02/07/2011 - 6065�
� CITY COUNCIL MEETING OF FEBRUARY 7, 2011
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FRIDLEY
The City of Fridley will not discriminate against or harass anyone in the admission or access to,
or treatment, or employment in its services, programs, or activities because of race, color, creed,
religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard
to public assistance. Upon request, accommodation will be provided to allow individuals with
disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired
persons who need an interpreter or other persons with disabilities who require auxiliary aids
should contact Roberta Collins at 763-572-3500. (TTD/763-572-3534)
PLEDGE OF ALLEGIANCE.
PRESENTATION:
Annual National Pollutant Discharge Elimination
System (NPDES) Review of Fridley's Stormwater
Pollution Prevention Plan (SWPPP) for 2010.
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of January 24, 2011
NEW BUSINESS:
1. Receive the Minutes from the Planning
Commission Meeting of January 19, 2011 ...................................................... 1- 27
2. Resolution Ordering Advertisement for Bids:
2011 Miscellaneous Concrete Repair
ProjectNo. 401 ............................................................................................... 28 - 29
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 7, 2011 PAGE 2
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUED):
3. Claims ....................................................................................................... 30 - 44
4. Licenses ....................................................................................................... 45 - 46
ADOPTION OF AGENDA:
OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes.
PUBLIC HEARINGS:
5. Consideration of a Text Amendment, TA #11-04,
by the City of Fridley, for the S-1, Hyde Park
Neighborhood Zoning District for the Purpose of
Making Existing Non-Conforming Uses Permitted
Uses, as well as Minor Correction to the Existing
Text................................................................................................................. 47 - 58
6. Consideration of a Text Amendment, TA #11-03,
by the City of Fridley, to Consider the Creation of a
Transit-Oriented Development Overlay Zoning
District Near the Northstar Train Station ......................................................... 59 - 73
7. Consideration of a Text Amendment, TA #11-02,
by the City of Fridley, to Consider Clarification of
the Existing Master Plan Amendment Fee and
Review Procedures in Section 205.24 of the
Fridley Zoning Code ........................................................................................ 74 - 75
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 7, 2011 PAGE 3
NEW BUSINESS:
8. Resolution Requesting the Coon Creek
Watershed District to Expand its Boundaries
to Include a Portion of the City of Fridley
Currently in the Six Cities Water Management
Organization.................................................................................................... 76 - 82
9. Resolution Requesting the Mississippi Watershed
Management Organization to Consider Amending
Its Joint Powers Agreement to Include Membership
of the City of Fridley and Expand its Boundaries
to Include a Portion of the City of Fridley Currently
in the Six Cities Water Management Organization .......................................... 83 - 84
10. Informal Status Reports .................................................................................. 85
ADJOURN.
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CffY OF
FRIDLEY
TO:
FROM:
DATE:
SUBJECT
AGENDA ITEM
CITY COUNCIL MEETING OF FEBRUARY 7, 2011
William W. Burns, City Manager
James Kosluchar, Public Works Director
February 7, 2011
P W10-017
Annual National Pollutant Discharge Elimination System (NPDES) Review of
Fridley's Stormwater Pollution Prevention Plan (SWPPP) for 2010.
In conformance with the City of Fridley's Stormwater Pollution Prevention Plan (SWPPP) to conform to
its National Pollutant Discharge Elimination System (NPDES) requirements, the City as a Municipal
Separate Storm Sewer System (MS4) is required to hold an annual meeting reviewing its SWPPP
activities for the previous year.
The meeting has been advertised in the official newspaper, and is intended to provide the public with
information on the City of Fridley's SWPPP. A presentation will be made summarizing SWPPP activities
for 2010. This item can be moved in the agenda sequence as necessary to accommodate public
attendance related to this item and other items.
JPK/jpk
CITY COUNCIL MEETING
CITY OF FRIDLEY
JANUARY 24, 2011
The City Council meeting for the City of Fridley was called to order by Mayor Lund at 730 p.m.
ROLL CALL:
MEMBERS PRESENT: Mayor Lund
Councilmember-at-Large Barnette
Councilmember Saefke
Councilmember Varichak
Councilmember Bolkcom
OTHERS PRESENT: William Burns, City Manager
Fritz Knaak, City Attorney
Darin Nelson, Finance Director
James Kosluchar, Public Works Director
Scott Hickok, Community Development Director
LEGISLATIVE UPDATE:
State Legislative Delegation.
Representative Tillberry said he is starting his third term and working in the areas of
Commerce and Regulatory Reform, Judiciary Policy and Finance, and Taxes. This year is a
budget year and there is a deficit situation happening and that will be the primary focus.
Representative Carolyn Laine was not able to come this evening.
Senator Barb Goodwin, State Senator District 50, said she is serving her first year in the Senate
and has served three terms in the House. This year the budget shortfall is $7.4B with inflation.
She is on the Finance Committee. She said the budget shortfall is over 20% of the budget.
There is not a lot of excess in the budget so there will be painful cuts. No one will be untouched
by what is happening at the state level. In the past, there were shifts done to cover the holes in
the budget. This year we need to take care of the budget.
Senator Pam Wolf, State Senator, District 51, said this is her first term and she is a teacher by
trade. She will be working in transportation, education, elections and local government. She is
excited to try some new things and take away restrictions for local government to give them the
ability to do what is best for their community.
William Burns, City Manager, asked about the state as a whole and the $3.3 trillion pension
obligation with only $2.3 trillion available. He asked about the pension system and if Minnesota
is different from others.
FRIDLEY CITY COUNCIL MEETING OF JANUARY 24, 2011 PAGE 2
Representative Tillberry said that Minnesota is safer than that and each pension is different.
There are safeguards that were put in place last year. No one could predict the down turn would
hit as hard as it did which does affect pensions. It will have to be looked at like anything else at
the capital.
Councilmember Bolkcom asked about being able to work together and not being so partisan.
She said if it worked, what would be different?
Senator Goodwin said everyone wants the problems solved but everyone has different
approaches to the problems. There will be different approaches and it will take everyone to
solve the problems. There are a lot of new members but the budget is very difficult to learn and
understand. There is no simple answer.
Councilmember Bolkcom asked what the best way is to get a hold of everyone.
Senator Goodwin said through the Minnesota Legislature website or by calling the Minnesota
Senate or House of Representatives.
Councilmember Barnette asked what was happening with local government aid.
Representative Tillberry said that LGA will be going away, as that is part of the cuts that have
been presented.
Mayor Lund said that there are always ways to find positives as to what others may see as a
negative. The problem with the loss of LGA is that this was the Minnesota Miracle in 1971; the
miracle fix for cities. Sales tax was created for the Minnesota Miracle and with loss of LGA, he
asked why there wasn't a reduction in sales tax. He said he is willing to take the hardship that
will come, but people want to see the fix, not the accounting shifts that have happened in the
past. This is a big issue to deal with that has not been addressed in the last several years.
Restoring local authority would be great because cities have unique issues. To lump the cities
together does not work well so he would like to see that happen.
Senator Wolf said there are specific mandates and she is looking for input from local authorities
as to what type of mandates are tying their hands and what they can to do lift the burden.
Senator Goodwin said from a Finance Committee view she would like to know what the
mandates are in the proposal and what they cost, how many jobs they will create and how many
will be cut.
Dr. Burns said a smart budget involves choices around priorities. He asked to what extent the
state can provide information to understand what is discretionary and what is mandated.
Senator Goodwin said the important thing is to look at outcomes rather than programs. We
need to demand that programs show an outcome. With mandated outcomes we will be able to
decide what programs are working and what programs need to be thrown out. If outcomes are
met, they will get the contract again.
FRIDLEY CITY COUNCIL MEETING OF JANUARY 24, 2011 PAGE 3
Representative Tillberry said there are so many exemptions that take place in a tax situation.
Mayor Lund asked why those programs aren't eliminated.
Representative Tillberry said then all the exemptions would go away. People forget that other
states are not giving out exemptions. He added that as a resident of Fridley he sees great value in
the Springbrook Nature Center proj ect and hopes to put that back out there.
PRESENTATION:
WinterFest — Saturday, January 29, 2011.
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of January 3, 2011.
APPROVED.
OLD BUSINESS:
1. Second Reading of an Ordinance Amending Fridley City Code, Chapter 901,
Creating Petty Misdemeanor Violations.
William Burns, City Manager, said these amendments convert 42 misdemeanor violations to
petty misdemeanors. The change will simplify the process of charging and adjudicating these
violations without loss of revenue. There is nothing in this ordinance that changes the actual
violations or their definitions. Staff recommends Council's approval.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
OLD BUSINESS:
2. Approve Comprehensive Sign Plan for Fridley Interstate Rail Distribution Center,
Generally Located at 5100 and 5110 Main Street N.E. (Ward 3).
William Burns, City Manager, said the City Code requires shopping centers and multi-tenant
buildings to have comprehensive sign plans. Industrial Equities, the owner of the two Main
Street Buildings has submitted the plan which meets all of the City's criteria. 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 24, 2011 PAGE 4
3. Request for an Extension for Special Use Permit, SP #07-09, for the Sikh Society, to
Allow the Construction of a Worship Facility in an R-1, Single Family District,
Generally Located at 5350 Monroe Street (Ward 1).
William Burns, City Manager, said Council approved a special use permit for the Sikh Society
allowing them to construct a church on their property at 5350 Monroe Street in November of
2007. Council granted them extensions in January of both 2009 and 2010. They are asking for a
third one year extension that they believe will give them time to accumulate additional funding
to construct their Fridley Church. Staff recommends Council's approval.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
4. Approve 2011 Agreement for Residential Recycling Program between the City of
Fridley and the County of Anoka.
William Burns, City Manager, said the agreement with Anoka County allows Fridley to receive
$66,666.05 in SCORE Funding from Anoka County. Due to County-wide distribution
adjustments, the amount is $422.99 less than we received in 2010. The agreement, however, is
the same as the agreements for both 2009 and 2010. Staff recommends Council's approval.
APPROVED.
5. Resolution Ordering Improvement, Approval of Plans and Ordering Advertisement
for Bids: Sanitary Sewer Lining Project No. 400.
William Burns, City Manager, said the plan includes .94 miles in five project areas. The
projected cost of this work is $190,400. Should bids come in higher than the $190,000 included
in the 2011 Capital Improvements Plan, staff will adjust the project scope. Staff recommends
Council's approval.
ADOPTED RESOLUTION NO. 2011-06.
6. Resolution Approving Entering into a Joint Powers Agreement for Wellhead Protection
in Anoka County
William Burns, City Manager, said the Minnesota Department of Health required Minnesota
cities to submit wellhead protection plans in 1997. Fridley subsequently joined with 9 other
Anoka County Cities and Anoka County for j oint preparation of these plans. Fridley submitted
its plan to the State in 2008 and was granted plan approval in 2009.
Dr. Burns said since then Anoka County is asking the same ten cities to continue to meet as a
Joint Powers Authority to discuss the implementation of these plans. This agreement does not
create any obligation to fund any proj ect. It simply permits the ten cities to meet with Anoka
County and discuss measures that might be taken to jointly implement portions of each city's
FRIDLEY CITY COUNCIL MEETING OF JANUARY 24, 2011 PAGE 5
plan. It also recognizes the enhanced ability that a j oint powers organization has in attracting
outside funding. Staff recommends Council's approval.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
7. Claims (149226-149479).
APPROVED.
8. Licenses.
APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE.
ADOPTION OF AGENDA:
Councilmember Bolkcom asked for Item Nos. 1, 2, 3 and 6 to be removed from the consent
agenda.
MOTION by Councilmember Barnette to approve the Consent Agenda with the removal of Item
Nos. 1, 2, 3 and 6. Seconded by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
MOTION by Councilmember Bolkcom to adopt the agenda with the addition of Item Nos. 1, 2,
3, and 6. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OPEN FORUM:
No one from the audience spoke.
NEW BUSINESS:
3. Request for an Extension for Special Use Permit, SP #07-09, for the Sikh Society, to
Allow the Construction of a Worship Facility in an R-1, Single Family District,
Generally Located at 5350 Monroe Street (Ward 1).
Councilmember Bolkcom was concerned because this is the third extension which should be
the last one granted. She realizes that some issues are related to funding but she would not
support another extension beyond the one requested tonight.
FRIDLEY CITY COUNCIL MEETING OF JANUARY 24, 2011 PAGE 6
DJ Sikka, President of the Board of Directors for the Sikh Society, said the Sikh Society has
been in Fridley for 17 years and recently relocated to Bloomington. Most people live in the
Fridley/New Brighton area and want to build another church in Fridley. If funding is not able to
be raised to build another church, the land may be sold.
Mayor Lund said soon the current site will need to be vacated and people will have to go to
Bloomington. He said it sounded like people have been going to church in Fridley for 17 years
and would like a site here.
Mr. Sikka said that is correct. They need the funding, as banks will not give loans to churches.
They moved because they sold the current building to the City. They are looking for the last
extension of one year.
Councilmember Bolkcom said that the proposed site still has other details to be worked out.
MOTION by Councilmember Saefke to approve the request for an extension for Special Use
Permit, SP #07-09, for the Sikh Society, to allow the construction of a Worship Facility in an
R-1, Single Family District, generally located at 5350 Monroe Street. Seconded by
Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
PUBLIC HEARING:
9. Preliminary Assessment Hearing on Street Rehabilitation Project No. ST2011-01.
MOTION by Councilmember Bolkcom to waive the reading of the public hearing notice and
open the public hearing. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT
8:19 P.M.
James Kosluchar, Public Works Director, said the purpose of this preliminary assessment
hearing is for the City Council to discuss this local improvement before ordering is done. The
City Council will consider the information in the feasibility report and any other information
necessary. Interested persons are invited to speak to the City Council about the project.
Mr. Kosluchar said this is the sixth year under the City's major maintenance program for
asphalt streets that have concrete curb and gutter. This program was developed to rehabilitate
the deteriorated asphalt surface on a recurring schedule. The program targets pavements of a
condition where pothole patching, crack sealing, and seal coating are no longer sufficient to
efficiently maintain a quality surface.
FRIDLEY CITY COUNCIL MEETING OF JANUARY 24, 2011 PAGE 7
Mr. Kosluchar said the proj ect includes the Hyde Park neighborhood and adj acent properties to
the west of Main Street.
Mr. Kosluchar said that property owners were sent a mailing on September 23 which included
an invitation to an open house held on September 30, 2010. Twenty people and 3 City Council
members attended. A notice was mailed with a Project Questionnaire. Property owners were
sent a mailing on January 3 and 4 which included a Notice of a Public Hearing that included
estimated special assessment based on policy.
Mr. Kosluchar said at the open house, staff provided a 20-minute presentation and responded to
questions on topics such as special assessments, access concerns during construction, project
schedule, utility maintenance/drainage/curbing and refuse vehicles and their impacts. He said 65
questionnaire responses have been received to date, which is about a 30% response. Many
phone calls have been received by staff as well. Public comment has been generally favorable
and understanding of need.
Mr. Kosluchar said the 2011 planned work included 28 street segments considered in the plan
and proposed initially. Seventeen street segments in the North Industrial area were deferred
from 2011 construction. Eleven street segments remain in this project. Nine street segments are
to receive reclaiming of asphalt surface due to weak road base. Two street segments are to
receive 2'/z" mill and overlay of asphalt surface (Main Street). Minor underground utility repairs
will precede mill and overlay in early 2011. The appro�mate schedule to complete mill and
overlay will be within four weeks of construction start; from mid-May to mid-August 2011.
Mr. Kosluchar reviewed the tentative schedule for the 2011 project. The preliminary
assessment hearing will be held in January. Utility work should begin in March. Bids opened
for repaving in March, 2011. Construction should being in May or June and completed in
August. The public hearing to set assessments will be held in October and the assessments will
begin in January, 2012.
Mr. Kosluchar reviewed the proj ect budget:
Estimated Project Cost = $495,000
$ 70,000 City of Fridley Municipal State Aid
$ 375,000 special assessment to adj acent properties
$ 20,000 from Water Utility Fund
$ 15,000 from Sanitary Sewer Utility Fund
$ 15,000 from Storm Water Utility Fund
Mr. Kosluchar said letters to all assessable parcels regarding the final assessment hearing to be
held in October, will be sent about two weeks in advance of the hearing. Letters to all assessed
parcels regarding the final assessment amount and payment options will be sent in October or
November.
FRIDLEY CITY COUNCIL MEETING OF JANUARY 24, 2011 PAGE 8
Mr. Kosluchar said if homeowners have any questions regarding the project they may contact
him or Layne Otteson, Assistant Director of Public Works.
Councilmember Bolkcom asked for an explanation about the issues related to industrial
properties.
Mr. Kosluchar said there were a number of issues related to the economy and how businesses
were affected. A high percentage of industrial properties were vacant or for sale. The project
could force active businesses to close and affect those who were trying to sell or lease property.
Councilmember Bolkcom asked if the residential property concerns were heard.
Mr. Kosluchar said residents generally had questions on how the project would work and about
their sanitary sewer services. There were limited comments on the actual proj ect.
Councilmember Bolkcom said the industrial properties took up a majority of the time. She
commented that residents would be charged an estimated $1,600 and asked if that was correct.
Mr. Kosluchar said correct.
Councilmember Bolkcom asked if staff received many telephone calls related to issues such as
water standing in the street or whether the project needed to be done.
Mr. Kosluchar answered no.
Councilmember Bolkcom asked what would happen to the five-year plan if the proj ect were
delayed because of poor economic times.
Mr. Kosluchar said the plan would need to be compressed. One year would not make it
impossible to accomplish, but if it were deferred over several years it will get behind. The City
tries to repair the streets before they require too much maintenance.
Councilmember Varichak asked if the proj ect would be a higher price if it were delayed.
Mr. Kosluchar said contractors and homeowners are hurting but contractors are bidding at fairly
decent prices. Quotes are down about 20% from the pre-economic downturn. Oil prices have a
great affect on the project, so economic recovery prices would more than likely be higher.
Josh Davis, 5923 2"d Street, said he moved into his house two years ago. It was a foreclosure
with a lot of potential. He has put a lot of money into the home and both years the value has
gone down. He is trying to sell the house and will lose money on the house. He said $1,600 is a
lot of money to add to a home he is already going to lose money on. His house does not even
have a driveway that meets that street. He has to drive down the alleyway and the alleyway does
not get service from the City.
Mayor Lund asked if the alleyway is a through street or a dead end.
FRIDLEY CITY COUNCIL MEETING OF JANUARY 24, 2011 PAGE 9
Mr. Davis said it is a dead end and the apartments are empty so no one cares to plow it.
Councilmember Bolkcom said if Mr. Davis sells his home, he would still be responsible for the
assessment.
Mayor Lund said the tax value statements are about 18 months behind so the valuation could
start to increase slightly.
Dave Rust, 262 57th Place, asked about the handicap ramps on 61st Avenue that have no
sidewalks. He asked why the City spends money on these ramps when they lead to nowhere.
Mr. Kosluchar said that is part of an ADA compliance project on 61st Avenue where Federal
dollars were used to upgrade those areas. The cost of the ramp was minor compared to getting
people across the street safely.
Mayor Lund said asked if this was a mandated project.
Mr. Kosluchar said the proj ect was not mandated but the result was mandated with ADA
requirements. Also more attention was needed for accessibility of roadways and streets by
pedestrians using pathways.
Councilmember Bolkcom asked if Mr. Rust was for or against the proj ect.
Mr. Rust said he has always been happy with Fridley streets and did not mind paying for what
we need. He said he did not want to pay for things not needed. His main concern is that nothing
seems to be maintained after the project is complete. Street lights out, trees not maintained, etc.
Councilmember Bolkcom said if people see things they do not like they should let Council
know.
Scott Hickok said that the trees were cut down on 57th Avenue that had died and were replaced
along the corridor. He added that the landscaping in front of the Rust property is poorly
maintained. Other people maintain their own property. The north side has not been maintained
and has dead plants and hedges not trimmed. Some lights were wired for energy purposes to
have them half on and off as a cost-saving effort. He said if there is a bulb out, please let us
know.
Betty Loewen, 276 58th Avenue NE, asked if the entire road was being ripped out.
Mr. Kosluchar said that segment will have more extensive work done.
Ms. Loewen asked about the curb, because she has a new curb.
