication Fees. 18. Petitioner to provide City with a copy of the buildings' association documents prior to issuance of a building permit. 19. Building to be restricted to seniors and policies to do such shall be outlined in association documents. 20. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 21. Property owner of record at time of building permit application, to pay all water and sewer connection fees prior to issuance of a building permit. 22. The petitioner to provide a traffic study that is approved by the County prior to issuance of a building permit. 23. The petitioner shall be responsible for the cost of any traffic improvements necessary to accommodate the traffic generated by the development including signalization or other improvements, if determined necessary by Anoka County. 24. A Development Agreement outlining the Developer's obligation to install utilities, etc., will be prepared by the City and shall be signed by the Petitioner prior to final plat approval. 25. The petitioner shall work with City staff and the neighbors to come up with a screening plan to provide adequate screening consisting of adult trees and other creative decorative screening between the proposed development and the neighboring properties prior to the City Council meeting on November 24, 2003 10 26. All drive aisles to be used for 2-way traffic shall be 25' in width. 27. The petitioner shall provide that the Building Association documents will not permit more than 5% of the units to be rented at any one time. 11 _ EXHIBIT B— DESCRIPTION, ESTIMATED COST, AND PROPOSED COMPLETION DATES OF DEVELOPER'S IMPROVEMENTS I Developer's Improvements Estimated Cost Completion 1. Site grading, certification letter, as-builts $_25.000 3/ 15 / 07 _ _ _ - -- - 2: _ _. _ _ Lot Stakes _ ___ . $ 2,500 3 / 1 / 06 3. Diseased Tree Removal $ 5,000 _ 3/ 15 / 06 4. Erosion control, sweeping, tree protection $ 5.000 on-going 5. Installation of sod on boulevards $ 3,500 _ on-going I. Total Estimaled Cost for Developer's Improvements $_41,000 Developers Improvements and Contract Administration Totat $_41,000 Estimated Legal, Inspection, and Administrative Cost (15%) $ 6.150 ' Total, plus 15% $_47.150 Security Requirement (150%) $ 70,725 - : 12 65 � g � �� I � � : �� _ � � . � �� ! €< i � �� g .� Es e��.. � �S� � � �y�� R ff �� `g � �8 � �� E� � gR S � �� L� � �� E � e � �' e ��i � � $ $ � . � � �, ��s�f : @ . � e � � � . � �� ._ � �� E� � � ' ��' � � � � � �� _ �€ € � � �� I � �E� � �� t�� 3 � � �t�� r �� ` � � � t� �� r �� . . . . 6 � E �� i � � � � E � F �� 5� � - �� , °� � � � € �_ � � �� E � � � �t�� I �� k�� F � �� R � �� _� �� _ � °�� s �� F � � �� ggE ` ��__ � �_ � ; F. 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'•. . � . . . . ��$� . � . . . . . .. . . . . = . • • � � CffY OF FRIDLEY Date To: AGENDA ITEM CITY COUNCIL MEETING OF JANUARY 23, 2006 January 18, 2006 Wlliam Burns, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Coordinator Stacy Stromberg, Planner Subject: Special Use Permit Request, SP #06-01, Totino Grace High School M-06-16 INTRODUCTION The petitioner, Mr. Maurelli of RSP Architects, who is representing Totino Grace, is seeking a special use permit to recognize an existing private school as a special use in an R-1, Single Family zoning district, located at 1350 Gardena Avenue. The existing private school has been in existence in this location since the school was constructed in 1965. A special use permit; however, has never been obtained for the school. This special use permit request is coming to us at this time because the school is seeking a variance and building permit to renovate the school auditorium. Private schools are a permitted special use in the R-1, Single Family zoning district, subject to the stipulations suggested by staff. Even though Totino Grace is not proposing to expand the footprint of the existing school building, staff determined that it was necessary to bring them through the special use permit process at this time since they are requesting a variance. In addition to this special use permit request, the petitioner is also seeking a variance to increase the height of the existing auditorium. The auditorium is located near the center of the existing school building. City Code requires a 30 ft. maximum height in the R-1, Single Family zoning district and the petitioner is seeking to increase that height requirement to 48 ft. only in the location of the auditorium within the school building. PLANNING COMMISSION RECOMMENDATION At the January 4, 2006, Planning Commission meeting, a public hearing was held for SP #06- 01. After a brief discussion, the Planning Commission recommended approval of SP #06-01, with the stipulations as presented. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMENDATION City Staff recommends concurrence with the Planning Commission. As a result of discussions at the Planning Commission, City Staff also recommends a small modification to stipulation #2, which requires the petitioner to comply with building, fire and ADA requirement for any new construction, alteration, or renovation done on the site. The change clarifies what will trigger the property to come into compliance with the above requirements. STIPULATIONS 1. The petitioner shall obtain all necessary permits prior to construction. 2. The petitioner shall meet all building, fire, and ADA requirements for any new construction, alteration or renovation done on the site. 3. The subject property shall be maintained free of any and all construction debris. 4. Construction vehicles shall not bring materials before 7:00 am. or after 9:00 p. m. 5. The addition shall be architecturally compatible with the existing building and finished with complementary exterior building materials and color scheme. 6. At which time the square footage of any of the school buildings are expanded, the property shall come into compliance with all parking code requirements. City of Fridley Land Use Application SP #06-01 January 4, 2006 GENERAL INFORMATION SPECIAL INFORMATION Applicant: RSP Architects Steve Maurelli 1220 Marshall St NE Minneapolis MN 55413 Requested Action: Special use permit to recognize an existing private school in an R-1 zoning district Existing Zoning: R-1 (Single Family) Location: 1350 Gardena Avenue NE (Totino Grace High School) Size: 1.318.553 sa. ft. 30.3 acres Existing Land Use: Private School Surrounding Land Use & Zoning: N: Islamic Center & Single Family & R-1 E: Single Family & R-1 S: Single Family & R-1 W: Single Family & R-1 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Sec. 205.07.1.C.(3) requires a special use permit for private schools. Zoning History: 1965 — School is built. 1970 — Garage is built. 1977 — Addition to school. 1988 — Addition to garage. 1994 — Lot is platted. 1996 — Garage demolished. 1996 — New garage constructed. 1999 — Special use permit granted to allow a new running track. 1999 — New running track constructed. 