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03/04/1996 - 4844`� 4� 9 �� R, OFFICIAL CITY COIINCIL AGENDA COIINCIL MEETING MARCH 4, 1996 �. , / � cinor Fwo��r FRIDLEY CITY COONCIL MEETING ATTENDENCE SHEET Manday, Manch 4, 1996 7:30 P.M. PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN PRINT NAME (CLEARLY) �� i�1 I ' �i l�rfit; �� 0 f�';` ADDRESS W ITEM NUMBER � FRIDLEY CITY COUNCIL MEETING OF � an oF MARCH 4, 1996 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 adiviries because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE: PROCLAMATION: Volunteers of America Week: March 3- 10, 1996 APPROVAL OF MINUTES: City Council Meeting of February 26, 1996 FRIDLEY CITY COUNCIL MEETING OF MARCH 4, 1996 APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS: Second Reading of an Ordinance Recodifying the Fridley City Code, Chapter 31, Entitled "Pawn Shops," by Amending Sections 31.07, 31.08, 31.11, 31.12, 31.13, and Adding New Section 31.14, and Renumbering the Remaining Sections Consecutively, and Amending Chapter 11, "General Provisions and Fees" . . . . . . . . . . . . . . . . . . . . . . . . NEW BUSINESS: PAGE 2 1.01 - 1.11 Motion Approving Official Title and Summary Ordinance of Ordinance Amending the Fridley City Code, Chapter 31, "Pawn Shops," and Chapter 11, "General Prov,isions and Fees" ................................. 2.01 Receive the Minutes of the Planning Commission Meeting of February 7, 1996 .......................••-•-•-....... 3.01-3.27 `�1 ■ FRIDLEY CITY COUNCIL MEETING OF MARCH 4, 1996 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUEDI: PAGE 3 Establish a Public Hearing for March 18, 1996, for an Ordinance Amendment to Classify gravel and/or Dirt Driveways as a Nuisance and : Prohibit Their Use . . . . . . . . . . . . . . . . . . . . . . . . . . 4.01 - 4.02 Establish a Public Hearing for March 18, 1996, for an Ordina�tce Amendment to Include Provisions Related to the Definition and Removal of Jun�c or Unsafe Vehicles from Private Property . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.01 - 5.07 Establish a Public Hearing #or March 18, 1996, for an Ordinance Amendment Prohibiting the Return of Abated Property to its Original Location if it Continues to be in Violation of City Ordinances . . . . . Resolution in Support of a Renewal Appiication for a Minnesota Lawful Gambling Premise Permit to Knights of Columbus Council 4381 Fridley ............. 6.01 -6.02 (Ward 2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7.01 - 7.02 FRIDLEY CITY COUNCIL MEETING OF MARCH 4, 1996 PAGE 4 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED� Claims .........................:.......... 8.01 Licenses ................................. 9.01 Estimates ................................. 10.01 ADOPTION OF AGENDA: OPEN FORUM, VISITORS: (Consideration of Items not on Agenda - 15 Minutes) OLD BUSINESS: 1996 Appointments to City Commissions (Tabled January 8, 1996) . . . . . . . . . . . . . . . . . . . . . . . . . 11.01 - 11.02 FRIDLEY CITY COUNCIL MEETING OF MARCH 4, 9996 PAGE 5 NEW BUSINESS: First Reading of an Ordinance to ' Amend the City Code of the City of Fridley, Minnesota, by Making a ' Change in Zoning Districts (Rezoning Request, ZOA #95-01, by The Rottlund Company, Inc., Generally Located South of Mississippi Street, West of University Avenue, and North of Satellite Lane) (Ward 1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12.01 -12.11 First Reading of an Ordinance Under Section 12.07 of the City Charter to Vacate Streets and Alleys and to Amend Appendix C of the City Code (Vacation Request, SAV #95-02, by The Rottlund Company, Inc., Generally Located South of Mississippi Street, West of University Avenue, and North of Satellite Lane) (Ward 1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13.01 - 13.04 Resolution Approving Plat Request, P.S. #95-01, Christenson Crossing (By The Rottlund Company, Inc., Generally Located South of Mississippi Street, West of University Avenue, and North of Satellite Lane) (Ward 1) . . . . . . . . . . . . . . . . . . . 14.01 - 14.12 Informal Status Reports . . . . . . . . . . . . . . . . . . . . . . . 15.01 ADJOURN: f..� FRIDLEY CITY COUNCIL MEETING OF MARCH 4, 1996 ,!'/�-�`i`s°`� _ � ` CtTY OF FRIDLEY The City of Fridley will not discriminate a�ainst 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 allo�v individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE• PROCLAMATION: Volunteers of America Week March 3 -10, 1996 .�2- o�--� -,�. �'�-�ot.�-N-r'1-+,.t�-r -�c�.� ✓��a�+�`�` — !✓ iL� �GU.�t-�J — APPROVAL OF MINUTES• � ��"�`�`"""�� City Council Meeting of February 26, 1996 � f��_ �ti„-�ao ��-�-- �-��,�-�.-�-� APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS: Second Reading of an Ordinance - Recodifying the Fridley City Code, Chapter 31, Entitled "Pawn Shops,° by Amending Sections 31.07, 31.08, 31.11, 31.12, 31.13, and Adding New Section 31.14, and Renumbering the Remaining Sections Consecutively, and Amending Chapter 11, "General Provisions and Fees" _ . . . . . . . . 1.01 - 1.11 �-;�-�� c..��=y � � � � �� - � NEW BUSINESS: Motion Approving Official Title and Summary Ordinance of Ordinance Amending the Fridley City' Code, Chapter 31, "Pawn Shops," and Chapter 11, "General Provisions andFees" ......_...-•--....2.01 ') ' V' "-��,.�-��- �,� NEW BUSINESS {CONTINUEDI• Receive the Minutes oi the Planning Commission Meeting of Febnaary 7, 1996 . . . . . . . . . . . . . . . . . . . . 3.01 - 3.27 ��' t_ z-C' Establish a Public Hearing for March 18, 1996, for an Orciinance Amendment to Classify gravel and/or Dirt Drnreways as a Nuisance and Prohibit Their Use . . . . . . . . . . . 4.01 - 4.02 � ��- ��-.� � 3/�� Establish a Public Hearing for March 18, 1996, for an Ordinance Amendment to Include Provisions Related to the Definition and Removal of Junk or Unsafe Vehicles from Private Property . . . . . . . . . . . . . 5.01 - 5.07 �-e � �'"'�. �" 3�� Establish a Public Hearing for March 18, 1996, for an Ordinance Amendment Prohibiting the Return of Abated Property to its Originaf Location if it Continues to be in Viotation of City Ordinances ... 6.01 - 6.02 ,` t j�.'� �- �� Resolution in Support of a Renewal Application for a Minnesota Lawfu� Gambling Premise Permit to Knights of Columbus Council 4381 Fridley (VVard 2) . . . . . . . . . . . . . . . . . . 7.01 - 7.02 �� l��r� �Gt� t _- r APPROVAL OF PROPOSED CONSENT AGENDA- NEW BUSINESS (CONTINUED� Claims . . . G'.%C /�:-`:`.''.`. � 8.01 ` G Licenses . L.'�.��.�:Y :�"'�..`_ 9�1 % � Estimates . . . . `' �� . . . . . . . 