Mayor Lund said they would not touch the concrete curbs; only the asphalt curbs.
Ms. Loewen asked approximately how long the project would take because she has a renter who
FRIDLEY CITY COUNCIL MEETING OF JANUARY 24, 2011 PAGE 10
would have to park on a different street.
Mayor Lund said to contact Mr. Kosluchar for the timing of the proj ect. Staff tries to minimize
the inconvenience to homeowners.
Councilmember Bolkcom said there may be a day she cannot get into her driveway. The
inconvenience is minimal.
Mr. Kosluchar said the new pavement can be driven on in matter of hours. It takes about eight
hours to cure. If there were a medical reason homeowners needed access they would
accommodate their schedule.
Barney Coelho, 6061 Third Street NE, said he was opposed to this project because of the
timing. He said many families are looking at line items in budgets to cut things and this will add
further hardship. If this project could be deferred for a year or two it would be better. His
original assessment was $3,200 but then was corrected to $2,000. His vote would be to delay the
project and give the economy and families a chance to get themselves back on their feet
financially before taking on a big project.
Mayor Lund said he was not the first person to bring that up. The proj ect was deferred for the
commercial industrial area because they were hit hard the year before. Oil prices will not
diminish over the years so delaying the project could be costly. No one predicted the economy
would be as bad as it is until it happened. We are concerned about cost.
William Burns, City Manager, said the streets may be 3 to 4 times worse than they are now if
the project is delayed.
Councilmember Bolkcom did not think one year would make a big difference.
Mayor Lund said contractors are looking for work so rates are good. No one knows how much
it will be a few years from now. It may cost more to do the project. Staff is very conservative in
estimates and even estimate on the high side. It is very rare to see the cost go higher than the
original estimate.
Councilmember Bolkcom said if this project goes ahead and bids come back outrageously
higher, way above the $1,600 per household, we would not do the project.
Councilmember Varichak thought the project should be delayed one year and it should be done
with the Hyde Park area next year.
Councilmember Bolkcom said it is not just about people struggling right now, they also may
not be employed right now.
Paul Sleezer, 334 Lock Lake Road, said that $170 a year is not going to hurt him, but he was
surprised that the same project was assessed at $834 five years ago. He is concerned about the
traffic on the road and the weight on the streets. Commercial businesses may be having financial
FRIDLEY CITY COUNCIL MEETING OF JANUARY 24, 2011 PAGE 11
problems but they should pay more of their share because of the heavy traffic their business
brings to the roads. The street does need work and if the fee goes up 20% every year, it may as
well get taken care of now.
Mayor Lund said the assessment proportion is a 40/60 ratio; 40% commercial base vs. 60%
residential.
Mr. Kosluchar said the commercial properties end up paying a larger portion of the assessment.
Mayor Lund added that residents only pay for their side of street and the commercial properties
pays for both sides of street.
Norma Rust, 262 57th Place, said single family homeowners are assessed $1,600 and
commercial properties pay based on linear foot ($23.50 per linear foot). The average City lots
are 100 feet wide and some are smaller in Hyde Park If homeowners with smaller lots paid at
the $23.50 per linear foot their assessment could be $1,175.
Mayor Lund said some type of formula needs to be used and whether people have smaller lots
or larger lots they all use the street in the same manner.
Ms. Rust asked for more explanation as to how they arrived at that number.
Mayor Lund said this was covered at the informal meeting.
Councilmember Bolkcom thought it would be a good idea to add more information to the letter
to explain how the City arrived at that figure.
MOTION by Councilmember Saefke to close the public hearing. Seconded by Councilmember
Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT
9:40 P.M.
OLD BUSINESS:
10. Consideration of Payment of Estimate for Valley Paving for the 2010 Street
Rehabilitation Project No. ST2010-01 (Tabled December 13, 2010).
MOTION by Councilmember Bolkcom to remove this item from the table. Seconded by
Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
FRIDLEY CITY COUNCIL MEETING OF JANUARY 24, 2011 PAGE 12
James Kosluchar, Public Works Director, said Valley Paving made some corrections. The
work that remains will be corrected by June 1, 2011. The City will hold the retainer and four
segments where there were surface problems, and they agree to pay to sealcoat those streets. He
is happy with the agreement and they came to a reasonable compromise.
Councilmember Bolkcom asked if staff was comfortable with the timing. She asked if it could
be completed by June 1, 2011.
Mr. Kosluchar answered yes.
Councilmember Bolkcom asked if staff felt that sealcoating would fix the problem.
Mr. Kosluchar reviewed it, the engineer looked at it along with contractors and all agreed that
this would be the best manner in which to repair the street.
Councilmember Bolkcom asked if the number is high enough to cover the repairs without
costing the City and tax payers any additional money.
Mr. Kosluchar answered yes.
Councilmember Bolkcom asked if a letter would be sent out to homeowners outlining what will
happen in their neighborhood and when it will be completed.
Mr. Kosluchar said something would be sent out in the next few weeks.
MOTION by Councilmember Saefke to approve the payment of the estimate for Valley Paving
for the 2010 Street Rehabilitation Project No. ST2010-01. Seconded by Councilmember
Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OLD BUSINESS:
1. Second Reading of an Ordinance Amending Fridley City Code, Chapter 901, Creating
Petty Misdemeanor Violations.
Councilmember Bolkcom asked about the number of misdemeanor violations.
William Burns, City Manager, said the number of misdemeanors in the ordinance was correct
and there is nothing to amend; there are 42 total. There was a concern of allowing repeats for
petty misdemeanors to get off with multiple offenses. Mr. Abbott was saying that the law allows
the courts to escalate that penalty.
FRIDLEY CITY COUNCIL MEETING OF JANUARY 24, 2011 PAGE 13
Fritz Knaak, City Attorney, said the authorization is given to the courts. The Anoka Courts
have a fine schedule and an escalating fine schedule. Each time you offend, you get a higher
fine. The courts take care of that.
Dr. Burns said some items require appearance in court and many are currently allowed to pay a
fine and avoid court costs. The court may now deem the person guilty and use a collection
agency to collect any unpaid amounts. This avoids the costs associated with drafting a formal
complaint, issuing and serving an arrest warrant, and further court appearances.
MOTION by Councilmember Bolkcom to waive the reading of the ordinance and adopt
Ordinance No. 1274 on second reading an order publication. Seconded by Councilmember
Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
NEW BUSINESS:
11. Resolution Ordering Final Plans, Specifications and Calling for Bids: 2011 Street
Rehabilitation Project No. ST2011-01.
Councilmember Bolkcom said she has not heard from a lot of people and people here tonight
were half and half. There was not an overwhelming amount of people asking to defer and do a
bigger proj ect next year.
Councilmember Varichak said if people did not want the proj ect, more people would have
come to say they did not want it. A year from now it will cost more.
Mayor Lund said Council is clearly sensitive to economic times and the hardship this puts on
homeowners. He said he will vote in favor of the project. If we wait, more construction may be
needed.
Councilmember Barnette said he did not hear a tremendous outcry from people opposed to
this. For the amount of residents involved in the project, not many came forward. Homeowners
who have a hardship can go with the 10-year pay plan. The amount of $1,600 is a lot of money,
but if delayed, the price will just go up. If bids come in really high, we will not do it.
Councilmember Saefke was concerned about the cost but rode the streets this summer and the
streets are due to be fixed. If we let it go it will not be any cheaper. If the final price comes back
too high we can say no or reduce the scope of the proj ect.
MOTION by Councilmember Bolkcom to adopt Resolution No. 2011-08. Seconded by
Councilmember Barnette.
UPON A VOICE VOTE, MAYOR LUND, COUNCILMEMBER BARNETTE,
COUNCILMEMBER SAEFKE AND COUNCILMEMBER BOLKCOM VOTING AYE,
FRIDLEY CITY COUNCIL MEETING OF JANUARY 24, 2011 PAGE 14
AND COUNCILMEMBER VARICHAK VOTING NAY, MAYOR LUND DECLARED
THE MOTION CARRIED ON A 4 TO 1 VOTE.
2. Approve Comprehensive Sign Plan for Fridley Interstate Rail Distribution Center,
Generally Located at 5100 and 5110 Main Street N.E. (Ward 3)
Councilmember Saefke asked if the permits had been secured.
Scott Hickok, Community Development Director, said the permits have been applied for but not
issued. This was done so they will match the sign plan that is approved.
Councilmember Bolkcom asked about the tenant who modified their sign. Are they required to
comply, or can it stay because they are grandfathered in?
Mr. Hickok said after they get 3 or more tenants, a comprehensive sign plan is required.
MOTION by Councilmember Bolkcom to approve the Comprehensive Sign Plan for Fridley
Interstate Rail Distribution Center, generally located at 5100 and 5110 Main Street N.E.
Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY
6. Resolution Approving Entering into a Joint Powers Agreement for Wellhead
Protection in Anoka County.
Councilmember Bolkcom asked if the County was going to vote.
James Kosluchar, Public Works Director, answered no.
Councilmember Bolkcom asked if staff was comfortable there was enough time to bring
information on the implementation of a wellhead protection project to Council to discuss and
notify the Group Facilitator.
Mr. Kosluchar said they are proj ecting to meet quarterly so the time was extended from 10 to
30 days for City Council review.
Councilmember Bolkcom said it says cities will work on projects together to get a better deal.
She wanted to make sure that there would never be a project done in another city that we have to
help pay for.
Mr. Kosluchar said correct. The project would be divided up by numbers and addresses so we
pay only our portion.
FRIDLEY CITY COUNCIL MEETING OF JANUARY 24, 2011 PAGE 15
MOTION by Councilmember Bolkcom to adopt Resolution No. 2011-07. Seconded by
Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY
12. Informal Status Reports.
Councilmember Bolkcom said the Springbrook Nature Center is having their Annual Spring
Spree on Apri19, 2011.
ADJOURN:
MOTION by Councilmember Barnette to adjourn. Seconded by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 10:23
P.M.
Respectfully Submitted,
Krista Monsrud Scott J. Lund
Recording Secretary Mayor
PLANNING COMMISSION MEETING
January 19, 2011
Chairperson Kondrick called the Planning Commission Meeting to order at 7:00 p.m.
MEMBERS PRESENT: Leroy Oquist, Jack Velin, David Kondrick, Brad Sielaff,
Brad Dunham, and Dean Saba
MEMBERS ABSENT: Marcy Sibell
OTHERS PRESENT: Stacy Stromberg, Planner
Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Mark and Janet Kreutter, 5916 — 2"d Street NE
Paul Slesar, 44 Locke Lake Road
Rick Anderson, 5948 — 2'/2 Street
Rick Bistodeau, 101— 57t'' Place
David Rust, 5735 Quincy Street NE
Pam Reynolds, 1241 Norton Avenue NE
Joanne Zmuda, 6051 - 4t'' Street NE
Audrey Nelson, 250 — 61St Avenue NE
Mike Flynn, 1220 Mississippi Street
Pat Gabel, 5947 — 2'/2 Street NE
John Anderson, 5909 — 2"d Street NE
Karissah Bellagotti-DeSantis, 6144 — St'' Street NE
Approval of Minutes: November 17, 2010
MOTION by Commissioner Oquist to approve the minutes as presented. Seconded by Commissioner
Sielaff.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY.
PUBLIC HEARINGS
1. Consideration of a Public Hearing for Text Amendment TA #11-04, by the City of Fridley,
for the S-1, Hyde Park Neighborhood zoning district for the purpose of making existing
non-conforming uses permitted uses, as well as minor corrections to the existing text.
MOTION by Commissioner Saba to open the public hearing. Seconded by Commissioner Velin.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED AT 7:04
P.M.
Stacy Stromberg, Planner, stated during the Comprehensive Plan process, there was a great deal of
concern about the condition of the rental housing in the S-1, Hyde Park Neighborhood zoning district. As
a result, one of the action steps in the plan was to consider amending the Hyde Park zoning district to
allow redevelopment of property with existing multi-family housing to new multi-family housing.
Ms. Stromberg stated the Hyde Park Neighborhood is bordered by Main Street on the west, 61St Avenue
to the north, University Avenue to the east and 57t'' Place to the south.
Ms. Stromberg stated when the Hyde Park neighborhood was developed it was made up of a mixture of
commercial entities and all types of residential units. Currently, all but one of those commercial entities
has been acquired and has been replaced with single-family housing. Hyde Park development is
consistent with how neighborhoods typically developed before strict zoning laws were put into place.
These mixed use developments where people can live, work (shop), and play is something more and more
cities are striving to re-create, with Fridley being no different. Since this type of mixed use neighborhood
was not looked on favorably in the 1970's, the S-1, Hyde Park zoning district was adopted in 1976 to
allow all uses currently within that district to be continued but at which time a use other than a single-
family home was destroyed by more than 50 percent, only a single-family home could be rebuilt. For
example, if a 12-unit apartment building were destroyed, only a single-family home would be allowed to
be rebuilt on that parcel of land, unless the parcel was large enough for more than one single-family lot to
be created (platted).
Ms. Stromberg stated this requirement is a financial disincentive to reinvestment for existing multi-
family properties owners who have no legal means in the future to recoup their investment. As a multi-
family building ages (most buildings are 40-50 years old) and the building can no longer meet the
requirements to obtain a rental license, the value of the property declines to only the value of the land.
Through staff's research it was determined that a simple text modification amending the permitted uses
section in the Hyde Parking zoning code would allow any existing uses to be considered permitted
(allowed). This would allow for reinvestment and possible redevelopment of the existing multi-family
structures within Hyde Park. Other minor modifications are also being made to the text to update the
code and make it easier to interpret and enforce.
Ms. Stromberg stated as stated above, staff has taken some time over the last few months to research the
existing Hyde Park code language. It determined that minor modifications needed to be made to the
language to allow existing uses, to be considered permitted uses. It also took this time to amend other
sections of this zoning code that need updating. Those sections are the purpose statement, the district
boundaries, the accessory and existing uses sections, provide clarification on the lot width and setback
sections, allow additional lot coverage, and make a minor change to the Refuse section.
Ms. Stromberg stated the following are descriptions and explanations for each code modification. When
the Hyde Park overlay district was adopted, the idea was to remove any commercial or multi-family
housing and replace it with single-family dwellings. The purpose statement within the existing Code
clearly articulates that. Staff is proposing to modify this section to acknowledge the unique
characteristics of this neighborhood that currently provide a mixture of housing types. It is the City's
goal to support the residential character of this neighborhood, while also promoting reinvestment within
existing structures and allow for future redevelopment. The purpose statement has been modified to
convey these points.
Ms. Stromberg stated the modifications to the district boundaries section is simply taking out the legal
descriptions of the existing properties and adding a section that describes the Hyde Park Neighborhood by
the streets it is bordered by. If legal descriptions are used to describe the neighborhood, it is likely there
will be a need to update it more often because, every time a new plat is created in this neighborhood, a
2
new legal description would need to be added to the district boundaries section. As a result staff would
recommend simply describing the neighborhood by its bordered streets.
Ms. Stromberg stated in this section, currently what is considered a permitted use is a one-family
dwelling. In order to allow existing uses, whether duplexes or 12-units building, to be permitted, staff
recommends adding a section to the Code that will instead read, "One-family dwellings, except for those
uses as allowed as part of section 20523.4.C.(1). That section of Code states, "All e�sting uses will be
classified as permitted uses within the zoning district on the present property which they occupy". In
other words this statement clarifies that multi-family use properties are considered permitted uses that can
be reinvested in and rebuilt, but not geographically expanded.
Ms. Stromberg stated City staff determined that for consistency purposes, this section of Code should
match that of the R-1, Single Family section of Code. The e�sting language points to the need for a
special use permit for accessory structures, which is something that was removed from the R-1 section of
Code several years ago. Staff recommends modifying this section of Code to match that of the R-1,
Single Family zoning district.
Ms. Stromberg stated several years ago amendments were made to State Statute and our Zoning Code
that allows non-conforming uses to be rebuilt, whether the property owner chooses to replace the building
or if the building is destroyed or damaged by natural peril. Sections 2 and 3 in the "Existing Uses"
section should have been removed at the time of the adoption of this State Statue into our Code because it
is contradictory to what the State Statue allows. As a result staff recommends removal of Section 2 and 3
in this section.
Ms. Stromberg stated within the lot width section of the Hyde Park zoning district, there is a set of
setbacks for living space and accessory structures, which staff finds confusing and unnecessary.
Appropriate setback requirements have already been established in the "Setback" section of this zoning
district. Staff recommends removal of the setback requirements within the lot width category.
Ms. Stromberg stated when the O-6, Overlay District was approved in 2000, it recognized smaller lots
sizes, platted prior to 1955 throughout the City to be conforming. Within that overlay district there is an
increase in lot coverage requirement and reduced setback requirements, which allows for additional
opporiunities development on those small lots. Since the Hyde Park zoning district also has smaller lots
sizes and reduced setback from the standard R-1, Single Family zoning code, staff determined that it was
appropriate to increase the lot coverage requirement from 25 percent to 35 percent in this zoning district
as well. This standard matches the lot coverage standard that is in the O-6 Overlay zoning district.
Ms. Stromberg stated in 2005, several parcels within the Hyde Park Neighborhood along 3rd Street were
replatted to allow for the construction of 16 new single-family homes. At that time, a text amendment
was also approved that would allow reduced side yard setbacks specifically for new construction. Staff
has determined that the reduced setbacks should apply to all properties within this zoning district and not
specifically to new construction. Since the Hyde Park zoning district allows reduced lot size, reduced
setbacks seem appropriate. This change will also be consistent with the setback dimensions used in the
O-6 Overlay district.
Ms. Stromberg stated while reviewing this section of Code, staff also discovered a typo related to the
height of an accessory structure. In all other sections of code, accessory structures shall not exceed 14
feet in height. For some reason, this section references 15 feet. For consistency sake, staff recommends
correcting the 15-feet height limitation to 14 feet.
Ms. Stromberg stated this amendment is a minor change, to remove the word "Waste" and replace it will
"Refuse" which is the title of the Code section for which this section applies.
Ms. Stromberg stated along with these text amendments for the Hyde Park zoning district, staff is also
proposing the adoption of a new Transit Oriented Development (TOD) overlay zoning district. The Hyde
Park neighborhood is proposed to be included in the TOD overlay district. Uses and standards proposed
to be permitted within this overlay are covered in a separate report within the Commission's packet.
Ms. Stromberg stated staff would like to point out that even if the TOD overlay ordinance is not
approved, it would still recommend that these modifications be made to the Hyde Park zoning district
language.
Ms. Stromberg stated City staff recommends approval of the proposed changes to the S-1, Hyde Park
Zoning District. These changes will not only allow for reinvestment and redevelopment of both existing
single-family and multi-family properties, but also will help clean up some of the minor imperfections
found in the code language.
Ms. Stromberg stated this item will go before the City Council on February 7, 2011, for Public Hearing.
Commissioner Velin asked if there are any buildings now that are 15 feet?
Ms. Stromberg replied, there has not been a building permit issued for anything over the 14 feet at the
midspan in the Hyde Park Zoning District for accessory structures. Again, she just thinks that was a typo.
MOTION by Commissioner Saba to receive a letter from Mr. Ronald Newland. Seconded by
Commissioner Dunham.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Pam Reynolds, 1241 Norton Avenue NE, stated she is not in Hyde Park; however, she is opposed to the
proposed text amendment. This proposed language is enacted to drastically change the character of this
neighborhood. Development staff considers the proposed language to be simple and minor in nature. The
proposed changes would alter four of seven sections of the existing Code. Perhaps the only change which
could be considered minor would be changing the word "Waste" to "Refuse" in Section 7(c); however,
this change would then require the costly process to change the language in other zoning codes.
Ms. Reynolds stated although the proposed ordinance language misidentifies the sections to be amended.
The arbitrary and capricious changes to Sections 2, Purpose; Section 4, Uses Permitted; and Section 5,
Lot Requirements are about as minor as a heart attack. The changes included in these sections would
produce a 180-degree change to the current language and the overall character of the neighborhood.
