04/28/2008 - 6158�
�`` CITY COUNCIL MEETING OF APRIL 28, 2008
CfTY OF
FRIDLEY
The City of Fridley will not discriminate against or harass anyone in the admission or access
to, or treatment, or employment in its services, programs, or activities because of race,
color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or
status with regard to public assistance. Upon request, accommodation will be provided to
allow individuals with disabilities to participate in any of Fridley's services, programs, and
activities. Hearing impaired persons who need an interpreter or other persons with
disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 at
least one week in advance. (TTDR63-572-3534)
PLEDGE OF ALLEGIANCE.
PROCLAMATION:
Poppy Days — May 16 and 17, 2008
CONTINUATION OF LOCAL BOARD OF APPEAL AND EQUAL/ZATION — 7:00 P.M.
C/TY COUNCIL MEETING
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
Board of Appeal and Equalization Meeting of April 14, 2008
City Council Meeting of Aprit 14, 2008
OLD BUSINESS:
Second Reading of an Ordinance Amending
the Fridley City Code, Chapters 11 and 102,
Allowing Storage Fees for Seized Motor
Vehicles.................................................................................................. 1 - 3
FRIDLEY CITY COUNCIL MEETING OF APRIL 28. 2008 PAGE 2
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS:
2. Receive the Minutes of the Planning Commission
Meeting of April 2, 2008 ............................................................................. 4- 8
3. Special Use Permit Request, SP #08-06, by
Joe Papa, on Behalf of Hitching Post -
Motorsports, to Allow a Repair Garage
(Service Use) for the Motorcycles and
Recreational Vehicles that are Sold as Part �
of the Business, Generally Located at
7651 Highway 65 N.E. (Ward 2) ........................:....................................... 9- 12
4. Resolution Providing for the Sale of $1,915,000
General Obligation Improvement Bonds,
Series2008A ............................................................................................. 13 - 14
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5. Resolution Providing for the Sale of $3,365,000
General Obligation Water Revenue Bonds,
Series2008B ............................................................................................. 15 - 16
6. Resolution in Support of a Renewal Application
for a Minnesota Lawful Gambling Premise
Permit for Blaine Jaycees at Fridley Crab
House Music Cafe Located at 6161
Highway65 N.E. (Ward 2) .........................................................:............... 17 - 18
7. Claims (136386 — 136537) ......................................................................... 19
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8. Licenses .................................................................................................. 20 - 22
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FRIDLEY CITY COUNCIL MEETING OF APRIL 28. 2008 PAGE 3
ADOPTION OF AGENDA.
OPEN FORUM tVISITORS): Consideration of items not on Agenda — 15 Minutes
PUBLIC HEARING:
9. Consideration of an Ordinance Under
Section 12.06 of the City Charter Declaring
- Certain Real Estate to be Surplus and
Authorizing the Sale Thereof, Generally
Located on Springbrook Creek near the
Intersection of Broad Avenue and 79th Way ................................................. 23 - 24
OLD BUSINESS:
10. Second Reading of an Ordinance Amending
Chapters 205.07, 205.08, 205.09, and 205.23
of the Fridley City Code Pertaining to
Housing Maintenance (Text Amendment,
- TA #08-01)
_ and
Adopt Official Title and Summary Ordinance ............................................. 25 - 33
NEW BUSINESS:
11. Informal Status Reports ................................................................................ 34
ADJOURN.
_
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CITY OF FRIDLEY
�/� !
.%..�,/�.�...%,�I
POPPYDAYS
May sb f� s7, �008
WHEREAS, the annual sale of Buddy Poppies by the Yeterans of Foreign Wars of the United States has
been o�cially recognized and endorsed by governmental leaders since 1922; and,
WHEREAS, VFYV Buddy �'oppies are assembled by disabled veterans, and the proceeds of this worthy
fund-raising campaign are used exclusively to benefzt veterans in need, disabled veterans, and the widows
and orphans of deceased veterans; and,
WHEREAS, the basic purpose of the annual sale of Buddy Poppies by the Yeterans of Foreign Wars is
eloquently reflected in the desire to `Honor the Dead by Helping the Living; "
NOW, THEREFORE, BE IT RESOLVED that I, Scott J. Lund, Mayor of the City of Fridley, do hereby
proclaim May 16 and 17, 2008, as
POPPYDAYS
in the City of Fridley, Minnesota, and urge the residents of Fridley to recognize the merits of this cause
by contributing generously to its support by purchasing Buddy Poppies.
I urge all citizens to wear a Poppy as evidence of our gratitude to the men and women of this country who
risk their lives and have risked their lives in defense of the freedoms we continue to enjoy as American
citizens.
IN WITNESS WHEREOF, I have set my hand and
caused the seal of the City of Fridley to be a�xed this
28th day ofApril, 2008.
Scott J. Lund
Mayor
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BOARD OF APPEAL AND EQUALIZATION
CITY OF FRIDLEY
APRIL 14, 2008
The Board of Appeal and Equalization meeting for the City of Fridley was called to order by
Mayor Lund at 7:04 p.m.
PLEDGE OF ALLEGIANCE:
- Mayor Lund led the Council and audience in the Pledge of Allegiance .to the flag.
_ ROLL CALL:
MEMBERS PRESENT: Mayor Lund
Councilmember-at-Large Barnette
Councilmember Saeflce
Councilmember Varichak
Councilmember Bolkcom
OTHERS PRESENT: William Burns, City Manager
Fritz Knaak, City Attorney
Richard Pribyl, Finance Director
Mary Smith, City Assessor
Lynn Krachmer, City Appraiser
Mike Sutherland, County Assessor
Mary Smith, City Assessor, stated if the Board finds a case of undervaluation, it may raise the
valuation of the property but it must first notify the owner. The Board must complete and
` adjourn within 20 days from the time it convenes. The procedures for the Fridley Board of
� Appeal and Equalization will be to hear the property owners' appeals and make a decision based
on information provided by the appellant and the assessor. If no information is provided, the
Board may direct staff to reappraise the property and report to the Board at a reconvened
meeting. Written appeals will be read once the property owners who are present have completed
their appeal. Once read, the Fridley Board may confirm the 2008 estimated market value
allowing the property owner to take the appeal to the County Board.
Ms. Smith said the 2007 reassessment consisted of viewing approximately 1,600 homes. These
properties were located in the southwest section of the City. Each of these properties was
initially visited. If the property owner was not at home, a tag was left asking the property owner
to schedule an appointment. If there was no response, values were estimated assuming some
improvements had been made since the last reassessment. In order for these property owners to
appeal their value, they will need to have the City physically review their homes.
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BOARD OF APPEAL AND EQUALIZATION MEETING OF APRIL 14, 2008 PAGE 2
Ms. Smith stated there were 253 residential sales that occurred in Fridley from October 1, 2006,
through September 30, 2007. Of this number 238 were single-family homes, townhomes, and
double bungalows along with 15 condominium sales. The sales used for the sales ratio study
occurred from October 1, 2006, through September 30, 2007. These dates aze determined hy the
State. The sales indicated that two neighborhood land zones required lowering to bring the
assessment within the county assessor's recommended ratio of 94-95 percent. State ratio
requirement is 90-105 percent. All other land zones remained the same. Countywide, the
stxucture rates remained the same. Therefore, in the calculation of the estimated market values
with added depreciation, most values decreased. This created an overall decrease in residential
value of 2.65 percent.
Ms. Smith stated a study of commercial industrial sa.les indicated that our sales ratio was within
the recommended range by the State. Increases were minimal depending on the building type.
Land values were also reviewed and adjusted if needed. .This created an overall increase in value
of 6 percent.
Ms. Smith stated within the State sales study period there were six ann-length sales of apartment
buildings in Fridley. As a result of these sales and 'sales within Anoka County, decreases were
made to the rates resulting in an overall decrease in apartment value.
Ms. Smith called Patrick Delaney.
Mayor Lund asked if they have had a chance to talk with the people who will be coming
forward.
Ms. Smith replied, no, they just came in tonight.
Patrick Delaney, 6250 Riverview Terrace, stated their taxes went up about $500 last year and
axe supposed to go up $600 more this year. The house just north sold for $450,000 three years
ago because it was on the river and two different parties wanted it. Also, because the owner who
was an architect completely gutted both his lower level and upper level, redid the house, and
made it worth $450,000. At the time it was commonly recognized that it was oversold by about
$50,000. Right now their taxes are more than the t�es for that house and a reputable realtor has
estimated the value of their home at $325,000. The City has them assessed at $350,000. He
does not know why with the value of houses going down, that their taxes have gone up over
$1,000 the last two years.
Mayor Lund asked if this was a property on the river.
Mr. Delaney replied, yes.
Councilmember Bolkcom asked Mr. Delaney to confirm what he said his assessed value was.
Mr. Delaney replied, $353,000.
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BOARD OF APPEAL AND EQUALIZATION MEETING OF APRIL 14, 2008 PAGE 3
Councilmember Bolkcom asked if he had an appraisal done or if a realtor just looked at the
property.
Mr. Delaney replied, they had an estimate for $325,000. The realtor sells property in that area
all the time. They bought their house from him, and he is reputable.
Mayor Lund stated he thought the appropriate thing to do is to allow our assessing office to
review this particular case.
Julie Delaney stated they do have the taxes on the houses that are down the street from them as
well.
_ Mayor Lund stated there may be a lot more differences and the assessors may be more readily
able to determine those and differentiate between their house and somebody else's. Unless
anyone on the Council objects, he is going to ask those who came tonight to give staff an
opportunity to review their case. They are going to continue their case until the next Council
meeting. As they heard in the presentation, they do have to start this tonight. They have 20 days
to complete their activities. If the residents are not ultimately satisfied, it goes to the County.
MOTION by Councilmember Bolkcom to continue the case for the property at 6250 Riverview
Terrace to April 28, 2008, to give sta.ff an opportunity to review this information. Seconded by
Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
_ Ms. Smith called Mary Anderson of Anderson's New Carpet Design.
Mary Anderson, Anderson's New Carpet Design, 7300 University Avenue (Showroom);
and 7685 Main Street N.E. (Warehouse), said she is looking for an extension so they can put
materials together and come up with a fair market value.
Ms. Smith asked if it was for both properties.
Ms. Anderson replied, yes. The tax basis is the same for both and the showroom is smaller than
the warehouse.
MOTION by Councilmember Bolkcom to continue the case for the property located at 7300
University Avenue and 7685 Main Street N.E. to Apri128, 2008.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Councilmember Bolkcom asked Mayor Lund if they had to come back if an agreement was
� worked out.
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BOARD OF APPEAL AND EQUALIZATION MEETING OF APRIL 14, 2008 PAGE 4
Mayor Lund explained if they are satisfied they are not going to show up. In that case, they will
still have a brief discussion and make sure their interest is heard and they are okay with it.
Councilmember Bolkcom asked about the three cases that were sent to them.
Ms. Smith stated Council can disregard those cases. They are not going to be addressed. If they
are not present tonight, they do not address them.
Councilmember Bolkcom asked if they knew they should attend tonight.
Ms. Smith said they did.
Councilmember Bolkcom asked, what would happen if they came to the next meeting
Ms. Smith said they cannot be heard.
Councilmember Bolkcom asked how they were notified.
Mrs. Smith said the property owners called staff and were informed of this meeting. They said
they would be coming. One owner had three difFerent properties, so they were all aware of it.
However, if they do not show up in person or at least send a letter, they cannot hear their case.
Mayor Lund stated they cannot hear any new cases at the next meeting either.
Mrs. Smith replied, correct.
Tom Budnick, 601 Ironton Street, said he thinks his taxes are high and he has done nothing to
his home. For the last four years, his taxes have gone up almost $200 a year. It is hard when
you are on limited income. The only thing else he has left to do is sell. He would like someone
to go through his home when he is there.
Mayor Lund stated the best evidence is to have an official appraisal and it does cost money.
Councilmernber Bolkcom asked Mr. Budnick if he was in the school district that just had a
huge levy, and if part of his tax statement related to the tax levy. She said he should check on
that.
Mayor Lund stated to make sure to look at the other taxes on the statement from the school
district, the county, and other levying jurisdictions. You can look line item to line item, year to
yeax. There may be a number of other factors.
MOTION by Councilmember Bolkcom to continue the case for the property located at 601
Ironton Street to Apri128, 2008. Seconded by Councilmember Saeflce.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
BOARD OF APPEAL AND EQUALIZATION MEETING OF APRIL 14, 2008 PAGE 5
MOTION by Councilmember Bolkcom to continue the Board of Appeal and Equalization
Meeting to Apri128, 2008. Seconded by Councilmember Saeflce.
UPON A VOICE VOTE, ,ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Respectfully submitted by,
- Denise M. Johnson Scott J. Lund
Recording Secretary Mayor
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CITY COUNCIL MEETING
CITY OF FRIDLEY
APRIL 14, 2008
The City Council meeting for the City of Fridley was called to order by Mayor Lund.
