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06/12/2006 - 6102� � � CfTY OF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF JUNE 12, 2006 7:30 p.m. - City Council Chambers Attendance Sheet PLFAS'F PR/NT MAMF, AaDRFSS AND /TFM NUMSFR YOU AR� /NTFRFS'T�D /M. .> �� FRIDLEY CITY COUNCIL MEETING OF JUNE 12, 2006 - . _ � � CfiY OF fRmLEY 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 senrices, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxi{iary aids should contact Roberta Coflins at 572-3500 at ieast one week in advance. (TTD/572-3534) �.� 3�� PLEDGE OF ALLEGIANCE. PROCLAMATION: Stand for Children Day - June 17, 2006 2006 VALUES FIRST COMMUNITY RECOGNITION AWARDS: � NEW BUSINESS: �'�3 � �5� � '� 2. Resolution Determining that a Certain Parcel is Occupied by a Structurally Substandard Building and is to be Inctuded in a Tax Increment Financing District (6000 East River Road) (Ward 3) ...... 9-11 Business: McDonald's of Fridley - Mark Wheeldon Organization: Columbia Park Education & Research Foundation Individual: Dorothy Gargaro LEGISLATIVE UPDATE. G�If-�/�j��'I� APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of May 22, 2006 O1� ' OLD BUSINESS: , �a, 1. Second Reading of an Ordinance Repealing Chapter 105 of the Fridley City Code Pertaining to Landscape Maintenance and Adopt Official Title and Summary Ordinance ................................... 1 - 8 3. Appointment - City Employee ........... 12 4. Claims ................................... 13 5. Licenses 6. Estimates ................................... 14 -15 ................................... 16 u>l a-'�� ADOPTION OF AGENDA. ��j�A�j/A� OPEN FORUM NISITORSI: Consideration of Items not ,��genda -15 Minutes 6� `� c'7�p� b°r�,� �u l� .kr°X �` �,e �,,,,` x��i�� `' � ��` �n� �,�n _� �_fS" � � P Y'�� :�g�� Q��iy�� ; �' �� v � ° � to-�.� o �`� PUBLIC HEARINGS: r"� �� (� � s �/� � ��5� .�''.�,�� , ,2 X 7. Consider Suspension/Revocation of Renta�+�,- w� �°� Property License (Properties Located at i ��` ..� ,b 190 Island Park Drive, 191 Island Park a�p�-p�k'i; � J Drive, 6551 Channel Road and 6571 ��' �?� � � l�S�Channel Road) (Wards 2 and 3) ....... 17 - 23� : N$� t4�� z� l �' • ' o� � � � � �� - � sh1�6�� 3P�P . _. - � � .�c'� FRIDLEY CITY COUNCIL MEETING OF JUNE 12 5�y .�'�i� '�n . �� " �� r% r1 � PUBLIC HEARINGS (CONTINUED): ��C' � I� � � �7 � � I �4 5��1� �� . 8. Consider Revocation of Special Use Permit, �, ��" �� #03-14, for Central Auto Parts, Generally � Located at 1201 — 73'/Z Avenue N.E. vU✓� � ►�,`� �fY p � (1lVard 2) ................................... 24 - 30 � ! I Iv' 2 1 E �p.U�: �h�p�/1��' 9. Consider2006 Mill and O�ierlay Project Na ' � �ST. 2006 — 2 ................................... 31 � � ,�g �� l;�a�� , � � �� - NEW BUSINESS: �`�� ''' S � �`�{� �Qf�h��` 10. Re�solution Ordering Final Plans and Speci i tions �j�d �� I� i /yy a Estimates of Costs Thereof: MaHe�-�N�Is 3�, � � �� J ' ct .�' P . � � ''� �/ n�., c-r �nn� � 32 - 33 � w�(' . ................................ � I � `� ` ✓ 11. Preliminary Plat Extension Request, P.S. #05-02, by Family Lifestyle Development Corporation, Genera!!y Located at 1314 Mississippi Street, 1340 Mississippi Street, 6421 Central Avenue, 6441 Central Avenue and 6461 Central Avenue (Ward 2) ................................... 34 ��'�2��°�,�k`S�` �.jA� x� �'��"�- S�� 12. Informal Status Reports ..................... 35 �7 � � V''� ADJOURN. [ � �� S�� l � ��✓ ��22� �� µ �5�� i✓�� ,/l � � � 5' � �f! �� t ,�,5 0 �ts � � �� ----�-�.�-� . � �� 1��'s �'�� 5 � � � � �� - � V �g C � `'` �S� ��,�"�1 �e � � � �� Le �� CITY COUNCIL MEETING OF JUNE 12, 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. PROCLAMATION: Stand for Children Day — June 17, 2006 2006 VALUES FIRST COMMUNITY RECOGNITION AWARDS: Business: McDonald's of Fridley — Mark Wheeldon Organization: Columbia Park Education & Research Foundation Individual: Dorothy Gargaro LEGISLATIVE UPDATE. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of May 22, 2006 FRIDLEY CITY COUNCIL MEETING OF JUNE 12, 2006 PAGE 2 OLD BUSINESS: 1. Second Reading of an Ordinance Repealing Chapter 105 of the Fridley City Code Pertaining to Landscape Maintenance and Adopt Official Title and Summary Ordinance ..................................................... 1- 8 NEW BUSINESS: 2. Resolution Determining that a Certain Parcel is Occupied by a Structurally Substandard Building and is to be Included in a Tax Increment Financing District (6000 East River Road) (Ward 3) ...................................................................... 9- 11 3. Appointment — City Employee ........................................................................... 12 4. Claims ....................................................................................................... 13 5. Licenses ....................................................................................................... 14 - 15 6. Estimates ....................................................................................................... 16 ADOPTION OF AGENDA. OPEN FORUM (VISITORS): Consideration of Items not on Agenda — 15 Minutes FRIDLEY CITY COUNCIL MEETING OF JUNE 12, 2006 PAGE 3 PUBLIC HEARINGS: 7. Consider Suspension/Revocation of Rental Property License (Properties Located at 190 Island Park Drive, 191 Island Park Drive, 6551 Channel Road and 6571 Channel Road) (Wards 2 and 3) ........................................................................ 17 - 23 8. Consider Revocation of Special Use Permit, #03-14, for Central Auto Parts, Generally Located at 1201 — 73'/ Avenue N.E. (Ward 2) ................................................. 24 - 30 9. Consider 2006 Mill and Overlay Project No. ST. 2006 — 2 ...................................................................................................... 31 NEW BUSINESS: 10. Resolution Ordering Final Plans and Specifications and Estimates of Costs Thereof: Marian Hills Neighborhood Street Improvement Project No. ST. 2006 — 2 ............................................................................................... 32 - 33 11. Preliminary Plat Extension Request, P.S. #05-02, by Family Lifestyle Development Corporation, Generally Located at 1314 Mississippi Street, 1340 Mississippi Street, 6421 Central Avenue, 6441 Central Avenue and 6461 Central Avenue (Ward 2) ....................................................................................................... 34 12. Informal Status Reports ..................................................................................... 35 ADJOURN. � � � �� ( � �� STAND FOR CHILDREN DAY June �7, �006 0 WHEREAS, in 1996, Stand for Children, a Washington-based grassroots organization, held a rally at the steps of the Washington Monument to mobilize and gather support for our nation's young people; and WHEREAS, the effort has grown to include an annual event called "Stand for Children Day" to bring attention to the most pressing issues facing our Nation's children; and WHEREAS, caring for our children must be the first priority of our families, community and nation; and WHEREAS, the early years of life build the foundation for successful youth and healthy adults; and WHEREAS, on June 17, 2006, families, members of the community and business organizations will join together at the '49er Days celebration to recognize how important our children are and to dedicate ourselves to addressing their needs; WHEREAS, the Values First Initiative will sponsor the event and a variety of activities have been planned. NOW THEREFORE, BE IT RESOLVED, that I, Scott J. Lund, Mayor of the City of Fridley, do hereby proclaim Saturday, June 17, 2006, as: STAND FOR CHILDREN DAY in the City of Fridley, Minnesota. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Fridley to be af�xed this 12th day of June, 2006. SCOTT J. LUND, MAYOR CITY COUNCIL MEETING CITY OF FRIDLEY MAY 22, 2006 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:30 p.m. PLEDGE OF ALLEGIANCE: Mayor Lund led the Council and audience in the Pledge of Allegiance to the flag. 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 Richard Pribyl, Finance Director/Treasurer Brian Bona, 5333 University Avenue APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of May 8, 2006. APPROVED. NEW BUSINESS: 1. Receive the Minutes from the Planning Commission Meeting of May 3, 2006. RECEIVED. 