10.01 ADOPTION OF AGENDA: , , Z � �. � ��. OPEN FORUM. VISITORS: NEW BUSINESS LCONTINUED): First Reading of an Ordinance Under Section 12.07 of the City Charter to Vacate Streets and Afieys and to Amend Appendix C of the City Code (Vacation Request, SAV #95-02, by The Rottlund Company,lnc_, Generally Located South of Mississippi Street, West of University Avenue, and North of Satellite Lane) (Ward 1) . . . . . . . . . . . . . . . . . . . . � 3.01 -13.04 /�� l ` Resolution Approving Plat Request, P.S. #95-01, Christenson Crossing {By The Rottlund Company, Inc., Generally tocated South of Mississippi Street, West of University Avenue, and No�th of Satellite lane) (Ward 9) . . . . . . 14.01 -14.12 �-c� /�1 ��-r-� �' "�. � ��'�' ��.� . �� ',��i��/ �.�--v- c �' h . %� � ,'�-'��-- l� •��_�"`"`'� . _- (Consideration of Items not on Agenda - 15 Minutes) G �, � %2-� .. j� �-.----L. f OLD SUSINESS: 1996 Appointments to City Commissions (Tabled January 8, 1996) . . . . . . . . . . . . 11.01 - 11.02 a ��. /��` ��-� �u �- ^ _ �[ -lC -C ti-y:t �i 2`�a-�'-�- � p�t�:<--� % --Y�__ ____ ��-=wr=- x--- �� NEW BUSINESS• ��,�,�� First Reading of an Ordinance to Amend the City Code of the City of Fridley, Minnesota, by Making a Change in Zoning Districts (Rezoning Request, ZOA #95-01, by The Rottlund Company, Inc., Generally Located South of Mississippi Street, West of University , Avenue, and North of Satellite Lane) (Ward 1) . . . . . . . . . . . . . . . . . . . . 12.01 - 12.11 ,��,�' / �. Informal Sta!us Reports . . . . . . . . . . . . . . 15.01 ��/1 � ""'r-'.� °"�'w-� � � r-�'.,�..�`� „ --G% -.�-� 2.� �`. � ��Y-� ' 'l �'. : �.,,e, �, ,�� . /u�=r=�r � �° t �-- �� y��,� . ADJOURN: `/,' �� /- � ♦ VOLUI�ITEERS OF AMERICA WEEK Mauch 3 - 10, 1996 William J. Nee Mayo� fridley, MN. WHEREAS, the Volunteers of America, a Christian human service organization, is celebrating its IOOth year of service to the people of Minnesota and the nation; and, WHEREAS, the Volunteers of America serves adults and the elderly by providing 6 homes for mentally disabled, mentally ill, chemically dependent and/or elderly; congregate dining for seninrs at 45 sites in Anoka and Hennepin Counxies; home delivered meals for persons over 60 years of age; semi-independent living services and supported living services; 3 housing complexes for families, the handicapped and the elderly; 3 assisted living communities; and 4 long-term health care facilities; and, WHEREAS, children and youth are served through a children's daycare; programs serving autistic and/or developmentally disabled youth; children's shelters; in-home services; 52 foster treatment homes and correction group homes; a residential treatment center for emotionally handicapped boys; a specialized behavioral program for boys with severe problems; and short-term, after care for youth with special needs; and, WHEREAS, Volunteers of America provides 2 correctional services: a pre-release and work-release correctional program serving men; and a women's jail, workhouse and work-release program; and, WHEREAS, Volunteers of America, through its dedicated staff, volunteers, and marry financial contributions has made a signifccant impact on the people of Fridley; and, WHEREAS, Volunteers of America is commemorating its founding in 1896 and urges others to join them in bridging the gap between human needs and the resources of the public and private sector; NOW, THEREFORE, BE IT RESOLVED that I, William J. Nee, Mayor of the City of Fridley, hereby proclaim March 3- 10, 1996, as: in the Ciry of Fridley. YOLUNTEERS OF AMERICA WEEK IN WITNESS WHEREOF, I have set my hand and caused the seal of the City of Fridley to be af�ixed this 4th day of Mar�h, 1996. � WILLIAM J. NEE, MAYOR THTs MINIIT88 OF TH8 FRIDLEY CITY COIINCIL METTINt3 OF FEBRIIARY 26, 1996 THE MINIITES OF THE RBGIILAR MEETING OF THL FRIDLLY CITY COIINCIL OF FEBRIIARY 26, 1996 The Regular Meeting of the Fridley City Council was called to order by Mayor Nee at 7:30 p.m. : PLEDGE OF ALLEGIANCE: Mayor Nee Ied the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL• MEMBERS PRESENT: Mayor Nee, Councilwoman Jorgenson, Councilman Billings, Councilman Schneider and Councilwoman Bolkcom MEMBERS...ABSENT: None APPROVAL OF MINUTES: COUNC�L MEETING. FEBRUARY 12. 1996: MOTION by Councilwoman Jorgenson to approve th presented. Seconded by Councilman Schneider. Upon all voting aye, Mayar Nee declared the motion carrie APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS: e minutes as a voice vote, d unanimously. l. APPROVE AGREEMENT FOR LEGAL SERVICES BETWEEN THE CITY OF FRIDLEY AND NEWOUIST & EKSTRUM. CHARTERED, AND CARL J. NEW4iJIS� (TABLED JANUARY 22, 1996): Mr. Burns, City Manager, stated that this contract is for criminal prosecution services for the City. He stated that this item had been tabled because of the issue of an indem- nification clause. He stated it has been learned that Newquist & Ekstrum's insurer will not insure them if they sign a contract with an indemnification clause. He stated that the attorneys at the League of Minnesota Cities have verified that the indemnification clause may cause a problem. He stated that the League of Minnesota Cities did not check with in- surance carriers before recommending that the City include an indemnification clause in the attorneys contracts. Mr. Burns stated that the absence of an indemnification clause in the contract does not mean that the City is not insured. He stated it simply means that if the City is sued for actions of the prosecuting attorneys, the City's liability carrier would need to bring a separate suit against the liability FRIDLEY CITY COIINCIL ME$TING OF FEBRIIARY 26 1996 PAGE 2 carrier for the attorneys. He stated that the contract requires that the prosecuting attorneys carry professional liability insurance. Mr. Burns stated that this matter has been reviewed with the City Attorney, and he is in agreement that the indemnification language should be dropped. He stated it is recommended that the contract be approved without the indemnification clause. He stated that the contract is for a three-year period with fees of $63.75 per hour for 1996; $70.00 per hour for 1997; and $75.00 per hour for 1998. APPROVED CONTRACT FOR LEGAL SBRVICES BETWELN TH8 CITY AND NEWQIIIST & ERBTRIIM, CBARTER$D, AND CARL J. NEWQIIIST. 