2003 — Variance approved to reduce the parking stall width from 10 ft. to 9 ft. 2003 — New parking area constructed. Legal Description of Property: Lot 10, Block 1, Totino Grace Addition Public Utilities: Building is connected. Transportation: Gardena Avenue and Arthur Street provide access to the property. Physical Characteristics: Buildings, parking areas, running track, pond, and wooded area. SUMMARY OF PROJECT The petitioner, Mr. Maurelli of RSP Architects, who is representing Totino Grace, is seeking a special use permit to allow an existing private school to exist as a special use in an R-1, Single Family zoning district, located at 1350 Gardena Avenue. SUMMARY OF ANALYSIS City Staff recommends approval of this special use permit, with stipulations. Private Schools are a permitted special use in the R-1 zoning district. Existing School Building CITY COUNCIL ACTION/ 60 DAY DATE City Council — January 23, 2006 60 Day — January 30, 2006 Staff Report Prepared by: Stacy Stromberg SP #06-01 REQUEST The petitioner, Mr. Maurelli of RSP Architects, who is representing Totino Grace, is seeking a special use permit to recognize an existing private school as a special use in an R-1, Single Family zoning district, located at 1350 Gardena Avenue. The existing private school has been in existence in this location since the school was constructed in 1965. However, a special use permit has never been obtained for the school. This special use permit request is coming to us at this time because the school is seeking a variance and building permit to renovate the school auditorium. SITE DESCRIPTION AND HISTORY The subject property is zoned R-1, Single Family as are all surrounding properties. The property is located on Gardena Avenue, east of Central Avenue and is approximately 27 acres in size. The parcel of land is comprised of a private school and other building associated with the school, track and field facilities, ball fields, parking lots, and a storm water pond. The school was constructed in 1965, with an addition constructed in 1977. Since the time of its construction, there have been additional modifications to the interior and exterior of the school. Totino Grace is a co-educational Catholic high school, which provides education to approximately 1,020 children in grades 9-12. � �� ' Totino Grace ' ' High School �-"� � �� y �''�� I �� t ``w.: � � I' � � � �"� s Zoning Map of Property In 2003, the City Council approved a variance request, by Totino Grace High School, to reduce the width of parking stalls from 10 ft. to 9 ft. to allow an expansion of a parking lot. In 1999, a special use permit was issued for the property to allow the school to upgrade the existing track and field facility. Although a special use permit was approved at this time, it was for the track and field facility only and not the school as a whole. ANALYSIS AND CODE REQUIREMENTS Private schools are a permitted special use in the R-1, Single Family zoning district, provided that the proposed expansion complies with the requirements for the special use permit, subject to the stipulations suggested by staff. Totino Grace has existed on this site since 1965; however, a special use permit has never been obtained for the school. Therefore, the petitioner is seeking this special use permit. Aerial of Property The property complies with all setback and lot coverage requirements. In addition to this special use permit request, the petitioner is also seeking a variance to increase the height of the existing auditorium. The auditorium is located approximately in the center of the existing school building. City Code requires a 30 ft. maximum height in the R-1, Single Family zoning district and the petitioner is seeking to increase that height requirement to 48 ft. only in the location of the auditorium within the school building. This variance will allow the renovation of the school auditorium, by increasing the height and increasing the number of seats. However, the building footprint will not change. The reason for the height increase is to create a functional theatre in which theatrical, choral, or orchestral productions can be better produced. By increasing the height of the space in the theater, the theatre will better be able to accommodate production catwalks, increase the proscenium opening and allow a fly loft over the stage, all of which will better service the school and their productions. The reason the number of seats will increase within the auditorium is because the fly loft will allow a more efficient type of storage system, which will in turn allow the existing stage to be reduced in size. This variance request will go before the Appeals Commission on January 11, 2006. RECOMMENDATIONS City Staff recommends approval of this special use permit request as private schoo/s are a permitted special use in the R-1, Single-Family zoning district, subject to stipulations. STIPULATIONS Staff recommends that if the special use permit is granted, the following stipulations be attached. 1. The petitioner shall obtain all necessary permits prior to construction. 2. The petitioner shall meet all building, fire, and ADA requirements. 3. The subject property shall be maintained free of any and all construction debris. 4. Construction vehicles shall not bring materials before 7:00 am. or after 9:00 p. m. 5. The addition shall be architecturally compatible with the existing building and finished with complementary exterior building materials and color scheme. 6. At which time the square footage of any of the school buildings are expanded, the property shall come into compliance with all parking code requirements. 1. Totino-Grace is currently planning for a renovation within their existing auditorium space. The footprint within the bui�ding will not change — the renovation is primarily increasing the height of the space in arder to accommodate production catwalks, increased proscenium opening and a fly loft over the stage. The intention is to create a functional theatre in which theatrical, choral and orchestral productions can be better produced. The space to be renovated is in approximately the center of the existing building. Refer to on Drawings 1 and 2. 2. Due to the size of the school, the e�cisting auditorium space must serve many functions simultaneously, and change-over of the space is time-consuming. This change-over difficulty currently restricts utilization of the space by all the various programs that would like to use it. As such, the ability to "fly" scenery and backdrops is one of the prime objectives of the renovation. This will greatly enhance the multi-use capabilities of the space, as well as serve to facilitate grander theatrical productions. � 4. 