2. Special Use Permit Request, SP#06-05, by Brian Bona, to Allow a Free-Standing Electronic Changeable Message Board Sign, Generally Located at 5333 University Avenue N.E. (Ward 1) William Burns, City Manager, stated that petitioner, Brian Bona of 5333 University Avenue, is seeking a special use permit to allow a changeable message board. The sign is 80 square feet, of which 30 square feet will be used for a changeable, electronic message board. The sign will be installed on the north end of the property. The property is appropriately zoned C-3. The FRIDLEY CITY COUNCIL MEETING OF MAY 22, 2006 PAGE 2 Planning Commission unanimously approved the special use permit at their meeting on May 3. Staff recommends Council's approval, subj ect to five stipulations. APPROVED WITH THE FOLLOWING FIVE 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. SIGN SHALL NOT CHANGE MORE OFTEN THAN AUTHORIZED UNDER SECTION 214.07 OF THE FRIDLEY CITY CODE. 3. MESSAGE OF L.E.D. SIGN SHALL NEVER FLASH OR HAVE MOTION THAT MAY DISTRACT VEHICULAR TRAFFIC IN THE AREA. 4. THE PROPOSED FREE-STANDING SIGN SHALL BE 10 FEET FROM ANY PROPERTY LINE OR DRIVEWAY. 5. PETITIONER SHALL ADHERE TO CITY CODE REQUIREMENTS FOR TEMPORARY SIGNS. 3. Receive Bids and Award Contract for the Tree Stump Removal and Restoration Project. William Burns, City Manager, stated that bids from four contractors were opened on May 17. The bids are for removal of storm damaged trees, tree stumps, etc., on City boulevards. The low bidder was Arbor Design Tree Service of Brooklyn Park in the amount of $17,490.00. Staff recommends that Council receive the bids and award the contract to the low bidder. RECEIVED BIDS AND AWARDED BID TO ARBOR DESIGN TREE SERVICE OF BROOKLYN PARK IN THE AMOUNT OF $17,490.00. 4. Resolution Ordering Preliminary Plans, Specifications and Estimates of the Costs Thereof: Mill and Overlay Project No. ST. 2006-2 William Burns, City Manager, stated that this �project is on Matterhorn Drive for a distance of 1,200 feet south of Gardena Avenue, and on 73r Avenue between University Avenue and Able Street. It is estimated that this proj ect will cost $278,273 and will be paid for by assessments and State Aid. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2006-27. 5. Resolution Receiving the Preliminary Report and Calling for a Public Hearing on the Matter of Construction of Certain Improvements: Mill and Overlay Project No. ST. 2006-2. FRIDLEY CITY COUNCIL MEETING OF MAY 22, 2006 PAGE 3 William Burns, City Manager, stated a June 12 public hearing is being proposed on this item. The intent of the hearing is to discuss the assessment of these projects to benefiting property owners. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2006-28. 6. Resolution Providing for the Sale of $2,505,000 G.O. Improvement Bonds, Series 2006A William Burns, City Manager, stated that these bonds will serve to provide funding for the City's portion of the cost associated with the 2006 Neighborhood Street Reconstruction Project. They will be repaid from general tax levies that will be certified to the County beginning next fall. The bond sale is scheduled to occur on June 26, 2006. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2006-29. 7. Resolution Authorizing Final Changes in Appropriations for the General Fund, Special Revenue Funds, and the Capital Improvement Fund for the Year Ended 2005 William Burns, City Manager, stated that the resolution approves General Fund adjustments associated with unexpected expenditures in 2005. A large portion of the adjustment represents shifting of funding from one internal category to another. It does, however, include the use of $87,000 in fund balance the General Fund expenditures. A substantial portion of the unexpected cost is associated with the City's response to the September 2005 storm. Special Revenue Funds include the Grant Management Fund received for the Springbrook subwatershed grant along with other law enforcement grants. The Solid Waste Abatement Fund covered the cost for stump grinding associated with storm damage. This money came from the service exchange program. The Capital Improvement Fund includes adjustments that are associated with Public Works capital improvements to the garage and the parks that were inadvertently posted as operating expenditures. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2006-30. 8. Appointment of City Employee. William Burns, City Manager, stated staff is recommending the appointment of Walter Messer to fill a new firefighter position that was budgeted for 2006. Walter has been a paid-on-call firefighter since 1999. He has a two-year degree in law enforcement from Normandale Community College and currently works safety and security for Geridan International in Cottage Grove. His appointment will help us provide badly needed shift coverage and in the process bring the City from six to seven full-time firefighters. Staff recommends Council's approval. APPROVED APPPOINTMENT. FRIDLEY CITY COUNCIL MEETING OF MAY 22, 2006 PAGE 4 9. Claims. APPROVED CLAIM NOS. 126607 THROUGH 126786. 10. Licenses APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. 11. Estimates. APPROVED. Councilmember Bolkcom questioned Item 2 on the agenda regarding stump removal and asked when the stump removal would be completed. Mr. Haukaas, Public Works Director, replied the contract states the stump removal must be completed within 60 calendar days after the contract is awarded. The contractor stated that the project could be completed 24 days from the date the contract is awarded. MOTION by Councilmember Barnette to approve the consent agenda as presented. 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 adopt the consent agenda as presented. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM (VISITORS): NONE. OLD BUSINESS: 12. Approve Roadway Major Maintenance Financing Policy (Tabled May 8, 2006). MOTION by Councilmember Bolkcom to remove this item from the table. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF MAY 22, 2006 PAGE 5 Mr. Haukaas, Public Works Director, stated this item was tabled at the May 8 meeting. Council asked for additional language regarding how properties are assessed for construction. That language has been added. A newspaper article was published in the Sun Focus this past week and unfortunately, it contained some information that was misleading and not correct. Primarily this financing policy is for future projects. The article published in the Sun Focus stated that this financing would affect the current year street project. There is a financing policy in place for the current capital improvement program where the City is replacing concrete curb and gutters. This will remain in affect for the next three years or until the project is complete. This new policy is for other types of projects in which the concrete curb and gutters already exist. The Sun Focus article also mentioned that the City would be assessing for sanitary sewer, water and storm water improvements and that the current assessment policy carries through that the City would only be assessing for major storm water extensions. Sanitary sewer or water repairs would be funded through our utility funds. Mayor Lund asked if Mr. Haukaas had been contacted because of the article. Mr. Haukaas said he had not been contacted. He said he did leave a message with the Sun Focus. Councilmember Bolkcom asked if the language was correct where it states that the property would be assessed for future or current road construction. Mr. Haukaas stated that the policy should read "will be assessed for current projects and may be accessed for future road construction as defined in this policy statement." The policy will be corrected to reflect this wording. MOTION by Councilmember Bolkcom to approve the roadway major maintenance financing policy with the following wording change in Section II(A)(1): "In the event that a residential lot has frontage on two streets and is of sufficient size to split or subdivide, those portions of the lot that front on a second street will be assessed for current projects and may be assessed for future road construction as defined in this policy statement." UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 13. First Reading of an Ordinance Repealing Chapter 105 of the Fridley City Code Pertaining to Landscape Maintenance (Tabled May 8, 2006) MOTION by Councilmember Barnette to remove this item from the table. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF MAY 22, 2006 PAGE 6 Mr. Hickok, Community Development Director stated this text amendment repeals Chapter 105 entitled "Weeds" and creates a new Chapter 105 entitled "Landscape Maintenance." The first reading occurred on April 24, 2006. The Council denied the previous version of Chapter 105. Staff responded to Council's comments to remove language referring to buffer strips and gutter downspouts. Mr. Hickok reviewed that on May 8 Council made a formal motion to bring back the ordinance for reconsideration after informally discussing it at their May 15, 2006, work session. At the May 15 work session, Council discussed possible changes with staff. Staff has modified the ordinance accordingly. Mr. Hickok stated staff recommends that Council approve the first reading of this ordinance. MOTION by Councilmember Barnette to waive the reading of the ordinance and approve the ordinance on first reading. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. NEW BUSINESS: 14. Resolution Approving a Plat, P.S. #05-08, Gateway West lst Addition, by Blue Print Homes, for the Purpose of Creating Seven Single Family Lots, Generally Located Between 59t'' Avenue and 61St Avenue, and 3rd Street and University Avenue N.E. (Ward 3). Mr. Hickok, Community Development Director, stated that Blue Print Homes received preliminary plat approval from the City Council on November 21, 2005, to replat portions of Block 2, City View Addition and portions of Block 12 and 28, Hyde Park Addition, generally located between 57th Place and 61st Avenue and 3rd Street and University Avenue. The purpose of this preliminary plat approval is to create 16 new single family lots for the Gateway West redevelopment proj ect, with 7 stipulations. Mr. Hickok stated that after further review by Blue Print Homes' engineering firm, Pioneer Engineering, some minor title issues were discovered with the plat. Pioneer was unable to resolve the issues and was removed from the project. Kurth Surveying was hired to complete the work Kurth has determined that it would be best to separate the plat into a lst and 2"d Addition because the bulk of the title problems lie with the southern property, namely the former Frank's Used Car site. Accordingly, staff is bringing forward the Gateway West lst Addition at this time. It is anticipated that the 2"d Addition will be brought forward in July of this year. Mr. Hickok stated that after consultation with City Attorney, Fritz Knaak, staff recommends that the Council approve the attached resolution approving Gateway West lst Addition with the following 7 stipulations: FRIDLEY CITY COUNCIL MEETING OF MAY 22, 2006 PAGE 7 1. Petitioner shall obtain all necessary permits prior to construction. 2. Grading and drainage plan to be approved by City's engineering staff prior to the issuance of any building permits, in order to minimize impacts to the surrounding properties. 3. During construction, silt fencing shall be used where applicable. 4. Petitioner to pay all water and sewer connection fees. 5. The petitioner shall agree to preserve mature trees to the extent possible. All trees required to be removed for the new homes shall be marked and approved by City staff prior to issuance of building permits. 6. Petitioner to provide City with a copy of the declaration of conveyance for the development that outlines the landscaping and fencing requirements prior to issuance of a building permit. 7. Park dedication fee of $6,000.00 (4 lots x$1,500) to be paid prior to issuance of a building permit. Councilmember Bolkcom asked when residents in the area can expect to see construction start. Mr. Hickok replied that the next step would be to file the plat with Anoka County. Blue Print Homes has homes ready to build on the North block Construction can start shortly after the plat is submitted and the home plans are approved. New construction could happen as early as the first week in June if everything goes as planned. A newsletter will be sent to residents in the area regarding street and fence improvements after discussion and cost analysis is completed. These improvements will be assessed as part of the proj ect and not to property owners in that area. Councilmember Bolkcom asked if homes have been sold on this property. Mr. Hickok stated that homes cannot be sold until the plat is filed, but some reservations have been made that will become sales very quickly. MOTION by Councilmember Bolkcom to adopt Resolution 2006-31 with the following seven stipulations: 1. Petitioner shall obtain all necessary permits prior to construction. 2. Grading and drainage plan to be approved by City's engineering staff prior to the issuance of any building permits, in order to minimize impacts to the surrounding properties. 3. During construction, silt fencing shall be used where applicable. 4. Petitioner to pay all water and sewer connection fees. 5. The petitioner shall agree to preserve mature trees to the extent possible. All trees required to be removed for the new homes shall be marked and approved by City staff prior to issuance of building permits. 6. Petitioner to provide City with a copy of the declaration of conveyance for the development that outlines the landscaping and fencing requirements prior to issuance of a building permit. 7. Park dedication fee of $6,000.00 (4 lots x$1,500) to be paid prior to issuance of a building permit. FRIDLEY CITY COUNCIL MEETING OF MAY 22, 2006 PAGE 8 Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 15. Informal Status Reports. Mr. Haukaas, Public Works Director, announced that the 2006 Street Project will be starting. The City will start removing some of the streets in the neighborhood south of Community Park and also Pandora Drive North of 68th Avenue. Excess material from this project will be brought to Community Park Ball Fields 5 and 6 to regrade the fields. Dr. Burns, City Manager, stated that a newsletter will be coming out the first week of June. Councilmember Barnette reminded citizens that Fridley `49er Days will be held June 14-18. Buttons are on sale now for $3.00. He encouraged citizens to participate in this event. Councilmember Bolkcom commented that there was a great turnout at the Block Captains event. Code enforcement was discussed and Rachel Harris had interesting comments regarding recycling. The rain garden planting at Jay Park was a great success. Councilmember Wolfe wished his nephew a quick recovery. He said his nephew was injured by a drunk driver. He sent condolences to Mr. and Mrs. Heller who lost their son in this terrible accident. He said to do what you can as a citizen to stop drunk drivers. Mayor Lund congratulated American Legion Post 303 for hosting a very a successful district convention. 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 7:53 P.M. Respectfully submitted by, Krista Monsrud Scott J. Lund Recording Secretary Mayor � � AGENDA ITEM CITY COUNCIL MEETING OF JUNE 12, 2006 Date: June 7, 2006 To: From Subject: Wlliam Burns, City Manager Scott Hickok, Community Development Director Julie Jones, Planning Coordinator Rachel Harris, Environmental Planner An Ordinance to Repeal Ch. 105 Weeds and Rewrite as Ch. 105 Landscape Maintenance (TA 05-08) M-06-69 INTRODUCTION At the May 15, 2006 Council Work Session, Council discussed the differences between the current Chapter 105, Weeds, and the proposed Chapter 105 Landscape Maintenance. Staff responded to Council's comments about Section 105.1 at the May 15, 2006 Work Session by retaining language referring to "Leaves Near Waterways", "Leaves In the Street", and "Chemical Application" and remove references to buffer strips and gutter downspouts. Staff has incorporated the Council's suggested change into the attached proposed text amendment. On May 22, 2006 the Council held the first reading of the revised TA #05-08, repealing Ch. 105 Weeds and rewriting as Ch. 105 Landscape Maintenance. PAST COUNCIL ACTION On December 12, 2005 City Council held a public hearing for text amendment TA #05-08 regarding landscape maintenance. On April 24, 2006 the Council acted on the proposed text amendment by denying the previous version of Chapter 105, Landscape Maintenance. On May 8, 2006, the Council made a formal motion to bring back the ordinance for reconsideration after an opportunity to informally discuss components of the ordinance at their May 15, 2006 Work Session. At the May 15, 2006 Council Work Session, Council discussed the differences between the current Chapter 105, Weeds, and the proposed Chapter 105 Landscape Maintenance; and requested that Chapter 105 be revisited at the May 22, 2006 City Council meeting. On May 22, 2006, the City Council held the first reading for the revised TA #05-08 at the Council meeting. COMMISSION REVIEW On October 21, 2003, the Fridley Environmental Quality and Energy Commission reviewed the text amendment. The Commission unanimously passed a motion directing staff to make natural landscaping permissible and a/so endure that natural landscaping is an acceptable option for "vegetative cover, " protecting water quality and preventing soil erosion as committed in Fridley's NPDES permit application. One of the commissioners pointed out that natural landscaping not only benefits water quality but also benefits air quality (mowing grass generates a great deal of air pollution). PLANNING COMMISSION RECOMMENDATION At the November 2, 2005, Planning Commission meeting, a public hearing was held for TA #05- 08. After a brief discussion, the Planning Commission recommended approval of text amendment request, TA #05-08. THE MOTION CARRIED UNANIMOUSLY. STAFF RECOMMENDATION City Staff recommends that the Council hold a second reading of the proposed text amendment, TA #05-08, to repeal Ch. 105 "Weeds" and rewrite as Ch. 105 "Landscape Maintenance" at the June 12, 2006 City Council meeting. ORDINANCE NO. AN ORDINANCE REPEALING CHAPTER 105 OF THE FRIDLEY CITY CODE PERTAINING TO LANDSCAPE MAINTENANCE 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: i�. �x'� (Ref . 