Ms. Reynolds stated the memo dated January 19 from the Community Development Department contains
several contradictory statements. Under the heading "Accessory Uses," staff feels the ordinance should
match R-1 zoning. R-1 does not allow for R-3 multi-family housing. In the section, Lot Coverage, staff
recommends mirroring the language found in the 0-6 zoning language which allows for increased lot
coverage from 25 to 35 percent. Yet in the section titled, "Uses Permitted," principal uses, staff states, in
other words this statement clarifies that multi-family use properties are considered permitted uses and can
be reinvested in and rebuilt but not geographically expanded. Increase in lot coverage is clearly an
expansion of geographical expansion. The omission in this proposal of the desire to raise building height
0
to 45 from the current 30 would also qualify as a geographical expansion. This language will show up in
TA #11-03 which seeks to establish transit-oriented development.
Ms. Reynolds stated in the History section of this memo, staff indicates the S-1 zoning was enacted in
1976. Perhaps the action began in 1976, but the creation of the S-1 special zoning was enacted via
Ordinance 678 on June 5, 1978. When the Council agreed to Ordinance 678, one of the purposes of its
adoption was to reestablish the residential character of the neighborhood. The proposals before them this
evening will serve to nullify the contract and commitment the City of Fridley entered into with these
properiy owners 33 years ago. Based on the mish-mash of land uses created by the zoning laws and City
development staff at that time, it was the appropriate action to take. It is her understanding the process
began with a petition from the neighborhood to create a restricted residence district. This type of district
is supported and allowed in Minn. Stat. § 462.12. She believes this language would require 50 percent of
the property owners within the neighborhood to support the proposed language changes.
Ms. Reynolds stated staff would also lead you to believe the proposed language changes were generated
while discussing concerns with the condition of multi-family properties during neighborhood planning
meetings held in preparation for revising the Comprehensive Plan. However, they failed to include in
their memo the information found in Chapter 5 which is the Housing Plan on page 48 of the
Comprehensive Plan which states in part, the condition of multi-unit housing was evaluated separately for
the Hyde Park neighborhood. Results showed that there were not markedly lower exterior housing
conditions in the neighborhood. In fact, no multi-family properties ranked poor in this neighborhood.
Staff notes that while many multi-family structures in this neighborhood are in sound structural condition,
they are poorly designed with insufficient parking or dumpster space and there is widespread lack of yard
maintenance.
Ms. Reynolds stated it is her opinion the language currently in place would not only allow but requires
multi-family properties to meet the maintenance standards appearing in the S-1 zoning text. Staff would
also lead you to believe the existing language does not allow for remodeling or replacement of the multi-
family housing in this neighborhood. Recently this zoning language was changed to allow smaller lot
sizes for the HRA project along Third Street and updated to allow the replacement of multi-family
housing to the original footprint per changes in State Statute.
Ms. Reynolds stated currently the HRA owns several properties in the Hyde Park covered by the
scattered site language secured in the 2009 Minnesota Legislative section. The Legislature language
restricts replacement of single-family homes with single-family homes. Some of these multi-family units
belong to the Anoka County Community Outreach Program, and they certainly are not prohibited from
remodeling and upgrading by the current language. However, it is her belief that by approving the
ordinances being proposed this evening, they will be enabling the displacement of low to moderate
income families who need the close-in-proximity transportation, shopping, and recreation based on the
transfer of remodeling and rebuilding costs to increase rent. Another possible outcome would be the
increased responsibilities of taxpayers to cover the increases in rent subsidy.
Ms. Reynolds stated she could go on for quite a long time pointing out the inconsistencies and wrongness
of altering the protective S-1 zoning language. The Comprehensive Plan calls for the consideration of
amending the S-1 zoning language. This evening she would ask that they do exactly that. Consider the
changes and then cast all thought of changing the S-1 zoning as far from their minds as possible. Martin
Luther King said, the time is always right to do the right thing. They have the opportunity tonight to do
the right thing and deny this proposaL In doing so, they will be protecting the health and welfare of the
citizens who live in Hyde Park by restoring their peace of mind and maintaining their property rights
which was, at its inception, the purpose ofthe S-1 restricted residence district language.
Pat Gabel, 5947 - 2'/2 Street NE, stated she lives in Hyde Park. She disagrees with the majority of the
comments that have just been made. She was a catalyst for the S-1 zoning district initially back in the
1970's. There were a lot of issues at that time around the fact that the neighborhood had been rezoned
into she believed it was a G1 or a G3. What happened with that is people would not be able to rebuild
their homes if they were destroyed in a tornado, fire, etc.
Chairperson Kondrick asked, because the lots were too small or something like that?
Ms. Gabel replied, it was because of the zoning specifically. She thinks there were a lot of things.
People were having a lot of difficulties with their loans, insurance, and other types of things because of
that. She was the person who walked around with the petition; therefore, she is extremely familiar with
the petition and the history of this.
Ms. Gabel stated to be very specific the initial and bottom line here was always about being able to
rebuild your home. That was the most important part of why the rezoning took place. The other thing
that everybody addresses frequently and she hears it being addressed again is the density issue. In an
attempt to put it politely, the density issue has more to do with the rundown apartment buildings and the
type of neighborhood that was being created by some of the elements in the apartment buildings. She
believed currently Section 8 people will not even go live in most of those buildings. If you have ever
seen the doors that are open to some of them and looked inside, some of them are pretty bad. She
recognizes they are inspected. A tenant in there said, they do the minimum they have to do to meet Code.
The turnover is pretty dramatic. She does not think they are talking about a density issue as related to the
number of people so much as they are, what it was doing to the neighborhood. There have been DEA
agents running around the neighborhood and in and out of an apartment building. She was aware that in
this particular building there were drugs were sold. You would have had to be a little bit blind to have
missed it. This is the type of thing that goes on in there. She does not think it is density as much as it is
the issues that go with lack of maintenance and poorly kept buildings.
Chairperson Kondrick stated, it is about the quality of housing.
Ms. Gabel replied, exactly. She is not going to get into all the setbacks, etc. She thinks that is the
Commission's job to determine that. However, she does think that the text amendments keep things the
same but give multi-family property owners an opportunity. When she says, keep things the same, she
means they are not going to be adding any more high-density housing. That already exists there, but she
thinks it gives them the opportunity to have some new buildings and see some old things repaired and
rehabbed. It is going to take some time, but she thinks it would be a good thing for this neighborhood.
You are not going to make the density anymore than what is already existing, and they really do need
some cleanup in that neighborhood. She thinks it is going to take some new structures, redevelopment,
new buildings, or somebody to put some new money into the neighborhood to make it happen.
Ms. Gabel stated she is on the HRA and they are working on those lots in the neighborhood. They have
gotten some of them built but, again, the existing condition of the economy has brought that to a grinding
halt. She assumes that will go forward as the economy stabilizes and begins to pick up again. However,
she does not see this as harmful to the neighborhood at all because they are not increasing the number of
buildings. They are just allowing some new money and new development to replace some bad things that
currently e�st. Therefore, she would really like to see this text amendment happen.
Janet Kreutter, 5916 — 2nd Street NE, stated she lives in Hyde Park. She does not think that anything
needs to be changed. Ms. Gabel is talking about bad areas. Every area has bad housing and has drugs.
The City of Fridley has codes to get rid of bad owners and bad buildings. If that is the issue, the City
should be taking care of that. You do not need to rezone. You do not need to reevaluate the writing. The
�
writing is fine. It is there for a purpose. The other issues, the City should be taking care o£ That is their
job.
Karissah Bellagotti-DeSantis, 6144 — St'' Street NE, lives in the Brandes Place town homes currently
owned by Common Bond and who get their vouches on people from Metro HRA as well as Section 8.
The problem that she sees is the crime and the people who come in and basically kind of destroy the
community. Fridley is a nice community. For instance, in her situation she and her seven-year old son do
not feel safe anymore. She has been working with Section 8 to move. She did some checking into the
place that she lives at and, since when it was open in early 2005 until 2010, there have been 312 police
reports at this place. The majority of them are property damage to private things, such as vehicles, bikes,
or anything on the porch. She guessed there have been neighborhood disputes which are just neighbor to
neighbor. A lot of theft, and there have been some serious calls that are blocked out either due to the
ongoing investigations or they are just not public information. With this she had also received a letter
from the Section 8 coordinator in the City of Fridley and it states, "I have reviewed police reports to this
property and haven't found there is anything unusual for a complex of 16 units." Basically she is saying
the 312 police reports are not unusuaL If this is not unusual, she would hate to see something just
extreme and out of the norm.
Ms. Bellagotti-DeSantis stated with her trying to move due to the safety concerns, she has gotten a letter
from Metro HRA stating that unfortunately, due to budget issues, no matter what your circumstances are
you are not able to move until further notice. This is Metro HRA and so it is not just in Fridley. She is
just asking that something be done about the crime and everything that is going on in these subsidized
housing units before anything else is built or brought to attention of councilmembers.
Chairperson Kondrick asked is she saying the crime issues she has issues with are occurring in the
Hyde Park area?
Ms. Bellagotti-DeSantis replied, no, they are happening in her area, Brandes Place.
Chairperson Kondrick asked her whether she has any problems there now?
Ms. Bellagotti-DeSantis replied, yes, she does.
Chairperson Kondrick stated so her content is crime rates are high at this present time.
Ms. Bellagotti-DeSantis replied, exactly.
Rick Anderson, 5948 - 2'/2 Street, stated he agrees with a lot of what has been said tonight. We do have
high density in Hyde Park which, in his opinion, if they have a lot of people who are short-term residents
with no investment into the community, especially grouped into one area, there will be a lot of the issues
that have been talked about tonight like, poor upkeep on the housing, a lot more trash on the streets,
higher crime rates. Instead people who own a house are more invested in the community, invested in a
neighborhood.
Mr. Anderson stated, Ms. Gabel made a really good point by reinvesting in the apartment units they are
going to improve the neighborhood to some e�tent. We still do not have the neighborhood investment by
the citizens who are moving in. He would really like to see people who are invested in the neighborhood.
He has seen it continually go down hill for the last 15 years in their neighborhood. The trash is getting
worse, it is not what he wanted when he moved into Hyde Park. He would like to see it switch back If
decreasing a few of the multi-family units will achieve that goal, then he supports that. He would prefer
if they do not continue adding more units.
7
Paul Slesar, 44 Locke Lake Road, stated he owns a duplex at 5835/5837 Main Street. There have been
no police calls at his place for the last five years. He tries to take care of the place. He lives a mile away
from it. There is one thing he discussed with Ms. Jones about is if his property were to be destroyed in a
fire or tornado, he would not be able to rebuild it as a duplex. He is a responsible landlord, the yard looks
decent, he tries to make sure the tenants are decent. However, if it burned and he could not build another
multi-family house, they would have a vacant lot that the City or County would end up getting in a couple
of years. He respects what the Commission is trying to do. He understands some of these peoples'
complaints but there are several landlords in the neighborhood who care about what is going on there.
MOTION by Commissioner Oquist to close the public hearing. Seconded by Commissioner Dunham.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 7:47
P.M.
Scott Hickok, Community Development Director, stated there is a statutory provision that talks about
replacing structures in the event of catastrophe. At one time, if the structure was damaged to 50 percent
or greater, it could not be replaced. That statute was amended and now allows the replacement of a twin
unit, for example, if it was damaged beyond 50 percent.
Mr. Hickok stated the distinction here in the Code is that part of what this amendment tries to do is
match that statutory requirement because right now the Hyde Park language does not. It takes that old
position of only allowing you to do it if it is damaged less than 50 percent.
Mr. Hickok stated some of the comments people are making are that there should be emphasis placed on
improvement of the units that are in Hyde Park. Frankly, there is a disincentive to do that because if you
own, for example, an eight-unit building that is sitting on a piece of land that can yield you two single-
family homes and your future would be those two single-family homes, how much incentive would there
be to do much to your property? It keeps going down in value, your reinvestment continues to dwindle,
and your competitive nature of the building dwindles. You have competition when you own buildings to
obtain good tenants. If you are not reinvesting in the building, the competition for the good tenant
becomes troublesome for a property owner. He thinks it is important that you understand the irony here
that what is being suggested in the text amendment is that folks be allowed to reinvest in their property.
Reinvestment beyond just putting a new roof or windows on, but actually significant reinvestment in the
property. That may allow them to compete on a better playing field, a higher level. To compete for
tenants who will certainly respect and take care of the properiy. When the building starts to go into
serious disrepair, it is reflected in the rents and it can bring other problems.
Mr. Hickok stated there is a bit of irony here in that what is being suggested in the Hyde Park language is
an opportunity to basically allow people to reinvest in the properties that are there. It does not take away
any values to the single-family owners except it does provide for them added lot coverage opportunity
and reduced setbacks so they, too, can reinvest in their homes. If they are right at 25 percent lot coverage
and, for example, they look over to the Gateway West development and say, hey, there are some neat
things happening with those homes, I wish I could build a family room and that added 10 percent might
allow them to do the family room. It is not meant to be an imposition on them, it is meant to clear up the
Code, provide them added opportunity, and it is really in part to inspire reinvestment in the neighborhood.
Commissioner Dunham asked Mr. Hickok, if for example, his duplex were to burn down, would he still
be able to build a duplex by current State statute, despite what the current language says.
Mr. Hickok replied, he can. What the distinction would be there is that, according to the Statute, he can
rebuild it. He cannot geographically expand it, but he can put back on the land what he lost.
Commissioner Dunham stated so a lot of the concerns about increased density does not exist. You
cannot put more units there, but he can rebuild the units he had.
Mr. Hickok replied, in that particular case he absolutely could.
Commissioner Dunham asked, same if it is an eight unit?
Mr. Hickok replied, yes. He thinks what the confusion comes in on the density is that folks are saying,
look, we are hoping to have all of the multi-family to go away and it can be replaced by single family.
What would be the incentive for a multi-family building owner? If you own eight units on a lot that can
only accommodate two, maybe three single-family units, would you take away eight units to replace it
with three units? Would the yield be worth it for you and would you actually do it or would you just keep
competing at whatever level you could on a building you are not reinvesting in. He thinks there is a
disincentive here to fix up properties and folks are worried that if they fix the units back up, they will be
here forever. They will be here forever anyways but in a very bad condition for fear that once they take it
down, they are going to replace it with a much less yield, with two, three units on that small lot as
opposed to being able to rebuild the eight units again.
Commissioner Dunham stated and, again, you cannot prevent them from doing it anyways.
Mr. Hickok replied, no, you cannot. If something catastrophic happens to it, even if somebody takes
their own building down to the foundation, they have eight units, they are entitled to eight units. The
code change is meant to match the statutory provisions already given to folks.
Commissioner Saba stated that was the main issue was about the replacement.
Commissioner Velin stated he is concerned about the police calls and the maintenance. It sounds to him
the City is not doing that good of a job on some ofthese units.
Commissioner Oquist stated as he read through the changes, it seems like they are bringing it up to date
and cleaning up some of the language, and making it so it will be a more viable area with the rest of the
ordinances that they do have.
Chairperson Kondrick replied, he agrees.
Commissioner Sielaff stated, as long as we are consistent with Statutes. He would have to agree with the
text amendment. He thinks it helps the neighborhood substantially. If he knew 50 percent of them did
not want it, he would be opposed to it. From what he sees it is good.
MOTION by Commissioner Oquist approving Text Amendment TA #11-04, by the City of Fridley, for
the S-1, Hyde Park Neighborhood zoning district for the purpose of making existing non-conforming uses
permitted uses, as well as minor corrections to the existing text. Seconded by Commissioner Dunham.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY.
�
2. Consideration of a Public Hearing for Text Amendment TA #11-03, by the City of Fridley
to consider the creation of a transit oriented development (TOD) overlay zoning district
near the Northstar train station, according to the map provided.
MOTION by Commissioner Velin to open the public hearing. Seconded by Commissioner Saba.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED AT 7:57
P.M.
Julie Jones, Planning Manager, stated the purpose of this district really goes back to the 2030
Comprehensive Plan and the work that went into that document. When staff went through the process,
there was a lot of emphasis and interest in creating a walkable downtown in the City of Fridley. They had
chosen to focus on 57t'' Avenue as that area, and there are things in the Comprehensive Plan about
connecting Medtronic Parkway to East River Road. In relation to that, staff feels a strong purpose in this
proposed overlay zoning district is to strengthen the ties between those commercial properties on 57tn
Avenue to the Northstar train station.
Ms. Jones stated they also are very interested in tying the train station with the 50 businesses that are
within one mile of the station. There are a lot more jobs in Fridley than people in the job market, and
staff sees that train station not only serving a purpose of getting commuters into the central City to
employment in Minneapolis but also getting employees living north of here to jobs here in Fridley.
Ms. Jones stated staff is also interested in improving the pedestrian and bicycle connections to the
Northstar train station for the over 1,400 dwelling units within a one-half mile of the train station. Those
folks can bike and walk to that train station when they want to use it. Staff sees a need to create a
neighborhood identity around the Northstar station. Right now a lot of people do not even know it is
there. She stated another focus that came out of the Comprehensive Plan was the need for creating more
life cycle housing in the community, and staff feels the area around the train station is perfect for that.
Ms. Jones stated another driving force behind development of the TOD district is the legislation that was
approved a couple of sessions back to allow Fridley to be the only city in the State of Minnesota that is
allowed to create a transit tax increment financing district. Staff sees this as a great amenity to the City
because, if a transit district is created, the increment from any redevelopment in this district can be used to
fund infrastructure around the train station - things like trails, sidewalks, lighting, etc. When that happens
in that area, staff wants to make sure that the surrounding future development ties into those changes the
City would be implementing or the HRA would be implementing related to that potential TIF district.
Ms. Jones stated another factor supporting staff's efforts in putting this overlay district language together
is the fact that Fridley is part of the Anoka County State Health Improvement Program (SHIP) grant
program which is causing staff to study the City and look at its needs as far as pedestrian and bicycle
connections to support recreation and also to support people walking and biking to work or to places like
the train station to get to work. Also, Fridley is partnering with Anoka County currently in studying the
East River Road corridor. Much of that corridor includes the area that they are proposing be in the TOD
overlay district. Looking at the design needs is causing them to look at multi-modal transit connection
needs within this part of the community.
Ms. Jones stated the boundary of the district that they are proposing is going to be within a half mile of
the train station, south to the 57t'' Avenue commercial area. It includes property that the Fridley HRA
currently owns along University Avenue on the far east end of the proposed district. It also includes
property that the HRA currently owns within the Hyde Park neighborhood along Third Street.
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Ms. Jones stated the overlay district is a set of standards that is in addition to the underlying zoning
standards of a property. If a property is zoned G2, Commercial, those standards would apply; and these
TOD standards would be in addition to those underlying zoning standards. A developer coming in would
need to submit a TOD plan, as is done now in the S-2 redevelopment zoning district. The developer
would submit a TOD plan which then would have to be reviewed by this Commission and the City
Council.
Ms. Jones stated staff is proposing there are basic design criteria that they would have to meet. What
they are proposing as far as the permitted use sections of this, they have not delineated individual set uses
as they are familiar with in the underlying zoning district language. They started to do that when they
created that language but they feared they were going to miss something that might be an essential use
they would like to see or someone would want to propose in the district. Instead they focused on
improving the language a little bit on excluded uses in the district but are leaving it up to the Council to
have final approval in the plan to decide what would be a permitted use in the proposed overlay district.
However, in set design criteria. There are exceptions to certain things. This is designed to apply only to
new development, redevelopment, or additions. The addition itself would be subject to the new criteria
laid forth in this Code language.
Ms. Jones stated following the HRA meeting recently and having the HRA review the requirements, a
suggestion was made to take another look at industrial properties. Since that meeting staff has made an
exception in the proposed Code language for additions to industrial properties. Staff agreed with the
HRA that this was a good change to make. In the TOD requirements as they are, there is this 15-foot
maximum front yard setback If the City were to require an existing building to do that, they might end
up with a very odd-shaped addition which really does not meet the purposes they need the addition for.
Also, the City has had an exception for individual detached single-family properties in the Hyde Park
neighborhood. In other words, if a single-family home property owner in the Hyde Park neighborhood
wants to tear down their home and build new, they would not be required to submit a TOD plan or meet
some of these setbacks and design criteria proposed.
Ms. Jones stated this language staff is proposing really mirrors the language that is in the existing
commercial Zoning Code sections where the City is allowing increased lot coverage - particularly if they
have structured parking or in cases where the developer finances public infrastructure elsewhere in the
district. She showed an example of a TOD-styled development in Maple Grove, where, in one area of the
development, they set aside a very extensive plaza area that everyone in the whole commercial area can
share. It is a place for the employees to come and have lunch or for the public to enjoy. The City is
allowing for something like that to occur where a developer could finance that infrastructure possibly
somewhere else, not on their lot, but in the TOD area for the public to enjoy.