2. VARIANCE REOUEST, VAR #95-23. BY JAMES KIEWEL TO INCREASE THE MAXIMUM SIZE OF A FIRST ACCESSORY STRUCTURE FROM 1 000 SOUARE FEET TO 1.392 SOUARE FEET. AND TO ALLOW AN ACCESSORY STRUCTURE TO EXCEED THE FIRST FLOOR AREA OF A.DWELLING UNIT IN ORDER TO ALLOW CONSTRUCTION OF A 34 FOOT BY 24 FOOT ADDITION TO AN EXISTING GARAGE. GENERALLY LOCATED AT 1631 RICE CREEK ROAD N.E. (WARD 2) (TABLED OCTOBER 23 1995)• Mr. Burns, City Manager, stated that the application for this variance was filed in August, 1995 and last considered by Council on October 23, 1995. He stated that this variance request was tabled until staff completed a comparative study of accessory structures law. He stated that this research has been completed, and it is recommended that requirements for accessory structures remain the same. Mr. Burns stated it is recommended that a variance of 392 square feet be approved (total size of structure is 1,392 square feet) with four stipulations which he outlined. GRANTED VARIANCE REQIIEST� VAR �95-23, WITH TH8 FOLLOWING STIPIILATIONB: (1) T8E PETITIONER SHALL PROVIDE A HARDSIIRFACE DRIVEWAY TO THE GARAGE ADDITION BY OCTOBER 1,1997; (2) THE ACCESSORY STRIICTIIRE SBALI, NOT B8 IISED TO CONDIICT A 80ME OCCII- PATION, AS PROHIBITBD BY BECTION 205.03.34 OF °1'HE FRIDLEY CITY CODE; (3) THE IIPPER LEVEL OF THE GARAGE SHALL NOT BE CONVERTED TO LIVING SPACB WITHOIIT APPLICATION AND APPROVAL OF ALL REQIIIRED PERMITB; AND (4j THE NECESSARY PERMITS SIiALL B8 OBTAINED PRIOR TO CONSTRIICTION OF THE PROPOSED ADDITION. NEW BUSINESS• 3. APPROVE ADDENDUM TO THE CITY OF FRIDLEY/METROPOLITAN COUNCIL SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM CONTRACT FOR ADMINISTRATIVE SERVICES: Mr. Burns, City Manager, stated that this addendum allows the City's Section 8 coordinator to provide services to clients FRIDLEY CITY COIINCIL MEETING OF FEBRIIARY 26, 1996 PAG$ 3 in Spring Lake Park. He stated that there are approximately 44 clients to be served in Spring Lake Park as a result of this contract change. He stated that the City is already providing services to clients in St. Anthony as a result of a 1994 addendum. He stated that additional contracts allow the city to maintain Section 8 revenue stream in context of a declining Fridley clie�t base. APPROVED ADDENDIIM TO � CITY OF FRIDI.BY/METROPOLITAN COIINCIL SLCTION 8 HOIISINt3 ASSISTANCE P1oiYMENTB PROGRl�iM CONTRACT FOR ADMINISTRATIVE SERVICEB. 4. RESOLUTION N�J. 11-1996 RECEIVING THE PRELIMINARY REPORT AND CALLING FOR A PUBLIC HEARING ON THE MATTER OF CONSTRUCTION OF CERTAIN IMPROVEMENTS: 1996 STREET TMPRt)VEMENT PROJECT NO ST. 1996-2 (WARD 3): Mr. Burns, City Manager, stated that this improvement involves Alden Way frorn Osborne Way to 73th Way. He stated that the project include� widening the s�reet to 32 feet and replace- ment of bituminous curbing with concrete curb and gutter. He stated this is an MSA project at an estimated cost of $230,000. HP stat�d that the curb and gutter would be assessed to the prop�rty owners at a cost not to exceed $11.00 per front foot. He stated that an informational meeting was held on January 30, 1996 with the residents. ADOPTED RESOI,IITION NO. 11-1996. 5. APPROVE CHANGE ORDER NO. 2 TO THE 1995 STREET IMPROVEMENT PROJECT NO. ST. 1995 - 1& 2: Mr. Burns, City Manager, stated that this change order applies to 69th Avenue where Class V aggregate needed to be installed, as the base under the street was found to be oil stabilized sand. He stated that the additional cost for the Class V aggregate was $26,522 but was partially offset by lower cost for replacement of concrete driveways which had been projected at $26,5�30. He stated tha� practically speaking, however, the change order represents a$26,522 addition, but it is for an $8.00 deduction, AIITHORIZED CHANGB ORDER NO. 2 TO THE 1995 STREET IMPROVEMENT PROJECT NO. ST. 1995 - 1& 2 WITH HARDRIVEB, INC. FOR A DEDIICTION IN THE AMOIINT OF $8.00 AND A REVISLD CUNTRACT AMOIINT OF $569,597.65. 6. APPROVE MEMORANDUM OF UNDERSTANDING BETWEEN THE ANOKA COUNTY CONSERVATION D�STRICT AND.THE CITY OF FRIDLEY FOR WETLAND CONSERVATION ACT REIMBURSEMENT: Mr. Burns, City Manager, stated �hat the Anoka County Conser- vation District has received block grant funds from the FRIDLEY CITY COIINCIL MFET_ING OF FEBRUARY 26, 1996 PAGB 4 Minnesota Board of Water and Soil Resources. He stated that funding is provided as an offset to costs of administering the 1991 Wetland Conservation Act. He stated Fridley is to re- ceive $1,250 that is distributed quarterly for actual aosts of administering the Wetland Conservation Act. He stated that the amount received from the County Conservation District is'- to be matched by Fridley with cash or in-kind services. APPROVED T8$ MBMORANDUM OF IINDERSTANDING BETWL'r8N THE ANORA COIINTY CONSLRVATION DISTRICT AND T8E CITY FOR WETLAND CONSERVATION ACT REIMBIIRSEMENT. 7. RECEIVE BIDS AND AWARD CONTACT FOR UPFRONT GANG ROTARY MOWER: Mr. Burns, City Manager, stated that the Public Works budget includes $31,000 for the purchase of an upfront gang rotary mower to replace a smaller upfront mower that is used for mowing fihe parks. He.stated �hat the wider mower will allow better productivity in parks mowing. He stated that the low bidder is Cushman Motor Company for $30,921.21. RECEIVED T8E FOLLOWING BIDS FQ�flt AN IIPFRONT GANG ROTARY MOWER: CIISHMAN MOTOR COMPANY� $30�921.21; HORST DISTRIBIITION COMPANY� $35�118.38; AND MIDW�;ST SPECIALTY SALEB� INC., $33,872.39. AWARDED CONTRACT TO THE LOW BIDDER CII�%IMAN MOTOR COMPANY IN THE AMOONT OF $30,921.21. 8. RECEIVE BIDS AND AWARD CONTRACT FOR ELECTRONIC IMAGING SYSTEM: Mr. Burns, City Manager, stated that bids were received for an electronic imaging system that uses laser technology for the storage of records. He stated that this allows for easy retrieval of records via computer terminal and replaces older microfiche technology. He stated that the City has been studying the use of this technology for a number of years and has delayed implementation pending changes in the technology that have made it more affordable. Mr. Burns stated that the equipment would be housed and operated out of the City Clerk's office with materials distributed by file server to departmental PC�s. He stated that this new technology will allow for greater accessibility of records to departments, Council and the public. Mr. Burns stated that RFP's were sent to vendors, and three responses were received that met the specifications. He stated it is recommended that the electronic imaging equipment be pur-chased from Ameridata Systems, Inc. at a five-year cost of $76,257. He stated that.this includes the price of initial hardware, software, and training costs of $50,498 and a five- year maintenance contract for $25,759. He stated that the funds for this equipment and services were originally budgeted FRIDLEY CITY COIINCIL MEETING OF FEBRIIARY 26, 1996 PAGE 5 as a 1995 expenditure and $74,000 was encumbered and does cover the 1996 cost of $50,498. He stated that the mainte- nance contract costs would be funded in 1997 and beyond. RFCEIVED THE FOLLOWING BIDS FOR TH8 ELECTRONIC IMAGING SYSTEM, WHICH INCLIIDES A FIVE-YEAR MAINTgNANCE CONTRACT: AMI, $86�747; ASI� $76�257; AND CMI� $67�694. AWARDED TH8 CONTRACT TO AMFRIDATA (ASI) FOR $50,498 PLIIS A FIVE-YEAR MAINTENANCE CONTRACT OF $25,759 FOR A TOTAL OF $76,257. 