ROLL CALL:
MEMBERS PRESENT: Mayor Lund
- Councilmember-at-Large Barnette
Councilmember Saeflce
_ Councilmember Varichak
Councilmember Bolkcom
OTI3ERS PRESENT: William Burns, City Manager
Fritz Knaak, City Attorney
Scott Hickok, Community Development Director
Don Abbott, Director of Public Safety
PRESENTATION: Summer ROCKS Program
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
- City Council Meeting of March 24, 2008.
Special City Council Meeting of Apri13, 2008.
APPROVED.
NEW BUSINESS:
1. Receive the Minutes of the Planning Commission Meeting of March 19, 2008.
RECEIVED.
2. First Reading of an Ordinance Amending the Fridley City Code, Chapters 11 and
102, Allowing Storage Fees for Seized Motor Vehicles.
William Burns, City Manager, stated the Police Department has been seizing vehicles under
circumstances where they arrest drivers under the influence of alcohol, those who have fled the
police, and those who are charged with substance abuse crimes. Between 50 to 75 vehicles a
year are seized under these circumstances and stored at the City garage. Since there is
considerable staff time involved in handling these vehicles, staff is suggesting that Council
approve legislation that would allow them to charge a storage fee to the uninvolved owners of
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FRIDLEY CITY COUNCIL MEETING OF APRIL 14, 2008 PAGE 2
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vehicles. These uninvolved owners axe individuals who own the vehicle but were not involved
in the use of the vehicle for criminal behavior. These owners are often parents, friends, other
relatives, banks, or finance companies. They are proposing a$10 per day fee, not to exceed
$500 or 50 percent of the book value of the vehicle. Staff recommends Council's approval.
WAIVED THE READING OF THE ORDINANCE AND ADOPTED THE ORDINANCE
ON FIRST READING.
3. Receive Bids and Award Contract for the 2008 Miscellaneous Concrete Repair
Project No. 375.
William Burns, City Manager, said the bids were opened on April 3. The low bid was
submitted by Standard Sidewalk, Inc. in Blaine in the amount of $44,465. Since the low bid was
well within our budget for 2008 and was submitted by a contractor with whom we have had a "
favorable experience, staff recommends that the bid be awarded to'the low bidder in the amount
of $44,465. .
RECEVIED THE BIDS AND AWARDED THE CONTRACT TO STANDARD
SIDEWALK IN THE AMOiTNT OF $44,465.
4. Receive Bids and Award Contract for the 2008 Sanitary Sewer Lining Project No.
376.
William Burns, City Manager, said they opened bids from three bidders on April 9. The low
bid was from Lametti & Sons from Hugo, Minnesota, in the amount of $70,275. Since this
amount is within budget and the overall estimate as well is made by a person with whom we
have had a favorable experience with, staff recommends the contract be awarded to the low
bidder in the amount of $70,275. �
RECEVIED THE BIDS AND AWARDED THE CONTRACT TO LAMETTI & SONS IN -
THE AMOUNT OF $70,275.
5. Approve 2008 Advocacy Agreement between the City of Fridley and Alexandra
House.
William Burns, City Manager, stated this agreement provides that the City pay Alexandra
House $21,000 as a partial offset for the cost of their services to Fridley residents and to the
Fridley Police Department. These services include provision of an advocate to assist battered
women and their families. These services include criminal and civil court advocacy, crisis
intervention, general advocacy, referral, and education. Staff recommends Council's approval.
APPROVED.
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FRIDLEY CITY COUNCIL MEETING OF APRIL 14, 2008_ PAGE 3
6. Award 2008-2009 Liquor License Renewals.
William Burns, City Manager, stated the list includes 10 intoxicating liquor license
establishments and three clubs. All of these establishments have provided the necessary bonds
and CPA statements attesting to their food to liquor ratios. They have also conducted a police
review of these establishments. All but one of the establishments met the required ratios. The
one exception, the Two Stooges Bar & Grill, came within .6 percent of ineeting this ratio. They
were at 39.4 percent rather than the 40 percent that is required. They have submitted a plan for
improvement of their food sales to the Finance Department and have indicated a willingness to
report back periodically on their success in accomplishing their objective. While the Police
Department has some concerns of the failure of Baggan's Pub to pass their alcohol and tobacco
compliance checks regarding sales to minors, they are satisfied at this time that there are no law
enforcement reasons to deny any of these licenses. In light of these reviews, staff recommends
Council's approval of the 2008 liquor license renewals.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
7. Claims (136138-136383).
APPROVED.
8. Licenses
APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE.
APPROVAL OF PROPOSED CONSENT AGENDA:
Councilmember Bolkcom asked that Item No. 6 be removed.
MOTION by Councilmember Barnette to approve the consent agenda as presented with the
removal of Item No. 6. Seconded by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
ADOPTION OF THE AGENDA:
MOTION by Councilmember Bolkcom to approve the agenda with the addition of Item No. 6
from the consent agenda. Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
FRIDLEY CITY COUNCIL MEETING OF APRIL 14, 2008 PAGE 4
C�J7��i��]�i��
Roger Avery, 600 Glencoe Street, stated suminer is coming and a lot of people want the
windows open and he wanted to know what is the game plan to keep some of the noise down.
Mayor Lund asked if he was referring to the item they spoke about earlier.
Mr. Avery replied, yes he is.
Mayor Lund stated he spoke with the Chief of Police and has also forwarded the complaint to
the City's Code Enforcement staff.
NEW BUSINESS:
6. Award 2008-2009 Liquor License Renewals.
Councilmember Bolkcom stated in Dr. Burns' presentation he mentioned that Two Stooges has
presented new plans to meet their liquor and food ratios and also their tobacco. When she looks
over all these liquor licenses she is just incredibly disappointed that not just them but other
establishments have failed a liquor or tobacco compliance. She understands how it cannot be
held liable for that as far as renewing their liquor license, but she asked what was going to be
done so this does not happen. She knows the City has fines and there is some training. She
asked when Two Stooges would be checking in.
Greg Asproth, Two Stooges Bax, stated they have a reason for the glitch in their business. They
had a chef working for them for eight years; he quit, and they hired a new che£ During his
learning process, he was not as good as they expected. As of September 15 they hired a new
chef who has been fantastic, and food sales have been going up quite steadily. Just going from
2006 to 2007, they increased their food sales by $104,000. He thinks a big part of that was near
the end of the year. His goal is to try and increase that by another $75,000 to $100,000 this year.
Their chef is just getting warmed up. They have more experienced management. He just hired a
new manager, and he also needs to hire another manager to help them with this and keep their
focus on the food. Sometimes the business is such a big place that managers have lost their
focus on getting a menu out to everybody when they come in. That is one of their focuses is
getting the word out about their food. The manager he just hired is very seasoned in the
restaurant business. Their new menu will be out in June and will be the best one they ha�e had
so far. They will be coming to the City to talk about an electronic sign out front which he thinks
will help to announce that they axe a restaurant. The exterior of the building does not match the
interior as well as they would like it to. Their website should be finished very soon a1so. This
will help them with their parties and banquets. They have a lot of companies they do business
with. They are currently marketing to businesses around them. They are also going to have
breakfast on their menu. Catering is one of the other things they have been talking about as well
as an aggressive schedule to get the menu and website done. He wants to also include marketing
of more of the catering. They are constantly promoting the restaurant with coupons, flyers, and
discounts. They have 50 to 60 employees at different times of the year and they are spreading
the word and they are putting a big focus on talking about the new things going on. They hope
FRIDLEY CITY COUNCIL MEETING OF APRIL 14, 2008 PAGE 5
never to have to come back here again. He does not want to ever be close to these numbers. He
knows they are growing a lot right now, and he thinks they will continue. April 8 was their 20�'
yeax.
Mr. Asproth stated with respect to the tobacco issues, as a business, he cannot stand the thought
of anybody selling anything to a minor. It just so happened a girl on her second day, 18 years
old did that. She thought she was going to get fired; but they used it as a very good training
purpose. The fine is more money than they make in a year selling cigarettes.
Councilmember Bolkcom asked Mr. Asproth if it seemed reasonable for him to check in with
Mr. Pribyl's department in six months with his food to liquor ratio.
Mr. Asproth replied, absolutely, and asked if that would be three months from now then at the
six-month point for the year.
Councilmember Bolkcom said that would be six months from now so in October. She asked if
they can tie the liquor and tobacco non-compliance to the liquor license itself?
Don Abbott, Director of Public Safety, said they can. They have it set up in ordinance that they
follow an administrative process against both the employees and the license holder by City Code.
There are monetary fines that escalate with each successive violation. They are able to come
back and take license action if Council was so inclined to do that after a third violation.
Councilmember Bolkcom asked if any of these establishments are on their third violation.
Chief Abbott replied within a calendar year, no. They do three compliance checks in a year, and
they can put in extra ones when they need to. They have done that in the past and will do it
again. Baggan's Pub has failed two tobacco compliances. So that would be the closest one.
They do definitely keep track of that, and it is specified by ordinance. The City can take action
against the tobacco license irrespective of the alcohol license at any time.
MOTION by Councilmember Bolkcom to approve the 2008-2009 Liquor License Renewals.
Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
PUBLIC HEARING:
9. Consideration of a Text Amendment, TA #OS-Ol, to Modify the R-1, R-2, R-3, and
S-1, Residential Zoning Districts, to Further Define the Level of Housing
Maintenance Required of all Residential Property Owners in those Districts.
MOTION by Councilmember Bolkcom to open the public hearing. Seconded by
Councilmember Saeflce.
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FRIDLEY CITY COUNCIL MEETING OF APRIL 14 2008 PAGE 6
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UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC
HEARING OPENED AT 8:07 P.M.
Scott Hickok, Community Development Director, stated concerns were raised about housing
maintenance during the 2005 housing forums. City Council candidates also heard that housing
maintenance was a concern during their 2006 campaign. Demographics for Comprehensive Plan
updates showed an aging housing stock which caused staff some concern. There was also
concern about housing maintenance at Comprehensive Plan neighborhood meetings and in the
2007 citizen survey.
Mr. Hickok stated staff recommended a housing condition study last summer. That study _
showed that conditions with around 85 percent of our properties were good. Staff recommended
that the best time to implement a program was when the condition of the homes was good.
Staff recommends a modification to the existing City Code that will only address exterior "
maintenance, as Council has been clear in the past that they do not want staff inspecting the
interior of homes.
Mr. Hickok stated there is language in the existing City Code that addresses housing
maintenance; however, there are a few fairly minor problems and that is why staff is requesting
the text amendment. The existing City Code language only refers to roofs and exterior surfaces
in regard to the entire plan or wall. Problems evident in the 2007 survey were damaged doors,
windows, trim, or gutters. They felt more specific language was needed to allow staff to address
peeling paint on window trim or other maintenance concerns which do not include the entire
plane of the house.
Mr. Hickok stated the intent of a text amendment is to provide staff with a greater ability to
address needed basic home maintenance before the structure is severely dilapidated.
Mr. Hickok stated the Planning Commission held a public hearing on March 19, and there were
some questions from the public. The Commission closed the public hearing and asked staff in a -
motion to adjust the draft language and to bring it back for further discussion.
Mr. Hickok stated after hearing public testimony, the Planning Commission requested the
following changes: that the 10 percent surface deterioration limitation be increased to 25
percent. Then everything in the text would be 25 percent with the exception of roofs, and they
felt that was appropriate. They felt 10 percent might be a bit too picky, and homeowners might
get aggravated with too much inspection, maybe even too much government at that point.
Mr. Hickok stated also there was some discussion about creating accommodations for hardship
� cases. As they have with every code enforcement case, they take into consideration the
condition and if reasonable, allow a grace period to fix what needs to be fixed. There are also a
number of programs through our HRA designed precisely for that situation.
Mr. Hickok stated there was a question about the text amendment language and if it should
apply to the S-2, Redevelopment District, zoning as well. It is important for them to know it is a -
redevelopment district. Some of our S-2 is residential and some is not. A residential housing
FRIDLEY CITY COUNCIL MEETING OF APRIL 14, 2008 PAGE 7
code in an S-2 District would not be as appropriate as the language that already exists in S-2 that
says "all performance standards in this District are based upon standards of the zoning district
that most closely associates with that district." So changes to the R-3 code would apply to multi-
family use in an S-2 District, for example, so that district is really designed to say if it is multi-
family it functions under the performance standards of the R-3, so it is covered.
Mr. Hickok stated regarding manufactured homes, the R-4 zoning, staff did spend a great deal
of time on this. There are very good reasons why they did not include the R-4 manufacturing
home. Here is the language that exists, "It shall be the responsibility of the property owner to
ensure that (1) every exterior wall, foundation, and roof of any building or structure shall be
reasonably watertight, weather tight, and rodent proof and shall be kept in good state of
maintenance and repair. Exterior walls shall be maintained free from extensive dilapidation due
to cracks, tears, breaks, or deterioration of plaster, stucco, brick, wood, or other material that
gives evidence of long neglect; (2) the protective surface on exterior walls of a building shall
remain in good repair and provide a sufficient covering and protection of the structural surface
against deterioration without limiting the generality of the section of protective surface of a
building shall be deemed to be out of repair of (a) more than 25 percent of the area of any plane
or wall on which a protective surface that is painted is blistered, cracked, flaked, scaled, or
chalked away or (b) more than 25 percent of the pointing of any brick or stone wall is ioose or is
falling out; and (3) every yard and all structures, walls, faces, walks, steps, driveways,
landscaping, and other exterior development shall be maintained in an attractive, well-kept
condition. Further the boulevard axea premises shall be properly maintained, groomed, and cared
for by the abutting property owner. All of that language exists in the current R-4 mobile home
district. What is important about that is they believe this standard is a broad standard. It includes
a.ny condition they have encountered in the past. They do not get a lot of complaints in the
mobile home district. He showed a select set of photos he had.