Ms. Jones stated the main change in this district that is very different than what the City has in its other
zoning districts is the setback requirements. Instead of having a minimum setback requirement in the
City's other zoning sections, it is requiring that setbacks be no greater than 15 feet for a front yard
setback, requiring buildings to be brought closer to the street and making them more pedestrian-oriented.
Buildings also could be no further back than 15 feet on both sides of a corner if you had a corner property.
Because the City has some properties along 57t'' Avenue and 57t'' Place that have double frontage, staff
clarified in the proposed Code language that the required corner setback would only apply to one corner
on a double-frontage situation.
Ms. Jones stated another design criteria section is the height. Height is proposed to be limited by the
underlying zoning district - with the exception of Hyde Park. Staff is not sure why, but in Hyde Park
zoning, the height restriction is at 30 feet; whereas, in the R-1 Code it is 45 feet. Staff does not feel any
11
reason why Hyde Park should be different as far as height restrictions than other single-family areas. She
showed an example of a two-story townhouse styled structure that would likely be prohibited by the 30-
foot height limit.
Ms. Jones stated as far as building design, details proposed in the Code language include: Orienting
buildings to the street, no blank walls facing streets or public spaces, on street sides there be at minimum
50 percent of the linear space used for window openings and those windows to be at a pedestrian level,
loading docks be in the side or the rear yard, and use of high quality building materials.
Ms. Jones stated as far as parking requirements, the parking would need to be located in the rear or the
side of the building because of the strict front yard setback. Accommodations need to be made to provide
bicycle parking and to have it easily accessible and visible. There are allowances and encouragement in
the Code to share parking or to build parking structures. Allowances are made for parking reductions. In
fact the Code language even prohibits excessive parking. They would only be allowed to go up to 120
percent of what the underlying zoning district parking requirements would be.
Ms. Jones stated as far as landscaping, they are trying to be lenient in the landscaping area of this Code
language because we know reducing setbacks limits the amount of green space that is available to meet
the City's very strict landscaping requirements that it has in the underlying zoning language for
commercial and industrial properties. The City is allowing some substitutions to be made in this language
allowing smaller tree varieties to be used in place of the over-story tree requirements and allowing a
developer to put money into a streetscape fund that the City is calling its "TOD Capital Project Fund."
For example, if they were required to put 50 trees on their proposed property but they only have room to
put in 25, in place of that remaining 25 trees they are required to put in, they could pay a set amount into
this TOD capital project fund. That money could then be used to put streetscape improvements around
their property or other places within the TOD zoning district. Maybe it would be used for decorative
lighting or some special planters somewhere in a public plaza that is close by to try and create some
flexibility but still provide some amenities within the district that create some visual interest.
Ms. Jones stated as far as streetscaping, the City is requiring 5-foot sidewalks to be provided in
redevelopments with clear pedestrian connections required. On driveways with connecting sidewalks on
each end, the City is requiring a colorized pedestrian walkway. Also required is pedestrian-oriented
lighting to make things safe for folks walking in the area. As staff looked at various TOD-type
developments they did not see electronic signs anywhere. They put in a requirement to have no electronic
signs which are really designed for view from great distances away. The requirements of decorative
features, such as lighting and planters, would need to be approved by the City in order that it keeps that
consistent neighborhood Northstar identity throughout the TOD district.
Ms. Jones stated they also made an allowance for special use permits for outdoor sales. Staff wanted to
create a possibility that you could apply for a special use permit to do some sort of outdoor market, such
as a farmers market or art fair. However, staff needed to create some parameters around it. Therefore,
they still kept the special use requirement in place for that so that it could be reviewed. As long as the site
had adequate parking and could create a safe place for something like this, they thought they would want
to encourage that in a TOD district to create some life and activity in the TOD area
Ms. Jones stated they did also put in a special requirement regarding maintenance. There are some
additional maintenance requirements in this proposed Code language than what the City has in its other
sections of Code that would ensure that our transit station area and the landscaping is maintained.
Typically in developments the City has had those details addressed in the development agreement, but
they just wanted to make it very clear to any developer submitting a TOD plan that they would be
expected to take care of public spaces adjoining their property.
12
Ms. Jones stated this text amendment, like the previous one they were discussing, is scheduled to have
another public hearing before the City Council on February 7. The first reading would be scheduled at
the subsequent Council meeting on February 14. The second reading would be at the March 14 Council
meeting.
Chairperson Kondrick asked Ms. Jones to put up the TOD district map.
Commissioner Dunham asked the purpose of doing this in advance is just to define development that
would be consistent?
Ms. Jones replied, yes. There are no proposals before the City. No redevelopment plans at this time
related to this proposed language. This is something staff has been working on for probably four years to
get prepared for when the economy picks up and when development does occur. Most of it is related to
the TIF district and expecting that to happen. The City does have one vacant piece of property in the
district that we hope to see developed. They already have a master plan approved and in place. The City
is also expecting some redevelopment on the Cub Foods site. They, too, have a redevelopment plan in
place and will not be affected by this language because they already have their plans approved.
Ms. Jones stated, however, for future proposals that come in, the City wants to make sure that those
proposals match in character what is envisioned and to make sure the infrastructure improvements are
financed through that TIF district. Therefore, if the City is going to be investing hundreds of thousands of
dollars in special decorative lighting, style of sidewalk or trail, and landscaping, we want to make sure it
is consistent throughout this area. The City wants to be prepared for when development does occur. It is
a little too late, once a proposal is in front of us, to be coming up with the design criteria. The City was
very fortunate in the Cub redevelopment proposal, because the developer was willing to work with the
City and implemented a lot of the design features we are looking for. The City may not be so lucky with
the next developer if it does not have something like this in place.
Commissioner Dunham asked are we sure we don't want any signs in the proposal?
Ms. Jones replied, that is just no "changeable electronic" signs.
Commissioner Oquist asked, all existing ordinances, etc. apply. This is on top of that, giving some
additional restrictions or conditions, correct?
Ms. Jones replied, that is correct.
Commissioner Sielaff asked, this is a tax increment district too, does it coincide with the boundaries of
the TOD?
Ms. Jones replied, that is a different boundary. The proposed TIF district boundaries do not include all of
the area that is proposed to be in the TOD overlay. However, everything within the proposed TIF
boundaries is included in the TOD overlay.
Commissioner Sielaff asked, does it cover just certain types of development, commercial?
Ms. Jones replied, it could be all types of development, commercial, residential, a mixed use
development.
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David Rust, 5735 Quincy Street NE, stated he has property at 262 — 57t'' Place. He is not affected by this
because he is in a commercial zone. He got assessed about $12,000 a few years ago for street
improvements on 57t'' Avenue. Now, none of those improvements are being maintained. The lights go on
and off, and a lot of the trees have been cut down and not replaced. There are trees within 5 feet of power
poles with the bark falling off of them. You call the City about trimming those trees, they do not do
anything. There are outlets hanging by the wires on those boulevards. This new ordinance is going to
mandate all this stuff and then within five years is won't be taken care o£ He thinks it looks worse now
than it would have if nothing was done at all. He tried to ask before what the plan was for maintenance,
and everybody evaded the issue. Nobody takes care of it.
Pam Reynolds, 1241 Norton Avenue NE, stated she opposes the transit oriented development district.
This proposed overlay district would drastically change the character of the Hyde Park neighborhood.
Although not a resident or property owner in the subject area, she offers her concerns as a private
property owner and taxpayer living in Fridley. Some overlay districts are designed to lightly blanket an
area and provide additional protections for natural resources such as the creek and river preservation
district overlay. This overlay is designed to be heavy-handed so as to suffocate the underlying zoning and
allow for the creation of high-density mixed use development. The current S-1 zoning would deny those
uses and was designed specifically to do so.
Ms. Reynolds stated the previous hearing on TA #11-04 and this are very much intertwined. The
redevelopment overlay would leave the Hyde Park neighborhood open to undefined redevelopment. The
proposed language is more concerned with architectural features and fa�ade treatment than the defining of
permitted uses. S-2 redevelopment zoning is designed to benefit developers not the private property
owner. While she was researching this, the information supplied to the HRA said that it would most
mimic S-2 zoning. This evening Ms. Jones has changed that to say it would most mimic Commercial.
Now Pm confused. The proposed overlay district is not consistent with the Comprehensive Plan.
Chapter 6, Transportation Plan, does not mention its creation nor is it listed as an action item requiring
official control in Chapter 14, Section 14. L Minnesota Statute § 473.865 states in Subdivision 2, no
conflict with plan. A local governmental unit shall not adopt any official control or fiscal device which in
conflict with its comprehensive plan.
Ms. Reynolds stated her understanding of State Statute as it deals with comprehensive plans is there is no
requirement to go forward with any kind of proposal and instituting the official control unless it appears
in that plan. Many times she has heard this body refer to a plan as being consistent with the
Comprehensive Plan. In other words, meaning it is in there. The Hyde Park neighborhood already meets
the goals of this overlay. High density and multi-family housing, mixed income uses, and walkability to
shopping, transportation, and recreation. Another goal of this overlay is to promote life cycle elements by
creating a place where you could live without a car. However, the proposed language fails to address the
obvious encumbrances to the plan. Minnesota winters, four to six months where walking anywhere is
impeded by Mother Nature. The plan fails to address snow removal or snow storage issues created by
increasing density, other than to shift the responsibility for sidewalk maintenance to the property owner,
further complicating the lives of many seniors who live in this neighborhood.
Ms. Reynolds stated, after researching TOD's for the past six years, it is her opinion that this proposed
TOD does not meet the basic criteria for TOD's found elsewhere, such as Chicago, Seattle, and Portland.
An example of an area close by that does meet the criteria would be the light rail system in Minneapolis.
The area of proposal does not have large masses of people needing mass transit located close to where
they live. Instead it would strive to create large masses of people to shore up the underused, over
budgeted, and heavily taxpayer-subsidized system which is our commuter raiL It is unlikely that people
are going to come in on the commuter rail. In fact it is not really possible for residents to come in on the
commuter rail, get off, go do some shopping, go to the farmers market, do all these things, and jump back
14
on. The same as it is with the light rail where there are multiple trains running at multiple times. In all
fairness she would point out that in the last couple of years, the criteria have been expanded in TOD's to
include shoring up ridership of rail transit. This is no doubt a mechanism for government entities across
America to wipe the egg from the faces when dealing with failing transit systems.
Ms. Reynolds stated she would ask that the Planning Commission not support this. If you build it, they
will come, concept being proposed. The proposed TOD language has a discriminatory tone. Although
the ordinance language which states the purpose for the change in language calls for inclusion of a one-
half mile radius from the station, it focuses heavily on the Hyde Park neighborhood. Or perhaps in the
future it is the intention of development staff to expand its borders once they have this ordinance in place
that includes the language, one-half mile radius. She plotted this half-mile area onto a map, and the
results were quite scary. This language could drastically change the character of other neighborhoods -
the Bonney neighborhood, Sylvan Hills, Edgewater Garden, Rivers Edge Way, Ashton, Uplands, and the
Lakeview neighborhood, all possibly encroached upon as part of this overlay district.
Ms. Reynolds stated imagine the reaction of the Rivers Edge Way property owners who recently secured
a zoning change from R-3 to R-1 when they are notified of expansion of this superceding overlay district.
One of her greatest concerns with this overlay district is in the previous hearing, the Planning
Commission moved forward with the changes in the zoning language. If this is approved, it does not
matter, because this supercedes that language which means that now a developer could come in and say,
well, Pm going to buy up all these houses and Pm going to build row houses because that is what the City
wants. However, the S-1 underlying would not allow that.
Ms. Reynolds stated her final issue is based on the process for this evening's hearing. The proper owners
in Hyde Park were deluged with notices from the City. These notices included one for street
improvement, one for TA #11-03, and one for minor changes to their S-1 zoning. However, they were
not provided with the text of the proposed ordinances until this evening. Although perhaps a useful tactic
for the development staff to create confusion, she finds it unconscionable to ask these citizens to attend a
hearing without having the opportunity to view the proposed language and prepare the comments,
whether pro or con, prior to tonight's meeting. They are being offered only one side of the story. The
side development staff wants them to hear. She would further offer that this process does little to foster
transparency in government and totally fails in creating open and honest dialogue with the citizens of
Fridley. She would ask that the Commission deny this proposal; thereby protecting the rights of the
Fridley citizens who call this neighborhood home and fought so diligently to secure the S-1 zoning.
Mike Flynn, 1220 Mississippi Street, he does not live in Hyde Park but he shares a lot of the concerns
Ms. Reynolds had. His main concern is the cost. A little bit here and there and these costs will be borne
by businesses and then residents, etc. He suspects this is going to require a lot of subsidies: Fridley, State,
and Federal. Do we know if that is the case?
Chairperson Kondrick stated he would imagine.
Mr. Flynn stated he would assume so, too. When you consider the current, $14 trillion federal debt as
well as over $8 billion in Minnesota, basically he sees it as the same thing, an excuse to prop up the
Northstar. He has lived all over the country. The last place he lived was Washington, D.C. He grew up
in Portland, Oregon. All of his siblings are out there. They just raised their rates, their fares, and their
subsidies, their property taxes, and some other taxes, business taxes, etc. specifically because of the rider-
ship issues. What happens if Northstar is defunded? What happens if Northstar goes away in five years?
Look at the debt of this country and this state. It is incredible.
15
Mr. Flynn stated there was an election back in November. This is not just related to Northstar. This is
related to what is going on in this country and the funding of all this. Specifically, the average taxpayer
subsidy for a one-way trip is $18.74. Almost $38 round trip, and that does not even take into account all
of the capital expenditures. The Anoka County Regional Authority recently voted to increase its tax levy
up to 45 percent to pay for this, and also to try and push an expansion out to St. Cloud which he thinks is
absolutely insane, having lived around the country and seen this. We are ignoring history.
Mr. Flynn stated look at light rail; it does not work It is the most expensive form of mass transit, and
now we are going to go ahead and throw all the eggs in the basket right over here. He would like to know
if they are assuming it is too big to fail? What happens if it fails? Has anybody ever considered that or
are we assuming if, by doing this, they cannot possibly let it fail because all those poor people would then
be upset, lose their houses, etc. To sit here and just ignore the reality of history and the finances in this
state and country, he thinks it is unconscionable that there is any reason to even continue with this. There
is no reason to do this now. He has no problem with progress. He is very much for it, but he is against
any attempts to try and sustain or promote a failing entity which this is. It is not going to work. He
would love to see it fail just because it is going to take this off their back.
Mr. Flynn stated currently if you add capital and operating costs for Northstar, it comes to almost $47
one-way trip. That was back in July. We could provide some nice comfortable cars, pay for the parking
and garage, and still have money left over.
John Anderson, 5909 — 2nd Street NE, stated he has appeared before Council both in Fridley and
Columbia Heights in his capacity as chairman of House District 58 Republicans. He is here as a citizen
who lives in Hyde Park. He does want to dispute one thing that the previous speaker said and that is,
Northstar has already failed. It was never something that was ever going to work. It got to the point
where even Ms. Jones stated, a lot of people do not even know that it is there.
Mr. Anderson stated this TOD district is designed to do what Ms. Reynolds said, which is to increase
rider ship of Northstar, a failed project that will continue to fail and continue to hemorrhage the State and
the City and, even our federal government, with any grants they might get. This is actually the real risk to
the character of Hyde Park. What we have here is a big circle right around an area making everything all
encompassing. To make Hyde Park on equal status with some of the commercial areas on East River
Road on the other side of University, really does not make any sense and this type of TOD district is just
an act of laziness from the staff. You need to look at areas, appropriately zone them for what are the best
uses for that area. The TOD district is simply a face saving technique for the Northstar rail system.
Rick Anderson, 5948 — 2'/2 Street, stated when Ms. Jones spoke about increasing the height limits from
30 feet to 45 feet, that was for single-family units or multi-family units, two levels? And the City is
adding an extra 15 feet for parking garage, is that correct?
Ms. Jones stated the 45 feet would apply to everything in the Hyde Park area.
Mr. Anderson asked whether any building can be built to 45 feet?
Ms. Jones replied any building could be built at a 45 ft. height, which is the same restriction that is in the
City's single-family zoning language in the City Code.
Mr. Anderson stated with the example she showed the vision he had was a row of houses like you see in
St. Paul with no room between the yard. It's becoming very impersonal and he wants to know if that is
the direction they are heading.
16
Chairperson Kondrick stated he thinks that was just one example. There could be 50 different examples
that could go on in that neighborhood. It is tough to say right now.
Audrey Nelson, 250 - 61St Avenue, stated she lives in the Hyde Park area. Her main concern is that the
people in the Hyde Park area and on the East River road side of the rail station have no incentive to even
ride the train because you can get on the metro transit bus on 61St and University and get downtown to
your destination approximately six minutes faster than if you take the rail and you can get closer to your
destination taking the bus. There is no incentive for somebody who works further away than where it
stops at Target field.
Ms. Nelson stated also, what incentive do you have to bring people into Fridley and where are they going
to come from? They are not going to take the train from the City of Anoka/Coon Rapids to come to
Fridley into this little shopping area that has a Cub Foods, if they manage to stay in business and other
little shops. There is no incentive for anybody to come to this area. Do you really think the people who
live in this area are going to be able to sustain any businesses that may come into that area?
Ms. Nelson stated another concern that she has is with the reduced 15 setbacks. Is this area going to be
geared more towards an adult neighborhood where children will not be able to play because it is all
concrete?
Ms. Nelson stated she is all for redevelopment, but she doesn't think this is going to work.
Karissah Bellagotti-DeSantis, 6144 — St'' Street NE, stated nobody said anything about what this is going
to cost, the amount that is proposed for this. She is worried about existing concerns in the community,
how much money is going to be set aside to take care of existing issues before new issues arise as a result
of the proposed change.
Pat Gabel, 5947 - 2'/2 Street NE, stated there is some confusion. Along Main Street is there not
currently industrial property?
Ms. Jones replied, yes.
Mr. Gabel stated so they could build businesses that could have a lot of truck traffic and things that
would be a lot less desirable. She sees a lot of truck traffic now going through their neighborhood. In
terms of redeveloping that into something more friendly in the neighborhood, the industrial use would
certainly be less friendly to the neighborhood.
Ms. Gabel asked about the TIF fund, she thinks there is a lot of confusion. She hears people talking
about taxpayers' money to be used for this. She knows TIF is kind of a difficult subject to wrap your
mind around but, if we do this TIF district, the increment will pay for the things that we are talking about,
the infrastructure, correct?
Ms. Jones replied, right.
Ms. Gabel stated but we are not stating that the overlay is going to turn Hyde Park into a TIF district,
correct?
Ms. Jones replied, correct.
17
Ms. Gabel stated that any redevelopment that would happen would come about because the owner has
chosen to do so. It would not be something that the City would be forcing down anybody's throat,
because there would be no reason to do it and, secondly, the financing would not be there, correct?
Ms. Jones replied, right.
Ms. Gabel stated she is hearing some comments here tonight that she really has to take issue with. She
thinks the rhetoric is scarier than the map. She does not understand why people are attempting to frighten
people into something that could be really very good for this neighborhood. This neighborhood needs to
move forward. She has lived there for many years and she has seen what were hopes for what would
actually happen just by setting up an S-1 district and saying, we were never going to allow anything to be
rebuilt, except single-family homes and eventually things will redevelop and that will happen. Well,
guess what, it is not happening and it is not going to happen totally on its own. However, she thinks there
definitely could be some impetus for people to make those improvements if there are good things
happening around us.
Ms. Gabel stated her biggest nightmare is that Hyde Park sits in the middle of some good stuff and
becomes blighted. She thinks it is important that they are part of this and that we all go forward together.
She really is in favor of this. She thinks it is the very best thing that could happen to Hyde Park. She
does not have any illusions this is going to happen in the next year, maybe not even the next five years.
It's probably going to take a couple of decades. That is fine. But you have to start somewhere. She
thinks their goals are great and she hopes it all happens.