397) � � �••_ � •. � � � . • � � �� . • . . �l:�fei��ilYi►�I . � � :._...z�, z:.0 � .: � �.�.�, �.� :: �, � :.:.�, �s s, �'. 1 1 . � . . . . .. 105. LANDSCAPE MAINTENANCE 105.01. PURPOSE The purpose of this section of Citv Code is to establish minimum standards for landscape maintenance and to protect surface water qualit�y allowin� natural areas where the.�� benefit water quality throu�hout the Cit� 105.02. DEFINITIONS 1. Desi�nated Natural Area An area of native plants that has never been disturbed or an area intentionall�planted with native perennial ve�etation �reater than ten (10) inches in hei�ht that has an ed�ed border separatin� it from areas of turf �rass. 2. Garden A cultivated area dedicated to the �rowin� of ve�etables, fruit, flowers, perennials, shrubs, and similar plants that were specifically planted in that location and common weeds are not the predominant ve�etation. 3. Landscape The area of a parcel of land that is not covered with an impervious surface. 4. Lot A parcel of land adjacent to a street or road, includin� the ri�ht-of-way between the property and the curb. 5. Noxious Weeds Includes both prohibited noxious weeds and secondary noxious weeds as defined by the State of Minnesota Department of A�riculture. (Note: this does not include dandelions) 6. Ri�ht-of-Way The area on, below, or above a public roadway, hi�hway, alley, street, bicycle lane, public sidewalk, and boulevard in which the City has an interest, includin� the dedicated ri�hts-of-way for travel purposes and utility easements of the City. A Ri�ht-of-Way does not include the airwaves above a Ri�ht-of-Way with re�ard to cellular or other nonwire telecommunications or broadcast service. 7. Waterway An.�y of water that receives storm water runoff, includin� wetlands, lakes, ponds, streams, rivers, and reservoirs. Shall not include water flowin� on streets, or poolin� for less than 24 hours on private property after a rain event. 8. Wooded Area An area of trees and other native plant materials identified as follows: for every 100 square feet of area considered, there shall not be less than six (6) trees, each of a six inch (6") caliper measurement, measured at a point of six inches (6') above �rade from the base of each tree measured. 105.03. REQUIRED MAINTENANCE Landscape areas of all properties must be maintained by the owner to be free of noxious weeds. Ground cover, except for trees and shrubs, in landscaped areas may not exceed ten (10) inches in avera�e hei�ht except for �ardens and desi�nated natural areas. Desi�nated natural areas which do not need to be ed�ed include: Draina�e ponds, ditches, lakeshore areas, parks, 3 to 1 or �reater slopes, streambanks, vacant lots, wetlands, or wooded areas. Landscaped areas must be kept free of litter. Ve�etation shall not be permitted to be over�rown or encroach onto adjacent properties. Failure to com�lv is a nuisance. 105.04 INTERVENTION BY THE CITY If the provisions of Section 105.03 are not complied with, the City Mana�er or his/her desi�nee shall �ive written notice to the owner of the property in violation. If the property owner fails to brin� the violatin� property into compliance with Section 105.03 within the time specified or if the owner of the property cannot be located, desi�nated City staff shall have the landscape brou�ht into compliance and invoice the property owner for the cost of such service and abatement administrative cost. If the property owner fails to pav the invoiced cost within 30 days, the invoiced cost of these services and an additiona125% assessment fee will be certified to Anoka County and assessed to the property's taxes. 105.05. PROTECTION OF WATERWAYS 1. In addition to proper landscape maintenance, all property owners in the City of Fridle.� protect surface water quality throu�h the followin� measures: A. No person is permitted to deposit leaves, �rass cli�pin�s, or other plant waste within twentv- five (25) feet of a waterway or ten (10) feet of a bluffline, whichever is �reater. B. No person is permitted to deposit or store yard wastes of any kind in a ri�ht-of-way or roadwa. ,�pt as permitted in Chapter 113 or in the process of maintainin� the ri�ht-of- wav. C. Extreme care must be taken to prevent landscape fertilizers, pesticides, and herbicides from fallin� on a paved surface. Any applied �ranular landscape fertilizer, pesticide, or herbicide must be swept from an�paved surfaces immediatel�pon completion of a�plication as specified in State Statutes. Commercial lawn care product a�plicators must post public notification si�ns when lawn care products are a�plied. No person shall remove such si�ns for 48 hours, as required b.� 1050.06. PENALTIES Any violation of this Chapter is a misdemeanor and is subject to all penalties provided for such violations under the provisions of Chapter 901 of this Code. Each day that the violation exists or continues to exist shall be deemed a separate offense. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 200 . Scott J. Lund, Mayor ATTEST: Debra A. Skogen, City Clerk Public Hearing: December 12, 2005 First Reading. May 22, 2006 Second Reading: June 12, 2006 Publication: � � AGENDA ITEM CITY COUNCIL MEETING OF JUNE 12, 2006 Date: June 7, 2006 To: From Subject: Wlliam Burns, City Manager Scott Hickok, Community Development Director Julie Jones, Planning Coordinator Rachel Harris, Environmental Planner A Summary Ordinance. Repeal Ch. 105 Weeds and Rewrite as Ch. 105 Landscape Maintenance (TA 05-08) M-06-70 INTRODUCTION On December 12, 2005 the Fridley City Council held a public hearing on Text Amendment #05- 08, which proposes changes to the Zoning Code regarding landscape maintenance. A first reading of the attached ordinance was completed at the May 22, 2006 City Council meeting. No changes have been made to the version of the ordinance that received a first reading. The second reading is scheduled for the June 12, 2006 City Council meeting. In order to save expenses in publicizing a long document, such as the attached, the City Charter allows the City to publish an ordinance summary. Staff makes the full ordinance available for public review upon request. STAFF RECOMMENDATION Staff recommends that the City Council approve publication of the attached summary ordinance for TA #05-08 at the June 12, 2006 City Council meeting. Staff will then publicize the summary ordinance, making the full ordinance available for public review ORDINANCE NO. OFFICIAL TITLE AND SUMMARY Title An ordinance of the City of Fridley, Minnesota, Amending the Fridley City Code Pursuant to Section 3 of the Fridley City Charter, to replace Chapter 105 — Weeds with a new Chapter 105 — Landscape Maintenance. IL Summarv The City Council of the City of Fridley does hereby ordain as follows: That Chapter 105 - Weeds is hereby deleted in it entirety and replaced with a new Chapter 105 - Landscape Maintenance. In summary, the new Chapter 105 establish minimum standards for landscape maintenance and to protect surface water quality by allowing natural areas where they can benefit water quality throughout the City. III. Notice This title and Summary has been published to clearly inform the public of the intent and effect of the City of Fridley's Zoning ordinance. A copy of the ordinance, in its entirety, is available for inspection by any person during regular business hours at the offices of the City Clerk of the City of Fridley, 6431 University Ave N.E., Fridley, MN. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 200 . Scott J. Lund, Mayor ATTEST: Debra A. Skogen, City Clerk Public Hearing: December 12, 2005 First Reading. May 22, 2006 Second Reading: June 12, 2006 Publication: � � CffY OF FRIDLEY ACTION ITEM CITY COUNCIL MEETING OF JUNE 12, 2006 Date: June 7, 2006 To: From William Burns, City Manager Scott Hickok, Community Development Director Paul Bolin, Asst. Executive HRA Director Subiect: Resolution Declarinq Structure Bliqhted The firm of LHB was hired by the HRA to inspect the home recently purchased at 6000 East River Road. The purpose of the inspection was to determine if the home met the statutory definition of "substandard". The substandard determination and the attached resolution, declaring the property as such, will allow the City / HRA to demolish the home prior to the creation of a TIF District. While it seems unlikely that a TIF project will happen in the Islands of Peace neighborhood, in the near future, the approval of the attached resolution will allow the property's inclusion in any such project that may happen within the next 3 years. Staff recommends the attached resolution be approved. A similar resolution was approved by the HRA on June 1. Page 1 - Resolution No. CITY OF FRIDLEY COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. A RESOLUTION DETERMINING THAT A CERTAIN PARCEL IS OCCUPIED BY A STRUCTURALLY SUBSTANDARD BUILDING AND IS TO BE INCLUDED IN A TAX INCREMENT FINANCING DISTRICT BE IT RESOLVED by the City Council of the City of Fridley, Minnesota (the "City") as follows: Section 1. Recitals. 1.01 The Housing and Redevelopment Authority in and for the City of Fridley (the "Authority") has considered the acquisition and redevelopment of a parcel identified as follows (the "Parcel"): Address: 6000 East River Road, Fridley, Minnesota 55432 PIN: 22-3 0-24-12-0009 1.02 Minnesota Statutes, Section 469.174 et seq, as amended and supplemented from time to time (the "Tax Increment Act") provides for the establishment of a redevelopment tax increment financing district. The Tax Increment Act allows for the inclusion of parcels within a redevelopment district after substandard buildings have been removed by complying with Minnesota Statutes, Section 469.174, Subd. 10(d). Section 2. Findin�s. 2.01 The Council hereby finds that the acquisition and/or redevelopment of the Parcel furthers the goals and objectives of the Development Program. 2.02 The Council hereby finds that the Parcel is occupied by a structure or structures that are structurally substandard, as defined in the Tax Increment Act and described in the blight report on file with the City, and that the structure or structures must be demolished and removed from the Parcel. 2.03 The Council hereby finds that the Authority intends to demolish or cause to be demolished the substandard building or buildings and to prepare the Parcel for redevelopment. Page 2 - Resolution No. Section 3. Declaration of Intent. 3.01 The Council hereby declares its intent to include the Parcel within a redevelopment tax increment financing district and to file the request for certification of the Parcel as part of a district with the Anoka County Auditor within three years of when the Parcel was occupied by a substandard building or buildings. Section 4. Notice to Countv Auditor. 4.01 If the City establishes a tax increment financing district and includes the Parcel, then upon filing the request for the certification of the tax capacity of the Parcel as part of such district, the City shall notify the Anoka County Auditor that the original tax capacity of the Parcel must be adjusted as provided in Minnesota Statutes, Section 469.177, Subd. 1(�. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY, MINNESOTA THIS DAY OF , 20 . ATTEST: City Clerk G:\WPDATA\F\FRIDLEY�68\DOCS\RES (CITI� - BLIGHT FINDINGS.DOC 2 Mayor � � CffY OF FRIDLEI' Name AGENDA ITEM CITY COUNCIL MEETING OF JUNE 12, 2006 Position Appointment Starting Salary Shelly Acc't'g/Data $15.06 Robinson Proc'g Clerk - per hour Cashier Non-exempt Starting Date June 13, 2006 Replaces Sandra Stanger � AGENDA ITEM COUNCIL MEETING OF JUNE 12, 2006 CffY OF FRIDLEI' CLAIMS 126789 -127064 � � CffY QF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF JUNE 12, 2006 LICENSES Type of License MASSAGE CERT/F/CA TE Teresa Kaus 2518 Quincy St NE Minneapolis, MN 55418 (Wellspring Chiropractic 6425 Hwy 65 N E Fridley, MN 55432) � PEDDLER / SOL/C/TOR APX Alarm Security Jared Hallows 580 S State St. Orem, Utah 84058 Jesse Erasmus 2133 Parkhaven Dr. Plano, TX 73075 (Firstline Security) TREE SERV/CE SR Tree & Landscaping 1301 W River Rd. Little Falls, MN 56345 Shawn Ramsdell Approved By: Public Safety Director Public Safety Director Public Safety Director Public Works Director STREET VEND/NG Alaska Ice Cream Mohamed Omel City Clerk 4610 Fillmore St NE Public Safety Director Columbia Heights, MN 55421 Parks Director � AGENDA ITEM CITY COUNCIL MEETING OF �"°F JUNE 12, 2006 FRIDLEI' Contractor T e A licant A roved B All Weather Roof (AWR Inc.) Roofin Bernard Me er Ron Julkowski, CBO Allan Mechanical, Inc. Heating Elmer Wedel Ron Julkowski, CBO America's Best Roofin & Sidin Commercial/S ecial Anthon Chiouari Ron Julkowski, CBO Anderson Heatin & A/C Heatin Che 1 Whittenber er Ron Julkowski, CBO Cool Air Mechanical, Inc. Heating/Gas Charles Worms Ron Julkowski, CBO Erickson Plumbing Heating Cooling Heating Stacy Erickson Ron Julkowski, CBO Fireside Hearth & Home Gas Steven Thiers Ron Julkowski, CBO G& H Heating Heatin /Gas Michael Gormle Ron Julkowski, CBO Gary Contracting & Trucking Co. Wrecking/Excavating Gary Boryczka Ron Julkowski, CBO Innsbruck North Townhouse Assoc. Pool Mark Kvalheim Ron Julkowski, CBO Joel Smith Heating & A/C, Inc. Heating Joel Smith Ron Julkowski, CBO K J Wills Construction, Inc. Commercial/S ecialt Kevin Wills Ron Julkowski, CBO Knight Htg & Air Condirioning Inc. Heating/Gas Kenneth Lien Ron Julkowski, CBO Lawrence Sign Sign Erector Robert Walker Ron Julkowski, CBO Marsh Htg & Air Condirioning, Inc. Heatin /Gas Kell Marsh Ron Julkowski, CBO Matrix Inc. Home Im rovements Commercial/S ecialt Rick Merten Ron Julkowski, CBO Mobile Maintenance, Inc. Heating/Gas Steve Witzel Ron Julkowski, CBO Northwest Athletic Club/Wellbridge Pool LeeAnn Helbling Ron Julkowski, CBO Pearson Mechanical Services Heatin Tro Pearson Ron Julkowski, CBO Pierce Refri eration Heatin /Gas Linda Sewald Ron Julkowski, CBO RAK Construction, Inc Commercial/Specialty Don Day Ron Julkowski, CBO Residential Heating & Air Heating/Gas Dean Kolner Ron Julkowski, CBO River Cit Sheet Metal Heatin Chris Ra Ron Julkowski, CBO Round Lake Heating & A/C, Inc Heating Randall Lundsten Ron Julkowski, CBO Seerco, Inc. Commercial/Specialty Caitlin Seery Ron Julkowski, CBO Standard Hearing & Air Conditioning Heating/Gas David Melnick Ron Julkowski, CBO Su erior Ht Air & Electric Heatin Mark Johnson Ron Julkowski, CBO Timco Construction, Inc. Commercial/S ecialt Timoth McKee Ron Julkowski, CBO Valley Management Group, LLC Commercial/Specialty Tim Keenan Ron Julkowski, CBO Wellin ton Windows CommerciaUS ecialt Jill Woods Ron Julkowski, CBO Wenzel Hearing & Air Conditioning Heatin /Gas Gre o Preusse Ron Julkowski, CBO Westwa Exteriors Commercial/S ecialt Stac Reese Ron Julkowski, CBO � � CffY OF FRIDLEI' AGENDA ITEM CITY COUNCIL MEETING OF JUNE 12, 2006 ESTI MATES Maertens-Brenny Construction Company 8251 Main Street N.E. Fridley, MN 55432 Locke Park Water Treatment Improvements Estimate No. 4 ....................................................................................... $ 35,114.85 Park Construction, Inc. 500 — 73rd Avenue N.E. Suite 123 Fridley, MN 55432 2006 Street Improvement Project No. ST. 2006-1 Estimate No. 1 ....................................................................................... $149,487.35 Concrete Idea, Inc. 13961 — 44th Lane N.E. St. Michael, MN 55376 2006 Street Improvement Project No. ST. 2006-1 Estimate No. 2 ....................................................................................... $ 26,771.19 � � CffY OF FRIDLEI' To: From Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF JUNE 12, 2006 RENTAL PROPERTY LICENSE William W. Burns, City Manager John Berg, Fire Chief June 8, 2006 Public Hearing, Suspension/Revocation Rental Property License Staff has requested a public hearing for the purpose of taking testimony and receiving evidence pertaining to the suspension or revocation of the rental