Mr. Hickok stated it is important to know also that manufactured homes are a bit different than
single-family homes. For example, if you have a single-family home and it has rotting around
the window, they may contact that person and they say, we knew it was rotting. They are getting
to a point where they are replacing the windows and are thinking of putting in a bay window.
You could not do that in a mobile home because you are changing the structural integrity of the
shell itself, and you need certification from the manufacturer to do that.
Mr. Hickok stated changes accepted by the Commission at their last meeting, include increasing
deteriorated surface limitations on walls, window trim, doors, eves, and soffits. They moved
from 10 percent to 25 percent in their recommendation leaving the determination of a roof to be
deemed out of repair if more than 10 percent of the roof surface is damaged.
Mr. Hickok stated, finally, no additional language regarding hardship cases since there is also
the appeals process in place, Section 205.05.6A of the Zoning Code. The Appeals Commission
is set up already by ordinance to be decision making in the event that any property owner feels
aggrieved by an alleged error, any order, requirement, decision, or determination they have been
given by an administrative officer of code enforcement staff. They can appeal to the Appeals
Commission who can also give a recommendation/decision. He said that further research
showed that only 30 residential properties ranked with an overall score indicating major
FRIDLEY CITY COUNCIL MEETING OF APRIL 14 2008 PAGE 8
improvements would be required to be repaired.: Not a11 of these would be expected to be cases
demonstrating financial hardship. Staff will be providing homeowners with the potential
resources for assistance.
Mr. Hickok said at their April 2 meeting, the Planning Commission voted unanimously to
approve the ordinance language. Staff concurs, but found one sentence they would like to
modify to bring back to the second reading and that is where they address missing doors and/or
missing windows. They believe that can be refined a bit.
Mr. Hickok stated staff is also suggesting Council conduct the first reading of the ordinance.
Staff would like the langua.ge to be in effect during the summer months when there is additional
staff available for enforcement.
Mayor Lund asked Mr. Hickok to reference the minor change, the doors, he talked about. Is
that under Item G(3), maintenance, where it says, doors, windows?
Mr. Hickok replied, yes, correct. Though he thinks this language is very well written and states
what they need it, they need to make sure the word "doors" is in there.
Councilmember Barnette asked regaxding the mobile homes, does the current language apply
equally to mobile homes as it does other homes.
Mr. Hickok replied right now they think the language is adequate to protect them in the mobile
home district.
Councilmember Barnette asked about foundation issues with mobile homes.
Mr. Hickok replied the preferred language is what is in the ordinance now. Of the several
hundred mobile home units in the City, there are two or three on foundations. The skirting is an
issue if it is missing. He is pleased to say in both of the developments, the mobile home
management folks are very critical of skirting issues. If it is missing, the owners have been
notified that the skirting needs to go back in place.
Councilmember Saefke stated he knows they have a few modular homes. Do they run into the
same kind of problem with that then?
Mr. Hickok replied those are in districts that are R-1. They are already covered in the zoning
and they would be that � other standard. Unless it is in one of the two parks, it has to be on a
permanent foundation. We have had several of those in the recent past; and they are built to the
modern standard--whatever was in place in the building code at that time.
Councilmember Saefke stated he was wondering if there was any modification that was done to
the buildings, if they needed to be certified by the manufacturer, too, because they were built off-
site in sections and put together on-site?
Mr. Hickok replied those are built according to manufactured specifications foundation wise
■
FRIDLEY CITY COUNCIL MEETING OF APRIL 14 2008 PAGE 9
and framing wise. That engineering comes in as part of the building permit package for our
building inspectors to review. So there is careful review of that and they aze built according to
specifications.
Mayor Lund stated the easiest distinction would be both are modular homes built to a UBC or
IBC or some other generally accepted construction standard or code just like houses. In the
HLTD code for manufactured homes, that is a different structure code than the Minnesota
accepted code. There is a big distinction. In other words, on a modular home, those are built to
a Minnesota accepted code and the frame was removed. In a HUD code manufactured home, the
frame is an integral part of the structure; therefore, the frame stays.
Councilmember Bolkcom asked in the R-4, Mr. Hickok mentioned planes. Is a plane a roof?
Mr. Hickok replied a plane could be the face of a building, it could be one side of a roof from
the eave to the ridge, and it could be a door.
Councilmember Bolkcom stated she had a bit of a hard time with the 10 percent of the roof.
You could have a storm and it could end up being 10 percent, but it would not cause the overall
integrity of the roof to be sacrificed.
Mr. Hickok replied 10 percent is 10 percent. A property owner will be as anxious to fix that as
the City is. We are reasonable with storm conditions.
Councilmember Bolkcom asked how long do they have to repair something like that?
Mr. Hickok replied the timeframe is going to be very different from the standard code
enforcement. It is not going to be a 15-day typical first notice time period. For most of the
items, 30-day notice will basically introduce the issue to them and have them get back to the
City. At that point they are hoping they will have a good discussion and understanding with the
homeowner of what kind of time frame they feel it is going to take. The City will be reasonable
about that, but at the same time, they are going to have some expectations that it get taken care
of.
Councilmember Bolkcom asked what happens if they do not do it within the 30 days.
Mr. Hickok replied ultimately this will be a part of Chapter 205 which, like any of the other
Code sections, would be a citable offense. There would be a criminal citation for non-
compliance. A very small percentage of our cases end up in court. They take an educational
approach; it is about people understanding what is wrong with the property and what it will take
to get it into compliance. The City then gives a reasonable amount of time to get it taken care of.
Councilmember Bolkcom asked if the City would abate.
Mr. Hickok replied they need to be very caxeful when talking about the structure. There are
ongoing liability issues and warranty issues.
FRIDLEY CITY COUNCIL MEETING OF APRIL 14 2008 PAGE 10
Councilmember Bolkcom stated she is for this. She knows there may be some hardships, but
she thinks they also have some really good programs. In all the time she has been on City
Council, she has probably had more complaints about how neighbors keep up their property.
While walking through a neighborhood last summer, she noticed there were gutters on homes
barely hanging on. They called those in and someone checked on them, but it was not in our
maintenance code at that time. She is glad they went with the 25 percent; the 10 percent seemed
a little extreme. This will also probably help the foreclosed homes.
Councilmember Bolkcom asked Mr. Hickok where he saw this going. She asked if a suinmer
intern would be going out or if it would be done by complaint. She thought the big influx of
complaints will probably be similar to when they went out and did systematic code enforcement
years ago. It also seems to her there will be less time for staff to be going out and reinspecting a
home to see if there is something in the Code now.
Mr. Hickok replied they will have two interns this summer--a code enforcement intern and a
housing maintenance intern. They have taken the approach to have both those interns be cross-
trained to see housing maintenance issues and code enforcement issues. The beauty of the
housing study they did to see what kinds of conditions are out there is now they have mapped
those 30 homes that are in the worse condition. They also have the degree on a scale of 1 to 5, 1
being good.
Councilmember Barnette said he received a call from a long-time resident of Fridley who
thought it was probably the very worst time to institute a housing code. Her feelings were that
because of the difficult economic times and the aging of our population, this is going to hit some
of these older homes at a time when they probably cannot do some of this maintenance. He said
he t'ried to explain about the low cost loans. The resident was more concerned that the City
should do more about trying to explain reverse mortgages. He explained it is not the City's
position to get into that.
Councilmember Saefke stated he received a call from one of his constituents who resides in
Sylvan Hills. She took the absolutely opposite viewpoint. She felt this maintenance program
was probably very much needed right now. He lived in Fridley but went to school where his
grandparents lived in northeast Minneapolis. At the time, most of the people there were
immigrants who did not make a lot of money, but they took a great deal of pride in their
property. They cut the grass, painted windows, did whatever they needed to do with whatever
they had; and one neighbor helped the other. There are programs, church groups, and paint-a-
thons that happen at least once a year. For people who cannot afford some things, there are such
things as reverse mortgages. It is about taking pride in your community.
Councilmember Barnette said there are a number of programs available through the City's
senior program. There are groups out there that will assist people. As a City, we need to
communicate that. He thinks the whole idea of this program, which he is very much in favor of,
is for the betterment of our community and neighborhoods.
Jim Klewel, 1631 Rice Creek Road, stated he opposes any new restrictions or the hiring of new
employees for code enforcement. He thinks staff has a lot on time of their hands and a lot of
FRIDLEY CITY COUNCIL MEETING OF APRIL 14 2008 PAGE 11
t�payers' money on their hands. One of the easiest things to do is to spend other people's
money. According to the House Research Project the decline in incomes has been about 3
percent, and he thinks it started in 2002. It has continued to go down.
Mayor Lund said they are not suggesting hiring any new staff. Council asked staff to look into
this.
Mr. Klewel stated it just reminds him of a government that has plenty of money, and it is easy
for them to spend. He has seen our taxes increase by $6 billion for a transportation-funding bill.
What we are talking about is a tremendous burden and expense on the taxpayer. He does not
know that we should be spending so much time and effort in regulating private homes in the
City. He just senses a real feeling of infringement on individual property rights and liberties. He
sees it as a micro management of individual lives and deprivation of rights essentially.
Councilmember Bolkcom commented she got into politics originally for people because of
maintenance codes. She was down by the valley and there was someone who had eight cars in
his driveway and he took every piece of junk no one else wanted. If she lived next door, she
would not want that. She thinks there is infringement in the other direction, too. You are not
taking care of your property and causing my property values to go down or if I want to sell my
house or if she has friends over and they look at the other house. Almost every other community
is adopting something like this. There are concerns about foreclosed homes and rental property.
She does not think there could be a better time for this to happen.
Mr. Klewel stated they should be cautious in enacting any laws that may be construed as
unconstitutional or with intent to defraud or conspire against the rights of the citizens in Fridley.
Roger Avery, 600 Glencoe Street, said he thinks if people had done their job taking care of their
property, the City would not have to. The only problem he has with this ordinance is he wished
they would have been talking about it four, five or six years ago. He is all for it.
A1 Stahlberg, 8055 Riverview Terrace, asked with all the foreclosed properties, what about
boarded up windows.
Mr. Hickok stated that is going to be difficult. What typically happens is you then have three
parties involved, the original property owner, a guarantor of the loan, and the bank. You try to
cut through the administration as quickly as you can and get resolution to the issues. In the past
where we have done abatements, it is much easier. We can clean it up and certify the property.
In this particular case it is going to be much more difficult. They do not pretend this is going to
be an easy issue. This may be the ugliest of times for staff to bring this on, they recognize that,
and they axe going to have to deal with it.
Councilmember Bolkcom asked but does not this new maintenance code would help.
Mr. Hickok stated one of the things they see is damage to property when homeowners leave
against their will. They will damage doors, etc., when they are moving out. They do need to
secure the property and deal with people quickly to get that taken care of.
FRIDLEY CITY COUNCIL MEETING OF APRIL 14 2008 PAGE 12
William Burns stated what he is saying is the new ordinance allows them to deal with these
windows in lieu of clear transparent glass window. However, because the responsibility for the
property is so divided it is hard to pin the blame on anybody.
Mr. Hickok stated, right, and with us taking the approach there is a liability for us getting in and
doing the work ourselves. People are going to need to understand we are dealing with property
owners. It is not that we are ignorant to the fact that plywood is not a good window. We are
dealing with a number of different property owners about who is going to correct the issue.
Mr. Stahlberg stated to him it is worse not to have it boarded up and you got kids going in and
out, people stealing the copper, and starting them on fire. All you have to do is look at the
houses in Minneapolis which have blown up from people stealing copper. It is a lot tougher to
get into a house that has boarded up doors and windows. It is ugly but maybe you paint the
plywood. He thinks it would be required by the City for the safety of the neighborhood,
sanitation, etc., that the City goes in and boards them up. They are going to be mowing the grass
anyway and they just charge it to the taxes.
Councilmember Bolkcom stated but is that not an invitation.
Mr. Stahlberg said it is not haxd to spot them.
Councilmember Bolkcom stated but when driving by you could not tell unless there are boards,
then you truly know.
Mr. Stahlberg stated it makes it tougher for them to break in.
Mayor Lund asked Mr. Stahlberg if he is in favor of this ordinance.
Mr. Stahlberg replied it sounds good.