5. The proscenium opening will be enlarged from 13' to 18' tall. This increased height is more in keeping with proscenium openings of comparable-sized theatrical spaces. As a rule-of-thumb, stage houses should be a minimum of 2'/2 times the height of the proscenium in order to accommodate scenery that both fills the proscenium when down, yet is out of sight when "flown". This requires the stage to be at least 45' (2'h x 18') cleaz to the bottom of the roof structure. Additionally, due to code considerations, the height of the stage area will not exceed 50', inclusive of roof structure depth. The school property is zoned R-1 . The existing school building is in the middle of a single-family residential neighborhood near the intersection of Gardena Avenue and Arthur Street. Matterhorn Drive is beyond the parking and sta.dium to the west and Royal Oak Court is beyond the Brothers Residence with a wetland area to the south. All homes are located on the opposite side of the adjacent streets from the schooL The variance request is to allow a height inerease from 30' to 48' per 205.07.4.A of the Fridley City Code. Although the theatre is a considerable distance from the exterior, we are using an exterior grade elevation of 960'-0" from which to measure height. This is � 12" below finish floor and is conservative, since the grade slopes up to as much as 973.0' along the east elevation. The roof height is based upon an avera�e height of the sloped roof as shown on Drawing 4 which is attached. Note that the average height is currently shown to be 46', but an additional 2' is being requested in order to accommodate roof thiclrness and the possibility of minor slope revisions, if needed during development of the design. The maximum height is currently shown to be 53'- 6", and that height will be maintained as the maximum. 6. Statements of Hardship a: The property cannot be put to reasonable use if used under the requirements of the code. . The exisring school is slab on grade, and all spaces adjacent to the auditorium are at - the same elevation. Both the stage and theatre entries are flush with the adjacent � floors. In order to provide accessibility and maintain safe egress, this will be maintained, so we have not lowered the stage floor. - 72 Page l ' As discussed above, the stage house needs to be at least 45' clear from floor to roof " structure in order to be functional for its intended use. Under the requirements of the code (30' height), a functional stage house is precIuded, so the requested variance is a necessity in order to accommodate this use of the space. � b. The need for the variance is due to the conditions unique to the property and not created by actions of the landowner. As discussed above, the requested height variance is a necessity of its function. The owner ha.s neither created this condition, nor could the owner provide a functional sta.ge house in any other way. As with all schools, Totino-Grace strives to provide optimal learning environments for all its programs. The need to update the theatre space is founded in a desire to better facilita.te the multiple (and expanding) programs. Annually, various school programs stage 16-18 theah�ical productions, 4 instrumental concerts and 7 choral performances in the space — although with difficulty. Additionally, theatre classes are ta.ught within the space, as well as occasional prayer services, weddings and funerals. We are aware of three other high school theatres currently under cons�uction — Lakeville, Shakopee and Edina. The proposed Totino-Grace theatre is comparable to those 3 with respect to appurtenances, although it has a smaller prosceniuxn and fewer seats. The need to provide a more sophisticated theatre is well founded with respect to what other schools are providing in order to meet the new expectations of their students and parents. c. The variance, ifg�-anted, will not alter the character of the neighborhood. The vaxiance requested is for only a specific portion of the existing school building as shown on the site plan (Drawing 1) attached to this submittal. The new theatre space is 215' from tlie north property line (Ga.idena) and 318' from the east property line (Arthur), so it should have no shadowing effect on the adjacent houses. We also feel that the distance from the streets will result in the added height having no perceived effect on the spatial character of either street. As modeled on Drawing 7, the high roof area is not apparent from many portions of the neighborhood to the west due to the lower grades in that area. The existing auditorium has 298 seats. The new theatre will have approximately 320 seats (exact count is not yet finalized), so there will be no appreciable traffic increase due to increased capacity. . We do�not believe the height increase will alter the character of the neighborhood, but aclrnowledge that area residents may disagree. We offer the observations in support of our position: 1. If single-family houses were built in lieu of the school, they could be built within 25' of the property line and be 30' ta1T to the average roof height. We have indicated these potential allowable residential configurations on • Drawings 3 and 4 which are attached, as well as the proposed theatre configuration. As represented on those drawings, the sightlines are far less obstructed than they would be by an "allowable" single family residence. 73 Page 2 We believe granting of tliis variance request meets the spirit of the � . ordinance. _ 2. Theatres are a pernutted use in G2 districts. This property (Totino-Grace) is not zoned G2, and we are not requesting that; however, we offer it for comparative purposes. In C-2 districts, 205.14.4 A of Fridley City Code allows a maximum height of 65' if the structure is at lea.st 50' from any R-1 or R-2 district. On the north (Gardena) side, the existing building is 90' -- - from the propertyline and the theatre space is 215' from the property line. On the east (Arthur) side, the existing building is 110' from the property ' line and the theatre space is 318' from the property line. The area far which a height variance is sought is considerably further from residences than 65' — the distance deemed an adequate separa.tion to preserve the character of residential neighborhoods when abutting other dis�icts that allow similaaz uses. Therefore, we believe the variance request meets the spirit of the ordinance for this use abutting an R-1 district — albeit on a differently-zoned parceL 74 Page 3 � � CffY OF FRIDLEY Date To: AGENDA ITEM CITY COUNCIL MEETING OF JANUARY 23, 2006 January 18, 2006 Wlliam Burns, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Coordinator Stacy Stromberg, Planner Subject: Variance Request, VAR #06-01, Totino Grace High School M-06-18 INTRODUCTION The petitioner, Mr. Maurelli of RSP Architects, who is representing Totino-Grace High School, which is located at 1350 Gardena Avenue, is seeking a variance to increase the maximum height of a portion of the school building from 30 ft. to 48 ft. The variance request is being requested to allow the renovation of the school auditorium. City Code requires a maximum height of 30 ft. for all building in an R-1, Single Family zoning district. The petitioner is seeking to increase that height requirement to 48 ft. only for the auditorium building within the school campus. This variance will allow the renovation of the school auditorium, by increasing the height and increasing the number of seats. However, the building footprint will not change. The reason for the height increase is to create a functional theatre in which theatrical, choral, or orchestral productions can be better produced. By increasing the height of the space in the theater, the theatre will better be able to accommodate production catwalks, increase the proscenium opening and allow a fly loft over the stage, all of which will better service the school and their productions. The reason the number of seats will increase within the auditorium is because the fly loft will allow a more efficient type of storage system, which will in turn allow the existing stage to be reduced to its original size. APPEALS COMMISSION RECOMMENDATION At the January 11, 2006, Appeals Commission meeting, a public hearing was held for VAR #06- 01. After a brief discussion, the Appeals Commission recommended approval of the variance, with the stipulations presented by staff. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMENDATION City Staff recommends concurrence with the Appeals Commission. STIPULATIONS 1. The petitioner shall obtain all necessary permits prior to construction. 2. The petitioner shall meet all building, fire, and ADA requirements for any new construction, alteration or renovation done on the site. 3. The subject property shall be maintained free of any and all construction debris. 4. Construction vehicles shall not bring materials before 7:00 am. or after 9:00 p. m. 5. The addition shall be architecturally compatible with the existing building and finished with complementary exterior building materials and color scheme. 6. At which time the square footage of any of the school buildings are expanded, the property shall come into compliance with all parking code requirements. City of Fridley Land Use Application VAR #06-01 January 11, 2006 GENERAL INFORMATION SPECIAL INFORMATION Applicant: RSP Architects Steve Maurelli 1220 Marshall St NE Minneapolis MN 55413 Requested Action: Variance to increase the maximum heiaht of a buildina Existing Zoning: R-1 (Single Family) Location: 1350 Gardena Avenue NE (Totino Grace High School) Size: 1,318,553 sa. ft. 30.3 acres Existing Land Use: Private School Surrounding Land Use & Zoning: N: Islamic Center & Single Family & R-1 E: Single Family & R-1 S: Single Family & R-1 W: Single Family & R-1 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Sec. 205.07.4.A requires a maximum height of 30 ft from finished grade for any building. Zoning History: 1965 - School is built. 1970 - Garage is built. 1977 - Addition to school. 1988 - Addition to garage. 1994 - Lot is platted. 1996 - Garage demolished. 1996 - New garage constructed. 1999 - Special use permit granted to allow a new running track. 1999 - New running track constructed. 2003 - Variance approved to reduce the parking stall width from 10 ft. to 9 ft. 2003 - New parking area constructed. Legal Description of Property: Lot 10, Block 1, Totino Grace Addition Public Utilities: Building is connected. Transportation: Gardena Avenue and Arthur Street provide access to the property. Physical Characteristics: Buildings, parking areas, running track, pond, and wooded area. SUMMARY OF PROJECT The petitioner, Mr. Maurelli of RSP Architects, who is representing Totino Grace, is seeking a variance to increase the maximum height of a portion of the school building from 30 ft. to 48 ft. to allow the renovation of the school auditorium. SUMMARY OF HARDSHIP "Totino-Grace is currently planning for a renovation within their existing auditorium space. The footprint within the building will not change — the renovation is primarily increasing the height of the space in order to accommodate production catwalks, increase proscenium opening and a fly loft over the stage. The variance requested is for only a specific portion of the existing school building. The new theatre space is 215 ft. from the north property line and 318 ft. for the east property line, so it should have no shadowing effect on the adjacent houses. We also feel that the distance from the streets will result in the added height having no perceived effect on the spatial character of either street "— also see attached hardship statement. - Steve Maurelli, RSP Architects SUMMARY OF ANALYSIS City Staff recommends approval of this Existinq School Buildinq CITY COUNCIL ACTION/ 60 DAY DATE City Council - January 23, 2006 60 Day - February 6, 2006 Staff Report Prepared by: Stacy Stromberg VAR #06-01 REQUEST The petitioner, Mr. Maurelli of RSP Architects, who is representing Totino-Grace High School, which is located at 1350 Gardena Avenue, is seeking a variance to increase the maximum height of a portion of the school building from 30 ft. to 48 ft. The variance request is being requested to allow the renovation of the school auditorium. SITE DESCRIPTION AND HISTORY The subject property is zoned R-1, Single Family as are all surrounding properties. The property is located on Gardena Avenue, east of Central Avenue and is approximately 27 acres in size. The parcel of land is comprised of a private school and other buildings associated with the school, track and field facilities, ball fields, parking lots, and a storm water pond. The school was constructed in 1965, with an addition constructed in 1977. Since the time of its construction, there have been additional modifications to the interior and exterior of the school. Totino-Grace is a co-educational Catholic high school, which provides education to approximately 1,020 children in grades 9-12. � �� ' Totino-Grace ' ' High School ' ��'� ' �- ��.� � �� m ��I �� x � _ � }} � ,?� � ��. Zoning Map of Property � In 2003, the City Council approved a variance request, by Totino-Grace High School, to reduce the width of parking stalls from 10 ft. to 9 ft. to allow an expansion of a parking lot. In 1999, a special use permit was issued for the property to allow the school to upgrade the existing track and field facility. Although a special use permit was approved at this time, it was for the track and field facility only and not the school as a whole. Therefore, the petitioner is also seeking a special use permit to recognize a private school in an R-1, Single Family zoning district. This request went before the Planning Commission on January 4, 2006. The petitioner states that Totino-Grace needs to update the theater at their school to better facilitate the school's multiple and expanding programs. Annually, various school programs stage 16-18 theatrical productions, four instrument concerts, and seven choral performances in the space that they desire to expand. Additionally, theatre classes are taught in the space, as well as prayer services, weddings, and funerals. ANALYSIS AND CODE REQUIREMENTS City Code requires a maximum height of 30 ft. for all building in an R-1, Single Family zoning district. The petitioner is seeking to increase that height requirement to 48 ft. only for the auditorium