9. RESOLUTION NO. 12-1996 IN SUPPORT OF A RENEWAL APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT TO ALCOHOL BEVERAGE INDUSTRIES BROOKLYN CENTER WORLD ASSOCIATION (SHOREWOOD INN, WARD 2): Mr. Burns, City Manager, stated that the applicant is Alcoholic Beverage Industries Brooklyn Center World Association formerly known as WAABI. He stated that the Police Department has had no problems with pull tab operations at this location. ADOPTED RESOLIITION NO. 12-1996. 10. RESOLUTION NO. 13-1996 IN SUPPORT OF A RENEWAL APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT TO MOOSE LODGE 38 FRIDLEY (WARD 3): Mr. Burns, City Manager, stated that the applicant is Moose Lodge #38. He stated that the Police Department has had no problems with pull tab operations at this location. ADOPTED RESOLIITION NO. 13-1996. 11. RESOLUTION NO. 14-1996 APPROVING ALLOCATION OF DAMAGES AND AUTHORIZING PAYMENT THEREOF (MINNESOTA POLICE RECRUITMENT SYSTEM LAWSUIT)' Mr. Burns, City Manager, stated that Fridley has been a party to a joint powers agreement through which recruitment and testing of police officer candidates is provided. He stated that as a result of the lawsuit brought my minority police applicants, the 36 member cities have been asked to pay monetary damages and attorneys' fees. He stated that the Minnesota Police Recruitment System Board has developed a formula for allocating the monetary damages for the 36 participant cities. Mr. Burns stated that the MPRS Board is asking each of the 36 cities to pass this resolution in order to be prepared for the allocation of damages when the judge's final order is received. He stated that under this formula, twenty percent of the cost would be divided equally among the 36 cities, and FRIDLEY CITY COIINCIL MEETING OF FEBRUARY 26, 1996 PAG$ 6 12. 13. 14. the remainder of the cost (80 percent) would be divided on the basis of population. Mr. Burns stated that in a court order in November, 1995, the Court determined that the 36 cities are obligated to pay $156,688 in damages to two plaintiffs for lost wages and emotional distress and pay $8,500 to each of the two plain- tiffs for punitive damages. He stated that the court has not yet made an award for attorneys fees. He stated that this resolution relates solely to the formula and not to specific costs. ADOPTBD RESOLIITION NO. 14-1996. APPOINTMENT: CITY EMPLOYEE: Mr. Burns, City Manager, stated that he is recommending the appointment of Jean Krelic as Receptionist/License Clerk. He stated that Ms. Krelic will replace Ellen Duncan who has retired. He stated that Ms. Krelic's past experience is as a clerk at Rosedale Dodge, Saturn of St. Paul, and as an Education Secretary/Youth Minister at St. Gregory the Great. He stated that she was selected.from.244 applicants. CONCIIRRED WITH THE APPOINTMENT OF JEAN RRELIC AS RECEPTIONIST/ LICENSE CLERK AT $9.72 PER HOIIR, EFFECTIVE FEBRIIARY 27, 1996. CLAIMS: AUTHORIZED PAYMENT OF CLAIM NOB. 66660 THROUGH 66865. ILICENSES : APPROVED THE LICENSES AS SIIBMITTED AND AS ON FILE TN THE LICEN$E CLERK�S OFFICE. No persons in the audience spoke regarding the proposed consent agenda items. MoTION by Councilman Schneider to approve the consent agenda items. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilman Schneider to adopt the agenda as submitted. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: There was no response from the audience under this item of business. FRIDLEY CITY COIINCIL MEETING OF FEBRIIARY 26. 1996 PAGE 7 PUBLIC HEARING• 15. PUBLIC HEARING ON LOCKE LAKE EXCAVATION PROJECT NO 255 (WARD 3)_ MOTION by Councilman Schneider to waive the reading of the public hearing notice and open the public hearinq. Seconded by Council- woman Jorgenson. Upon a voice vote, Councilman Schneider, Council- woman Jorgenson, Councilman Billings and Mayor Nee voted in favor of the motion. Councilwoman Bolkcom abstained from voting. Mayor Nee declared the motion carried and the public hearing opened at 7:48 p.m. Mr. Flora, Public Works Director, stated that the City has been working on the excavation of Locke Lake for a number of years and had meetings with the property owners on the Ramsey County lawsuit. He stated that the only way for Ramsey County to cease their legal action would be to reduce their amount of funding. Mr. Flora stated that during those meetings, each of the residents agreed to pay a little over $1,000 per property owner in funding to alleviate the Ramsey County issue. He stated that a number of residents attended the neighborhood meetings, and a petition was circulated. Mr. Flora stated that the City is•-proposing to initiate this excavation project for an assessment of $54,000 to the abutting property owners of Locke Lake which amounts to $1,286 per property. Mr. Harry Bolkcom, 6821 Hickory Street, President of the Locke Lake Homeowners Association, submitted a petition for the excavation of Locke Lake and the list of property owners agreeing to an additional $1,500 assessment. MOTION by Councilman Billings to receive Petition No. 1-1996. Seconded by Councilwoman Jorgenson. Upon a voice vote, Councilman Billings, Councilwoman Jorgenson, Councilman Schneider and Mayor Nee voted in favor of the motion. Councilwoman Bolkcom abstained from voting on the motion. Mayor Nee declared the motion carried by a four to one vote. Mr. Bolkcom stated that a little more than three-fourths of'the affected property owners have signed the petition. He stated that if any of the property owners do not approve of this project, now would be the time to voice their objection. Mr. Bolkcom stated that he wished to thank Council and staff for all their hard work and efforts on this project. Mayor Nee asked how many property owners were specifically opposed. Mr. Bolkcom stated that there were three, one was opposed on the basis of finances and another couple did not like the fact that they would have to pay anything. He stated that when the property FRIDL$Y CITY COIINCIL MEETING OF FEBRIIARY 26 1996 PAGE 8 owners lost the lake, everyone lost $7,000 to $10,000 in property value. He stated that the $3,500 cost for participation in re- storing the dam and the little over $1,000 for this excavation means they would pay about $5,000 to get the lake back.