Peter Eisenzimmer, 6535 Oakley Drive, stated he was at the Planning Commission on this
ordinance and he thinks a lot of the language has changed because of the fact he did get up and
talked on it. He was very concerned about the senior citizens, both are living, they are both
paying a mortgage on their home. One passes away and now you have one person trying to take
care of all the bills and they cannot do it so the home starts deteriorating. They go get a loan
from the City, it is 6.5 or 5.5 percent. They cannot pay their mortgage but yet they get a loan and
have to pay that payment. This is the problem he is having with this ordinance. He thinks it is
something that should be thought about before they pass it. He asked if they had permission to
take pictures of the homes.
Mayor Lund stated they can take the pictures just like you if you are driving down the street and
took them from the public right-of-way.
Mayor Lund asked if he was opposed to the ordinance changes.
FRIDLEY CITY COUNCIL MEETING OF APRIL 14, 2008 PAGE 13
Mr. Eisenzimmer said he is opposed because he thinks there are a lot of pieces in there that if
there is storm damage and it's over $500 to $600 or $1,000 they cannot afford to make the
repairs.
Mayor Lund stated he is right. There are people out there now even without these changes who
probably cannot afford to fix their homes. Last suxnmer the City conducted a survey and found
85 percent of the homes are in generally good condition. One of the thoughts is to try and get a
handle on this before it becomes a real large problem.
Mr. Eisenzimmer stated there axe two foreclosures on Mississippi Street. Now people are
getting to know where it is, and it is creating more crime in the neighborhood. This is something
we have to watch. If we are going to put more burden on the homeowners, we are going to have
more foreclosures. The ta�ces keep going up and now our medical bills are going up. He is up to
$717.96 a month for prescription drugs for himself. He gets about $14,000 a year and he has a
lot of things to try and keep up. They are going to end up chasing people out.
Tom Myhra, 6360 Able Street NE, said he supports it but for a little different reason than the
comments that are being made. He does not think they axe going to have a lot of folks opposed
in Fridley. They have talked about what are they going to do to keep these liouses looking good
and so they will get sold and people will want to live here. He thinks this works in that direction.
Pam Reynolds, 1241 Norton, said when she first heard of the maintenance code changes she
was quite pleased. All the way back to some of our housing forums, it became obvious that one
thing we need to do is maintain the housing we have in Fridley. Her concern is the manufactured
home community. 'That housing is just as important to the community and is a very effective
source of affordable housing. She provided pictures of manufactured homes. Her concern with
having the R-4 property included into this maintenance code was to make sure that is mainta.ined
as well as everything else. There are things you can do that are basic maintenance, caul�cing,
painting, that do not interfere with this code. She is in favor of the code; however, she thinks
they need to pay just as much attention to the R-4.
Councilmember Bolkcom asked if there could be a reference to the R-4 put in the maintenance
code so it addresses that they are not treating one property or class of housing different.
Mr. Hickok replied if she truly believes they are treating them different, then they should
address it by having the language be the same. Hopefully he has made his argument as to why
they should not.
Councilmember Bolkcom stated she does not think they are treating one class of housing
different. Mr. Hickok made it clear to her tonight and they are comfortable it is not being treated
different because the housing is different. She just wanted to make sure they are not having a
different standard.
Mr. Hickok replied, she can be assured the enforcement is going to be consistent.
Councilmember Saefke asked if it would be possible just to have a reference to the ordinance
FRIDLEY CITY COUNCIL MEETING OF APRIL 14, 2008 PAGE 14
that covers the R-4 district. Not that it is going to be different but just to say that manufactured
homes in the R-4 are covered under the Code.
Mr. Hickok stated what they are suggesting is a text amendment to each of the zoning districts
that already have some maintenance language in them. It is a little different. The R-1, R-2, R-3,
R-4 will all have maintenance language in them.
Mayor Lund stated actually he thinks they already have the ability to do maintenance in the
park just like they do with every other housing in the City of Fridley. Ms. Reynolds brings forth
some very easily defined code issues, for example, a toilet sitting in a yaxd or piece of glass
missing, that is unacceptable. All those things can usually be dealt with very easily by staff in
just talking to the management and letting them do the code enforcement as their rules and
regulations already stipulate. Those people are in violation even if it was not in City Code
violation, it certainly is code violation within the park; and the park has the ability to make those
people do that because they have signed a lease and they have signed rules and regulations. He
thinks the property manager actually does a very good job. He thinks now that spring is here,
management will be doing their in-park inspections, and a lot of these issues will go away. A lot
of those Code issues can be taken care of right by one telephone call to the park management,
and he will ensure that is brought up. Maybe we have to do a little oversight to make sure the
manager does his job, but he would think they would not have to tell him twice.
Mr. Hickok commented they have had a good working relationship with both management
organizations for both parks, and he is always pleased with their response when the City contacts
them on issues.
Edgar Murphy, 600 Hugo, approached regarding the park issue. The tennis courts are not in
the best of shape and there are a lot of cracks. There are only certain parts of the parks that are
being kept up. The tennis courts are run down the most.
Mayor Lund stated they are aware of the condition of the tennis courts and they will talk with
staff. They are working on replacing some and elimination some because they are not being
used the way they used to.
MOTION by Councilmember Barnette to close the public heaxing. Seconded by
Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
PUBLIC HEARING CLOSED AT 9:35 P.M.
NEW BUSINESS:
10. First Reading of an Ordinance Amending Chapters 205.07, 205.08, 205.09, and
205.23 of the Fridley City Code Pertaining to Housing Maintenance {Text
Amendment, TA #08-01).
FRIDLEY CITY COUNCIL MEETING OF APRIL 14, 2008 PAGE 15
MOTION by Councilmember Bolkcom to waive the reading of the ordinance and adopt the
ordinance on first reading. Seconded by Councilmember Saeflce.
Councilmember Bolkcom also directed staff to come back with changes related to windows and
doors for the second reading.
Mayor Lund referenced the additional words to be added in sections G(3).
Councilmember Bolkcom commented this has probably been the biggest thing she hears from
her constituents. She knows this is going to be a hardship to some people, but she thinks there
are some opportunities for them to help some of those people. There are also some programs
available through Anoka County. We do not have a lot of foreclosed homes right now, but we
do have to be concerned about it. Also with the rental properties and some other homes that
have come into disrepair, they could affect the selling of your home.
Mayor Lund stated it is very clear that something needs to occur because there are many people
for a long period of time who have demanded, not just requested, that something be done. This
is a far cry from a housing maintenance code. We are trying to be the least restrictive we can be
and yet trying to accomplish the goal of keeping up the image and look and the housing in
Fridley. It certainly could be a hardship for some, but if we do not do this, the alternative is even
worse.
Councilmember Varichak stated she is in favor of the change. A few weeks ago, they got a
letter from some travelers coming from the south. They made a very nice comment about the
City of Fridley and how well kept our city is. There are places people can go to for assistance.
There will be hardships, but she thinks they can make it a better place and a nice place for
everybody to live.
Councilmember Bolkcom commented the only additional staff are the interns this summer.
Mayor Lund asked Mr. Hickok to share the photos with the management at the mobile home
park.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
11. Approve HoteUMotel License for LivINN Suites.
Richard Pribyl, Finance Director, stated the current hotel license period expires as of April 30,
2008. The LivINN Suites have been licensed in the Fridley location since 2003. They have four
locations across the United States, Maplewood, Burnsville, Sharonville (Ohio). The Fridley
location has 134 rooms, renting on a daily and long-term basis. This particular situation is due to
the high number of police calls for service at this location. The Public Safety Department has
voiced concerns regarding the renewal of this license. In the last two years, police ca11s to this
location were 122 in 2007 and 131 in 2006. Due to the nature of the calls for service, staff is
recommending the license renewal with the following provisions: 1. That LivINN Suites
FRIDLEY CITY COUNCIL MEETING OF APRIL 14 2008 PAGE 16
participate in the 2008 Action Plan prepared by the Fridley Police Department; and 2. That
Liv1NN Suites appear before the Fridley City Council on November 17, 2008, for possible
revocation of their license.
Don Abbott, Director of Public Safety, sta.ted the Police had concerns with LivINN Suites when
it first acquired the Kelly Inn property in 2003. At that time, staff inet with hotel management
representatives and discussed concerns and developed plans to reduce those concerns. Those
steps included among other things that hotel management would conduct background checks of
incoming guests, there would be credit card charges for rooms only, a.nd there would be no stays
for a period of less than 24 hours. Over the past several years, the Police Department has
responded to calls for service and monitored activities. Based on police reports, officers'
observations, surveillance, and comments, the Police Department believes that drugs and
prostitution are both regularly present at the LivINN Suites. Calls for service history have been
increasing during the last two yeazs from the past five years. He presented them with the
numbers. In 2007, there were 9 robbery and serious assaults, 10 other assaults 17 drug-related
(mentioned or a factor) and 2 prostitution-related (mentioned in the report related to the call).
Those were some of the most concerning calls. While in the beginning of 2008, the ca11s seemed
to be somewhat diminished, they also had some very serious calls. So are they have had 26 calls
from January 1 to March 31. Those include one homicide where a person was charged with
murder, and a stabbing which occurred in the back parking lot, which was non-fatal and believed
to be related to drugs. They had four other drug-related incidents so far the first quarter of this
year.
Chief Abbott stated overall the hotel is managed at this time in such a way as to allow
conditions that conflict with the values of the City of Fridley and the expectations our
community holds for its business operators. He referenced Values First sign setting forth the
values the City of Friday which are responsibility, non-violence, self-control, citizenship,
integrity, respect, and caring.
Chief Abbott referred to the action plan. Police have met with Liv1NN Suites management
twice in the pass month. The overall tone has been positive. They identified issues and stated
expectations. They provided staff with the same detailed summary of service of calls that
Council received. They also received a very similar breakdown of calls for service in 2006 as
well. They stated what their expectations were. LivINN has already identiiied one employee in
the management capacity who was condoning the activity or at least knowledgeable of allowing
it. They have since been replaced. They developed a six-month plan and the highlights of this
plan would be that LivINN Suites would no longer accept cash payments for any room rental.
They have been accepting them for overnight stays as long as a credit card was placed to
guarantee the room. At this point they are going to be requiring that all stays are paid for by
credit card.
�
�
Chief Abbott stated the hotel will comply with all requirements under Minn. Statute, Chapter
327, which requires that hotel management obtain from guests who axe checking in complete
identification and that those registration records be made available for police review upon
request. Officers have been making visits there already making checks of those registared guests -
for warrants and have made some warrant arrests already based on that.
0
FRIDLEY CITY COUNCIL MEETING OF APRIL 14. 2008 PAGE 17
Chief Abbott stated the hotel will review websites and other media commonly used by
prostitutes to ply their wares and compare their photos and other features against their current
guests. Hotel management will meet with police staif monthly over the next six months to
review police reports and evaluate the effectiveness of policy and procedure changes making
modifications where indicated. The Police Department will continue increased surveillance and
enforcement efforts on and around the hotel.
Chief Abbott stated the Police Department will offer training in the recognition of drug activity
and other illicit conduct to LivINN Suites staff. They have already had some discussion with
their management about some things to look for. Staff will provide monthly updates to Council
summarizing police calls and any noted improvements in the overall operation of the hotel.
Chief Abbott stated staff is recommending approval of the hotel license at this time. The
renewal of the license for LivINN Suites conditional upon the items including the six-month
action plan as outlined. Staff further recommends that Council set a revocation hearing for
November 17, 2008, to review the hotel's progress and current status at that point and consider
revocation if that seems the course of action to take. Police will provide a comprehensive report
of the current status of the effectiveness of the six-month action plan at the proposed license
revocation hearing of November 17, 2008. Staff will also be providing monthly updates during
that time period.
Councilmember Bolkcom asked Chief Abbott if he had a.�y idea how much police time is spent
there in terms of dollars or hours.
Chief Abbott replied he did not know the dollar amount. The amount of time spent on each of
those 122 police calls in the last yeaz, could be anywhere from 20 minutes or some could be
several hours by detectives and officers over two to three weeks.
Councilmember Bolkcom stated it is almost a full-time police officer's time over the year.
Chief Abbott replied as a ballpark figure he would say that it would probably be somewhat less
than a full-time position. Far 2008 it would definitely be approaching that when you add up
multiple officers working on the case.
Councilmember Bolkcom stated the police time that is spent_ there two years in a row is just
incredible to her.
Tim Welsh, Attorney for LivINN Suites, said they are really here in the spirit of cooperation.
They recognize that the current state of affairs is not acceptable to the ownership and certainly to
the City. They hav� worked and met with Captain Weierke and with the Director of Public
Safety a couple of times to talk about how they might proceed.
Attorney Welsh state with respect to the conditions, they understand they are going to be
meeting with the Police Department. Some of the conditions may evolve and change. They
make think of other things that will be added and some things may not make as much sense. He
would also request that rather than setting a revocation hearing now they give them some time to
FRIDLEY CITY COUNCIL MEETING OF APRIL 14, 2008 PAGE 18
try and work through some of the issues that they have and see if they have improvement on at
least an interim basis. At that time they can always establish or set a revocation hearing. Right
now for them in terms of the business plans they have, it creates an issue for them in terms of
any kind of a iinancing or sale or upgrading of the property. Trish Wallin has been with the
ownership a long time. Originally she managed the LivINN Suites. She took over another part
of the business operation, but once it became clear last fall that the management which was in
place was not doing the job it needed to be done she has returned to run the project. The calls
have improved since she took over.