building within the school campus. This variance will allow the renovation of the school auditorium, by increasing the height and increasing the number of seats. However, the building footprint will not change. The reason for the height increase is to create a functional theatre in which theatrical, choral, or orchestral productions can be better produced. By increasing the height of the space in the theater, the theatre will better be able to accommodate production catwalks, increase the proscenium opening and allow a fly loft over the stage, all of which will better service the school and their productions. The reason the number of seats will increase within the auditorium is because the fly loft will allow a more efficient type of storage system, which will in turn allow the existing stage to be reduced to its original size. School officials state that the size of the stage in the auditorium has been increased over the years to allow room for scenery. Therefore, the seating being added as part of the roof expansion is only restoring the original number of seats that the auditorium used to accommodate. The auditorium is located approximately in the center of the existing school building. Aerial of Property Approximate location of school auditorium The petitioner has provided model drawings and elevations, which demonstrate the effect of the added height to the roof of the auditorium building. As the auditorium lies closest to Gardena and Arthur Streets, they have made calculations showing the line of sight impacts from those two streets. Since the elevation of the building is six feet lower that the street, line of sight views will be less impacted by the theater roof height extension from Gardena Avenue than a typical residential home would. The same impact is true for Arthur Street on the east end of the site. You may note that the drawings show a 46' to midpoint roof line. However, the petitioner is requesting a variance to 48' in order to accommodate roof thickness and the possibility of minor slope revisions, if needed during development of the design. In addition, the petitioner states that lowering the stage floor is not feasible. All of the existing school buildings are slab on grade, and all spaces adjacent to the auditorium are at the same elevation. Both the stage and theatre entries are flush with the adjacent floors. In order to provide accessibility and maintain safe egress, they state that they cannot lower the stage floor. Currently, Totino-Grace has 366 parking stalls. City Code requires 374 parking stalls; therefore, the property falls short of ineeting the parking requirements by 8 stalls. Staff recommends that if any of the buildings on the site are expanded in a way that increases their square footage, the property will be required to come into compliance with all parking requirements at that time. The property complies with all setback and lot coverage requirements. SUMMARY OF HARDSHIP "Totino-Grace is currently planning for a renovation within their existing auditorium space. The footprint within the building will not change — the renovation is primarily increasing the height of the space in order to accommodate production catwalks, increase proscenium opening and a fly loft over the stage. The variance requested is for only a speci�c portion of the existing school building. The new theatre space is 215 ft. from the north property line and 318 ft. for the east property line, so it should have no shadowing effect on the adjacent houses. We a/so feel that the distance from the streets will result in the added height having no perceived effect on the spatial character of either street."— a/so see attached hardship statement. - Steve Maurelli, RSP Architects RECOMMENDATIONS City Staff recommends approval of this variance request, subject to stipulations. ➢ As the added building height will have little visual impact to the residential character of the neighborhood due to the building's distance from the street. ➢ The added height request is a reasonable request that modern theater production requires. STIPULATIONS Staff recommends that if the variance is granted, the following stipulations be attached. 1. The petitioner shall obtain all necessary permits prior to construction. 2. The petitioner shall meet all building, �re, and ADA requirements for any new construction, alteration or renovation done on the site. 3. The subject property shall be maintained free of any and all construction debris. 4. Construction vehicles shall not bring materials before 7:00 am. or after 9:00 p. m. 5. The addition shall be architecturally compatible with the existing building and finished with complementary exterior building materials and color scheme. 6. At which time the square footage of any of the school buildings are expanded, the property shall come into compliance with all parking code requirements. 1. Totino-Grace is currently planning for a renovation within their existing auditorium space. The footprint within the building will not change — the renovation is primarily increasing the height of the space in order to accommodate production catwalks, increased proscenium opening and a fly loft over the stage. The intention is to create a - functional theatre in which theatrical, choral and orchestral productions can be better produced. The space to be renovated is in approximately the center of the existing building. Refer to on Drawings 1 and 2. 2. Due to the size of the school, the e�sting auditorium space must serve many functions simultaneously, and change-over of the space is time-consuming. This change-over difficulty currently restricts utilization of the space by all the various programs that would like to use it. As such, the ability to "fly" scenery and backdrops is one of the prime objectives of the renovation. This will greatly enhance the multi-use capabilities of the space, as well as serve to facilitate grander theatrical productions. 3. The proscenium opening will be enlarged from 13' to 18' tall. This increased height is more in keeping with proscenium openings of comparable-sized theatrical spaces. As a rule-of-thumb, sta.ge houses should be a minimum of 2'/a times the height of the proscenium in order to accomrnodate scenery that both fills the proscenium when down, yet is out of sight when "flown". This requires the stage to be at least 45' (2'/z x 18') clear to the bottom of the roof structure. Additionally, due to code considerations, the height of the stage area will not exceed 50', inclusive of roof structure depth. 4. The school property is zoned R-1. The existing school building is in the middle of a single-family residential neighborhood near the intersection of Gardena Avenue. and Arthur Street. Matterhorn Drive is beyond the parldng and sta.dium to the west and Royal Oak Court is beyond the Brothers Residence with a wetland a.rea to the south. All homes are located on the opposite side of the adjacent streets from the school. 