� Ms. Mary Vasecka, 6909 Hickory Drive, requested that she be notified in the future of any public hearings. She stated that there is no Mrs. McLaughlin at her address. Notices have been addressed to McLaughlin, and she would like to be acknowledged that she lives at this address. Ms. Vasecka stated that she spent some time at the library going back to 1991, 1992, and 1993 when there were public meetings on the dam. She stated that she is in favor of the project but not in favor of paying. She stated that when the dam project was done, the property owners were told that if they paid $3,000 for that project they would not have to pay any more. She stated that six years ago she was not willing to pay $5,000 to have it done, and she is not willing to pay $5,000 now. She stated that she was present at the meeting when the subj ect came up about mediation with Ramsey County and the Rice Creek Watershed District. She did not agree then, and she does not agree now. No other persons in the audience spoke regarding this proposed Locke Lake excavation project. MOTION by Councilman Billings to close the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, Councilman Billings, Councilwoman Jorgenson, Councilman Schneider and Mayor Nee voted in favor of the motion. Councilwoman Bolkcom abstained from voting. Mayor Nee declared the motion carried and the public hearing closed at 7:56 p.m. Mayor Nee stated that this item would be on the Council�s agenda for action at the March 18, 1996 meeting. He stated that legally, it is not necessary for the property owners to attend this meeting but only if they have an interest in Council�s action. Mr. Bolkcom stated that one of the property owners was concerned about how this assessment could be financed. Mr. Pribyl, Finance Director, stated that there is a deferred assessment process where the assessment could be paid at a later date plus interest. Councilman Schneider asked about the current interest rates. Mr. Pribyl stated that the interest rates at the time the assessment is levied would probably be between six to seven percent. FRIDLEY CITY COIINCIL MEETING OF FEBRUARY 26, 1996 PAGB 9 NEW BUSINESS: 16. FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 31. ENTITLED "PAWN SHOPS," BY AMENDING SECTIONS 31._07, 31.08. 31.11, 31.12. 31.13, AND ADDING NEW SECTION 31.14, AND RENUMBERING THE REMAINING SECTIONS CONSECUTIVELY. AND AMENDING CHAPTER 11 "GENERAL PROVISIONS AND FEES:" Mr. Rewitzer, Investigator in the Police Department, stated that he was assigned to coordinate the regulation of pawn shops. He stated that this proposed amendment addresses the needs of the City and the concerns of the pawn shop owners. Mr. Rewitzer stated that one change is to incorporate three license classes to assess regulation costs back to the licensee. He stated that all new licenses would begin at the highest class and adjust- ments for renewal would be made for those reporting electronically. Mr. Rewitzer stated that the ordinance clarifies•and expands information required to be reported by the licensee and identifies two methods of submitting reports, either manual reporting or electronic reporting. Mr. Rewitzer stated that the redemption period on pawned property is being changed from 120 days to 90 days, and the holding period of purchased property is being changed from 10 days to 30 days, except for items where there is a valid certificate of title. He stated that the investigative hold is being changed to 15 days for other police agencies and 90 days for the Fridley Police Department. Confiscation procedures were also clarified. Mr. Rewitzer stated that whenever there is a payment of more than $500..00, it shall be made only by a check, draft or other nego- tiable or non-negotiable instrument. He stated that the ordinance restricts transactions from vulnerable persons and restricts the purchase if the property contains altered or obliterated serial numbers. He stated that the ordinance clarifies inspections by the Police Department and others and regulates the conduct of persons on the licensed premises. - Councilman Billings stated he understands that there was a meeting with owners of the pawn shops and asked if this proposed ordinance was a consensus agreement between all parties. Mr. Rewitzer stated that he met with the pawn shop owners on January 25, reviewed the ordinance, and discussed areas of concern. He stated that the owners are in agreement with the proposed ordinance. Mr. Bernard Brennan, Area Manager for Cash-N-Pawn, 5807 University Avenue, stated that he is in agreement with the ordinance as it now stands. FRIDLEY CITY COIINCIL MEETING OF FEBRIIARY 26 1996 PAGE 10 MOTION by Councilman Billings to waive the reading and approve the ordinance on first reading. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 17. APPROVE 1996 COMMUNITY DEVELOPMENT BLOCK GRANT PROGR�IM: Mr. Fernelius, HRA Housing Coordinator, stated that a letter was submitted to the County addressing Council's concerns from the February. 12 Council meeting. He stated that the first issue was the fifteen percent cap limitation on public service grants. He stated that HUD establishes a cap of fifteen percent for public service expenditures. He stated that the question was whether or not there would be a penalty if the City exceeded that allocation, and the answer is that there would not be a penalty. He stated that, historically, this has not been a problem, but there is a risk of a reduction if all other communities allocate fifteen percent and Fridley exceeds the cap. Mr. Fernelius stated that the other two issues dealt with minimum grant amounts and the consequences of providing public service grants in amounts less than $5,000. He stated that the County will not prevent cities from issuing grants less than $5,000 and is willing to help reduce the administrative expenses by consolidating the funding agreements. He stated that staff feels there should be a minimum grant amount because of the tremendous amount of paper work. He stated that staff is, therefore, recommending that there be a$2,000 minimum grant amount. Mr. Fernelius stated that the 1996 Community Development Block Grant funds are proposed to be allocated as follows: $124,223 for housing