licenses issued to Hyder R. Jaweed for Sunshine Management. Staff has requested this public hearing due to the increasing number and severity of housing code complaints and issues occurring at 191 Island Park Drive, 190 Island Park Drive, 6551 Channel Road, and 6571 Channel Road. In addition to not complying with correction orders, Sunshine Management has failed to obtain proper permits for plumbing and electrical work and has a balance due to the City for $9,358 in utility and inspection fees as of May 22, 2006. Based on the number of outstanding housing violations, the amount of the fees and Sunshine Management's unwillingness to cooperate, Fire Department staff is recommending revocation of licenses for the four properties owned by Sunshine Management in the interest of protecting the occupants of these properties and the citizens of Fridley as described in Chapter 220 of the City Code. To the best of my knowledge, all interested parties, including Sunshine Management and the occupants of the four properties, have been notified 20 days prior to the public hearing as specified by City Code. May 22, 2006 Hyder Jaweed 3 Blue Spruce Ct. North Oaks, MN 55127 RE: Rental Licenses for 190 & 191 Island Park Drive and 6551 & 6571 Channel Road Mr. Jaweed: On June 12, 2006 at 7:00 pm, a hearing will be held before City Council to suspend and / or revoke your operating license as prescribed in Fridley City Code Chapter 220.13.9 for the following rental properties: 190 Island Park Drive 191 Island Park Drive 6551 Channel Road 6571 Channel Road A final inspection of the properties listed above will be conducted on June 9, 2006 at 09:00 a.m.. A re-inspection fee of $150.00 per building will be assessed for this inspection. It is the owners responsibility to notify tenants 48 hours in advance of the inspection. This inspection will determine the exact status of all open correction orders at these four properties. If there are uncorrected items remaining at a given property, we will recommend to City Council that the rental license for that given property be revoked. In addition to the inspection we will also check with City Building Official Ron Julkowski on June 9, 2006 to verify that all the required permits were obtained for work that needed to be done by a contractor. Work that required a permit will be reviewed as follows: Permit Permit Work Inspection Result / Status Obtained? Finaled? Completed? NO NO NO Correction item noted as not complete NO NO YES Correction item noted as not complete, notify Building Dept., working without a permit YES NO NO Correction item noted as not com lete YES NO YES Correction item noted as not complete, Need Final Ins ection YES YES YES Correction item completed, cross off the correction list If there are uncorrected items remaining at a given property, we will recommend to City Council that the rental license for that given property be revoked. Building Official Ron Julkowski can be contacted at 763-572-3602 On June 9th 2006 the City will also review of ALL outstanding fees related to re- inspection fees, water bills, and other City fines that have not been paid. As of this date, our records indicate that the following fees have not been paid: - Rental Housing Re-inspection Fees - Water Bi11s:190 Island Park Drive. 191 Island Park Drive. 6551 Channel Road. 6571 Channel Road. In the amount of $450.00 In the amount of $2,323.49 In the amount of $3,194.13 In the amount of $1,711.24 In the amount of $1,678.93 If there are still unpaid fees at a given property we will recommend to City Council that the rental licenses for that given property be revoked. Utility Billing Department can be contacted at 763-572-3528. We also will be following up with Julie Jones in the Community Development Department. Currently there are open / unresolved issues at 6571 Channel Road regarding a fence. Community Development Department has written an Anoka County Citation for failure to comply. This issue needs to be resolved prior to June 9, 2006. We will verify with Julie Jones if this matter has been resolved. If this issue is still unresolved we will recommend to City Council that the rental license for this property be revoked. Julie Jones can be contacted at 763-572-3599. Fridley City Code Chapter 220.13.9, titled "License Suspension or Revocation" states the following: Notification. Prior to suspension or revocation, the licensee (or his/her designated agent) and all occupants of units potentially subject to suspension or revocation, shall be notified in writing pursuant to Section 220.15 of this Chapter at least twenty (20) days prior to a hearing on the matter. Hearing. A hearing shall be held before the Council or a hearing examiner appointed by the Council. The hearing shall be conducted to meet the licensee and occupant's due process rights, including: (1) Allowing interested parties the right of legal representation, the right to present evidence, witnesses, and to cross-examine all adverse witnesses, and (2) Making a complete record of all proceedings, including findings of fact and conclusions of law. Suspension or Revocation. Every operating license issued under the provisions of this ordinance is subject to suspension or revocation for the entire rental dwelling or for individual rental dwelling units, by the City Council, should the licensee fail to operate or maintain the licensed rental dwelling(s) and dwelling units therein consistent with the provisions of this Chapter, all applicable ordinances of the City, and the laws and regulations of the State ofMinnesota. Effect of Suspension or Revocation. In the event that an operating license is suspended or revoked by the City Council under Sections 220. 7 to 220.12, it shall be unlawful for the owner or his/her duly authorized agent to thereafter permit any new occupancies of vacant, or thereafter vacated rental units, until such time as a valid operating license is restored to the affected units. Issuance of a new license after suspension or revocation shall be made in the manner provided for obtaining an initial license. Included you will find a copy of the updated correction orders that were already e-mailed and sent via US Postal mail to you on March 21, 2006. Also, there are flow charts that summarize inspection activities for the most recent inspections of the properties on Island Park Drive. Please call Ashley Otten at 763-572-3616 to make final arrangements for the inspection of these four properties on June 9, 2006 starting at 9:00 am. If you have any questions, please give me a call at 763-572-3611. Sincerely, John Crelly Assistant Fire Chief attachments 48 hr, smk det. In #7, 12/23/OS C10aT0Cl Initial inspection of Unit #7 on 12/21/OS 190 Island Park Drive Complaint Inspection, Unit #2 on 10/28/O5, 5 items CI 05-43 lgtfollow-up on 12/13/O5, 3 of 5 items remain CI 05-43 E�1S0, Irilhal fUll bi]i1dlTlg inspection for license renewal, did not get in unit #7 lgtfollow-up on 02/07/06, lgtfollow-up on O1/30/06, unit #7 common area and all units License Inspection eXCOpi #% License Inspection 2nd fO110W-Up 011 03�0g�06� License Inspection No heat in #2, 190 Island Park 03/10/06 48 open issues ONLY 1 permit pulled for electrical work in Unit #4, Other permits are still required and have NOT been pulled. Make recommendarion to City Council Cleared lgt follow-up on 10/31/O5, 48 hour smk detector in #2 Cleared 48 hr, smk 48 hr, smk det. In #8, det. In #10, 12/23/OS 12/23/OS Cleared Cleared Complaint, wet carpet 10/06/O5, water from outside, owner fixing CI 05-31 10/28/O5, Letter to owner, license denial 11/O1/O5, check to see if Center Point turned the gas off to bldg. Gas ON 11/21/O5, Fire Marshal sent owner a letter regarding water issues Unit #5 POSTED by bldg dept. Not Habitable, sanitary concerns 48 hr, smk det. In #3, 03/10/06 191 Island Park Drive Complaint, Unit #1 09/07/O5, 1650 hours CI 05-30 Staff talked to complainant 09/08/O5, owner is repairing CI 05-30 Inspection, work not done in #1 & Common area 09/21/OS CI 05-30 10/25/O5, Request by owner to move to tomorrow CI 05-30 lgt follow-up on 10/26/O5, 8 of 11 items remain CI 05-30 2"a follow-up on 11/04/O5, 4 of 11 items remain CI 05-30 Initial Inspecrion, 12/13/OS entire bldg, Units 1-8 and common areas done. Attorney stopped inspecrion. License Inspection lgtfollow-up on O1/30/06, common area and units 1— 8 License Inspection 48 hr, smk 48 hr, smk det. In #8, det. In #9, 03/10/06 03/10/06 Cleared I I Cleared I I Cleared Complaint, Berg inspected Common area, 10/19/OS CI 05-40 lgtfollow-uponthe 11/04/OS inspection