Trish Wallin, regional manager for LivINN Suites, stated she was involved with the hotel when
they originally came and was involved in the original licensing. She previously had been in
charge of the apartment side of the operation and kind of went back to doing just that while they
brought in somebody whom they thought was an expect in hotel management. Once the hotel
had been remodeled, they felt that this individual would be able to bring them to a new level. To
the contrary he did things like not requiring credit cards at all and the owner, after unfortunately
a long period of time, recognized there were some issues with that. They asked her to come
back. Since that time and things may not have happened as fast as they could have, but
immediately they started requiring credit cards. They did bring security on site to help with the
issues. They have replaced a manager on site and they have replaced a couple of other full-time
front desk staff that they thought were contributing to the type of issues they were having. They
are working with Police Department and recognize the issues and want to correct them.
Mayor Lund stated they have taken an exception to one of the action items and that was about
monitoring and reviewing the website which is not a part of the license requirement. He asked
whether they would object to having that as one of the action plan items.
Attorney Welsh replied what they are saying as to the specific action plans is that failure to
provide one of those specific issues is not necessarily a condition of the license which would lead
to revocation. Rather, the condition is that they meet with the Police Department and work with
them on the action plan. They are agreeable with working on the things that have been
suggested. It a good idea to at least try to use the internet for known prostitutes but no one
knows exactly how that will work.
Mayor Lund stated the reason he brings it up, is he would think the establishment would want to
maintain and look at their comments and reviews. He asked if they have had an opportunity to
see one of the reviews of their facility that he has in his possession.
Attorney Welsh replied he is aware of the one that was provided.
Mayor Lund stated it is pretty telling. This is certainly not a facility that maintains an image of
what they would expect in our community. The comments are on the LivINN Suite's website as
a review. The list goes on and on. However, Attorney Welsh's point is well taken.
Attorney Welsh stated he is attempting to not be legalistic. He can tell them that what has been
happening there, and especially as they are becoming more aware of it, is simply not acceptable
to the owner.
0
FRIDLEY CITY COUNCIL MEETING OF APRIL 14 2008 PAGE 19
Mayor Lund asked who the owner is.
Attorney Welsh replied, Wayne Rixman.
Mayor Lund asked if he was related to Brad Rixman.
Attorney Welsch said Brad Ri�nan is his son and owns the Pawn America store. Wayne does
not have an interest in that business. They want to clean this up and cooperate with the Police
Department. On the other hand, without some clarification he would not be doing the service for
his client that he should.
Mayor Lund asked Attorney Knaak asked if they could look at revocation tonight.
Fritz Knaak, City Attorney, said there should be greater notice but certa.inly that is within the
Council's discretion. They have a significant amount of information, and it is the kind of
information they could reasonably use to reach a decision. If he understands counsel's reaction
to the internet perusal provision, it is the ambiguity almost of it that he thinks is probably the
response. He thinks what the City is looking for is awareness on the part of the ownership as to
who known prostitutes are in the area and a way of doing that now is on the internet. He is
reluctant to say that perhaps even the Police Department could provide some education in that
area, he does not know, as to what kinds of sites are being used for this purpose. However, he
thinks the concern is that they would be made responsible for an area where they may not have
the expertise to actually know where to look. On the other hand, if you do not make something
like that a condition, it would be arguably an excuse for them just to blithely ignore people that
would otherwise with a little bit of research be known to be prostitutes in the area. He is
anticipating the Police Department tried to come up with some means by which that would be
known or not known, but he thinks the reaction here is not knowing exactly what that means and
what the known sites are.
Attorney Welsh commented, are they talking about thousands of ads or hundreds. How does
that work and how do you match them up? Are they going to attempt to proceed? Of course. If
he understands the police calls correctly, while it is a concern of everyone's, there were only, and
not to minimize or speak in favor of prostitution, a few calls. It seems like really a lot of what
was going on there was drug-related issues that seemed to sort of permeate the calls.
Chief Abbott stated they indicated that two calls for prostitution were mentioned in the 2007
and five in 2006. Prostitution, especially occurring in a closed and hopefixlly locked hotel room
is something that is difficult for the police to get a good handle on or sense for. More than even
the police calls, are comments that are made by members of the public, and also our own
officers' observations. About a year and a half or two years ago, they actually rented a room in
the LivINN Suites and had officers rotating through that room over a two-day period just
surveying the activity and what was going on. They came back with a definite feeling that
prostitution was occurring in the building. They have taken some steps to actually prepare and
train our Police Department towards those types of details. That is something they have
� traditionally not worked on with any frequency here in the City of Fridley. The internet
absolutely is the way advertising is occurring now. During their meeting last week with Ms.
0
FRIDLEY CITY COUNCIL MEETING OF APRIL 14, 2008 PAGE 20
Wallin and Mr. Welsh, they did discuss this issue of conditions and at that time he thinks Mr.
Welsh had a concern about being held accounta.ble to each and every condition of the license to
the point where a violation of that condition would then be grounds for revocation. Specifically,
Number 3 in the action plan where they talked about looking at the internet site for prostitution
was something they reported two weeks ago in their first meeting with Ms. Wallin and another
manager. They relayed to them where they were finding some of this information, what websites
and how. Their response was they can go look and see if they recognize the people. That truly
came as kind of an arrangement or cooperate idea to that. He explained to Attorney Welch on
past action the City has taken, more than looking at action in one specific condition of an action
plan it will change as time goes on. He thinks things will be different in the next six months than
what they have outlined here. They will be looking for a more constructive or substantial
compliance with these and definitely the ability and willingness by their staff to keep working
with the City and adapting a plan as they need ta
Mayor Lund commented it boils down to cooperation on both sides.
Attorney Welsh stated right. One of the things they have already found is a very quick way to
do criminal background checks on everybody who comes in. He thinks that will make a
difference, toa
Mayor Lund said he does not know about the feasibility or legal side of it but maybe a$3
transaction or per room fee may need to be looked at to pay for the police to spend that amount
of time on one facility. This does not meet community standards. Certainly he is going to vote
for a six-month review and set the revocation date.
Attorney Welsh commented they are not disagreeing with him. It is not acceptable.
Mayor Lund asked Attorney Welsh, when he said they are actually planning some major capital
improvements, can he give some highlights of some improvements.
Attorney Welsch replied they actually have just finished a major upgrade of the property. There
was $1.5 million or so spent upgrading the property within the last four years.
Ms. Wallin stated she thinks the renovations were completed in the middle of 2006.
Attorney Welsh commented the occupancy has not been high there. They represented the folks
who owned it before. It has been a problem to make it economical from the beginning. All the
new properties have a water park, they are larger, more attractive properties; and it something
they struggle with. He thinks they are going to be able to upgrade the clientele they have and
over the next few months get the police involvement to an acceptable level.
Councilmember Saefke asked when it was the Kelly Inn, what kind of police calls did they
have.
Chief Abbott replied their automated police record system does not go back to the 1990s. From
his own experience of being a street officer at that time, both when it was a Best Western and
FRIDLEY CITY COUNCIL MEETING OF APRIL 14, 2008 PAGE 21
then a Kelly Inn Best Western, they have always had some police ca11s there. In fact more than
he would have expected from either of them. They were not of the same number of calls they
have had in the last two years.
Councilmember Saefke asked whether they were drug or prostitution related?
Chief Abbott replied he thinks a lot of their calls there were alcohol-related. Not a lot of drugs,
drinking, juveniles having beer, and the bathtub beer parties. They had the pool open at that
time, and there were some very interesting fights. Definitely more drug-related, prostitution
activity, and assaultive activity has increased now than they saw then.
Councilmember Saefke stated he was concerned about as one letter says, "being able to smell
marijuana and crack cocaine in the hallways" and nobody did anything about it he guessed. That
is what bothers him about this whole thing. He agrees with the Mayor that it does not really
meet our standards in Fridley and he is going to vote, too, for the revocation date in November
and give them six months to straighten out. Hopefully with new management and working with
the Police Department they can clean up the mess there. It is no good for our community.
Apparently it is a known spot now for drugs and prostitution and that just attracts more
undesirable folk.
Councilmember Bolkcom asked Chief Abbott whether they are doing anytl�ing different than
they have done on other liquor licenses.
Chief Abbott replied, no, they axe following a very similar procedure to what they have
followed with Sharx and Fridley Crab House.
Councilmember Bolkcom stated regarding the last two yeaxs of police calls, they probably
should have been doing something last year. She asked if they have looked at the LivINN Suites
in Burnsville. She asked if that was owned by the same gentleman.
Attorney Welsh replied, correct.
Councilmember Bolkcom asked Chief Abbott do they have any idea what the activity is like
there.
Chief Abbott replied he does not have the actual numbers. He did talk to a detective from
Burnsville. In talking with him there have been some issues but nowhere near what they are
seeing in Fridley. In talking with Ms. Wallin it sounds like the Maplewood property has more
similarities to Fridley, but he thinks even in her opinion Fridley was the more challenging
property.
Councilmember Bolkcom recalled their discussions in the past and concern about a LivINN
Suites being in Fridley. When she started reading some of this information, she is concerned
about the neighborhood very close to this property along with other the other businesses. They
have an obligation to take care of them also. She sees nothing wrong with putting them on
notice and she is sorry that they cannot get the loans needed to do a business plan because of this.
FRIDLEY CITY COUNCIL MEETING OF APRIL 14, 2008 PAGE 22
To her, that just means you clean up your act and do so very quick so they can. Six months is
fair, considering the stuff that is going on. They do not want to be known for homicide, murders,
and assault, wherever it might be. Whether it takes one or two policemen, it still takes them off
the street. They are taking people away from that for activity that should not be going on in any
business in the community.
Councilmember Saefke stated what he is hoping for is that anyone who is having any thoughts
of doing anything illegal at the LivINN suites he hopes they are listening to this tonight because
they are putting them on notice.
Councilmember Bolkcom asked Attorney Welsh, does he not think that it is up to the
management that it is not a place to congregate.
Attorney Welsh stated it is up to them to figure out a way to change over the clientele and one
of the things they talked about is they can get access to the police calls and police visits on a
weekly basis. The policy right now is if there is a police call at a room, they evict the person.
They need to know that happened and work on ways to find that out. Again, they are going to
have a challenge for a couple of months because they are talking about rumors, changing modes
of behavior, and changing a reputa.tion.
Dr. Burns stated Attorney Welshs's comment regarding the six-month revocation and hearing
threatening financing caught his interest. He asked if he was talking about financing a project
that is eminent or if this is a hypothetical project?
Attorney Welsch replied he is not fully at liberty to talk about his client's plans but he can tell
them in terms of the LivINN Suites in general that they have been under discussions with some
of the major chains about reflagging them. With the mention of revocation, it is very difficult to
talk somebody into paying attention to a plan or financing or reflagging. They say, well, let's get
this behind us and then we will talk about it. What he is hearing tonight and kind of sensing is
we will go on hold, we will work on our plan, and then six months from now if they have
demonstrated the property is back where they expect it to be, they can go on with their plans.
Dr. Burns asked if they are talking about reflagging.
Attorney Welsh replied the property's challenge with respect to a major teardown and a rebuilt,
is how it relates to Menard's. There a little mall in between, and its visibility is back from the
street, so one of the challenges has always been to find it. It is probably not the site that
somebody would choose to construct a more modern hoteL
Mayor Lund stated regardless of whether they are under the threat of revocation, it is still out
there. If nothing changed, they would still be back anyway.
Attorney Welsh stated that was really his point. The fact that the heaxing is set, however, is just
a disclosure item for them. The truth is at any point in time they could set a revocation hearing.
If there is a violation they can set a hearing, and they do not have to wait six months.
FRIDLEY CITY COUNCIL MEETING OF APRIL 14, 2008 PAGE 23
Councilmember Bolkcom stated it is a much simpler thing for them to say basically you have
six months to clean it up. It is not any different from land uses that they have done where they
have looked at revocations of special use permits and said you have six months to clean it up. It
makes sense to her to put a date. To her it is a disclosure item for them anyway because they are
here tonight.
Attorney Welsh replied, he understands.
Councilmember Barnette asked Ms. Wallin what type of a security staff do they employ and if
they are overnight and what kinds of power do they have. If these kinds of incidences are going
on, why is their security staff not doing something about it.
Ms. Wallin replied since she has been back and since they brought along a security staff, it is not
one that they employ. They hire a service. She would not say they are necessarily the type of
individual that she would want to handle those issues. They bring attention to the issue and say,
we have an issue and you need to call the police.
Councilmember Barnette asked, they are not asked to confront guests.
Ms. Wallin replied the security staff will go into a room and say they need to be quiet.
However, if they have an issue with that room and they cannot take care of it on their own, they
are going to call the police. So if they have somebody has a drug or alcohol issue or there is
violence, they are going to ca11 the police.