rehabilitation; $30,000 for public service; and $1,000 for County administrative fees or a total of $155,223. Councilwoman Jorgenson asked if the City would lose the funds if the City approved more than a fifteen percent cap for public service and had to cut back. Mr. Fernelius stated that the City would need to reallocate those funds but would not lose them. Councilman Billings stated that at this time Council would only be advising the County the total amount of funding to be allocated to public service. He stated that, in the past, only a certain portion was allocated for the Senior Outreach Worker, and the Human Resources Commission submitted recommendations as to how the balance of the funding was to be spent. He stated that he under- stands that the Human Resources Commission will be making recom- mendations as to how the funding will be spent. Councilman Schneider asked why staff was recommending a minimum $2,000 grant. FRIDLEY CITY COIINCIL MEETING OF FEBRUARY 26, 1996 PAGB 11 Mr. Fernelius stated that it seems appropriate to have this minimum to make it more cost effective to administer and it would have a minimal impact, as most agencies are also funded by other cities. Councilwoman Jorgenson stated that there were only four organiza- tions within the last two years that received less than $2,000. Mayor Nee stated that the City would be receiving a recommendation at a later date from the Human Resources Commission on who receives the grants. MOTION by Councilman Billings to approve the 1996 Community Development Block Gant program to allocate $124,223 for housing rehabilitation; $30,000 for public service grants; and $1,000 for County administration or a total of $155,223 and authorize the appropriate staff and officials to submit this application to the County. Seconded by Councilman Schneider. Councilwoman Jorgenson asked if the $155,223 was an estimate. Mr. Fernelius stated that this is just an estimate as the final budget has not been established. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 18. RESOLUTION NO. 15-1996 REPEALING RESOLUTION NO. 25-1990 REGARDING THE PAYMENT OF PREVAILING WAGES: MOTION by Councilman Schneider to adopt Resolution No. 15-1996. Seconded by Councilwoman Bolkcom. Upon a roll call vote, Council- man Schneider, Councilwoman Bolkcom, and Mayor Nee voted in favor of the motion. Councilman Billings and Councilwoman Jorgenson voted against the motion. Mayor Nee declared the motion carried by a three to two vote. Mayor Nee stated that it may be appropriate for staff to prepare a memorandum on what the execution entails. 19. INFORMAL STATUS REPORTS: Mr. Burns, City Manager, stated that there were two items he wished to discuss with Council during the conference session. These items were: (1) Frank's Used Car redevelopment process; and (2) Update on Community Activity Center project. ADJOURNMENT• MOTION by Councilwoman Jorgenson to adjourn the meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of February 26, 1996 adjourned at 8:25 p.m. Respectfully submitted, Carole Haddad William J. Nee Secretary to the City Council Mayor POLICE DEPARTMENT Ci�y of Fridley 1Vlinnesota TO: FROM: DATE: SUBJECT: MEMOI�;ANDUM �1�' William W. Burns �jy . Dave Sallman �� February 29, 1996 Pawn Shop Ordiance Revision Attached is the ammended Pawn Shop Ordinance (Chapter 31) and the ammendment to General Provisions and Fees (Chapter 11). We are proposing a second reading on March 4, 1996. We would also propose adoption of an Official Title and Summary for publication in lieu of publishing the ordinance in its entirety. 1.01 ORDINANCL NO. AN ORDINANCE RgCODIFYING THE FRIDLEY CITY CODB, CHAPTLR 31 � ENTITLED ��PAWN SHOPS �� BY AMBNDINt3 BECTIONS 31. 07 � 31.08, 31.11, 31.12, 31.13, AND ADDING NEW SECTION 31.1�� AND RENQMBERING THE REMAINING SECTIONB CONBECIITIVELY� AND AMI:NDING CHAPTER 11, "GENERAL PROVISIONS AND FEEB�' The City Council of the City of Fridley does hereby ordain as follows: 31.07 LICENSS CLASSIFICATIONS AND FBES ESTABLISHED. 1. License Classes. Licenses renewed under provisions of this Chapter shall be classified according to the average number of initial transactions submitted monthly by the licensee to the Public Safety Director during the period the licensee was in business prior to renewal. For the purposes of this section "initial transaction" shall mean a single reportable transaction conducted by a pawnb�oker involving the initial receipt of property pawned, pledged, sold, left, or deposited by one person on one day at one time; not to include the sale, redemption, renewal, extension, or confiscation of property already in the possession of the pawnbroker. License classifications shall be: Class A Class B Class C - Licensee's that submit an average of seven hundred fifty (750) or more initial transactions per month. - Licensee's that submit an average of more than two hundred fifty (250) but less than seven hundred fifty (750) initial transactions per month. - Licensee's that submit an average of two hundred fifty (250) or less initial transactions per month. All new licenses issued pursuant to this Chapter shail be deemed to be Class A licenses and subject to all applicable fees and regulations. 2. Annual Fees. The annual license fee for all licenses required by this Chapter shall be in the amounts as specified in Chapter 11, General Provisions and Fees, of the Fridley City Code. 1.02 3. Investigation Fees. At the time of each original application for a license, the applicant shall pay, in full, an investigati.on fee. The investigation fee shall be as specified in Chapter 11, General Provisions and Fees, of the Fridley City Code. 31.08 l. PAYMENT OF F888. Initial Fees. The annual license and investigation fees for a new license shall be paid in full before the application for the license is accepted. Upon rejection of any application for a license or upon withdrawal of an application before approval of the issuance by the Council, the license fee only shall be refunded to the applicant except where rejection is for a willfui misstatement in the license application. If any investigation outside the State �f Minnesota is required, the applicant shall be charged the cost which shall be paid by the applicant, prior to issuance of a license, after deducting the initial investigation fee, whether ox not the license is granted. 