is the same as the 11/04/OS inspection Initial Inspecrion completed on 12/21/O5, units 9— 12 and the 190 bldg License Inspection lgt follow-up on 02/07/06, units 9 - 12 License Inspection 2"a follow-up on 03/08/06, License Inspection 191 Island Park 68 open issues No pernuts pulled Make recommendarion to City Council lgtfollow-up on 10/21/OS at 09:00 am, 48 hour smk detector in #12, not fixed 2"a follow-up on 10/21/OS at 4:00 pm. 48 hour smk detector in #12, Cleared 48 hr, smk 48 hr, smk det. In #10, det. In #3, 12/23/OS 12/23/OS Re-48 hr in Re-48 hr in #10, #3, 12/28/OS 12/28/OS Cleared Cleared 6551 Channel Road Complaint, Unit #2 10/14/O5, 1650 hours CI05-0035 lgt follow-up on 11/23/O5, NO Show CI05-0035 2nd fO110W-Up 011 12�19�05� NO Show CI05-0035 4�' follow-up on 02/09/06, 2 of 8 items remain CI05-0035 5�' follow-up on 03/08/06, 2 of 8 items remain CI05-0035 6551 Channel Road: 3 open issues No pernuts pulled Make recommendarion to City Council � � CffY OF FRIDLEI' AGENDA ITEM CITY COUNCIL MEETING OF JUNE 12, 2006 Date: June 7, 2006 To: From: Subj ect: William Burns, City Manager Scott Hickok, Community Development Director Julie Jones, Planning Coordinator Public Hearing to Consider Revocation of Special Use Permit #03-14 for Central Auto Parts, generally located at 1201-73 '/2 Avenue NE Background On August 25, 2003, the Fridley City Council approved Special Use Permit, SP#03-14, to operate a salvage yard at property generally located at 1201 — 73 '/2 Avenue NE. This is the business location of Central Auto Parts. SP #03-14 was designed to replace two previously issued special use permits to operate a salvage yard at this location. In response to a plea from the properiy owner's legal counsel for more time to bring the properiy into compliance at the 2003 public hearing, the City Council approved a five-year timetable for completing new stipulations for the 2003 SUP. We are now entering year four of that timetable, and, to date, none of those improvements have been made. Staff conducted an inspection of the site on April 11, 2006. Following is a table of all of the stipulations related to the current SUP and the progress made. Sti ulation Com lete? 1. Prepare survey and finished site plan, including hard-surface parking/storage area with curb and gutter, No landscape plans, grading and drainage plans (due March 2004) 2. Obtain City and Watershed approvals of design; install landscaping, irrigarion, and fence repairs (due No March 2005) 3. Complete first phase of grading, storm sewer piping, and storm water detenrion pond (due March 2006) No 4. Complete first phase of installation of curb/gutters and paving (due March 2007) No 5. Complete final phase of curb/gutters and paving (due March 2008) No 6. Building shall be metal with brick veneer 7. No cars piled higher than the fence No 8. No inoperable cars shall be parked or stored outside the fence No 9. Driveways or limited access shall be authorized on 73 '/z Avenue. The three access points tl�at currently OK exist are permitted. No addirional access to 73�d shall be permitted. 10. Solid screening fence shall be placed completely around properiy and fence sl�all be improved by being No painted or constructed of an acceptable color-fast material and shall be uniform in size. 11. Addirional landscaping shall be placed along the screening fence on 73 '/2 Avenue. An overall Repaired irrigation & site/landscape plan shall be submitted by the property owner and approved by staff in accordance with the replaced some dead requirements in #1 above. trees, but no new landsca e lan 12. Concrete driveways shall ea�tend a minimum of 10' beyond the screening fence into properiy from the No street Recommendation It is clear in this case that the property owner and business owner have completely disregarded the stipulations placed on their special use permit. Staff recommends that the City Council move to revoke SP#03-14 at the June 26 Council meeting, following the public hearing scheduled for June 12. Due to the volume of automotive materials at this business, staff recommends that the City Council provide detailed direction to the property owner as to how the site must be cleared of the non-permitted activity within 90 days of Council action. These requirements should include at minimum: 1. Remove all business signage within 15 days of Council action 2. Removal of all full and partial automobiles as well as parts outside of the building 3. Removal of all automotive fluids from the premises 4. Removal and sweeping of soil from the paved surfaces at each entrance to the site 5. Removal of all fence sections and posts 6. Removal of any equipment or racking 7. Removal of all material and litter in the public right of way on 73 '/2 Avenue around the site 8. All disturbed soil must be graded and landscaped (lay sod or seed) to assure soil is stabilized to resist wind and water erosion. M-06-71 � _ C[iY OF FIZIDL�.Y . FRIDLEY �iLNICIPAL CENTER • 5-��i UvI`'ERSITY:��'E. v.E. FRIDLEY, �lv .i��32 •(763) �71-3��0 • FAX (763) ��l-L3� CITY COUNCIL ACTlON TAKEN NOTICE August 28, 2003 Central Auto Parts 1201-73 1/2 Avenue NE Fridiey, MN 55432 To Whom It May Concern: On Monday, August 25, 2003, the Fridley City Council officially approved your Special Use Permit, SP #03-14, to operate a salvage yard, generally located at 1201- 73'h Avenue NE. This Special Use Permit will replace both SP #73-07, and SP #82-11, and shall be reviewed March of each year for compliance, and to assure progress as defined in the attached timeline. Approval of this special use permit is contingent upon the following stipulations: 1. Building shall be metal with brick veneer. 2. Timetable for improvements shall be in accordance with staff schedule outlined in the minutes of the August 25, 2003, meeting and this report dated August 20, 2003. 3. D�ainage problem shall be taken care of as required in plan to be approved during 2003- 2004 timeframe. 4. No cars shall be piled higher than the fence. 5. No inoperable cars shall be parked or stored outside the fence. 6. Licensing shall be required and the applicant shall meet requirements of license . procedure. - 7. Driveways or limited access shall be authorized onto 73 %2 Avenue. The 3 access points that currently exist are permitted. No additional access to 73ro shall be permitted. 8. Solid screening fence shafl be placed completely around property and fence shall be improved by being painted or constructed of an acceptable color-fast material and shall be uniform in size. 9. Additional landscaping shall be placed along the screening fence on 73'h Avenue. An overall site/landscape plan shall be submitted by the property owner and approved by staff in accordance with the 2003-2004 timeframe defined herein. 10. Concrete driveways shall extend a minimum of 10 feet beyond the scrsening fence into property from the street. 11. A surface drainage plan shall be developed to ensure protection of Norton Creek of pollution and contamination. An overall grading and drainage plan shall be submitted by the property owner and approved by staff in accordance with the 2003-2004 timeframe defined herein. 12. Underground sprinkling, driveways, and parking to comply with our Zoning Code requirements and be installed in accordance with the 2006-2008 timeframe defined herein. 