Councilmember Barnette stated he has had an opportunity to be in contact with quite a number
of the people who live up on the hill. They are also concerned with what is going on in the
parking lot. They are looking right down on the facility, and they are very, very unhappy people
with what is going on, as is the councilperson representing them and himself. He is also pro-
business for Fridley. They want businesses to be in Fridley but ones that are appropriate, good
businesses, as they represent the City. He is in favor of the six months and having them back on
November 17. He hopes that things have been taken care of and things are much better.
MOTION by Councilmember Saefke to approve the LivINN Suites, 2008-2009 Hotel/Motel
License with the following conditions:
A That LivINN Suites participate in the 2008 Action Plan prepared by the Fridley
Police Department as follows:
1. LivINN Suites will no longer accept cash payments for any room rental.
All room stays will be charged to a credit card. Currently overnight
rentals may be paid in cash and backed up by a credit card on file.
2. LivINN Suites will comply with the registration requirements of
Minnesota Statutes, Chapter 327. Hotel staff will gather all personal
identification on each guest and provide that in a format that allows police
to check registered guests for wants and warrants.
FRIDLEY CITY COUNCIL MEETING OF APRIL 14, 2008 PAGE 24
3. LivINN Suites will review websites and other media commonly used by
prostitutes to ply their wares and compare their photos and other features
against their current guests.
4. LivINN Suites management will meet with police staff monthly for the
next six months to review police reports and to evaluate the effec#iveness
of policy and procedure changes, making modifications where indicated.
5. The Police Department will continue increased surveillance and
enforcement efforts on and around the hoteL
6. The Police Department will offer training in the recognition of drug
activity and other illicit conduct to LivINN Suites staff.
7. Staff will provide monthly updates to Council summarizing police calls
and any noted improvements in the overall operation of the hotel.
B. That Liv1NN Suites appear before the Fridley City Council on November 17,
2008, for possible revocation of their license.
Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
12. Informal Status Reports.
Mr. Hickok mentioned the fourth annual Yard and Garden Get-Together on Saturday, April 6, ` I
2008, from 1 to 3 p.m.
Mayor Lund stated on Saturday, Apri126, the Fridley Historical Society is having their annual
dinner and silent auction.
ADJOURN.
MOTION by Councilmember Barnette, seconded by Varichak, to adjourn.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MEETING ADJOURNED AT 10:38 P.M.
Respectfully submitted by,
Denise M. Johnson Scott J. Lund
Recording Secretaxy Mayor
�
CITY OF
FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF APRIL 28, 2008
To: William W. Burns, City Manager���
From: Public Safety Director pon Abbott
Date: Apri124, 2008
Re: Second Reading of an Ordinance Amending Fridley City Code Chapters 11 and 102
Allowing Storage Fees for Seized Motor Vehicles
In August of 1988, Minnesota State Statutes (609.531, 169.041) allowed cities to forfeit property
including vehicles. The purpose of forfeiture is to enforce the law, reduce recidivism, deter crime
and to reduce the economic incentive to engage in criminal activity.
In the late 1990's the Fridley Police Department began forfeiting vehicles for driving while
intoxicated, fleeing police in a motor vehicle and controlled substance (drugs) crimes. When a
police officer can legally seize a person's vehicle the vehicle is towed to the City garage to be
stored. The vehicle is held until the civil court case has been resolved or an agreement is made with
an uninvolved owner*. Typically, a vehicle will be stored at the City garage impound lot for an
average of six months before the case is settled. During the storage period, City staff will remove
personal items out of the vehicle, plow the lot, and keep up the vehicles. When the civil case is
resolved and the City of Fridley is awarded the certificate of forfeiture, our staff will collect the
legal documentation to file for title. Once we receive title, our Public Works staff will prepare the
vehicle for sale and a sealed bid auction will be held. The original owner of the vehicle is excluded
from purchasing the vehicle..
The funds from the sealed bid sales are deposited into one of the Police Department's forfeiture
funds: DUI Forfeiture or State (Drug) Forfeiture Fund. Forfeiture funds are used for D.A.R.E.,
purchasing equipment and training.
In the last few years, the Police Department has used a portion of the forfeiture funds to upgrade the
impound lot facility. We have paved a portion of the surface, upgraded the building and installed
fencing to improve the security of the lot. Due to the increase in the number of vehicles being
seized, staff time and the costs associated with the forfeiture process, the Police Department has
incurred increasing costs each year. Minnesota Case Law allows cities to charge uninvolved
owners a reasonable storage fee. We currently have fifty vehicles in our impound lot and will
usually process 50-75 seized vehicles per year.
*Uninvolved owners — An owner of a vehicle, who was not the driver, did not have knowledge
that the vehicle would be operated in a manner contrary to law or who took reasonable steps to
prevent the use of the vehicle. Prior to a release of the vehicle an uninvolved owner must sign a
contract that they will not allow the offender to drive the vehicle.
1
Storage Fees for Seized Motor Vehicles
Page 2
We are proposing a storage fee to be passed on to the uninvolved owners and/or lien holders to help
defer the costs associated with the seizure process. Other metro area agencies (State Patrol and
Coon Rapids) are currently charging storage fees as part of their seizure process. We are proposing
a$10 per day fee, not to exceed $500 or 50% of the vehicle's value.
The first reading of this ordinance was held at the City Council meeting of April 14, 2008.
Staff recommends the second reading of this ordinance allowing storage fees for seized vehicles.
z
ORDINANCE NO.
AN ORDINANCE AMENDING FRIDLEY CITY CODE CHAPTERS 11 AND 102
ALLOWING STORAGE FEES FOR SEIZED MOTOR VEAICLES
The Fridley City Council hereby finds after review, examination and recommendation of staff
that Fridley City Code Chapter 11 related to Fees and Chapter 102 relating to Police be hereby
amended and ordains as follows:
SECTION 1: That Chapter 102 be hereby amended as follows:
102. POLICE
102.02. Stora�e Fees for Seized Motor Vehicles
Whenever a motor vehicle is seized by the police de�artment and held at a storag;e facilitv or
impound lot pendin� a forfeiture action commenced under statutorv authority the CitYmay
assess fees to the owner or lien-holder of the motor vehicle for storage as specified in Chapter
11 In addition the owner or lien-holder of anv such seized motor vehicle shall be responsible for
pavment of anv towing charges.
SECTION 2: That Chapter 102 be renumbered after Section 102.01 by adding the above
section as 102.02 and renumbering each section thereafter.
SECTION 3: That Chapter 11 be hereby amended as follows:
11.10 Fees
CODE ' SUBJECT ,, FEE
102.02 Stora�e fee for seized motor vehicles $10 per dav for each day or part of a dav
the seized motor vehicle is held at a
storage facilitv or impound lot.
The total storage fees assessed on anv one
motor vehicle shall not exceed $500 or
50°/a of the value of the motor vehicle as
determined bv competent authoritv,
whichever is less.
PASSED AND ADOPTED BY � CITY COUNCIL OF TI-� CITY OF FRIDLEY THIS
DAY OF 2008.
ATTEST:
Debra A. Skogen, City Clerk
First Reading: April 14, 2008
Second Reading
Publication:
3
Scott J. Lund, Mayor
0
PLANNING COMMISSION MEETING
Apri12, 2008
Chairperson Savage called the Planning Commission Meeting to order at 7:34 p.m.
MEMBERS PRESENT:
MEMBERS ABSENT:
OTHERS PRESENT:
Dean Saba, Diane Savage, Brad Sielaff, and Jack Velin
David Kondrick, Leroy Oquist, and Brad Dunham
Julie Jones, Planning Manager
APPROVAL OF PLANNING COMMISSION MEETING MINUTES:
March 19, 2008
Chairperson Savage pointed out that page 11 of the minutes should be amended to
reflect the fact that she voted "Nay" on Item No. 1.
MOTION by Commissioner Saba to approve the minutes as amended with the
correction. Seconded by Commissioner Sielaff.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE
DECLARED THE MOTION CARRIED UNA1vIMOUSLY.
1. PUBLIC HEARING
Consideration of a Text Amendment, TA #OS-01, to modify the R-1, R-2, R-3,
and S-1, Residential Zoning Districts to further define the level of housing
maintenance required in those districts.
MOTION by Commissioner Sielaff to open the public hearing. Seconded by
Commissioner Velin.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE
DECLARED THE MOTION CARRIED AND THE HEARING OPENED AT
7:36 P.M.
Julie Jones, Planning Manager, stated the requested changes in the language were related
to increasing the surface deterioration limitations from 10 percent in several sections of
the recommended amendment. Also, the other item of concern was creating
accommodations for hardship cases. Staff has taken a look at this and is recommending
they change the deteriorating surface limitation on walls, window trims, doors, and eaves,
and soffits. Staff is, however, recommending that they leave the determination for a roof
being out of repair at 10 percent, because a roof that is 10 percent deteriorated is likely
resulting in serious damage to the interior of the home and should be corrected.
14
�
�
Ms. Jones stated they are not recommending adding additional language to the Code
related to hardship cases because the City has an appeal process already in place in the
beginning of the zoning code. Ms. Jones went on to read the applicable section (Section
205.05.6.A).
Ms. Jones stated staff thinks this language adequately covers a situation where someone
feels staff is not giving them enough time to get a violation corrected or they think the
City is being too strict in the interpreta.tion of the Code, the City has a process in place
where the property owner can make a request and the Appeals Commission would then
consider that matter. Staff had analyzed the 2007 housing condition survey data further
and believes there will be very few properties that will require significant improvements.
Ms. Jones stated that staff does work with property owners to try and resolve matters.
There was , much concer� about creating a hardship situation for senior citizen
homeowners at the last meeting, but staff actually has more options to offer senior
homeowners than others. Staff is also concerned about people in situations where they
are temporarily unemployed or on disability. She emphasized that staff always tries to
reach a resolution instead of going to court as court cases do not result in speedy
solutions. She also emphasized that negotiating the timeline for solutions to a violation is
not a new experience for staff as we deal with situations on commerciallindustrial
properties regularly. Staff does not issue a citation until it is clear a property owner is not
going to be cooperative, and their only resolution is going to court.
Ms. Jones stated there will be a second public hearing at the City Council level on April
14. Staff is still planning on having the Council conduct a first reading of the ordinance
that night, since staff would like to have the amendments in place by the time the
Planning summer interns start systematic enforcement in May.
" Commissioner Sielaff questioned if the appeals process was designed for people to
appeal that they should not have to comply with a correction order.
0
Ms. Jones replied, there could be a number of things. They could be arguing that the
timeline is unreasonable.
Commissioner Sielaff asked, for example, whether they could appeal the cost of the
correction?
Ms. Jones stated the cost of a correction is the result of staff s order, so they may be
arguing "I do not need to replace my roof." There are many different situations that
could come up.
Commissioner Sielaff stated he thought a hardship issue would be more about the cost to
upgrade. This appeals process basically covers situations where a homeowner does not
think they should have to do the repairs at all or not within the timeline.
�
0
Chairperson Savage stated an appeals process can involve all kinds of different factors.
Commissioner Sielaff was concerned that the appeal process in place still does not
address the issue of the person not being able to afford to pay for it.
Chairperson Savage stated that she thought it would certainly be included, right?
Ms. Jones stated she feels it would be because if a property owner feels staffls orders are
unreasonable, they could approach the City and say, I cannot afford to do this within the
time specified and the City could give them more time to get it done and to come up with
the money. At some point, however, staff is saying the improvement would need to be
made. Delaying these types of repairs is only causing additional damage to the home, so -
it is in the homeowner's best interest to try and get the repairs done. -
Chairperson Savage asked if the City had experience any appeals through this process
previously?
Ms. Jones replied they have not had this come up in the zoning code. The City is dealing
with over 1,000 cases a yeax for code enforcement items, but staff primarily uses the
abatement process to correct violations, and abatement assessments have a separate
appeals process. The City only had one appeal out of about 40 abatement cases assessed
last year.
Commissioner Sielaff asked if a property owner needs to go through the appeal process
to ask for an extension?
Ms. Jones replied, no, definitely not. The Planning staff offers reasonable extensions
when property owners request it 2.nd appear to be making progress towards a solution. -
There are probably 20 cases on the caseload right now that are extensions, so it is very _
common for staff to do that. _
Commissioner Saba stated he liked the increase of 10 percent to 25 percent, but he
thinks they could be a little bit more proactive on this whole issue if they took those
situations at 10 percent and issued a warning letter, letting people know the situation
could result in a violation in the future if not repaired. That way people know they have
some time to get it repaired. In the case of the roofs, he thinks the 10 percent is very
reasonable. His biggest concern is the haxdship, and he thinks Ms. Jones has explained
there are alternative paths for homeowners.
Ms. Jones stated that staff works hard on public education when it comes to code
enforcement. She will take his suggestion and see how they could implement it, but the
staff is planning to do everything they can to get the word out to people about the code
changes.
Chairperson Savage stated she agreed people should be made aware if there is a _
problem instead of initially sending them a citation. ,
36
Commissioner Velin asked how do they find out about the violations? Is someone
driving around to look at the houses or do people call in and complain?