2. Pro Rated Fee for New Licenses.. If the application for a new license under this Chapter is made during a license year, a license may be issued for the remainder of the license year for a fee assessed proportionally by the number of months remaining in the license year. Any fraction of a month will be counted as a complete month. No refund, reduction, or adjustment of a license fee shall be made to any licensee that ceases operation during the term of the license, 3. Renewal Fees and Adjustments. Licensee's delivering daily reports to police via the electronic reporting method as outlined in section 31.11.5. sY��ll be eligible for an electronic reporting adjustment of the annua_L license fee at renewal, based on the number of months during the pr�ceding license year that the licensee .successfully delivered da�_ly reports to police via the electronic reporting method. '?'he electronic reporting adjustment shall be as specified in Chapter li, General Provisions and Fees, of the Fridley City Code. Licensee's seeking renewal shall first obtain from the Public Safety Director a statement identifying the class of license to be renewed and the number of months eligible for the electronic reporting adjustment if any. The statement shall be filed with the renewal application. The annual license fee for renewal of a license, at the class identified by the Public Safety Director, less �:he electronic 1.03 reporting adjustment if applicable, shall be paid in full at the time the renewal application is filed with the City. 31.11. CONDITIONS OF LICENS$8. l. Records. Every licensee, at the time of receipt of an article deposited, left, sold, purchased, pledged, or pawned, shatEll immediately record, in English, on forms or in an electronic data storage and retrieval system approved by the Public Safety .Director, the following information: A. A complete and accurate description of the article, including but not limited to, any manufacturer name, brand name, model number, serial number, identification number, or other identifying mark. B. The amount of money received by the person pawning, pledging, or selling the article, together with the annual rate of interest and the amount required to redeem the article if it was pawned or pledged. C. The date, time and place of receipt of the article. D. The full name, date of birth, current address of residence, current telephone number if possessed, and a reasonably accurate description of the person�from whom the article was received including at a minimum sex, height, weight, and race. E. The identification number and state of issue from a valid photo drivers license or photo identification.card issued by the state of residency of the person from whom the article was received. F. The name or unique identifier of the licensee or employee that conducted the transaction. 2. Disposition of Articles. A. When an article of pawned or pledged property is redeemed from a licensee, the records shall contain an account of such redemption with the date, interest charges accrued, and the total amount for which the article was redeemed. B. When an article of purchased or forfeit�d property is sold or disposed of by a licensee and the lic�nsee receives one-hundred dollars ($100.00) or more in pavment thereof, the records shall contain an account of sucY� sale with the date, the amount for which the article was sold, and the full name, current address, and telephone number of the person to whom sold. 1.04 3. Inspection of Records. The records referred to in this section shall �e open to the inspection of the Pubiic Safety Director at all reasonable times and shall be retained by the licensee for at least�four (4j years. 4. Receipt. Every licensee shall deliver to the person pawning, pledging, selling, leaving or depositing any articles, a receipt numbered to correspond with the licensee's records. The receipt shall contain the substance of the transaction and the signature of the person from whom the item.was received. 5. Daily Reports to Police. A. Method. Each licensee shall prepare and deliver to the Public Safety Director, by twelve o'clock noon the first business day following the date of transaction, the information required to. be collected in section 31.11.1 and 31.11.2, #:hrough one of the following methods: � (1) Manual Reporting. Daily reports on forms approved by the Public Safety Director delivered in person by the licensee or employee. (2) Electronic Reporting. Daily reports maintained in an electronic data format meeting specifications established by the Public Safety Director and delivered in person by the licensee or employee on electronic data storage media approved by the Public Safety Director or transferred from the licensee's computer via modem. B. Electronic Reporting Adjustment. A licensee delivering ,daily reports via the electronic reporting method may be eligible for an adjustment of their annual license fee at renewal, based on the number of months during the preceding license year that the licensee successfully delivered daily reports to police via the electronic reporting method, except: (1) If a licensee who has consistently delivered daily reports via the electronic reporting method is unable to successfully deliver the required reports via the electronic reporting method, and the problem is determined to be in the licensee's system and is not corrected by the close of the second business day following the failure, the licensee will be considered to 1.05 have reported via the manual reporting method for the month in which the failure occurred and any subsequent months that such failure continues uncorrected. {2) If a licensee who has consistently delivered daily reports via the electronic reporting method is unable to successfully deliver the required reports via the electronic reporting method, and th� problem is determined to be outside the licensee's system, the licensee will be considered to have reported via the electronic reporting method for the month in which the failure occurred. (3) Section 31.11.5.B(1) notwithstanding, the Public Safety Director may, upon presentation of extenuating circumstances, extend the period that a qualifying licensee is considered to have reported via the electronic reporting method. 6. Exceptions to Reports. No licensee shall be required to furnish descriptions of any property purchased from manufacturers and wholesale dealers having an established place of business or of any goods purchased at an open sale from any bankrupt stock or from any other person doing business and having an established placed of business. Any goods referred to in this section must be accompanied by a bill of sale or other evidence of open or legitamate purchase and must be shown to the Public Safety Director on demand. 