26 Action Taken Letter-Centrai Auto Parts Page 2 Auqust 28, 2003 If you have any questions regarding the above action, please ca11 me at 763-572-3590. � Sincefely, ' i � i , 'l/ l /� ., Scott Hickok Cornmunity Development Director SH/jt cc: Spec�ai Use Perm�i File * __ Addre'ss File Mary Hintz Stacy Stromberg Please review the above, sign the statement below and retum one copy to the City of Fridley Planning Depa�tment by September 12, 2003. C-03-103 27 Concur with action taken. DATE: August 20, 2003 TO: William W. Burns, City Manager FROM: Scott J. Hickok, Community Development Director SUBJECT: Old Business - Central Auto Parts — Special Use Permit Review INTRODUCTION Staff scheduled this item for Council review and potential revocation of the special use permit. The item was before the Council in a public hearing on July 14, 2003, which was continued to August 1 l, 2003. Central Auto Parts represe�tatives have committed to improving the property to meet the City's Code requirements. At this time, staff recommends that the stipulations of both the 1973 and 1992 special use pernuts be combined (and further defined) and that the property owners be required to meet all standards within the timeframe outlined below. Note this timeframe has an adjushnent at the end of the schedule. With that adjustment, all work to bring this property into compliance will be completed by the end of 2008. Both staff and the representa.tives for Central Auto Parts concur witli this schedule. Further, Staff recommends an annual Council review to assure progress is being made in accordance with the agreed upon schedule. If not, staff recommends revocation of the Special Use Permit for Central Auto at the time. ELEMENTS OF RECOMMENDATION Timeframe for completion of improvements by Central Auto Parts, its owners, property owner, heirs, and assigns. ■ lst year (2003-2004) survey and finished site plan, includi.ng hard-surface parking/storage area with curb and gutter, landscape plans, grading and drainage plans; [progress to be reviewed March 2004] ■ 2nd yeaz (2004-2005) city and watershed approvals of design; (note fencing, irrigation, and landscaping outside the fence also to be completed this year) [progress to be reviewed March 2005] r: ■ 3rd year (2005-2006) first phase of grading, storm sewer piping, and storm water detention pond; [pragress to be reviewed March 2006] ■ 4th year (2006-2007) first phase of installation of curb/gutters and paving; [progress to be reviewed March 2007] ■ Sth year (2007-2008) final phase of curb/gutters and paving. [Progress to be reviewed March 2008, with review again i.n 2009 for overall completion/compliance report] STAFF RECOMMENDATION Staff recommends the timeline outlined above and recommends a review of t�is Special Use Pernut each Mazch throughout the course of the timeline to assure adherence to the schedule and compliance with the revised stipulations of the 1973 and 1982 Special Use Pennits listed herein. 1973 Special Use Permit Stipulations 1.Building � shall be metal with brick veneer 2.Timeta.ble for improvements s�e� shall be submitted by the applicant and im.provements to the properiy to be withi.n one year after the street was i.mproved (should be modified to sta.te. Timetable for improvements shall be in accordance with sta.ff schedule outlined in the minutes of the Au�u.st 25 2003 meeti.n� and this reuort da.ted Au�ust 20, 2003) 3.Drainage problem � shall be taken care of as regnired in plan to be approved durin� 2003-2004 timeframe 4, (could be combined. with stipulation #3 of 1982 S.U.P. thereby eliminating the need for this stipulation) S.No cars s�e�l� shall be piled higher than the fence 6.No inoperable cars � shall be parked or stored outside the fence 7.Licensing shall be required �^"'�° „°°a°a and the applicant shall �e-meet requirements of license procedure. 1982 Special Use Permit Stipulations g, (not a legal stipulation, S.U.P. to run with land unless revoked, Therefore, stipulation should be removed) 9.Driveways or limited access shall be authorized onto ��-a� 73 1/2 Avenue. The 3 accesspoints that currentiv exist are permitted No additional access to 73rd shall be permitted. lO.Solid screening fence shall be placed completely around property and fence shall be irnproved by being painted or conshucted of an acceptable color-fast material and shall be uniform in size 11. Additional landscaping sha11 be placed along the screening fence on 73 1/2 Ave. An overall site/ landscape plan shall be submitted. bv the p.ropertv owner and approved bv staff in accordance with the 2003-2004 timeframe defined herein. 12.Concrete driveways shall extend�g a minimum of 10 feet beyond the screening fence into property from the street. 29 13. A surface drainage plan shall be developed to ensure protection of Norton Creek of pollution and contamination. An overail �radin� and draina�e Qlan shall be submitted bv the property owner and ap rop ved by staff in accordance with the 2003-2004 timeframe defined herein. 14. "+ +'�° +;�° �F ��~�'�^.��;�~, ��;a°r Underground sprinkling, driveways, and parking to comply with our Zoning Code requirements and be installed in accordance with the 2006 —2008 timeframe defined herein. 0 30 � � CffY OF FRIDLEI' TO: FROM: DATE: SUBJECT AGENDA ITEM CITY COUNCIL MEETING OF JUNE 12, 2006 William W. Burns, City Manager Jon H. Haukaas, Public Works Director June 12, 2006 Public Hearing for the 2006 Mill and Overlay Project I' 1• 1�: On May 22, 2006 the City Council accepted the Feasibility Report for the 2006 Mill and Overlay project and set a Public Hearing for June 12, 2006. Staff will present the specifics of the project and estimates of assessed costs. An advertisement of this public hearing was published in the Sun Focus on June 2"d and June 9tn In addition, letters were sent to each individual parcel inviting them to give comment on the project at this Public Hearing. JHH,jb Attachments � � CffY OF FRIDLEI' TO FROM DATE: AGENDA ITEM CITY COUNCIL MEETING OF JUNE 12, 2006 William W. Burns, City Manager Jon H. Haukaas, Public Works Director June 12, 2006 PW06-047 SUBJECT: Resolution Ordering Final Plans for the 2006 Mill and Overlay Project The attached Resolution orders the final plans and specifications for the 2006 Mill and Overlay Project. Final plan approval will be brought to the City Council at our next meeting with any changes directed as a result of comment received at the Public Hearing. Recommend the City Council approve the attached Resolution ordering final plan for the 2006 Mill and Overlay Project. JHH,jb Attachments RESOLUTION NO. -2006 A RESOLUTION ORDERING FINAL PLANS AND SPECIFICATIONS AND ESTIMATES OF COSTS THEREOF: MARIAN HILLS NEIGHBORHOOD STREET IMPROVEMENT PROJECT NO. ST. 2006 - 2 WHEREAS, Resolution No.2006-27 ordered the preliminary plans, specifications and estimates of the costs thereof for the improvements in this project, and WHEREAS, Resolution No.2006-28 received the preliminary report and called for a public hearing on the matter of the construction of certain improvements for this project, and WHEREAS, a public hearing was held on June 12, 2006 regarding this project, and WHEREAS, the City Council has determined a need to resurface the streets to maintain them in a safe condition and at a reasonable cost. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley, Anoka County, Minnesota, as follows: 1. That the following improvements proposed by Council Resolution No.2006-28 are hereby ordered to be effected and completed as soon as reasonably possible, to-wit: Street improvements including milling and bituminous paving located as follows: Matterhorn Drive - Gardena Avenue to 1200 Feet South 73rd Avenue - University Avenue to Able Street 2. That the following work be incorporated in the 2006 street improvement project as ST. 2006 - 2. 3. That the work to be performed under this project may be performed under one or more contracts as may be deemed advisable upon receipt of bids. 4. That the Director of Public Works, Jon H. Haukaas, is hereby designated as the engineer for this improvement. He shall prepare plans and specifications and estimates of costs thereof for the making of such improvements. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 12TH DAY OF June, 2006. SCOTT J. LUND - MAYOR Attested: DEBRA A. SKOGEN - CITY CLERK � � CffY OF FRIDLEY Date: To: AGENDA ITEM CITY COUNCIL MEETING OF JUNE 12, 2006 June 5, 2006 William Burns, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Coordinator Stacy Stromberg, Planner Subject: Preliminary Plat Extension Request, PS #05-02, Family Lifestyle Development Corporation I►�iQiZ:��:3 INTRODUCTION John DeMello of Family Lifestyle Development Corporation received preliminary plat approval from the City Council on June 13, 2005, for the properties located at 1314 Mississippi Street, 1340 Mississippi Street, 6421 Central Avenue, 6441 Central Avenue (vacant) and 6461 Central Avenue (vacant). The purpose of the preliminary plat approval is to allow the redevelopment of these parcels for a Senior Housing /Retail mixed use development. A 6-month extension was granted to Mr. DeMello by the City Council on December 5, 2005. On April 27, 2006, staff received a letter from Mr. DeMello requesting an additional 6-month extension to file the final plat. At this time, Mr. DeMello is working with three groups of investors that are completing their due diligence on the project. Mr. DeMello reports that these investors are excited about the project and he is extremely optimistic that one of the groups will move forward with the project, if an extension can be granted. PLANNING STAFF RECOMMENDATION City Staff recommends approval of the 6-month extension to December 13, 2006. � � AGENDA ITEM ��F CITY COUNCIL MEETING OF JUNE 12, 2006 FRIDLEI' INFORMAL STATUS REPORTS