5. The variance request is to allow a height increase from 30' to 48' per 205.07.4.A of the Fridley City Code. Although the theatre is a considerable distance from the exterior, we are using an exterior grade elevation of 960'-0" from which to measure height. This is 12" below finish floor and is conservative, since the grade slopes up to as much as 973.0' along the east elevation. The roof height is based upon an avera e height of the sloped roof as shown an Drawing 4 which is attached. Note that the average height is currently shown to be 46', but an additional2' is being requested in order to accommodate roof thiclrness and the possibility of minor slope revisions, if needed during development of the design. The maximuxn height is currently shown to be 53'- 6", and that height will be maintained as the maximum. 6. Statements of Hardship a. The property cannot be put to reasonable use if used under the requirements of the code. . The existing school is slab on grade, and all spaces adjacent to the auditorium are at the same elevation. Both the stage and theatre entries are flush with the adjacent floors. In order to provide accessibility and maintain safe egress, this will be maintained, so we have not lowered the stage floor. : Page 1 As discussed above, the stage house needs to be at least 45' clear from floor to roof structure in order to be functional for its intended use. Under the req•airements of � the code (30' height), a functional stage house is precluded, so the requested . variance is a necessity in order to accommodate this use of the space. b. The need for the variance is due to the conditions unique to the properiy and not created by actions of the landowner. As discussed above, the requested height variance is a necessity of its function. The owner has neither created this condition, nor could the owner provide a functional stage house in any other way. As with all schools, Totino-Crrace shives to provide optimal leaming envitonments for all its programs. The need to update the theatre space is founded in a desire to better facilitate the multiple (and expanding) programs. Annua.11y, various school programs stage 16-18 theatrical productions, 4 instrumental concerts and 7 choral performances in the space — although with difficulty. Additionally, theatre classes are taught within the space, as well as occasional prayer services, weddings and ; funerals. We are awaze of three other high school theatzes currently under construction — Lakeville, Shakopee and Edina. The proposed Totino-Grace theatre is comparable to those 3 with respect to appurtenances, although it has a smaller proscenium and fewer seats. The need to provide a more sophisticated theatxe is well founded with respect to what other schools are providing in order to meet the new expectations of their students and parents. c. The variance, if granted, will not alter the char. acter of the neighborhood. The variance requested is for only a specific portion of the existing school building � as shown on the site plan (Drawing 1) attached to this submittal. The new theatre - space is 215' from the north property line (Gaidena) and 318' from the east property line (Arthur), so it should have no shadowing effect on the adjacent houses. We also feel that the distance from the streets will result in the added height having � no perceived effect on the spatial character of either street. As modeled on Drawing 7, the high roof area is not apparent from many portions of the neighborhood to the west due to the lower grades in that azea. The existing auditorium has 298 seats. The new theatre will have approximately 320 seats (exact count is not yet finalized), so there will be no appreciable traffic increase due to increased capacity. . We do�not believe the height increase will alter the character of the neighborhood, ' but aclrnowledge that azea residents may disagree. We offer the observations in support of our position: L If single-family houses were built in lieu of the school, they could be built within 25' of the property line and be 30' tall to the average roof height. _ We have indicated these potential allowable residential configurations on � - Drawings 3 and 4 which are attached, as well as the proposed theatre configuration. As represented on those drawings, the sightlines are far less "_ obstructed than they would be by an"allowable" single familyresidence. ' 82 Page 2 We believe granting of tl:is variance request meets ihe spirit of the • ordinance. � 2. Theatres are a pemzitted use in C-2 districts. This property (Totino-Crrace) is not zoned G2, and we are not requesting that; however, we cffer it for comparative purposes. In C-2 districts, 205.14.4 A of Fridley City Code allows a maximum height of 65' if the st�'ucture is at least 50' from any R-1 or R-2 district. On the north (Gardena) side, the existing building is 90' from the property line and the theatre space is 215' from the property line. On the east (Arthur) side, the existing building is 110' from the properiy line and the theatre space is 318' from the property line. The area for which a height variance is sought is considerably further from residences than 65' — the distance deemed an adequate separation topreserve the character of residential neighborhoods when abutting other districts that allow similai uses. Therefore, we believe the variance request meets the spirit of the ordinance for this use abutting an R-1 dishict — albeit on a differently-zoned parceL �,ntl c�f :tiarratit-i „ 83 Page 3 , : � � : �400 _ � II � - ��=--�,.. . J �I �y r�� 1' �t 1 .. . 'I k f','. .I� '�.. W �� p r� .j �,• 1) �-�/ , � .. ( /, '� r� . r�� '`}��!'i. '/j �/ �: '�'^� �'�'4„�� i� �tt . I , � �' J � � �;'� �n � �' � ��ii��i�v� � i� � . 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W � r M W � Y c� � �N � O o � Z � � " d � d >- �o •o W �' , a .a c. e I-- Z W C� Z ' W Y �� Q ` E . •t�t �ii � x o u . � �. � � � � � W w � � . � � � G � V W •n � j� �. y � . � . O �� d�� y�`sz�a �„(� CC .- � � eo �o � > W � � �� I �► r � _ _ ____— .. � � � . . � � CffY OF FRIDLEY Date To: AGENDA ITEM CITY COUNCIL MEETING OF JANUARY 23, 2006 January 18, 2006 Wlliam Burns, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Coordinator Stacy Stromberg, Planner Subject: Variance Request, VAR #06-02, Rice Creek Townhomes M-06-19 INTRODUCTION Bruce Odlaug, of Lindquist & Vennum, who represents the owner of Rice Creek Townhomes, located at 1560 69th Avenue, is seeking a variance to reduce the side yard setback from 15 feet to 13.2 feet to recognize an existing non-conforming setback of the townhome buildings on the south side of the development. The petitioner was also seeking a variance to reduce the required amount of parking stalls for the development from 353 spaces to 309 spaces, which would allow the parking to exist on the site as it does today. Staff and the petitioner met to discuss the possibility of constructing additional parking stalls at the complex to meet current code requirements. As a result of that meeting, the petitioner has request a continuance for