Rick Bistodeau, 101 — 57t'' Place, asked why does their neighborhood keep being brought up on stuff like
this? The businesses are not going to be able to afford the property tax hike for all the decorations that
are proposed for the light rail that is not being used. That parking lot is never full, there are usually only
ten cars there. Do they really need to decorate this area for something that is not being used? That is his
concern.
Joanne Zmuda, 6051 Fourth Street NE, stated she has seen four different boundaries for the TOD Map.
One is up to University, one is the service road on the east side of University, one is the east side of
Fourth Street, and if they did a half-mile radius it would bring it out to Si�th Street. What area are we
talking about here?
Chairperson Kondrick replied, they are going by the one they were presented with tonight, with the
dotted lines.
Ms. Zmuda stated she can see the dotted line which shows her that it is on the service road on the east
side. However, in some of the maps she has seen it has been up to University. If they do a half-mile
radius it would be up to Sixth Street.
Commissioner Oquist stated the half-mile radius does not define what they are talking about. That is not
the TOD. It has to be defined by the boundaries, not the half-mile radius.
Chairperson Kondrick stated for the purpose of this item this evening, it includes the boundaries as
outlined on that map.
Ms. Zmuda stated but there are other ones, too. When do they want to make this a Northstar
neighborhood identity and a livable community and a walkable community? We have five months of
winter. Who is going to be out walking for all the money that we are going to be sticking into this. The
bike trails, bike racks, walking trails, life cycle housing. Now they say the buildings cannot go past 45
:
feet. What happens if some big shot developer comes out here and wants to put up a high-rise? Who's to
say that cannot happen? We know how Fridley operates; what seems to be is not always what is.
Chairperson Kondrick stated what is being proposed is allowing different types of uses, but there are
restrictions too.
Ms. Zmuda stated that could change. How do you make an S-1 area like an R-1 area? R-lis residential;
S-1 is mixed. How are they compatible if you are not changing the character of the neighborhood?
Anyways, she would like to know what the east side boundary is going to be.
Janet Kreutter, 5916 — 2"d Street NE, stated she went on-line to try and figure out how to go to the Home
Improvement show down at the Convention Center. To take it, you go to your little Fridley station and
you get on board. There were three timeframes in a 24-hour period. Not only that, it drops you off at the
Target Center. From Target Center you jump onto an MTC bus and you go to Mall of America. From
Mall of America you go to the Convention Center. She is not that dumb to take that much time when she
can just jump on the MTC and get to the Convention Center. The light rail is not convenient. It is not a
good thing. If you are going north, good luck, they do not even run twice a day during the day. It is a
failed situation. If the Commission passes this she would like to see them take this once a week
anywhere. They do not run consistently enough to utilize. People with small children are not going to
take the light raiL If you have a child that gets sick, you need convenient transportation to get back to that
child. Light rail is not convenient.
Mark Kreutter, 5916 — 2"d Street NE, stated his head hurts. He cannot understand where is this coming
from. Why do they need this? We cannot keep up with the interstates, the roads, the maintenance that we
have already. Now we are going to be introducing more? Your fathers, mothers, grandfathers, people in
this audience built these roads for us to use. We cannot even maintain them. How are we going to do
something like this in this economy? For the last 10-12 years it has been outstanding. It has been above
normal. Who says what we are in right now is not normaL Maybe it is normaL Maybe it is going to get
worse before it gets better. He does not know where this money is coming from but they are going to tax
people right out of here. This is not a high-priced neighborhood by any means.
Mr. Kreutter stated all good ideas have to be paid for. There are two types of changes: the
mental/emotional and cash change. Where is that coming from? You have donors willing to stand up and
pay for some of this stuff? You got builders ready to come in here and say, oh yah, we'll put up buildings
for you? All you have to do is maintain them? They heard from a gentleman here this evening stating
there are live outlets dangling off of light posts, the lights are flickering on and off, and there are tree
stumps. Whoever is coming up with these ideas, they better look at replacing them and just saying, your
job is null and void because we have taken problems into our own hands and taken care of them today.
Not next year's problems. We have enough issues. We do not need more.
Mr. Kreutter stated why doesn't the City look at making money instead of spending it. He will give
them a million dollar idea. There is a vacant gas station down here on University and 63rd. Why not put
somebody who has graduated mechanical school in there. Say to them, listen, we will give you this
building for three-five years and you operate it as a business. If we have anything light industrial for you
that we can bring our City vehicles in for you to service, we will take that off the money you owe us and
that is how you will pay. After a three to five-year period it is all yours. Now you owe us taxes. Do like
we do in northern Minnesota. Create a business zone. Is that too much of an idea? Rather than spending
money on something that is frivolous, is never going to be paid for, and nobody is going to use; start
making money instead of spending it.
Chairperson Kondrick stated they are not talking about financing the Northstar rail system.
19
Mr. Kreutter replied, he is not talking about financing it neither.
Chairperson Kondrick asked him what monies is he talking about?
Mr. Kreutter asked, are developers going to come in without incentives to build all these things? No.
What is their incentive to build something that is not going to work in their mind?
Chairperson Kondrick stated that will be up to them to decide.
Mr. Kreutter asked, why is the City wasting everybody's time?
Chairperson Kondrick stated this paves the way for them so they can do something if they want to.
That is the idea.
Mr. Kreutter asked, well, are you putting the horse before the cart?
Commissioner Oquist stated, they are being proactive at this time.
Mr. Kreutter asked, how are you being proactive? We have problems they cannot solve today.
Commissioner Oquist stated they are anticipating what may happen in the future. They are not spending
any money. This is so they can have control somewhat over that area when developers come in.
Mr. Kreutter asked, why doesn't the City get together with Met Council and whoever is running this
show, come in and offer everybody in that area, we will give you so much for your house, quit claim
deed, you are gone, goodbye, it is ours. Up to University.
Commissioner Oquist asked, why would they want to do that?
Mr. Kreutter replied, it sounds like that is what they want to do.
Commissioner Oquist stated, no, not at all.
Mr. Kreutter stated they are by Parson's Electric. When they have their Christmas party, the parking is
full all the way from their business on Main Street up to Third Street. If the City's projections are
thinking about building these markets and things like that, where is that parking going to go?
Commissioner Oquist stated they are not going to build anything. They are just paving the way for it.
Chairperson Kondrick asked Mr. Kreutter whether he thinks things might be worse than they are five
years from today? We do not know either, but they want to plan for tomorrow. He wants to stay on track
with this issue. They have no control over the financing of the Northstar rail or how frequently those
trains run or any of those things. That is not what they are talking about. They are talking about making
this an area whereby people could do something if they wanted to. That is the idea. Especially in Mr.
Kreutter's area so they can make your area one where homeowners can reinvest and expand.
Chairperson Kondrick stated they are trying to make Fridley a better place to live and the Hyde Park
area a better place to live and make people want to live there. To make the whole area very accessible
and to encourage businesses to build there and to make our community a thriving one. They are just
trying to lay some of the ground work there to make that happen.
20
Commissioner Saba stated and to be more pedestrian friendly. People do not have to worry about traffic
and trucks. They have complained about for years about all the traffic. Now they are trying to reduce the
traffic and try to make this whole City more pedestrian friendly, especially this area they are talking about
here. They are not building one thing.
Paul Slesar, 44 Locke Lake Road, stated they did kind of get undulated with a variety of different letters
from the City regarding three public hearings. It would have been really nice to get this information
mailed to them at the time they got the letters notifying them of the public hearings. It would have given
them an opportunity to study and be a little bit more informed when they came in. He stated he has
property in multiple cities, he goes to a few of these hearings a year, and they typically give this sort of
stuff from the other cities so he knows what they talk about when they go into these meetings.
Ms. Reynolds asked regarding the TIF district, Ms. Jones said it did not include Hyde Park. Did it not
reach into Hyde Park; the green map?
Ms. Jones replied, no, it does not include Hyde Park.
Ms. Reynolds asked, what about the HRA properties that are there. She thought they qualified under the
scattered site housing TIF.
Ms. Jones replied, that is a completely different TIF district.
Mr. Hickok stated the scattered site program is a different TIF district completely. The transit oriented
district only goes over to Main Street and up as was illustrated on that earlier map. You do not want to
mix the scattered site housing district which would allow up to 100 houses to be purchased throughout the
City in that program - not just Hyde Park - that is throughout the City and 22 homes have been purchased
through that program already. That is a different district completely. It is not the transit TIF district.
Ms. Reynolds asked, if the TIF district stops at Main Street, where is the incentive for developers to
develop in Hyde Park if they cannot get TIF free tax dollars for 15, 25 years?
Mr. Hickok replied that is the purpose of a TOD, to provide the flexibility for developers to be interested
to come in. The City is not offering them dollars or subsidy; it would be their dollars. To make it clear,
commuter rail, it is heavy rail, it is not light rail. They have heard people betting on and hoping even that
the train would not work; but they are also hearing people saying that the economic conditions in our City
are dreadful and throughout the state and nation. They have also seen the demonstration that Hyde Park
has done nothing in terms of producing anything new in offering incentive. Nor have some of the areas
around it done anything to offer incentive for developers to come in.
Mr. Hickok stated they have heard other citizens say they would like to see some change, see some new
tax generating entities come to town, and see some fle�bility that would allow them to do that. Maybe
banking on Northstar is not right. However, staff is not saying the City is putting out a lot of money
banking on that either. It would be the private market that would come forward and the TIF district
would provide infrastructure improvements that would be in the boundaries themselves. For example, on
the JLT 25-acre site, they might get a more dense development, one that the City can be more proud of,
that would generate more taxes and help us out of a tax situation where we need revenue. We are trying to
find revenues. A new development there that actually has some tax-generating potential, TIF generating
potential, that money could go back into the project to entice the developer to do something even bigger,
better, more grand. That would help the City a lot. That would put revenues in the pot that would help
the City and help answer some of the questions that ironically they are hearing speakers tonight saying the
21
City has to do something, the City has to bring projects forward, it has to do something to take care of
problems they already have
Mr. Hickok stated how about getting some development that will actually carry some weight, and how
about opening and allowing some flexibility that would allow development to happen. These are other
people who have spoken who have said they would like to see development, why is the City of Golden
Valley, the City of Richfield, getting things that the City of Fridley isn't getting? Well, through zoning,
and opening up an opportunity here, we are opening up an invitation for flexibility.
Mr. Hickok stated speakers would have an opportunity when this comes forward that each piece, if it is
going to come under the TOD master planning guidelines, it would have to be approved by the Planning
Commission and Council. We would have the same type of hearings on every subset, every little master
plan that comes in the TOD district. So this is not the last chance people would get to speak on this. It is
an invitation to talk about other development but for developers to bring in a master plan that would have
its own Planning Commission hearing and its own City Council hearing.
Mr. Hickok stated there has been a lot of fear mongering going on. There is a nice map that shows it is
going to involve neighborhoods that it does not involve. There was discussion about boundaries lines. It
is not true. A boundary map that had that east boundary, anything but the backside of Gateway NE has
never been shown by staf£ There is some fear generating discussion here that is really meant to have
folks not believe in staff and not believe in this thing. If the audience/speakers want to believe that
Northstar is the generating guide here, and that the City is putting a lot of effort into this, it may be that a
developer does not answer the call to come and build in the TOD district.
Mr. Hickok stated what staff has done is only allow an opporiunity. They have not given free reign to a
developer. A developer would still need to come in with its master plan, demonstrate to the City that it
fits the TOD and it is something the City is interested in. The City has its broadest discretion in the area
of zoning to simply say, no, if they do not like it and it does not fit. They are not opening the gate very
far. This is meant to help try and solve the other problems by bringing development, revenue, and taxes
to do something different and exciting in the City they have not seen yet.
Ms. Reynolds stated the map that she created was not meant to be fear mongering. It was created based
on the language in the ordinance that talks about the purpose where it says a one-half mile radius from the
station.
Commissioner Oquist stated they are going to amend that.
MOTION by Commissioner Saba to close the public hearing. Seconded by Commissioner Velin.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 9:23
P.M.
Commissioner Velin asked about the green spot on the map where it says, "Public Facilities," does that
mean parks? The question came up about a place for the kids to play if all this were to happen on Main
Street and down in that area. He only sees one little area on 59t'' where the park is. Is there any
consideration for adding in any other parks or recreational area for the kids?
Ms. Jones replied, there are no plans to add any new parks; but any new development proposal that
would come in through a TOD proposal would have to meet the City's green space and landscaping
requirements.
22
Commissioner Velin asked whether there is a start-up date for this project or is this just in the talking
stage?
Ms. Jones replied, once the ordinance passes its second reading, and has been published, it becomes law
within 15 days.
Commissioner Dunham stated they are just trying to do a theme for this area to help improve the
surrounding areas, correct? The whole area has to have a theme and some integrity throughout it.
Ms. Jones stated, right, to try and keep the design unified in the area.
Commissioner Velin stated the reason he asks is when Cub or Tri-Land came in and said they were
going to start digging in the spring a year ago and nothing has happened, he was wondering if there is a
target date or are they just talking about maybe down the road.
Ms. Jones stated the proposal by Tri-Land is approved. This would not affect anything they have
approval for. If they fail to complete their development, according to their development agreement, then
it would apply to what they would want to do in the future. As far as the current plan, this would not
affect that.
Mr. Hickok stated there again, that is a private developer. Through their development agreement, as Ms.
Jones mentioned, they have an opportunity to within a certain window of time start their development.
However, also, that Tri-Land development is a pretty complex development. It deals with a lot of leases
in there in order to start digging ground for the first use in there. It is a complicated project.
Commissioner Dunham stated again, before they build anything or get anything done over here on the
new stuff, it has to come back here, correct?
Mr. Hickok replied, yes.
Commissioner Dunham stated so they will all see us again. If it is a tall building they do not like; they
do not have to have it.
Commissioner Oquist stated he thinks staff should change the term, "one-half mile radius" to somehow
incorporate the boundaries of the TOD. It is not a half-mile from the station.
Ms. Jones replied, that is under "Purpose" which is addressing reducing automobile dependency. It is a
purpose statement. The actual definition of the boundary is the map they saw on the screen. That will
remain the boundary unless the Council decided in the future to change it. This is how many of our other
overlay districts define the boundary of the overlay district.
Commissioner Oquist stated he can see where some people are really concerned even if it is just in the
"Purpose." He thinks they should maybe delete that or something.
Mr. Hickok stated studies show that people will walk a half mile to a train or bus opportunity. The
purpose was meant to say that for those folks that would walk that distance, this district also allows some
added amenities as you get closer to the station. They do understand the misconception. They can take
more of a look at that before it goes to City Council.
Chairperson Kondrick stated that would be a good idea.
23
Commissioner Saba stated he thinks staff did a great job of reidentifying development. They are not
planning to do any development or build anything. They are trying to set the stage and control it.
MOTION by Commissioner Oquist approving Text Amendment TA #11-03, by the City of Fridley to
consider the creation of a transit oriented development overlay zoning district near the Northstar train
station, according to the map provided. Seconded by Commissioner Sielaff.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY.
3. Consideration of a Public Hearing for Text Amendment TA #11-02, by the City of Fridley
to consider clari�cation of the existing Master Plan Amendment fee and review procedures
in Section 205.24 of the Fridley Zoning Code. .
MOTION by Commissioner Velin to open the public hearing. Seconded by Commissioner Oquist.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED AT 9:32
P.M.
Ms. Jones stated this is related to the language in our Master Plan, S-2 Overlay District. What is
happening here is in the S-2 Redevelopment District Master Plan applications section. The City always
been charged an application fee for this. However, it does not clearly state that in the Code. The current
fee of $1,500 was approved in March 2004, following a fee study. The S-2 code language does not refer
to the fee or where it is in Code. Staff proposes that the City amend the Code to refer to the fee that we
have been charging over the years
Ms. Jones stated in addition, staff proposes amending Chapter 11, Fees, to include this fee and update
some other fee changes. Council will be considering these fee changes on February 14.
Ms. Jones stated Section S.B. of Chapter 205.24 states that the HRA must submit a written report to the
Planning Commission and City Council when they review master plans. That creates a bit of dilemma
because both the Planning Commission and HRA meet only once a month, and the City has 60-day action
law that it needs to meet to review these proposals. If the City were to actually follow what it says in
Code, it would not be able to meet that 60-day action law requirement. That is really not the procedure
the City intended to follow, they intended to have the HRA simply make a recommendation to the City
Council on these proposals.
Ms. Jones states staff recommends changing Section 20524.SB(3) to state: "Review and
recommendation to the City Council from the Fridley Housing and Redevelopment Authority (HRA)."
This text amendment will again be heard before City Council at a hearing on February 7; First Reading of
the ordinance on February 14; and Second Reading of the ordinance on March 14.
Commissioner Saba asked regarding the fee, are they just taking it from one part of the ordinance to
another?
Ms. Jones stated the fee has always existed. Every so often they do a fee study internally and make sure
they are not higher than what it is actually costing the City for staff time to review proposals. Back in
2004, the City established that fee at $1,500.
24
Commissioner Sielaff asked so this was never in the ordinance before?
Ms. Jones replied, it was never in the ordinance; never been listed in the fee schedule.
Chairperson Kondrick asked whether there are other communities around us that charge more than
$1,500?
Ms. Jones replied, they did the analysis back in 2004; she does not recall it. She knows the actual staff
costs are higher than that. Fees cannot be more than what it costs the City.
Chairperson Kondrick asked whether the fee includes overhead?
Ms. Jones replied, part of it, yes.
Chairperson Kondrick stated if other communities are charging more, maybe that is where they need to
be.
Ms. Jones stated they always look at all that when they analyze the City's fees as to where it is compared
with other communities.
Commissioner Sielaff asked whether the language should state we recover fees based on how much staff
time is put into this rather than an absolute amount?
Mr. Hickok replied, that is a very good point. Staff has had lengthy discussion with the City's attorneys
on that. The cities that have been challenged are those that have fees that are not quite defined and that is
when it becomes arbitrary and capricious. Where it starts to cross over into administration for user fees
where the developer comes into the thing not quite knowing what the cost of the project is really truly
going to be. It is now on record tonight but it is also known through our fee study that all of our fees,
whether it is this one they are talking about here or the other fees listed in Chapter 11, that relates
specifically to how much time it takes to process the permit or the product that the fee is for. In this case
the City does subsidize, even that $1,500, we are subsidizing something shy of another $1,000 in costs
when you figure the overhead, the publication costs, the staff time, the hearing, the printing. They do not
feel they could charge $2,500. They feel that $1,500 is where they need to be based upon those other
compansons.
Commissioner Sielaff asked, they are being counseled it is better to charge an absolute fee for it rather
than having it be fle�ble?
Mr. Hickok replied, yes.
Chairperson Kondrick stated he has no problem with that; he just wants to make sure the City is
covered.
Mr. Hickok stated they feel justified with the $1,500. They could charge more and certainly relate it to
the actual cost but here is where you are asking, where does that compare to others, do we want to be in a
field that seems fair and reasonable? It is certainly more reasonable than a fee of $500. We were
subsidizing there. We are getting it closer. Are we penny for penny of what it actually costs? Not yet,
but we think we are in a margin right now, in a range, that is very safe and very defensible.
Commissioner Sielaff asked what about five years from now, does this mean that they need to approve
another fee?
25
Mr. Hickok replied, they look at them every couple of years.
MOTION by Commissioner Saba to close the public hearing. Seconded by Commissioner Sielaff.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 9:42
P.M.
Chairperson Kondrick stated he did not have any problem with this.
Commissioner Saba stated he did not either.
Commissioner Oquist asked, regarding the public hearings, when staff sends out the notice to the area
that is affected, do they just send a letter and none of the background data they were talking about
tonight? In other words, all they got is a letter so they did not know what they were really going to talk
about? He understands there is a lot of cost involved to make all those copies.
Mr. Hickok replied, when staff sends out the notice, they send out a description of what is going to be
heard at the meeting. They also send out the specifics of when this goes to CounciUCommission, where
they should attend, and if they need additional consideration for hearing and other things. It tries to be as
specific as it can in that early stage but understand the timing of this. The gentleman talks about staff
sending out a packet. The packet went to the Commission the Friday of last week. The packet is not
ready anywhere near the time that the notice goes out to the neighborhood, and the City has a statutory
requirement to get notice out to the newspaper and the public within a certain period of time. The report
simply is not done at that time. Staff takes the time they need to polish this thing, and it is the Friday
before the Commission's Wednesday meeting.