Ms. Jones replied that last year was the first time in nine years that the City financed
systematic code enforcement. The City will be doing this again this summer. Also,
people can call in and complain.
MOTION by Commissioner Saba to close the public hearing. Seconded by
Commissioner Sielaff.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE
DECLARED THE MOTION CARRIED AND THE HEARING CLOSED AT 8:02
` P.M. .
Chairperson Savage stated she feels staff has really adequately responded to the
concerns of the commissioners including the 10 percent vs. the 25 percent. She would
agree with approving the text amendment as amended.
MOTION by Commissioner Velin approving Text Amendment, TA #08-01, to modify
the R-1, R-2, R-3, and S-1, Residential Zoning Districts to further define the level of
housing maintenance required of all residential property owners in those districts.
Seconded by Commissioner Saba.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE
DECLARED THE MOTION CARRIED UNANIMOUSLY.
2. Receive the Minutes of the March 11, 2008, Environmental Quality and
� Energy Commission Meeting.
MOTION by Commissioner Velin to receive the Minutes. Seconded by Commissioner
Saba.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE
DECLARED THE MOTION CARRIED UNANIMOUSLY.
OTHER BUSINESS
Ms. Jones sta.ted April 16 is the date of their next meeting. They do have another
teleconference prior to the meeting in the Council chambers for the Appeals Commission.
They purchased this educational opportunity for the Appeals Commission members, but
the Planning Commission members are welcome to attend, too. The teleconference will
last from 6 to 7:30pm, so the Planning Commission might have to start the meeting just a
little late.
47
ADJOURN
MOTION by Commissioner Sielaff adjourning the meeting. Seconded by
Commissioner Velin.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE
DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING
ADJOURNED AT 8:04 P.M.
Respectfully submitted,
-t�.f'l�i%j'f ' �
�/ '
Denise M. Johnson
Recording Secretary
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CRY OF
FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF APRIL 28, 2008
Date: April 24, 2008
To: William Burns,
City Manager �
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From: Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Stacy Stromberg, Planner
Subject: Special Use Permit Request, SP #08-06, Hitching Post Motorsports
M-08-12
INTRODUCTION
The petitioner, Joe Papa, on behalf of the Hitching Post Motorsports, which is located at 7651
Hwy 65, is seeking a special use permit to allow for a repair garage within the existing building
(service use) for the motorcycles and recreational vehicles that are sold as part of the business.
The City code allows repair garages as a permitted special use in the C-3, General Shopping
zoning district. Repair garages are defined as a place where major repair of motor vehicles is
conducted, including engine rebuilding or reconditioning. Though this business doesn't repair
motor vehicles, it repairs recreational vehicles which are similar enough to allow the use
through a special use permit.
PLANNING COMMISSION RECOMMENDATION
At the April 16, 2008, Planning Commission meeting, a public hearing was held for SP #08-06.
After a brief discussion, the Planning Commission recommended approval of special use
permit, SP #08-06, with the stipulations as presented by staff.
THE MOTION CARRIED UNANIMOUSLY.
PLANNING STAFF RECOMMNEDATION
City Staff recommends concurrence with the Planning Commission.
STIPULATIONS
1. Fenced-in area shall be screened in order to comply with code requirements by
December 31, 2008. Gate sha/l also be screened and remain closed, except when
being used for access to the yard, to ensure proper screening.
2. Site shall remain free of debris, vehic/e parts, and junk (inoperable) motor vehicles,
motorcycles and recreational vehicles.
3. Items in the outdoor storage area shall not exceed the height of the fence.
4. Refuse container shall be screened and located in the side or rear yard.
5. Fence material shall be reviewed and approved by City staff prior to installation.
�
City of Fridley Land Use Application
SP #08-06 April 16, 2008
GENERAL INFORMATION SPECIAL INFORMATION
Applicant:
Hitching Post
Joe Papa
7651 Hwy 65 NE
Fridley MN 55432
Requested Action:
Special Use Permit to allow a Repair
Garage.
Existing Zoning:
C-3 (General Shopping)
Location:
7651 Hwy 65
Size:
125,926 sq. ft. 2.89 acres
Existing Land Use:
Commercial Bldg. — The Hitching Post
Surrounding Land Use & Zoning:
N: Commercial Office Bldg. 8� C-3
E: Voigt Bus Service and Anderson
Trucking & M-1
S: Industrial Use & M-1
W: Commercial Uses 8� C-3
Comprehensive Plan Conformance:
Consistent with Plan
Zoning Ordinance Conformance:
Section 205.15.01.C.(3) requires a
special use permit for agencies
displaying recreational vehicles and
Section 205.15.01.C.(4) requires a
special use permit for repair garages.
Zoning History:
1986 8� 1987 — Lot platted.
1998 — Building Constructed.
Legal Description of Property:
Lot 2, Block 1 A&R Addition together
with Lot 4, Block 1 A&R Addition,
subject to easement of record.
Public Utilities
Building is connected.
Transportation:
The Hwy 65 Service Drive provides
access to the property.
Physical Characteristics:
Building, parking lot, fence in area, with
minimal landscaping.
SUMMARY OF PROJECT
The petitioner, Mr. Papa who is representing
the Hitching Post, is seeking a special use
permit to allow a repair garage (service use) to
exist on the subject property, which is located
at 7651 Hwy 65.
SUMMARY OF ANALYSIS
City Staff recommends approva! of this special
use permit request, with stipulations.
Repair garages are a permitted special use in
the C-3, General Shopping zoning district
CITY COUNCIL ACTION/ 60 DAY DATE
City Council — April 28, 2008
Existing Building
Staff Report Prepared by: Stacy Stromberg
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SP #08-06
REQUEST
The petitioner, Joe Papa, on behalf of the Hitching Post Motorsports, which is located at
7651 Hwy 65, is seeking a special use permit to allow for a repair garage within the
existing building (service use) for the motorcycles and recreational vehicles that are sold
as part of the business.
ANALYSIS
The subject property is zoned C-3, General Shopping and is located on the Hwy 65
Service Drive south of Osborne Road. The existing 140 ft. by 210 ft. building was
constructed in 1998 as a restaurant with indoor volleyball courts. Also in that year, a
sign variance was approved to increase the ����� � ��
height of the free-standing sign from 25 ft. to h
50 ft. and to reduce the setback of the sign '
from a driveway from 10 ft. to 3 ft. The n 'S
property remained as a restaurant with a �`� ��
indoor volleyball until 2005 when the � ¢'� �
,
,..
Hitching Post purchased it. T� '��
=�w:.
Recently City staff discovered that several ;.�=4 {�,,� =R;
recreational vehicles were being stored in ��� �`�'� x='� ���
the fenced in area north of the existing �t� i
,
<
�
, ,
building. After discussions with petitioner, it
was determined that this area is primarily �
used for customers to drop off their
recreationaf vehicles while they are waiting
to be serviced. Once the vehicles have been serviced, the customers then pick them up.
The petitioner has also articulated that this area is used to store seasonal Jet Ski's that
the Hitching Post has winterized for customers.
The City code allows repair garages as a permitted special use in the C-3, General
Shopping zoning district. Repair garages are defined as a place where major repair of
motor vehicles is conducted, including engine rebuilding or reconditioning. Though this
business doesn't repair motor vehicles, it repairs recreational vehicles which are similar
enough to allow the use through a special use permit.
As a result of this special use permit request, staff took a fieldtrip to analyze what other
communities require for similar type uses. Though Fridley may have a few small
businesses that sell recreational vehicles, there isn't one that is that close of a
comparison. Tousley Motorsports in Gem Lake would be considerd a close comparison
as it is a similar type business in that it has a service/repair/storage business that
associated with their retail use of recreational vehicles. In order to mitigate any negative
impacts that may occur as a result of the storage area, staff recommends that the
petitioner screen the area in a similar fashion as Tousley Motorsports has. The chain
link fence and screening gates that already exists at the Hitching Post will be required to
be screened, so vehicles are screened from view. Below are pictures of the Tousley
Motorsports facility.
11
.k;'� .
The commercial zoning code requires that all materials and commercial equipment
stored outside be screened so as to not be viewed from the public right-of-way or
neighboring properties of different zonings. By requiring the Hitching Post to screen
there outdoor service area, they will be meeting City code requirements. Similar
examples of Fridley properties that received special use permit approvals for a use that
allowed them to have an outdoor use or storage are Chopper City Sports, Wal-Mart, and
Menards. In the case of Wal-Mart and Menards, those businesses were required to
build screening walls that were architecturally compatible with their existing bUildings to
ensure proper screening.
City staff hasn't heard from any neighboring property owners.
RECOMMENDATIONS
City Staff recommends approval of this special use permit request, with stipulations.
Repair garages are a permitted special use in the C-3, General Shopping zoning
district.
STIPULATIONS �
Staff recommends that if the special use permit is granted, the following stipulations be .
attached.
1. Fenced-in area shall be screened in order fo comply with code requiremenfs
by December 31, 2008. Gate shall also be screened and remain closed,
except when being used for access to the yard, to ensure proper screening.
2. Site shall remain free of debris, vehicle parts, and junk (inoperable) motor
vehicles, motorcycles and recreationa! vehic/es.
3. ltems in the outdoor storage area shall not exceed the height of the fence.
4. Refuse container shall be screened and located in the side or rear yard.
5. Fence material shall be reviewed and approved by City staff prior to
installation.
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CffY OF
FRIDLEY
AGENDA ITEM
COUNCIL MEETING OF APRIL 28, 2008
TO: WILLIAM W. B URNS, CITY MANAGER
- FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR�
SUBJECT: RESOLUTIONPROVIDING FOR THE SALE OF $1,915,000 GENERAL
OBLIGATION IMPROVEMENT BONDS 2008A
DATE: April25, 2008
Attached is the resolution prepared by the City's Financial Advisor, Ehlers & Associates. This
resolution is required to be passed by Council to proceed with the above mentioned bond issue, This
action will start the process for the competitive sale of the General Obligation Bonds, and provide an
appropriate time frame for advertisement and review of the bids. It is the recommendation from
Ehlers to proceed with this bond issue.
This is a new bond issue that will provide the financing for the 2008 Street Project. These projects
have been previously reviewed with Council as part of the 2008 Budget.
This improvement bond issue is designed to be repaid from a general tax levy that will be certified to
- the County this fall for tax collection next year.
. It is anticipated that the bond sale will take place on May 19, 2008. Shelly Eldridge will be present at
the Council Meeting on Apri128, 2008, for any questions Council may have regarding the sale.
RDP/me
Attachment(s)
13
RESOLUTION NO. 2008 -
RESOLUTION PROVIDING FOR THE SALE OF $1,915,000
GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2008A
WHEREAS, the City Council of the City of Fridley, Minnesota, has heretofore determined that it is
necessary and expedient to issue the City's $1,915,000 General Obligation Improvement Bonds
Series 2008A (the "Bonds"), to finance improvements in the City; and
WHEREAS, the City has retained Ehlers & Associates, Inc., in Roseville, Minnesota ("Ehlers"), as
its independent financial advisor for the Bonds and is therefore authorized to solicit proposals in
accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9);
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley, Minnesota: '
Authorization; Findin�s. The City Council hereby authorizes Ehlers to solicit proposals for the sale
of the Bonds.
Meetin�; Proposal Opening. The City Council shall meet at 7:30 P.M. on May 19, 2008, for the
purpose of considering sealed proposals for and awarding the sale of the Bonds.
Official Statement. In connection with said sale, the officers or employees of the City are hereby
authorized to cooperate with Ehlers and participate in the preparation of an offcial statement for the
Bonds and to execute and deliver it on behalf of the City upon its completion.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF , 2008
ATTEST:
DEBRA A. SKOGEN — CITY CLERK
14
SCOTT J. LUND - MAYOR
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CliY �F
FRIDLEY
AGENDA ITEM
COUNCIL MEETING OF APRIL 28, 2008
TO: WILLIAM W. BURNS, CITYMANAGER
FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR
�
SUBJECT: RESOLUTIONPROVIDING FOR THE SALE OF $3,365,000 GENERAL
OBLIGATION WATER REVENUE BONDS, SERIES 2008B
DATE: April25, 2008
Attached is the resolution prepared by the City's Financial Advisor, Ehlers & Associates. This
resolution is required to be passed by Council to proceed with the above mentioned bond issue. This
action will start the process for the competitive sale of the General Obligation Bonds, and provide an
appropriate time frame for advertisement and review of the bids. It is the recommendation from
Ehlers to proceed with this bond issue.
This is a new bond issue that will provide the financing for the 2008 much needed improvements to
the city's municipal water utility. These projects have been previously reviewed with Council as part
of the 2008 Budget process.
This improvement bond issue is designed to be repaid from revenues generated from the Water
Utility.Fund.
It is anticipated that the bond sale will take place on May 19, 2008. Shelly Eldridge will be present at
the Council Meeting on April 28, 2008, for any questions Council may have regarding the sale.