the portion of his variance related to parking. He has waived the 60-day requirement, which will give him the time he needs to obtain a proposal or bid from a contractor to determine the feasibility and cost of adding additional parking spaces. This request is coming to the City as a result of the property owners desire to re-finance their property. Their Lenders are requiring variances to recognize any non-conformities or deficiencies to provide assurance that their investment is secure in the event of damage that would require rebuilding. New State Legislation; however, allows any non-conformity to continue, including those created through repair, replacement, restoration, maintenance, or improvement. City Code requires an interior side yard setback of 15 ft. for all building under 35 ft. in height in an R-3, Multi-Family zoning district. The subject property is bordered by Anoka Street to the west, 69th Avenue to the north, Stinson Blvd. to the east and has 68th Avenue running straight through it. City Code requires that the narrowest street frontage be considered the front yard; therefore, Stinson Avenue is considered the front yard of the development. The petitioner is seeking to recognize the existing side yard setback on the south side of the development for the buildings located at 1578-88 68th Avenue, 1620-1630 68th Avenue, and 1660-70 68th Avenue. As the closer point, the building at 1660-70 68th Avenue is 13.2 feet from the property line; therefore the petitioner is seeking a variance to reduce the side yard setback from 15 ft. to 13.2 feet. Granting this variance will simply recognize the existing non-conforming setback. APPEALS COMMISSION RECOMMENDATION At the January 11, 2006, Appeals Commission meeting, a public hearing was held for VAR #06- 02, related to the side yard setback variance. After a brief discussion, the Appeals Commission recommended approval of the variance, with the stipulations presented by staff. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMENDATION City Staff recommends concurrence with the Appeals Commission. City of Fridley Land Use Application VAR #06-02 January 11, 2006 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Bruce Odlaug Lindquist & Vennum P.L.L.P. 4200 I DS Center 80 South 8th Street Mqls MN 55402 Requested Action: Variance reducing the side yard setback Variance reducing the required amount of qarkina stalls. Existing Zoning: R-3 (Multi-Family; Location: 1560 69th Avenue Size: 614,799 sq. ft. 14.11 acres Existing Land Use: Rice Creek Townhomes Surrounding Land Use & Zoning: N: Medtronic & Onan Corp. & M-2 E: City Limits S: City and County Park land W: Timber Ridge Townhomes & R-2 Comprehensive Plan Conformance: Use of property is consistent with plan Zoning Ordinance Conformance: Section 205.09.3.D.(2).((a)) requires a side yard setback of fifteen (15) feet. Section 205.09.5.C.(1) requires at least one and one-half (1 'h) parking spaces per one (1) bedroom unit, plus one-half (1/2) space for each additional bedroom unit per dwelling unit. Zoning History: ■ Property has never been platted and consists of 27 town home buildings. ■ All 27 buildings consist of 4, 5, and 6 town home units and were constructed in 1972. Legal Description of Property: The east three fourths of the northeast quarter of the northeast quarter of Section 13, Township 30, Range 24, except that part thereof included in the Minnesota Transfer Railway Company right-of-way, and also except there from the south 687 feet thereof, Anoka Countv. Minnesota. Public Utilities: All buildings are connected. Transportation: 68`" Avenue, Anoka Street, 68`" Avenue (private road), and Stinson Blvd. provide access to the property. Physical Characteristics: Lot consists of the town home buildings, parking garages, parking lots, and landscaped areas. SUMMARY OF PROJECT Mr. Odlaug, of Lindquist & Vennum, who is representing Rice Creek Townhomes, is requesting to reduce the side yard setback from 15 ft. to 13.2 ft. to recognize an existing non- conforming setback and a variance to reduce the required amount of parking stalls from 353 spaces to 309 spaces, to allow the parking to exist as it is today, at Rice Creek Townhomes, located at 1560 69th Avenue. SUMMARY OF HARDSHIP "The developer donated a portion of the land located to the South for use as a park and to essentially add requested green space to the development. However, this donation and subsequent requirements, created a non- conforming status on the side yard. The allotted amount of parking spaces has proven quite satisfactory for this development, and no request for additional parking was made by the City 18 months after completion of the project. " - Bruce Odlaug SUMMARY OF ANALYSIS City Staff recommends approval of the variance to reduce the side yard setback. ■ Recognizes an existing non-conformity. ■ Should not set a precedent for existing or future properties. City Staff recommends denial of the variance to reduce the amount of parking stalls. ■ Property has a parking problem. ■ Fire access has been compromised during an emergency as a result of parking on 68tn Avenue. CITY COUNCIL ACTION/ 60 DAY DATE City Council — January 23, 2006 60 Day — February 6, 2006 Staff Report Prepared by: Stacy Stromberg VAR #06-02 REQUEST Bruce Odlaug, of Lindquist & Vennum, who represents the owner of Rice Creek Townhomes, located at 1560 69th Avenue, is seeking a variance to reduce the side yard setback from 15 feet to 13.2 feet to recognize an existing non-conforming setback of the townhome buildings on the south side of the development. The petitioner is also seeking a variance to reduce the required amount of parking stalls for the development from 353 spaces to 309 spaces, which would allow the parking to exist on the site as it does today. Both of these requests are coming to the City as a result of the property owners desire to re-finance their property. Their Lenders are requiring variances to recognize any non- conformities or deficiencies to provide assurance that their investment is secure in the event of damage that would require rebuilding. However, new legislation was recently passed through State Statutes that would allow any non-conformity to continue, including through repair, replacement, restoration, maintenance, or improvement, but not expanded. SITE DESCRIPTION/HISTORY The subject property is located on 69th Avenue, east of Central Avenue and is zoned R- 3, Multi-Family. According to building permit records, on September 30, 1969, the City of Fridley entered into an agreement with Carl Hipp (former fee owner of the subject property) to rezone the subject property from R-1, Single Family to R-3, Multi-Family, upon Mr. Hipp conveying to the City a portion of the property for city park purposes and an additional portion of land for highway and utility right-of-way. Mr. Hipp then conveyed the subject property to Rice Creek Developers, who in turn complied with the agreement and deeded to the City the portion of land for the park and dedicated the