Commissioner Dunham stated is it odd that nobody else is doing something different? They have the
same timeframe, right?
Mr. Hickok replied, he knows of no other community that is sending out the packet with the notice,
because you do not have enough time in there. The window of time does not allow for that.
Ms. Jones stated what a lot of other communities have though is that information available on the website
once it goes to the Commission. We do not have that set up yet, but are hoping to have it in place in the
future.
Commissioner Dunham asked, could they even make available to somebody the report after the
Commission has it? Offer to state that in the letter - that the report is as ready when the commission gets
it and then maybe hopefully on line?
Mr. Hickok stated there is a public copy that is here and available at the desk if anyone is interested in
asking for it.
Commissioner Dunham asked whether the letter states that?
Ms. Jones stated she believed it states for people to call staff for additional information.
26
MOTION by Commissioner Saba approving Text Amendment TA #11-02 by the City of Fridley to
consider clarification of the existing Master Plan Amendment fee and review procedures in Section
20524 ofthe Fridley Zoning Code. Seconded by Commissioner Sielaff.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY.
4. Receive the Minutes of the December 2, 2010, Housing and Redevelopment Authority
Commission Meeting.
MOTION by Commissioner Oquist to receive the Minutes. Seconded by Commissioner Saba.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY.
5. Receive the Minutes of the November 9, 2010, Environmental Quality and Energy
Commission Meeting.
MOTION by Commissioner Velin to receive the Minutes. Seconded by Commissioner Sielaff.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY.
6. Receive the Minutes of the November 1, 2010, Parks and Recreation Commission Meeting.
MOTION by Commissioner Oquist to receive the Minutes. Seconded by Commissioner Saba.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OTHER BUSINESS:
Ms. Stromberg stated the February 16 Planning Commission meeting is cancelled.
ADJOURN
MOTION by Commissioner Saba adjourning the meeting. Seconded by Commissioner Oquist.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 9:48 P.M.
Respectfully submitted,
Denise M. Johnson
Recording Secretary
27
� .
. � .
CITY COUNCIL MEETING OF FEBRUARY 7t", 2011
,,^f�
TO: William W. Burns, City Manager �`�r
.�
��
James Kosluchar, Public Works Director
Layne Otteson, Assistant Public Works Director
February 7th, 2011
,
SUBJECT: 2011 Miscellaneous Concrete Repair Project No. 401
PW11-014
Attached is a resolution ordering advertisement for bids for the 2011 Miscellaneous Concrete
Repair Project No. 401. This annual project includes concrete replacement of sidewalk,
pavement, curbing, and other miscellaneous concrete work throughout the City due to utility
repairs, sub-standard condition, or driveway entrance permits.
StafF has determined that utilizing this contract for concrete curb replacement within the Hyde Park
rehabilitation area will reduce costs to the city. Staff will coordinate curb replacement prior to
street rehabilitation work in the Hyde Park area. The project cost estimate is $45,000 and within
budget. Staff anticipates opening bids March 2nd, 2011 and awarding March 14t", 2011.
Recommend the City Council adopt the attached resolution ordering advertisement for bid for the
2011 Miscellaneous Concrete Repair Project No. 401.
JPK:Iro
Attachment
:
RESOLUTION NO. 2011-
RESOLUTION ORDERING ADVERTISEMENT FnR BIDS:
2011 MISCELLANEOUS CONCRETE REPAIR PROJECT NO. 401
WHEREAS, the construction of certain impravements is deemed to be in the interest of the City of Fridley and the
property owners affected thereby.
NOW, THEREFORE, BE IT RESOL,VED by the City Council of the City of Fridley, Anoka County, Minnesota as
follows:
That the following improvements proposed by Council Resolutions are hereby ordered to be effected and
completed as required:
2011 Miscellaneous Concrete Repai• Project No. 401
2. The plans and specifications prepared by the Director of Public Works for such improvements are hereby
approved and shall be filed with the City Clerk.
The Director of Pi,iblic Works shall accordingly prepare and cause to be inserted in the official newspaper
advertisementsfor bids upon the making of such improvementsunder such approved plans and specifications. The
advertisementshall be published at least 10 days prior to bid opening, and shall specifythe work to be done and
will state that the bids will be opened and considered at 10:00 AM WEDNESDAY, MARCN 2nd, 20l 1, and that no
bids will be considered unless sealed and filed with the Directoraf Public Works. That the advertisement f�r bids for
201 ] MTSCELLANEOI.JS CONCRETE REPAIR PROJECT NO. 401 shall be substantially in the standard form.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 7TH DAY OF
FEBRI.IARY, 201 l.
ATTEST;
Debra A. Skogen, City Clei-k
m
Scott J. Lund, Mayor
� AGENDA ITEM
� COUNCIL MEETING OF FEBRUARY 7, 2011
� �F CLAI MS
FRIDLEY
CLAIMS
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� AGENDA ITEM
� CITY COUNCIL MEETING OF FEBRUARY 7, 2011
��F LICENSES
FRIDLEY
TYPE (�F LICENSE: ' APPLICANT: ' ' APPRO�ED BY:
LAWFUL GAMBLING STEVENSON ELEMENTARY PUBLIC SAFETY
STEVENSON PAWS CITY CLERK
ASSOCIATION (PTO)
MOLLY RIDDLE, TREASURER
AUCTION TOT1N0 GRACE HIGH SCHOOL PUBLIC SAFETY
TEMPORARY 1NTOXICATING CHRIS BEACH, DIRECTOR CITY CLERK
LIQUOR FOR EVENTS ON 4/30/11 AND
11/19/11
� AGENDA ITEM
� CITY COUNCIL MEETING OF FEBRUARY 7, 2011
��F LICENSES
FRIDLEY
�
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CRY OF
FRIDLE'f
Date:
To:
AGENDA ITEM
CITY COUNCIL MEETING OF FEBRUARY 7, 2011
February 3 , 2011
William Burns, City Manager
From: Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Stacy Stromberg, Planner
Subject: Public Hearing for Text Amendment Request, TA #11-04, Hyde Park Zoning District, Chapter
205.23
INTRODUCTION
During the Comprehensive Plan process, there was
concern about the condition of the rental housing in
the S-1, Hyde Park Neighborhood zoning district. As
a result, one of the action steps in the plan was to
consider amending the Hyde Park zoning district to
allow redevelopment of property with existing multi-
family housing to new multi-family housing.
The Hyde Park Neighborhood is bordered by Main
Street on the west, 615t Avenue to the north,
University Avenue to the east and 57th Place to the
south.
ANALYSIS
Staff has taken some time over the last few
months to research the existing Hyde Park code
language. We determined that minor
modifications need to be made to the language
to allow existing uses, to be considered
permitted uses. We also took this time to
amend other sections of this zoning code that need updating. The amended sections include
the Purpose section and those dealing with district boundaries, accessory uses, existing uses,
and excluded uses. Our proposed changes also deal with lot width, lot coverage, setbacks, and
refuse.
A description and explanation for each code modification is listed is the attached staff report
that was presented to the Planning Commission.
PLANNING COMMISSION RECOMMENDATION
At the January 19, 2011 Planning Commission meeting, a public hearing was held for TA #11-04.
After staff's presentation and receiving comments from the public, the Planning Commission
made a motion to approve TA #11-04. The motion was approved unanimously.
There were some comments made during the public hearing process before the Planning
Commission that staff would like to respond to.
According to one comment, the Hyde Park Neighborhood was rezoned to S-1, as a result of a
petition from the neighborhood. The rezoning request was actually made as a joint effort
between the City and a Neighborhood Council. The Neighborhood Council was made up of 16
people who owned homes, apartments and businesses within Hyde Park. The Council was
established as a response to residents who had concerns about a 1969 commercial rezoning
which left their residential lots non-conforming. The Neighborhood Council held several
meetings in which they discussed the problems and future planning of the neighborhood. As a
result of those meetings, the Neighborhood Council wanted to create a special zoning district
so that people would be able to continue to utilize their existing structures and replace them if
they were destroyed by over 50%. Therefore, the City and the Neighborhood partnered
together to create the S-1, Hyde Park zoning district.
Another comment noted that although the Comprehensive Plan referenced neighborhood
concern about maintenance of apartments in Hyde Park, a later housing condition survey did
not rank Hyde Park apartments as poor. The study that was completed by the City's Housing
Intern ranked properties based on 5 exterior building conditions. Those conditions related to
roof, siding and paint, windows and doors, soffit and fascia and foundation. Interior conditions
were not rated and though the Fire Department states that the condition of these buildings are
no worse than any other rental structures within the City of this age, staff assumes that as the
buildings continue to age, the conditions of both the exterior and the interior will become a
bigger concern. As a result, this text amendment will allow multi-family property owners the
ability to feel comfortable reinvesting in their buildings.
Lastly, it was mentioned during the public hearing that there is an inconsistency in the new
Hyde Parking zoning code language between allowing property owners to expand to 35% lot
coverage and only being able to build what exists now, if a building were removed or
destroyed. This isn't an inconsistency; in fact, both statements are true, depending upon the
situation. A single family home that is located on a conforming lot will be allowed to expand
their home with an increase in lot coverage up to 35%. However, a multi-family building that is
considered non-conforming based on lot size, would not be able to expand the footprint of
their building, but could re-build the exact same size structure on the lot. Increasing the
amount of lot coverage allowed in the Hyde Parking zoning district, will allow those conforming
uses to reinvest in their properties by permitting new front porch additions, living space
additions or other expansion options that these properties otherwise couldn't accomplish now.
STAFF RECOMMENDATION
City staff recommends the Council hold the public hearing for TA #11-04. The first reading is
scheduled for February 14, 2011, unless otherwise directed by Council.
Ordinance No.
AN ORDINANCE AMENDING CHAPTER 205.23, RELATED TO PURPOSE, DISTRICT
BOUNDARIES, PERMITTED USES, ACCESSORY USES, EXISTING USES, EXCLUDED
USES, LOT WIDTH, LOT COVERAGE, SETBACKS, AND REFUSE FOR PROPERTIES
WITHIN THE S-1 HYDE PARK NEIGHBORHOOD ZONING DISTRICT
The Fridley Planning Commission and City Council hereby finds after review, examination and
recommendation of staff that Chapter 205.23, S-1, Hyde Park Neighborhood District Regulations be
amended as follows:
SECTION 1: That Section 205.23.2 be hereby amended as follows:
2. PURPOSE
The purpose of this special zoning district is to:
A. Establish a zonin� mechanism for the nei�hborhood that will allow a varietv of housin�
tvpes on lots with reduced lot sizes and setbacks. ��e�e� "
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B. Su�ort ���_�:n the residential character of the neighborhood.
C. Protect the property rights of all � landowners , while
promoting reinvestment and development in *��e�*�ae�=ek�ne��e€ the
neighborhood.
� - - - -
.
SECTION 2: That Section 205.23.3 be hereby amended as follows:
3. DISTRICT BOUNDARIES
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SECTION 3: That Section 205.23.4 be hereby amended as follows:
4. USES PERMITTED
A. Principal Uses.
The following are principal uses in the S-1 District:
One-family dwellings, except for those uses as allowed as part of section 205.23.4.C.(1).
B. Accessory Uses.
. .. .
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- - - - � - - -
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(1) A private �ara�e is the first accessorv buildin�. It shall not exceed 100% of the first floor area
of the dwellin� unit or a maximum of 1,000 square feet.
(2) A second �ara�e or accessorv buildin� over 120 square feet provided the followin� criteria
are met:
(a.) The combined total floor area of all accessory buildin�s shall not exceed 1,400
square feet.
(b.) The ma�mum hei�ht for all accessory buildin�s shall not exceed fourteen (14) feet
above �rade at the midspan of roo£ Midspan for purposes of this ordinance shall be
described as the midpoint between the eave line and the hi h._ e�st point on the
buildin�s roof, as measured at the front elevation of the structure.
(c.) Accessorv buildin� shall not be used for a home occupation or as livin._ a�rea.
(d.) Accessory structure shall be architecturall�patible with e�stin� home by
matchin� sidin�, color schemes, roofin� materials, roof type and roof pitch.
(e.) All drive and parkin� areas to be hard surfaced.
(3) Privatelv owned recreational facilities which are for the enjovment and convenience of the
residents of the principal use and their �uests.
(4) Home occupations
(5) The rental of �uest rooms to not more than two (2) persons per dwellin� unit.
(6) Solar ener�v devices as an inte�ral part of the principal structure.
C. Existing Uses.
(1) All existing uses will be classified as permitted uses within the zoning district on the
present property which they occupy.
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D. Uses Excluded.
The following are excluded uses in the S-1 District:
.
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(2) Uses which mav be dan�erous, create annovin� odors, noise disturbances or be
otherwise detrimental to the �eneral welfare of persons residin� or workin� in the vicinitX
thereof or mav impair the use, enj ovment, or value of an�propert�
SECTION 3: That Section 205.23.5 be hereby amended as follows:
5. LOT REQUIREMENTS AND SETBACKS
B. Lot Width.
(1) The width of a lot shall not be less than sixty (60) feet at the required setback Corner
lots shall not be less than sixty-five (65) feet at the required setback.
. .
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C. Lot Coverage:
Not more than *T-�°r*�� ���° r°r�°r* �''�o�` thirtv-five percent (35%� of the area of a lot
shall be covered by the main building and all accessory buildings.
D. Setbacks:
(2) Side Yard:
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�se�.�,e�t��t�° °'��" r°����r° T�wo (2) side yards are required, each with a
width of not less than seven and one half (7.5) feet, except as follows: (Ref 1217)
(a) Where a house is built without an attached garage, a minimum side yard
requirement shall be ten (10) feet on one side, and thirteen (13) feet on the other
side, so that there is access to the rear yard for a detached and off-street parking
area.
(b) Where a house is built with an attached garage, the side yard adjoining the
attached garage or accessory building may be reduced to not less than five (5)
feet, provided the height of the garage or accessory building on that side is not
more than �i�€�5� fourteen 14� feet.
SECTION 4: That Section 205.23.7.0
C. Refuse.
All waste materials, refuse or garbage shall be contained in closed containers as required
under the Chapter entitled "�e Refuse Disposal" of the Fridley City Code.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF , 2011
Scott J. Lund, Mayor
ATTEST:
Debra A. Skogen, City Clerk
Public Hearing: February 7, 2011
First Reading: February 14, 2011 - tentative
Second Reading March 14, 2011 - tentative
Publication:
�`'
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DATE OF PC MTG:
TO:
COMMUNITY DEVELOPMENT DEPARTMENT
January 19, 2011
Planning Commission
PLANNING DIVISION
Memorandum
FROM: Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Stacy Stromberg, Planner
SUBJECT: TA #11-04, Amendments to the Hyde Park Zoning District, Chapter 205.23
INTRODUCTION
During the Comprehensive Plan process, there was
concern about the condition of the rental housing
in the S-1, Hyde Park Neighborhood zoning district.
As a result, one of the action steps in the plan was
to consider amending the Hyde Park zoning district
to allow redevelopment of property with existing
multi-family housing to new multi-family housing.
The Hyde Park Neighborhood is bordered by Main
Street on the west, 615t Avenue to the north,
University Avenue to the east and 57th Place to the
south.
HISTORY
When the Hyde Park neighborhood was developed
it was made up of a mixture of commercial entities
and all types of residential units. Currently, all but
one of those commercial entities has been
acquired and has been replaced with single family
housing. Hyde Park development is consistent
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with how neighborhoods typically developed
before strict zoning laws were put into place. These mixed use developments where people can live,
work (shop), and play is something more and more cities are striving to re-create, with Fridley being no
different. Since this type of mixed use neighborhood wasn't looked on favorably in the 1970's, the S-1,
Hyde Park zoning district was adopted in 1978 to allow all uses currently within that district to be
continued but at which time a use other than single family was destroyed by more than 50%, only a
single family home could be rebuilt. For example, if a 12 unit apartment building were destroyed, only a
single family home would be allowed to be re-built on that parcel of land, unless the parcel was large
enough for more than one single family lot to be created (platted).
This requirement is a financial disincentive to reinvestment for existing multi-family properties owners
who have no legal means in the future to recoup their investment. As a multi-family building ages (most
buildings are 40-50 years old) and the building can no longer meet the requirements to obtain a rental
license, the value of the property declines to only the value of the land. Through staff's research it was
determined that a simple text modification amending the permitted uses section in the Hyde Parking
zoning code would allow any existing uses to be considered permitted (allowed). This would allow for
reinvestment and possible redevelopment of the existing multi-family structures within Hyde Park.
Other minor modifications are also being made to the text to update the code and make it easier to
interpret and enforce.
ANALYSIS
As stated above, staff has taken some time over the last few months to research the existing Hyde Park
code language. We determined that minor modifications need to be made to the language to allow
existing uses, to be considered permitted uses. We also took this time to amend other sections of this
zoning code that need updating. Those sections are the purpose statement, the district boundaries, the
accessory, existing uses, and uses excluded sections, provide clarification on the lot width and setback
sections, allow additional lot coverage, and make a minor change to the Refuse section.
A description and explanation for each code modification is listed below:
Purpose:
When the Hyde Park overlay district was adopted, the idea was to remove any commercial or multi-
family housing and replace it with single family dwellings. The purpose statement within the existing
code clearly articulates that. Staff is proposing to modify this section to acknowledge the unique
characteristics of this neighborhood that currently provides a mixture of housing types. It is the City's
goal to support the residential character of this neighborhood, while also promoting reinvestment
within existing structures and allow for future redevelopment. The purpose statement has been
modified to convey these points.
District Boundaries:
The modifications to the district boundaries section is simply taking out the legal descriptions of the
existing properties and adding a section that describes the Hyde Park Neighborhood by the streets it's
bordered by. If legal descriptions are used to describe the neighborhood, it is likely there will be a need
to update it more often, because every time a new plat is created in this neighborhood, a new legal
description would need to be added to the district boundaries section. As a result, staff would
recommend simply describing the neighborhood by its bordered streets.
Uses Permitted, Principal Uses:
In this section, currently what is considered a permitted use is a One-family dwelling. In order to allow
existing uses, whether duplexes or 12 units building, to be permitted, staff recommends adding a
section to the code that will instead ready, "One-family dwellings, except for those uses as allowed as
part of section 205.23.4.C.(1). That section of code states "All existing uses will be classified as
permitted uses within the zoning district on the present property which they occupy°. In other words,
this statement clarifies that multi-family uses properties are considered permitted uses that can be
reinvested in and rebuilt, but not geographically expanded.
Accessory Uses:
City staff determined that for consistency purposes, this section of code should match that of the R-1,
Single Family section of code. The existing language points to the need for a special use permit for
accessory structures, which is something that was removed from the R-1 section of code several years
%•
ago, so staff recommends modifying this section of code to match that of the R-1, Single Family zoning
district.
Existin� Uses:
Several years ago amendments were made to State Statute and our Zoning Code that allows non-
conforming uses to be rebuild, whether the property owner chooses to replace the building or if the
building is destroyed or damaged by natural peril. Sections 2 and 3 in the "Existing Uses" section should
have been removed at the time of the adoption of this State Statue into our code, because it's
contradictory to what the State Statue allows. As a result, staff recommends removal of Section 2 and 3
in this section.
Uses Excluded:
Staff is proposed to remove the statement that say's, "any use not specifically permitted in the
preceding paragraphs of this Section" as it relates to the existing uses sections that are being removed.
Staff is suggesting that the following statement, instead be inserted, "Uses which may be dangerous,
create annoying odors, noise disturbances, or be otherwise detrimental to the general welfare of
persons residing or working in the vicinity thereof or may impair the use, enjoyment, or value of any
property." This statement is commonly used is other sections of our code, so would be consistent.
Lot Width:
Within the lot width section of the Hyde Park zoning district, there is a set of setbacks for living space
and accessory structures, which staff finds confusing and unnecessary. Appropriate setback
requirements have already been established in the "Setback" section of this zoning district, so staff
recommends removal of the setback requirements within the lot width category.