RDP/me
Attachment(s)
15
RESOLUTION NO. 2008 -
RESOLUTION PROVIDING FOR THE SALE OF $3,365,000
GENERAL OBLIGATION WATER REVENUE BONDS, SERIES 2008B
WHEREAS, the City Council of the City of Fridley, Minnesota, has heretofore determined that it is
necessary and expedient to issue the City's $3,365,000 General Obligation Water Revenue Bonds
Series 2008B (the "Bonds"), to finance improvements in the City; and
WHEREAS, the City has retained Ehlers & Associates, Inc., in Roseville, Minnesota ("Ehlers"), as
its independent financial advisor for the Bonds and is therefore authorized to solicit proposals in
accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9);
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley, Minnesota: -
Authorization; Findin�s. The City Council hereby authorizes Ehlers to solicit proposals for the sale
of the Bonds.
Meeting; Proposal Opening. The City Council shall meet at 7:30 P.M. on May 19, 2008, for the
purpose of considering sealed proposals for and awarding the sale of the Bonds.
Official Statement. In connection with said sale, the officers or employees of the City are hereby
authorized to cooperate with Ehlers and participate in the preparation of an official statement- for the
Bonds and to execute and deliver it on behalf of the City upon its completion.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS _
DAY OF , 2008.
SCOTT J. LUND - MAYOR
ATTEST:
DEBRA A. SKOGEN — CITY CLERK
16
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� AGENDA ITEM
CITY COUNCIL MEETING OF
�' °F APRI L 28, 2008
FRIDLEY
To: William. W. Burns, City Manager �`�`
From: Richard D. Pribyl, Finance Director �
Debra A. Skogen, City Clerk
- Date: April 24, 2008
Re: Resolution in Support of Lawful Gambling Premise Permit Renewal for Blaine
Jaycees located at the Fridley Crab House Music Cafe, 6161 Highway 65 NE
Section 30 of the Fridley City Code allows Lawful Gambling by a licensed organization. The Blaine
Jaycees are currently conducting lawful gambling at the Fridley Crab House Music Cafe located at
6161 Highway 65 NE. Their current lease will expire on June 30, 2008.
The renewal application requires a resolution of support from the City Council. If approved, the
premise permit would be effective for two years beginning July l, 2008, and ending June 30, 2010.
Please find a resolution in support of a Lawful Gambling Premise Permit Renewal for the Blaine
Jaycees. Staff recommends approval of the premise permit by adoption of the attached resolution.
17
RESOLUTION NO. 2008 -
RESOLUTION IN SUPPORT OF A RENEWAL APPI.ICATION FOR A NIINNESOTA
LAWFUL GAMBLING PRENIISE PERIVIIT FOR BLAINE JAYCEES AT FRIDLEY CRAB
HOUSE MUSIC CAFE LOCATED AT 6161 HIGHWAY 65 NE
WHEREAS, the City of Fridley has been served with a copy of an Application for a Minnesota Lawful
Gambling Premise Permit Renewal for the Blaine Jaycees; and
WHEREAS, the location of the Premise Permit is for the Fridley Crab House Music Cafe, 6161
Highway 65 Northeast; and
WHEREAS, the Lawful Gambling Premise Permit would be effective for two years beginning July l,
2008 and ending June 30, 2010; and
WHEREAS, the City of Fridley has found no reason to restrict the location for the lawful gambling
operation.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley approves the
Minnesota Lawful Gambling Premise Permit Application for the Blaine Jaycees at Fridley Crab House
Music Cafe located at 6161 Highway 65 Northeast.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY
OF 2008.
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
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SCOTT J. LUND - MAYOR
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� AGENDA ITEM
COUNCIL MEETING OF APRIL 28, 2008
CffY OF
FRIDLEY
CLA1 MS
136386 -136537
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� AGENDA ITEM
� CITY COUNCIL MEETING OF APRIL 28, 2008
�°F LICENSES
FRIDLEY
Type of License
Message Therapy
Applicant
MELISSA C SCHULTZ
COLLEEN ROSKOWIAK
Food ZANTIGO
Donald Kaelble
255 57�' Ave NE
Tree Removal/Treatment
Rinconcito Latino Restaurant
previously Manana 2
Maria Baires
7891 East River Road
ERICSON PORPERTIES LLC
dba POP'S PIZZA SHOP
Previously Pizza Flame
Mark Erickson
317 Osborne Road
PERKINS RESTAURANT &
BAKERY
Perkins & Marie Callender's , Inc
7520 University Ave NE
Taste of Thailand, Inc
Lamphay Phetphrachauh
7890 University Ave
Anderson Tree Services
James M Anderson
671 Cheri Lane
Gosiak Tree Service
Robert Gosiak
Little Falls MN
2�
Approved By; `
Police Department
Community Development
Fire Inspectar
Police Department
Public Works
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; ?&'i '"i7� �u'3'-se4 ��'��
� � ���t'
� m�� � � � � ..
,. , , m ...� :�;�.�w.2'i'�.��b o. . ..�,. � . ... � � _ .-.. __ . . . .. . . .
Tree Removal/Treatment Drobnicks Tree Service Public Works
John Drobnick
Blaine Minnesota
Refuse Hauler, Garbage
Pawn Shop
Pawn Shop Managerial
Waste Management of Minnesota Recycling Department
Blaine MN
Cash n Pawn
Daniel Halvorsen
201 57�` Ave NE
Police Department
Poppy Sale Doris Anderson Pres. Auxiliary Police Department
Charitable Organization Fridley VFW Post
1040 Osborne Road
Used Motor Vehicles
Auto Body w/ Used Dealer
�
Auto Body Repair
�
Auto's On Line
Harold Eiss
5649 University Ave NE
Fridley Motor Company dba
Friendly Chevrolet
Loren Holub President
.T Peterson Inc dba
City Collision & Glass
Jeremy Peterson
Auto Body Shop
Michael E Morris
220 Rice Creek Terrace
Simba Collision
Pius Raini
7869 Beech St NE
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Police Department
Community Development
Police Department
Community Development
Fire Department
Police Department
Community Development
Fire Department
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FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF APRIL 28, 2008
LICENSES
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CffY OF
FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF APR. 28, 2008
Date: April 24; 2008
To: William Burns, City Manager (��
�
From: Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Subject: Ordinance Declaring Certain Properly Surplus and Authorizing Sale
Background
About a year ago, Planning staff was approached by Justin Chapweske, who lives at 530 Dover Street NE in
Fridley, regarding the possibility of purchasing vacant land south of his property. This property is actually
five, narrow, land-locked lots owned by the City. Engineering staff was consulted and reported that the land
was no longer needed by the City. The Chapweske's are interested in combining this property with their
property at 530 Dover as it would give them access to Springbrook Creek and provide added feasibility to
install a retaining wall to protect their back yard from erosion.
Staff has worked with the City Attorney to develop a purchase agreement that establishes a selling price of
the property of $12,435, which is $1/sq. ft., the standard price the City has used for sale of non-buildable
land. In the purchase agreement, the buyer is also obligated to pay the $1,500 cost ofthe public hearing
process and all closing costs related to the sale.
As required by statute, staff advertised a public hearing to consider the ordinance. After further thought,
although it might not be required by statute, staff felt it best to also notify all properly owners within 350' of
the potential land sale. Since it is too late to meet the standard 10 day notification deadline, staff would like
to postpone the public hearing until the next Council meeting.
Recommendation
Staff recommends that the City Council postpone the public hearing for the attached ordinance to the May 5
City Council meeting, allowing staff time to complete a mailing to all properly owners within 350' of City
owned property legally described as Lots 4 through 8, inclusive, of Block M, Riverview Heights, generally
located on Springbrook Creek NE of the intersection of Broad Avenue and 79`� Way.
23
ORDINANCE NO.
AN ORDINANCE UNDER SECTION 12.06 OF THE CITY CHARTER DECLARING
CERTAIN REAL ESTATE TO BE SURPLUS AND AUTHORIZING THE SALE
THEREOF.
SECTION 1. The City of Fridley is the fee owner of the tract of land within the City of
� Fridley, Anoka County, State of Minnesota, described as follows:
Lots 4 through 8, inclusive, of Block M, Riverview Heights, as
recorded in the office of the Anoka County Recorder and subject
to an easement of record
SECTION 2. It is hereby determined by the City Council that the City no longer has
any reason to continue to own said property, and the City Council is
hereby authorized to transfer the property to Justin and Natalie
Chapweske at 530 Dover Street NE, Fridley, MN for disposal.
SECTION 3. The Mayor and City Clerk are hereby authorized to sign the necessary
contracts and deeds to affect the transfer of the above-described real
estate.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF
FRIDLEY THIS DAY OF , 2008.
ATTEST:
DEBRA A. SKOGEN — CITY CLERK
Public Hearing: May 5, 2008
First Reading: May 5, 2008
Second Reading:
Publication:
SCOTT J. LUND — MAYOR
24
: �
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� AGENDA ITEM
CITY COUNCIL MEETING OF APR. 28, 2008
CffY t?F
FRIDLEY
Date: April 22, 2008 �
To: William Burns, City Manager ��R
From: Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Stacy Stromberg, Planner
Rachel Harris, Environmental Planner
Subject: Second Reading Ordinance for Text Amendment TA #08-01, Housing
Maintenance Requirements in R-1, One-Family Dwelling District, R-2, Two-Family
Dwelling District, R-3, General Multiple Dwelling District, and S-1, Hyde Park
Neighborhood District
Background
On April 14, the City Council held a public hearing for the purpose of considering changes to the housing
maintenance requirements in the residential sections of the Fridley Zoning Code. The first reading of the
proposed ordinance was also completed at that meeting. This was done to allow for the amendments to be
adopted by the time the Planning Division's summer interns start systematic code enforcement
inspections in late May.
One change to the draft code language in this text amendment was suggested by staff and received
favorably by the City Council during the public hearing. The change discussed involved adding the words
"and doors" to the second sentence of Section 205.07.06.G(3) on the first page of the ordinance,
addressing window openings. The same change is made in the other three corresponding sections of the
text amendment. This addition would prevent, for example, a homeowner from choosing to remove an
overhead garage door instead of repairing or replacing it.
Recommendation
Staff recommends that the City Council conduct the second reading of the attached ordinance for text
amendment TA #08-01 on Apri128, which will amend the maintenance language in R-1, One-Family
Dwelling District, R-2, Two-Family Dwelling District, R-3, General Multiple Dwelling District, and S-1,
Hyde Park Neighborhood District, to include additional housing maintenance requirements for five basic
exterior home conditions: roofs, gutters and downspouts, siding, fascia and soffits, and windows and doors,
including garage doors. The ordinance will then be published on May 8, 2008 and wi1) become effective 15
days after publication.
25
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QfY OF
FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF APR. 28, 2008
Date: April 23, 2008
To: William Burns, City Manager �
�
From: Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Stacy Stromberg, Planner
Rachel Hanis, Environmental Planner
Subject: An Ordinance Suminary for TA #08-01 Housing Maintenance Requirements in Zoning
Code
Background
On April 14, 2008, the Fridley City Council held a public hearing on Text Amendment #08-01, which
proposes changes to the Zoning Code regarding housing maintenace reyuirements four zoning districts. A
first reading of the attached ordinance was also completed at the April 14 City Council meeting. An
addition to one sentence has been made since the first reading related to replacement of doors. The second
reading is scheduled for the April 28, 2008 City Council meeting.
In order to save expenses in publicizing a long document such as the attached, the City Charter allows the
City to publish an ordinance summary. Staff makes the full ordinance available for public review upon
request.
Recommendation
Staff recommends that the City Council approve publication of the attached summary ordinance for TA
#08-01 at the April 28, 2008 City Council meeting. Staff will then, publicize the summary ordinance,�
making the full ordinance available for public review.
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ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 205 OF THE FRIDLEY CITY CODE
PERTAINING TO HOUSING MAINTENANCE REQUIREMENTS
AND SUMMARY
I. Title
An ordinance of the City of Fridley, Minnesota, amending the Fridley City Code to
change maintenance performance standards on residential properties for the purpose of
protecting the economic value and structural integrity of residential buildings.
II. Summarv
The City Council of the City of Fridley does hereby ordain as follows:
That Chapter 205 is hereby amended to require basic exterior maintenance of structures on
residential property. This amendment would apply the same language change to Chapters
205.07.06, 205.08.06, 205.09.07, 205.23.07.
III. Notice
This title and summary has been published to clearly inform the public of the intent and
effect of the City of Fridley's Zoning Code. A copy of the ordinance, in its entirety, is
available for inspection by any person during regular business hours at the offices of the
City Clerk of the City of Fridley, 6431 University Ave N.E., Fridley, MN.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY
THIS DAY OF . 2008.
ATTEST:
DEBRA A. SKOGEN, CITY CLERK
Public Hearing March 19, 2008
Public Hearing: April 14, 2008
First Reading: April 14, 2008
Second Reading: April 28, 2008
Published: May 8, 2008
33
SCOTT J. LUND, MAYOR
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CTfY OF
FRIdLEY
AGENDA ITEM
CITY COUNCIL MEETING OF APRIL 28, 2008
INFORMAL STATUS REPORTS
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