easement required, so the R-3 rezoning could be obtained. As a result of the agreement made for park land, a City park was created south of the subject property. It is common practice for any new development to either deed land to the City for park land or to pay a park dedication fee. Cros: area : apprc park Dotted area signifies the Subject Property The subject property was then developed in 1972, consisting of a 141-unit townhome complex. There are 27; four, five and six unit buildings located on the property and all of the 141 units have three bedrooms. According to building permit records the certificate of occupancies were issued for all 27 building on December 19, 1973. Also located on the property are 154 garage stalls and 158 hard surface parking stalls, for a total of 309 parking spaces. CODE REQUIREMENTS City Code requires an interior side yard setback of 15 ft. for all building under 35 ft. in height in an R-3, Multi-Family zoning district. The subject property is bordered by Anoka Street to the west, 69th Avenue to the north, Stinson Blvd. to the east and has 68tn Avenue running straight through it. City Code requires that the narrowest street frontage be considered the front yard; therefore, Stinson Avenue is considered the front yard of the development. The petitioner is seeking to recognize the existing side yard setback on the south side of the development for the buildings located at 1578-88 68th Avenue, 1620-1630 68th Avenue, and 1660-70 68th Avenue. As the closer point, the building at 1660-70 68th Avenue is 13.2 feet from the property line; therefore the petitioner is seeking a variance to reduce the side yard setback from 15 ft. to 13.2 feet. Granting this variance will simply recognize the existing non-conforming setback. Aerial of property The petitioner is also seeking a variance to reduce the required amount of parking stalls from 353 spaces to 309 spaces, reducing the number of required parking spaces by 44 stalls. The R-3, Multi-Family zoning code requires at least 1%2 parking spaces per one (1) bedroom unit, plus a%2 space fro each additional bedroom unit per dwelling unit. Rice Creek Townhomes has 141, three bedroom units, therefore, each unit is required to have 2%2 parking spaces, for a total of 353 spaces. When the property was going through the development process in 1971, it was noted that the property was deficient in meeting the R-3 parking requirements. When the project was approved by the City Council on November 15, 1971, the City Council stipulated that the developer submit a letter to the City stating that they agree to put in the additional parking spaces if it proves necessary after a review within 18 months after the completion of the project. The address file doesn't clearly articulate whether or not the City determined if the parking was a problem 18 months after completion of the project, although one can assume that the entire development may have not been filled to capacity within 18 months of completion and that parking demands in 1971 are a lot different than they are today. Further review of the address file does clearly show that the development has had and continues to have a parking problem. There are several letters in the subject property's address file related to parking concerns on Anoka Street, 69th Avenue and Stinson Blvd. Both Anoka Street and Stinson Blvd. have a road surface width of 24 ft. If vehicles were to be parked on both sides of the street, it would be very difficult to get a car through and equally difficult to get a fire truck through in an emergency. Fridley's Fire Marshal has indicated that the Fire Department has had problems accessing the property as a result of vehicles parked on the street. As a result of the parking complaints made, Anoka Street has been posted, "No Parking." The north side of Stinson Blvd. is also posted, "Fire Lane, No Parking." However, vehicles are being parked on the south side of Stinson Blvd., along 69th Avenue and 68th Avenue (private street). Aerial photos of the development also show vehicles being parking on the street. As a result of the parking problems that exist on the site, staff would recommend denial of the parking variance and request that the property owner comply with the code requirements for parking. In order to comply with code requirements for parking, the property owner would need to install 44 additional parking stalls. The location and placement of these additional stalls shall be reviewed and approved by City planning staff and the Fire Marshal prior to installation. SUMMARY OF HARDSHIP "The developer donated a portion of the land located to the South for use as a park and to essentially add requested green space to the development. However, this donation and subsequent requirements, created a non-conforming status on the side yard. The allotted amount of parking spaces has proven quite satisfactory for this development, and no request for additional parking was made by the City 18 months after completion of the project." also see attached hardship statement - Bruce Odlaug RECOMMENDATIONS City Staff recommends approval of the variance to reduce the side yard setback. ■ Recognizes an existing non-conformity. ■ Should not set a precedent for existing or future properties. City Staff recommends denial of the variance to reduce the amount of parking stalls. ■ Property has a parking problem. ■ Fire access has been compromised during an emergency as a result of parking on 68th Avenue. � � CffY OF FRIDLEI' T0: FROM: DATE: RE: AGENDA ITEM CITY COUNCIL MEETING OF JANUARY 23, 2006 The Honorable Mayor and City Council William W. Burns, City Manager January 19, 2006 Vikings Stadium The attached resolution supports the statutory referendum requirement for any County-wide sales tax that may levied for a new Minnesota Vikings stadium in Anoka County. It has been reviewed by the City Attorney, Fritz Knaak. Attachment RESOLUTION NO. 2006 - RESOLUTION BY THE CITY OF FRIDLEY SUPPORTING THE STATUTORY REFERENDUM REQUIREMENT FOR ANY COUNTY-WIDE SALES TAX THAT MAY BE LEVIED FOR A VIHINGS STADIUM IN ANOKA COUNTY WHEREAS, Anoka County and the Minnesota Vikings are proposing to construct a sports stadium in the City of Blaine, Minnesota; and WHEREAS, six of seven Anoka County Commissioners propose to financially fund a portion of the stadium with a county-wide sales tax and other fees that will be paid by taxpayers; and WHEREAS, sales tax proponents favor increasing sales taxes to fund a stadium by voiding Minnesota Statute 297A.99, Local Sales Tax, Subdivision 3A, which requires approval by voters for a sales tax increase; NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Fridley, which is the representative government body of the residents of the City of Fridley, supports the statutory referendum requirement. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 2006. SCOTT J. LUND — MAYOR ATTEST: DEBRA A. SKOGEN — CITY CLERK � � AGENDA ITEM ��F CITY COUNCIL MEETING OF JANUARY 23, 2006 FRIDLEI' INFORMAL STATUS REPORTS