Lot Covera�e:
When the O-6, Overlay District was approved in 2000, it recognized smaller lots sizes, platted prior to
1955 throughout the City to be conforming. Within that overlay district there is an increase in lot
coverage requirement and reduced setback requirements, which allows for additional opportunities
development on those small lot. Since the Hyde Park zoning district also has smaller lots sizes and
reduced setback from the standard R-1, Single Family zoning code, staff determined that it was
appropriate to increase the lot coverage requirement from 25% to 35% in this zoning district as well.
This standard matches the lot coverage standard that is in the O-6 Overlay zoning district.
Setbacks:
In 2005, several parcels within the Hyde Park Neighborhood along 3rd Street were replatted to allow for
the construction of 16 new single family homes. At that time, a text amendment was also approved that
would allow reduced side yard setbacks specifically for new construction. Staff has determined that the
reduced setbacks should apply to all properties within this zoning district and not specifically to new
construction. Since the Hyde Park zoning district allows reduced lot size, reduced setbacks seems
appropriate. This change will also be consistent with the setback dimensions used in the O-6 Overlay
district.
While reviewing this section of code, staff also discovered a typo related to the height of an accessory
structure. In all other sections of code, accessory structures shall not exceed 14 ft. in height. For some
reason, this section references 15 ft. For consistency sake, staff recommends correcting the 15 ft. height
limitation to 14 ft.
Refuse:
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FRIDLEY
Date:
To:
From:
Subj ect:
AGENDA ITEM
CITY COUNCIL MEETING OF FEBRUARY 7, 2011
February 3, 2011
William Burns, City Manager
Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Public Hearing for Te�t Amendment TA # 11-03, Creation of a Northstar Transit Oriented
Development Overlay Zoning District
Background
For the past several years, staff has been researching potential code changes that would strengthen the
connection between the Northstar Train Station and nearby commercial areas. Following two work
sessions between the Fridley City Council and the Fridley Housing and Redevelopment Authority, staff
was encouraged to move forward with drafting code changes that support transit oriented development
(TOD).
Proposed Boundary
The area for the proposed TOD overlay zoning district is identified in the attached map. It consists of all
property that has the potential of being directly impacted by Northstar related development projects.
Code Features
The proposed code is an overlay zoning district. This means the underlying zoning would remain
unchanged, but the TOD overlay would allow some design flexibility, if there is City Council approval,
without having to rezone the properiy to an S-2 or PUD zoning.
A text amendment is simultaneously being proposed by staff for the Hyde Park neighborhood overlay
zoning district to preserve the current non-conforming uses in that district and to support continued
exceptions to standard R-1 single family lot requirements.
The proposed code changes would only apply to new development, redevelopment, or additions to
existing structures. There are no proposals that have been submitted to the City that would benefit from
these changes. In addition, individual single family lots are exempt from the proposed plan submittal fees.
An application fee of $1,500 will be proposed to the City Council for submitting a TOD plan if the te�t
amendment moves forward for approval.
Besides determining the proposed TOD district boundary, a difficult task in developing proposed code
language was debating what uses would be permitted in the district. The overall intent of the overlay is to
permit the uses in place in the underlying zoning district. However, in most cases, a wide mixture of uses
is commonly found in transit oriented developments. For example, a proposal could be submitted to have
a daycare, restaurant, and medical office on a main floor of a building with condominiums in upper floors.
Staff found it made more sense to detail what uses would not be acceptable and to leave the permitted
uses open to City approval, subject to the plan submitted for a particular site.
Generally, the proposed overlay requirements reduce front yard setbacks and promote a pedestrian
friendly design. Design features of the proposed TOD district include:
■ Increased lot coverage — particularly in projects that include structured parking
■ A maximum front yard setback of 15' rather than minimum setbacks
■ Emphasis on pedestrian and transit access
■ Building design criteria that promotes interesting, high-quality building features and
orientation toward the street instead of toward vehicle parking
■ Reduced vehicle parking requirements and special bicycle parking accommodations
■ Innovative solutions to allow streetscape features to be traded for landscaped areas when
green space is limited
■ Requirements for sidewalks, specially-designed crosswalks, and pedestrian linkages to transit
■ Coordination of lighting plans with City streetscape plans
■ Prohibition on electronic signs
■ Relaxation of screening requirements for outdoor dining
■ Inclusion of code language that allows seasonal, weekly, outdoor sales (like a farmer's
market) by special use permit
■ Increased properiy maintenance requirements, where property owners are required to
maintain the sidewalks, landscape beds, and bus stops adjoining their property
Commission Review and Public Response
Staff mailed notices to every property owner within the proposed TOD overlay district boundary in
addition to the public notice in the newspaper. In the same mailing, staff also included the public notice
regarding the proposed Hyde Park zoning code changes. While we knew receiving two notices at once
was going to confuse residents, it was important to address both of these text amendments simultaneously
since they are interrelated. In response to the mailings, staff received about 10 emails or phone calls from
Hyde Park properiy owners seeking additional information or clarification. Points of view swayed from
support from multi-family rental property owners who want the flexibility to rebuild their investment
property to single-family property owners who wanted rental properties eliminated from the
neighborhood.
On January 6, staff presented the proposed TOD overlay district text to the Fridley Housing and
Redevelopment Authority. Since the Authority is required to comment on any TOD plan submitted in the
proposed attached text, staff wanted to ensure that they are in support of the proposed code language. The
Authority was in support of the proposed code, but suggested that staff re-evaluate the Excluded Use
language, requirements for snow storage, and how the design criteria would be applied to additions to
existing buildings.
After further discussion, staff does not recommend changing the Excluded Use section (Section
20533.06) as drafted. Staff finds that if the code is drafted to prohibit specifically named uses, we will
certainly fail to mention an undesirable use that would be proposed in the future. The City is better
protected by the purposely broad description proposed. Neither does staff recommend adding additional
requirements regarding snow storage. Accommodations for snow storage have traditionally been
evaluated during the application review. Staff sees no harm in allowing developers flexibility in
addressing this maintenance issue with individualized snow removal plans specified in the subsequent
development agreement that would follow TOD plan approval.
Staff shared the HRA's concerns about how the proposed TOD design criteria would affect additions to
existing industrial buildings. There are instances where it could look odd to require the maximum 15'
front yard setback on a building addition. After pondering potential wording adjustments, staff added a
new paragraph in Section 205.33.08.B, Setbacks, that provides an exception for M-2 property additions.
The Planning Commission held a public hearing regarding TA # 11-03 on January 19. Several individuals
appeared to testify regarding the text amendment. Very few comments received actually pertained to the
specifics of the proposed text amendment language. Most negative comments were made about the Northstar
Train system or revolved around a belief that the purpose of the proposed TOD district was to increase
Northstar ridership. The few comments that actually pertained to the proposed code language included:
Why put in new streetscape amenities because the City won't maintain it. Staff response: Staff is well
aware of the ongoing problem ofgetting property owners to care for the boulevard areas adjoining
their properties as code requires now. Therefore, we made this requirement especially clear in the
proposed TOD code language. If you look at the very last section of the proposed TOD code
language, Section 205.33.11, Maintenance, it states that the developer is required to maintain the
landscape and streetscape abutting their property in the public right of way. Staff went one step
further and clarified that this also includes trash and snow removal at bus stops and irrigation of
landscape planters.
The TOD code leaves room for undefined development in the Hyde Park neighborhood. Staff
response: Yes, the proposed TOD code language leaves proposed permitted uses open to suggestion.
However; the proposed code also gives a broad definition of what uses would be excluded. When a
TOD Plan is submitted under this new code, it will be up to the City Council to determine if a use is
appropriate for the site or not.
The TOD language fails to address snow storage. Staff response: No sections of the zoning code
currently dictate requirements for snow storage. However, discussion of where the developer
proposes to store snow occurs during the plan review process. While it is expensive, most TOD-type
sites have snow trucked away and stored off site. Staff did not see a need to limit a developer's
flexibility of handling this maintenance issue and more in the TOD district than we do in other
zoning districts.
The 45' height increase in Hyde Park zoning code is undesirable. Staff response: No one at the
hearing argued why the 45' height that exists in the R-1, Single-Family code is not also appropriate
for Hyde Park. Fridley is lacking multi family housing with underground parking. This style of
housing cannot typically be built within the existing 30' height limitation in the Hyde Park code.
Staff anticipates that if new multi family housing is built in the future, it will need to include
underground parking to be competitive in the marketplace to attract higher rents.
If we allow less green space, where are kids going to play? Staff response: This comment was based
upon photos shown of the front view of townhome developments. While the proposed TOD code
requires a maximum front yard setback of I S', side and rear setbacks are left flexible to allow a
development to preserve the space needed to meet landscape requirements. This comment from a
Hyde Park resident, however, caused staff to realize that the requirement to follow the underlying
zoning district landscape requirements was insuffzcient in the case of Hyde Park, because the
landscape requirements are minimal in this district. Therefore, staff added an additional exception
into Section 205. 33.10, Landscape and Streetscape Requirements, requiring landscape plans for a
Hyde Park TOD project to follow the landscape requirements in code for the use proposed.
A claim that the TOD boundary was intended to extend beyond the area noted on the map since text
in the purpose section referred to a half mile radius. Staff response: While the only section of the
proposed TOD code that dictates the TOD area boundary is the attached map referred to in Section
205.33.03, staff agrees that the reference to a one-half mile radius in Section 205.33.02, Purpose,
confused people. As a result, the word "radius" has been removed from parts A and D of that
section.
One resident voiced concern that she did not want the Hyde Park to be excluded from the opportunities that
the TOD code would allow and felt redevelopment is the only way the neighborhood is going to improve,
noting that it has been decades since the special zoning district was created for Hyde Park, but it has not
resulted in the improvements that folks anticipated back in 1978.
The negative comments regarding Northstar were likely spurred by a news release that day regarding first
year ridership numbers falling below projections. The Chair of the Planning Commission conveyed to the
audience that the City has no controls over the operation of Northstar, but it did little to stop additional
comments. Following all of the discussion, the Planning Commission recommended only one text change —
that staff consider changing the reference to a one-mile radius in the purpose section of the draft TOD code.
The Commission recommended approval of the TOD text amendment as proposed with that one change
unanimously.
Recommendation
Staff recommends that the City Council proceed with holding the second public hearing regarding this
Transit Oriented Development text amendment TA # 11-03 on February 7 as scheduled. The first reading of
the attached draft ordinance is scheduled for the following council meeting on February 14.
ORDINANCE NO.
AN ORDINANCE CREATING CHAPTER 205.33 O-8 OF THE FRIDLEY CITY CODE
PERTAINING TO NORTHSTAR TRANSIT ORIENTED DEVELOPMENT OVERLAY
ZONING DISTRICT REGULATIONS
The City Council of the City of Fridley hereby finds, after review, examination and recommendation of
staff, that the Fridley Zoning Code be hereby amended as follows:
SECTION 205.33 O-8 NORTHSTAR TRANSIT ORIENTED DEVELOPMENT OVERLAY
DISTRICT REGULATIONS
205.33.01. BACKGROUND AND AUTHORITY
The City of Fridley finds that Transit Oriented Development benefits the general health and welfare of the
inhabitants of Fridley by fulfilling existing housing, transportation and employment needs. Therefore, the
City of Fridley implements this overlay district which designates a portion of the City as a Transit
Oriented Development District ("TOD" District) in an effort to support all modes of transportation. This
overlay district is adopted per authority granted by the City of Fridley in Minnesota State Statutes Chapter
462.
205.33.02. PURPOSE
The purpose of this overlay zoning district is to:
A. Implement code requirements that will encourage dense, mixed use, pedestrian-friendly
development within a one-half mile of the Northstar Commuter Rail Station in Fridley.
B. Create multi-modal connections to the Fridley Northstar Commuter Rail Station that allow for
safe access to the station no matter what means of transportation someone uses.
C. Create a neighborhood identity with the Northstar Station that promotes the use of mass transit,
human interactions, safety and livability.
D. Reduce automobile dependency by locating a variety of land uses within a half mile of the train
station.
E. Provide life cycle housing for people of different income levels and housing space needs within
one half mile of the train station.
205.33.03. DISTRICT BOUNDARY
The TOD Overlay District consists of those areas shown on Appendix A to this Chapter, entitled
Northstar TOD Map, which is on file with the City Clerk and dated [INSERT DATE MAP IS ADOPTED
BY ��� THE CITY] .
205.33.04. DEFINITIONS
The following words, terms, and phrases, when used in this section, shall have the meanings ascribed to them in
this Section, except where the context clearly indicates a different meaning;
1. Drive-Through Service
A type of service provided by a business that allows occupants of a motor vehicle to receive or obtain
a product or service through a building opening without leaving the vehicle.
2. Mixed Use Structures
A building or development that contains two or more different uses such as, but not limited to, residential,
commercial, industrial, or public facilities.
3. Primary Street
The street adjoining the property which has the highest traffic counts.
4. Zero Lot Line Setback
The location of a building on a lot in such a manner that one or more of the building's exterior edges rest
directly on a side property line.
205.33.05. USES PERMITTED
Permitted uses in the O-8 TOD Overlay District are those uses which are acceptable to the overall
redevelopment plan and specific development plans as approved by the City. Upon approval of the
specific development plans, the City shall determine the specific uses that are permitted within the
development. Mixed use structures do not require a special use permit as underlying zoning requirements
may require.
205.33.06. USES EXCLUDED
A. Uses which may be dangerous, create annoying odors, noise disturbances or be otherwise
detrimental to the general welfare of persons residing or working in the vicinity thereof or may
impair the use, enjoyment, or value of any property.
B. Trucking Terminals
C. Uses whose operation requires the outdoor storage of materials or equipment, including the
outdoor manipulation of said materials or equipment.
D. Uses whose principal operation requires the outdoor storage of motor vehicles, including the
outdoor manipulation of said motor vehicles.
205.33.07. PROCESS FOR TOD PLAN APPROVAL
A. Plans for each individual project or combination of projects must be submitted upon payment of
any required fee as provided in Chapter 11, except plans for individual, detached single family
housing construction projects in the Hyde Park zoning district will be exempt from the TOD plan
review process. Project plans will be reviewed by the Planning Commission, who will provide a
recommendation to the City Council. The City Council shall have final authority to approve all
project plans.
B. Project plans submitted to the Planning Commission and City Council shall include the following
minimum criteria:
(1) Scalable site plans, showing the location of buildings, off-street parking, street and utility
locations, auto and pedestrian access to and from the project, any modification to existing
services, grading plans, storm water plans, building exterior finish, lighting and signing and
landscape plans.
(2) Written City staff review on project compatibility to the overall Transit Oriented
Development District.
(3) Review and recommendation to the City Council from the Fridley Housing and
Redevelopment Authority (HRA).
C. Any substantial modification to the plan must be submitted through the Planning Commission
and approved by the City Council.
205.33.08. DESIGN CRITERIA
All development proposals for new development or redevelopment in the TOD District must meet the
following design criteria standards designed to enhance the pedestrian scale and safety of the
development. In situations where an existing building is being partially expanded, the new standards will
only apply to the new addition, except as provided in Section 20533.08.B, Setbacks.
Dimensional Requirements
A. Lot Coverage
Lot coverage may exceed 40% in cases where vehicle parking is shared, underground, or
structured, provided all landscaping requirements are met. Allowances exceeding the 40% lot
coverage limit will be made in designs that finance the creation and maintenance of public
open space for commuters nearby.
Alternative storm water treatment methods such as permeable pavers, porous asphalt,
vegetated roof areas, especially at the top of structured parking facilities, and other innovative
techniques to reduce stormwater run-off are encouraged.
B. Setbacks
Exceptions to the following setback requirements will be granted to building additions to
structures located on property zoned M-2, Heavy Industrial, at the date of the creation of this
TOD zoning district.
(1) Front Yard
a. Except for individual, detached, single-family homes in the Hyde Park overlay zoning
district, buildings shall be set back no further from the front property line than 15 feet.
b. Corner Lots: On corner
lots, the buildings shall have
front and side facades
aligned no further back than
15 feet from the corner lot
lines.
c. Double Frontage: In cases
of double frontage, buildings
on both fronts may be set
back at 15 feet. On three or
four-sided lots, buildings
would not be required to
meet the minimum 15 foot
setback on more than one corner.
(2) Side Yard
Buildings may be set back as close as 15 feet to the property line. On corner lots, the
maximum allowable building setback is 15 feet.
Zero lot line setbacks are encouraged.
(3) Rear Yard
Buildings may be set back as close as 15 feet to the property line.
C. Height
The height limitations of the underlying zoning district shall apply except in the Hyde Park
Zoning District, where a building height of 45 feet shall apply.
Building Design
A. Entrance Orientation
Primary building entrances on all new buildings shall be oriented to the primary abutting public
street. Additional secondary entrances may be oriented to a secondary street or parking area.
Entries shall be clearly visible and identifiable from the street, and delineated with elements such
as roof overhangs, recessed entries, landscaping, or similar design features.
B. Fa�ade Articulation
Building widths of 40 feet or less are encouraged. New buildings of more than 40 feet in width
shall be divided into smaller increments, between 20 and 40 feet in width, through articulation of
the fa�ade. This can be achieved through combinations of the following techniques, and others
that may meet the intent of this section.
(1) Fa�ade Modulation — Stepping back or extending forward a portion of the fa�ade
(2) Vertical Division — Using different te�tures or materials, provided materials are drawn
from a common palette)
(3) Storefronts — Division of building
face into distinct storefronts with
separate entrances and display
windows
(4) Roof Lines — Varied roof lines with
alternating dormers, stepped roofs,
gables, or other roof elements to
reinforce the modulation or
articulation interval
(5) Articulation Interval — Placement of
arcades, awnings, window bays,
arched windows, or balconies at
intervals equal to the articulation
interval
C. Building Face
No blank walls shall be permitted to face the public street, sidewalk, or other public spaces, such
as plazas. Elements such as windows, doors, columns, changes in material, and similar details
should be used to add visual interest.
Buildings shall be designed with a base, middle, and a top, created by variations in detailing,
color, and material. Articulated tops shall be considered in the design of all new buildings. This
articulation may consist of pitched roofs, dormers, gable ends, or cornice detailing. The base of
the building shall include human scale elements, such as doors, windows, projections, awnings,
canopies, and ornamentation.
D. Door and Window Openings
In new commercial, mixed-use and civic buildings, window and door openings shall comprise at
least fifty (50) percent of the length of the main floor of the primary street fa�ade. Window
openings shall be located at a pedestrian sight level.
(1) Windows shall be designed with openings that create a strong rhythm of light and
shadow.
(2) Glass on windows and doors on the primary street fa�ade shall be clear or slightly tinted,
allowing views into and out of the building interior or, as an alternative, used as display
windows enclosed by walls inside the building. Where security needs warrant it, Spandrel
glass may be used in the primary street fa�ade windows subject to City approval in the
plan review process.
(3) Window shape, size and patterns shall emphasize the intended organization of the fa�ade
and the definition of the building.
E. Loading Docks
Outside loading docks shall be located in the rear or side yard and be screened from view from
any public right-of-way. The space needed for the loading dock must be adequate to handle the
loading and unloading needs of the building without obstructing the public right-of-way.
F. Building Materials
All buildings except single family shall primarily be constructed of high-quality materials such as
brick, stone, textured cast stone, EFIS, or tinted masonry units. The following materials are
generally not acceptable: Plain or painted concrete block, sheet metal panels, reflective glass, or
aluminum, vinyl, fiberglass, asphalt or fiberboard siding.
Parking structures shall be constructed with building materials that are architecturally compatible
withthe adjoining structure(s).
G. Refuse/Recycling Storage
Multi-tenant buildings shall share a common refuse/recycling storage area. Refuse/recycling
collection areas must be screened from view form any public right-of-way and are encouraged to
be enclosed inside a building.
205.33.09 Parking Requirements
A. Reduction of Parking
Reduction of the parking stall dimensions and number of parking stalls required in the underlying
zoning district may be allowed due to the nature of the proposed use or agreements in place with
surrounding businesses for shared parking.
(1) The number of required parking stalls may be reduced by no more than 50% of the
minimum required in the underlying zoning district for the proposed use.
(2) The maximum number of parking stalls shall not exceed 120% of the minimum
number of parking stalls required by the use in the underlying zoning district. This
maximum provision shall not apply to park-and-ride or other transit facilities.
(3) Off-street surface parking is not permitted between the front fa�ade and the primary
street. Parking may be located in the rear or side yard.
(4) Bicycle parking shall be provided as a component of all parking facilities as a ratio of
one bicycle space per 20 automobile spaces. Bicycle parking must be provided within
view of each business front entrance. Adjoining businesses may share common
bicycle parking areas.
B. Additional Parking
When the provisions for parking space required are inadequate, the City may require that
additional off-street parking be provided.
C. Drive-Through Service
Drive-through service designs are allowed and will not require a special use permit as underlying
zoning may require.
205.33.10 Landscape and Streetscape Requirements
Landscaping
A. Scope
A landscaping plan shall be submitted according to the requirements of the underlying zoning
district, except for as provided in Section 20533.10.B.L Mixed use projects must have a unified
landscaping scheme. The landscaping requirements in this Chapter will only apply to new
construction projects or projects where existing buildings are expanded to the reduced 15 foot
setback.
B. Plant Materials Substitutions
The landscaping requirements in the underlying zoning district shall apply to properties in the
TOD Overlay District with some exceptions.
1) TOD landscape plans for redevelopment of property located in the underlying Hyde
Park zoning district must follow the landscape requirements for the zoning district
that most closely represents the use proposed.
2) In the TOD Overlay District, one ornamental tree will count as one over-story
deciduous tree. In addition, ornamental trees may exceed 50 percent of the required
trees.
3) Due to the amount of hardscape needed for pedestrian walkways, if the level of open
space for planting restricts the ability to provide adequate growth space for tree roots,
shrubbery planting beds and flower beds may also be substituted for over-story trees
at a rate of 36 square feet per tree.
4) Decorative walkway light poles meeting the TOD design specified for the TOD
district may be substituted at a ratio of one light pole for two trees if the site design
warrants additional walkway lighting.
5) Street-side sculptures, large planters, hanging flower baskets, light pole banners,
clock towers, arbors, seating benches, or similar ornamentation may be considered as
substitution to meet landscaping requirements.
If it is not feasible to meet the landscaping requirements of the underlying zoning district with the
allowed substitutions above, the City may approve a monetary payment per fees established in
Chapter 11 into the TOD Capital Project Fund for the purpose of funding streetscape amenities
within the street rights of ways within the TOD overlay district.
C. Water
Drip irrigation systems are encouraged to reduce water consumption and to prevent wet
walkways. Alternative storm water treatments such as permeable pavers, porous asphalt,
vegetative roof areas and other innovative techniques to reduce storm water runoff are
encouraged.
Streetscapin g
A. Sidewalks
Sidewalks of a minimum five foot width
must be provided on all street frontages.
Sidewalk design detail will need to be
approved by the City in accordance to TOD
streetscape design on public right of ways
adjacent to the proposed development.
Paved connections, also a five foot
minimum width, to building entrances,
crosswalks, and adjacent bus stops must
also be incorporated into any site design. A
colorized pavement pattern connecting the
sidewalk on each side of the driveway shall
be incorporated into driveways, warning
drivers of the sidewalk connection on each
side of the driveway. Such connection shall be accessible.
B. Lighting
Lighting types, styles, and colors shall be coordinated with the overall design of City-installed
lighting in the TOD District. Pedestrian-oriented lighting is required on all streets, trails,
sidewalks, and public gathering places within the district. A lighting plan and fi�ture specification
schedule shall be included in the documents submitted to the City for approval.
C. Signs
Changeable electronic signs will not be allowed in the TOD District. Door and window awnings
are encouraged and will not count towards wall signage percentage allowed on a building face.
D. Fencing
Decorative fencing incorporated into landscape designs shall be of the same color, type, and style
used in the adjacent TOD streetscape or of similar design approved by the City.
E. Outdoor Dining
Outdoor dining areas may be incorporated into the front and side yard setbacks up to five feet
from the property line, leaving five feet for the sidewalk. The dining area shall be designed with
safety protections that reasonably attempt to prevent vehicles from accidentally encroaching into
the dining area. Store locations that serve alcohol must apply for a patio endorsement on their
liquor license, but relaxation of screening requirements may be considered by the City in the
TOD District.
F. Farmer's Market
Parking areas may be used for seasonal weekly open air markets to sell produce, crafts, and
flowers with a special use permit. The special use permit will supersede any underlying zoning
requirements for outdoor sale licenses. In order to qualify for the special use permit, the market
must not interfere with traffic patterns and adequate parking must be available for the other uses
on the site. There must also
be safe separation between
market users and vehicular
traffic. Sale equipment shall
meet all applicable building,
fire, and electrical codes, and
any requirements of the
Anoka County Health
Department and the
Minnesota Department of
Agriculture.
205.33.11 Maintenance
In addition to the maintenance requirements of the underlying zoning district, property owners in the
TOD district are required to maintain the landscape and streetscape abutting their property. This includes
the removal of debris and snow on trails and walkways and at bus stops and the irrigation of planters on
their own private property and those in the public right-of-way adjoining the properiy. Further details of
the maintenance requirements shall be addressed in a development agreement approved by the City.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF 2011.
SCOTT J. LUND, MAYOR
ATTEST:
DEBRA A. SKOGEN, CITY CLERK
Public Hearing:
First Reading:
Second Reading:
Published:
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FRIDLEY
Date:
To:
From:
Subj ect:
AGENDA ITEM
CITY COUNCIL MEETING OF FEBRUARY 7, 2011
February 2, 2011
William Burns, City Manager
Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Public Hearing for Te�t Amendment TA #11-02, Master Plan S-2 Zoning Code
Background
During the last review of land use fees, Planning staff made note that while the City has always charged a
fee for S-2 Redevelopment or S-2 Master Plan Amendments since the creation of this zoning district, the
plan submission language in Section 205.24.5 of the Fridley Zoning Code does not refer to a fee being
charged. Since many developers now study city codes online before drafting a preliminary plan, staff
feels that mention of the fee should be clearly stated in the code.
In addition to the attached proposed text amendment language, staff plans to bring a text amendment to
Chapter 11, Fees, to the City Council on February 14, 2011, to include the current $1,500 application fee
for this land use action. Such code changes do not require a public hearing before the Planning
Commission.
Additionally, when staff was preparing the language for the proposed TOD overlay code, it was noted that
the wording in the S-2 code regarding Fridley Housing and Redevelopment Authority review needed to
be updated. Now that State Statute requires cities to act on land use applications within 60 days, the
process described in code is not feasible to attain in 60 days since the HRA and the Planning Commission
only meet monthly. Staff concluded that the original intent of the language was to provide the HRA an
opportunity to comment since some redevelopment proposals could be located within tax increment
districts. The same language was inserted in the TOD plan review process section since the HRA owns
the land where the east side of the train station is located. The new proposed wording will still require the
HRA to comment, but only by the time the proposal reaches the City Council level of review.
Staff has not received any public inquiries regarding this proposed text amendment to date.
Planning Commission Recommendation
The Planning Commission held a public hearing on text amendment TA # 11-02 at their January 19
meeting. No one from the public appeared to testify on the matter. The Commission passed a motion to
forward the text amendment as written to Council with unanimous approval.
Staff Recommendation
Staff recommends that the City Council hold a second public hearing at your February 7 meeting
regarding text amendment TA #11-02 as advertised in the public hearing notice.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 205.24 OF THE FRIDLEY ZONING CODE
PERTAINING TO S-2 REDEVELOPMENT DISTRICT REGULATIONS
The City Council of the City of Fridley hereby finds, after review, examination and
recommendation of staff, that Section 205.24.5 of the Fridley Zoning Code be hereby amended
as follows:
5. PROCESS FOR APPROVAL
A. Plans for each individual proj ect or combination of proj ects must be submitted, upon
pavment of anv required fee as provided in Chapter 11 herein, to the Planning
Commission for review and recommendation to the City Council. The City Council shall
have final authority to approve all project plans.
B. Project plans submitted to the Planning Commission and City Council shall include the
following minimum criteria:
(1) Site plans showing the location of buildings, off-street parking, street and utility
locations, auto and pedestrian access to and from the project, any modification to
existing services, grading plans, storm water plans, building exterior finish, lighting
and signing and landscape plans.
(2) Written City staff review on proj ect compatibility to the overall redevelopment plan.
(3) �� Review and recommendation to the Citv Council from the Fridley Housing
and Redevelopment Authority (HRA)
;,ao .,�;
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF 2011.
SCOTT J. LUND, MAYOR
ATTEST:
DEBRA A. SKOGEN, CITY CLERK
�
�
CffY OF
FRIDLEI'
TO
FROM
DATE
AGENDA ITEM
CITY COUNCIL MEETING OF FEBRUARY 7, 2011
William W. Burns, City Manager
James Kosluchar, Public Works Director
February 7, 2011
PW11-016
SUBJECT: Resolutions Requesting the Coon Creek Watershed District and Mississippi
Watershed Management Organization Expand their Boundaries to Include
Portions of the City of Fridley Currently in the Six Cities Watershed
Management Organization
At its January 24 executive meeting, the City Council discussed the current status of the Six Cities
Watershed Management Organization (SCWMO). The Blaine and Coon Rapids City Councils have
taken action to formally withdraw from the SCWMO and join the Coon Creek Watershed District.
The Fridley City Council discussed the merits of either remaining in the SCWMO or requesting
action to join an adjacent watershed district or districts. Alternative options and their benefits were
discussed. The City Council requested that action be brought forward to request that the portion of
the City of Fridley currently in the SCWMO north of the Rice Creek Watershed District (RCWD) be
included in the Coon Creek Watershed District (CCWD), and that the portion of the City of Fridley
currently in the SCWMO south of the RCWD be included in the Mississippi Watershed Management
Organization (MWMO).
During the past several months staff and Council have been discussing the status of the Six Cities
WMO and whether or not to remain part of the Six Cities WMO or move towards member ship in
other existing watershed agencies.
In 1983 the City of Fridleyjoined the cities of Blaine, Columbia Heights, Coon Rapids, Hilltop, and
Spring Lake Park for the purposes of organizing a Watershed Management Organization (WMO) to
be known as the Six Cities Watershed Management Organization (SCWMO). The purpose was to
manage water quantity and quality issues. In recent years the regulations governing WMOs have
changed requiring a higher level of management to remain compliant with current water quality
rules. The Joint Powers Agreement (JPA) establishing the SCWMO was updated in 1994 to
conform to regulatory requirements.
These changes have resulted in increased financial obligations for the operation of the SCWMO
and its related projects. The SCWMO has been drafting a plan to comply with the required higher
levels of compliance, and in doing so, realizes that 1) substantial funding is necessary to operate at
this level and to provide the required level of service to Fridley residents, 2) the SCWMO will have
to provide staffing in order to meet these requirements, and 3) the administration of the SCWMO
will require a large amount of reorganization to provide the necessary direction to meet these
requirements. The SCWMO currently does not have legislative authority to levy to provide funding
for operating the SCWMO, and while this was investigated, it was determined that obtaining this
legislative authority is not feasible at this time.
On October 7, 2010, SCWMO staff received a letter from the Board of Water and Soil Resources
(BWSR), who are a state agency regulating watershed districts and watershed management
organizations. The letter was in response to a September 14, 2010 workshop which discussed the
disposition ofthe SCWMO. The letterwas from Jim Haertel, BWSR Metro Region Supervisor. In his
letter Mr. Haertel notes the three options available for the Six Cities Board to consider. These
include 1) Continue operating as a JPA WMO with five or fewer cities, 2) Continue operating as a
JPA WMO only if special levy legislation is attained, 3) Dissolve the JPA and discontinuing the
SCWMO completely and joining adjacent watershed agencies.
Along with his letter he has provided a report card reviewing the SCWMO's compliance with
Minnesota Storm Water Rules. As can be seen during the past 10 years there are several areas of
concern expressed by BWSR. These are principally in the areas of annual activity and audit reports.
In addition, Mr Haertel gives the SCWMO a performance review for compliance with Minnesota
Statutes pertaining to storm water management. In summary it appears that BWSR feels strongly
that SCWMO has not met the expectations for storm water management practices and performance
standards. It is clear that BWSR will expect a much higher level of performance in these areas in
the future should we elect to remain as a Joint Powers Agreement WMO. In addition to Mr.
Haertel's letter and the BWSR assessment of the SCWMO, we have attached some comparison
information showing comparisons between a formal watershed district and a watershed
management organization in the areas of governance issues and fiscal authority.
As the City Council discussed the issue at its budget workshop sessions on April 19 and October
18, 2010 the financial obligations to this planned higher level of service, staff requirements, and
required change in structure would be difficult to support through currently available resources. In
addition, changes in requirements for representation will make transition into a higher service level
difficult over the coming years. The City Council directed that staff review alternatives to continued
membership in the SCWMO. Staff reviewed options and held meetings with the three adjacent
watershed organizations. These meetings included staff from the four SCWMO member cities that
would be affected by a change that Fridley would make.
On January 24, 2011, staff provided an update to the membership status of the Cities of Blaine and
Coon Rapids, and presented alternatives for discontinuation of its membership in the SCWMO. The
City Council directed staff to initiate legislation that would incorporate the portion of the City of
Fridley currently in the SCWMO lying north of the RCWD into the CCWD, and the portion of the City
of Fridley currently in the SCWMO lying south of the RCWD into the MWMO.
A table is attached showing the proposed levy for various value homes comparing CCWD, MWMO,
RCWD levies with the SCWMO based on the current budget and draft 10-year Capital I mprovement
Plan. Note that this SCWMO plan has not yet been approved, and would likely increase as a result
of any further plan changes to satisfy regulatory requirements. While the budgetary impact to the
City itself would be positive in that capital project costs that are funded by certain agencies would
reduce costs to Fridley's stormwater utility, properties proposed to be within the respective
organizations will have a levy imposed by these organizations, similar to that which properties in the
RCWD currently have. The City of Coon Rapids developed a similar analysis with projections that
the SCWMO costs would be nearly equivalent to CCWD costs by 2015.
The attached resolutions provide requests to the CCWD and MWMO to move these areas of the
SCWMO under their agencies. Upon each the respective board approval of the request they will
then petition the Board of Water and Soil Resources to approve a change in their boundaries. In
addition, the MWMO is requested to amend its JPA for the purposes of inclusion of the respective
portion of the City of Fridley. Upon their approval, a JPA will be presented for the City Council's
approval.
The Cities of Blaine and Coon Rapids have taken similar action. The JPA for the SCWMO must
also be amended or dissolved as other cities decide on their possible ongoing participation in this
organization. The Cities of Columbia Heights, Hilltop, and Spring Lake Park are awaiting a decision
from Fridley. Their respective staff inembers have indicated that they would like to maintain a
smaller-sized SCWMO. All three of these Cities have indicated their preference in the event of
dissolution of the SCWMO, that they join CCWD or MWMO.
Staff believes these organizations will provide added level of service, opportunity, and
improvements that the SCWMO would be unable to provide in managing water quantity and quality
issues. Each agency has existing staff, program and project budgets, and improved access to
outside funding to serve member communities.
Staff recommends Council approve the attached resolution requesting the Coon Creek
Watershed District expands its boundaries to include a portion of the City of Fridley currently in the
Six Cities WMO lying north of the Rice Creek Watershed District.
Staff recommends Council approve the attached resolution requesting the Mississippi Watershed
Management Organization expands its boundaries to include a portion of the City of Fridley
currently in the Six Cities WMO lying south of the Rice Creek Watershed District.
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Cost Comparison
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Notes: 2011 figures are based on proposed levy information
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RESOLUTION NO. 2011 -
REQUESTING THE COON CREEK WATERSHED DISTRICT TO EXPAND
ITS BOUNDARIES TO INCLUDE A PORTION OF THE CITY OF FRIDLEY
CURRENTLY IN THE SIX CITIES WATER MANAGEMENT ORGANIZATION
WHEREAS on December 5, 1983, the Fridley City Council enacted Resolution No. 118-1983 authorizing
execution of a Joint Powers Agreement with the cities of Blaine, Columbia Heights, Coon Rapids,
Hilltop, and Spring Lake Park for the purpose of organizing a watershed management organization to be
known as the Six Cities Watershed Management Organization, and
WHEREAS on July 11, 1994, the Fridley City Council authorized execution of a Restated Joint Powers
Agreement that revised the original Joint Powers Agreement to bring it into compliance with statutory
changes, and
WHEREAS the City of Fridley is considering the possibility of withdrawing from the Six Cities
Watershed Management Organization (SCWMO) and requesting an existing watershed district to expand
its boundaries to include certain property within the City of Fridley legally described within the SCWMO
and lying north of the boundaries of the Rice Creek Watershed District and shown on the attached map,
and
WHEREAS opportunities and benefits are available within an existing watershed district that are
currently not available within the SCWMO,
NOW, THEREFORE, BE IT RESOLVED that the City of Fridley, Anoka County, Minnesota, hereby
requests the Coon Creek Watershed District to expand its boundaries to include the northern portion of
the City of Fridley currently within the SCWMO and lying north of the boundaries of the Rice Creek
Watershed District as described above. It is understood that this request is contingent upon the withdrawal
of the City of Fridley from the SCWMO, and
BE IT FURTHER RESOLVED that after approval of the managers of the Coon Creek Watershed District
to expand its boundaries to include the above described property within the City of Fridley, that the City
Council of the City of Fridley requests the Coon Creek Watershed District to petition the Board of Water
and Soil Resources (BWSR) to approve a change in the boundaries of the Coon Creek Watershed District
to include the area currently within the SCWMO and lying north of the boundaries of the Rice Creek
Watershed District in the Coon Creek Watershed District.
PASSSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 7t'' DAY of
FEBRUARY, 2011.
ATTESTED
DEBRA A. SKOGEN - CITY CLERK
SCOTT J. LUND - MAYOR
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RESOLUTION NO. 2011 -
REQUESTING THE MISSISSIPPI WATERSHED MANAGEMENT ORGANIZATION
TO CONSIDER AMENDING ITS JOINT POWERS AGREEMENT TO INCLUDE
MEMBERSHIP OF THE CITY OF FRIDLEY AND EXPAND ITS BOUNDARIES
TO INCLUDE A PORTION OF THE CITY OF FRIDLEY
CURRENTLY IN THE SIX CITIES WATER MANAGEMENT ORGANIZATION
WHEREAS on December 5, 1983, the Fridley City Council enacted Resolution No. 118-1983 authorizing
execution of a Joint Powers Agreement with the cities of Blaine, Columbia Heights, Coon Rapids,
Hilltop, and Spring Lake Park for the purpose of organizing a watershed management organization to be
known as the Six Cities Watershed Management Organization, and
WHEREAS on July 11, 1994, the Fridley City Council authorized execution of a Restated Joint Powers
Agreement that revised the original Joint Powers Agreement to bring it into compliance with statutory
changes, and
WHEREAS the City of Fridley is considering the possibility of withdrawing from the Six Cities
Watershed Management Organization (SCWMO) and requesting an existing watershed management
organization to expand its boundaries to include certain property within the City of Fridley legally
described within the SCWMO and lying south of the boundaries of the Rice Creek Watershed District and
shown on the attached map, and
WHEREAS opportunities and benefits are available within an existing watershed management
organization that are currently not available within the SCWMO,
NOW, THEREFORE, BE IT RESOLVED that the City of Fridley, Anoka County, Minnesota, hereby
requests the Mississippi Watershed Management Organization amend its existing Joint Powers
Agreement to include the City of Fridley as a member with representation, and further requests the
Mississippi Watershed Management Organization expand its boundaries to include the southern portion
of the City of Fridley currently within the SCWMO and lying south of the boundaries of the Rice Creek
Watershed District as described above. It is understood that this request is contingent upon the withdrawal
of the City of Fridley from the SCWMO, and
BE IT FURTHER RESOLVED that after approval of the board of the Mississippi Watershed
Management Organization to expand its boundaries to include the above described property within the
City of Fridley, that the City Council of the City of Fridley requests the Mississippi Watershed
Management Organization to petition the Board of Water and Soil Resources (BWSR) to approve a
change in the boundaries of the Mississippi Watershed Management Organization to include the area
currently within the SCWMO and lying south of the boundaries of the Rice Creek Watershed District in
the Mississippi Watershed Management Organization.
PASSSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 7t'' DAY of
FEBRUARY, 2011.
ATTESTED
DEBRA A. SKOGEN - CITY CLERK
SCOTT J. LUND - MAYOR
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INFORMAL STATUS REPORTS