7. Redemption Period. Any person pledging, pawning or depositing an article of property for security shall have a minimum of ninety (90) davs from the date of that transaction to redeem the article before it may be forfeited and sold. During the ninety (90) day �olding period articles shall not be removed from the licensed pr�mises. Licensee's are prohibited from redeeming any article of property to anyone other than the person to whom the receipt was issued; or to any person identified in a written and notarized authorization to redeem the article(s) of property identified in the receipt; or to a person identified in writing by the pledger at the time of the initial transaction and signed by the pledger; or with the approval of the Public Safety Director. Written authorization for release of articles of property to persons other than the o�iginal pledger must be maintained along with the original transaction record. 8. Holding Period. No article of property pledged, pawned or on deposit for security with any licensee shall be permitted to be redeemed for a period of seventy-two (72) hours from the date of transaction, excluding Sundays and holidays, except upon written authorization of the �.os Public Safety Director. No article of property purchased by a licensee may be sold or otherwise disposed of for thirty (30) days from the date of the transaction except that articles of property for which there exists a valid certificate of title issued by the State• of Minnesota, showing ownership and registration by the person:from whom the article was received, may be sold or otherwise disp�sed of ten (10j days from the date of transaction. 9. Police Restrictions on Sale or Redemption. A. Investigative Hold. Whenever a law enforcement official from any agency, acting in the course and scope of his or her duties, notifies a licensee not to sell or permit to be redeemed �n article of property in the licensee's possession, the article may not be sold, redeemed or removed from the premises by the licensee. The Investigative Hold shall be confirmed in Writing by the originating agenc.y within seventy-two (72) hours and will remain in effect for fifteen (15) days from the date of notification, or until the hold is cancelled, or until a. Police Hold is issued pursuant to section 32.11.9.(B), or until the article is confiscated, whichever comes first. B. Police Hold. � Whenever the Public Safety Director notifies a licensee not to sell or permit to be redeemed an article of property in the licensee's possession, the article may not be sold, redeemed or removed from the premises by the licensee. The Police Hold shall be confirmed in writing within seventy-two (72) hours and will remain in effect for ninety (90j days from the date of notification uniess the Public Safety Director determines the hold is still necessary and notifies the licensee in writing. When a Police Hold is no longer needed the Public Safety Director shall so notify the licensee. C. Confiscation Report. � If an article of property in the licensee'�,possession is determined to be stolen, it may be confiscated and seized as evidence by any police officer. A request for restitution from any person charged in regards to the stolen property confiscated shall be made on behalf of the liaensee. When an article of property is confiscated, the person doing so shall provide identification upon request of the liceasee, and shall complete a confiscation report providing at a minimum the name and telephone number of the confiscating agency and investigator, and the case number of the police report related to the confiscation. The confiscation report shall be included with the daily reports to police, submitted by the licensee, for review by the Public Safety Director. 1.�7 10. Payment by Check. Payment of more than five hundred dollars ($500.00j by any licensee for any article deposited, left, purchased, pledged or pawned shall be made only by a check, draft or other negotiable or nonnegotiable instrument or order of withdrawl which is drawn against funds held by a financial institution. 11. Posting License. All licensees shall post their licenses, in a conspicuous place, in the licensed premises under the licensed activity. 12. Responsibility of Licensee. The conduct of agents or employees of a licensee, wY�ile engaged in performance of their duties for their principal or`employer under such license, shall be deemed the conduct of the licensee. 13. Penalty for Property Owner. It is unlawful for any person who owns or con�rols any real property to knowingly permit it to be used for pawnbrokering without a license required by this Chapter. 14. Business at Only One Place. A license under this Chapter authorizes the licensee to carry on its business only at the permanent place of business designated in the license. However, upon written request, the Public Safety Director may approve an off-site locked and secure storage facility. The licensee shall permit inspection of the facility in accordance with section 31.13. Al1 provisions of this Chapter regarding recordkeeping and reporti�fg apply to the ��acility and its contents. Articles of property shall be stored in c.ompliance with all provisions of the city code. � 31.12. RESTRICTSD TRANSACTIONS. 1. No licensee shall be open for the transaction of business on any day of the week before 7:00 a.m. or after 10:00 p.m. 2. No licensee shall purchase, accept, or receive any article of property from any minor or from any person of unsound mind or from an intoxicated person. 3. No licensee shall purchase, accept, or receive any article of property which contains an altered or obliterated seriai number or an article of property whose serial number has beern removed. 4. No licensee shall purchase, accept, or receive any article of property knowing, or having reason to know, that the article of property is encumbered by a security interest. FoY�'the purpose of this section "security interest" means an interest in property 1.08 which secures payment or other performance of an obligation. 5. No licensee shall purchase, accept, or receive any article of property, from any person, knowing, or having reason to know, that said person is not the true and correct owner of the property. 6. No licensee shall purchase, accept, or.receiv� any article of property, from any person, without first having examined a valid photo driver's license or valid photo identificatiori card issued by the state of residency of the person. ;� 31.13 Inspection. 1. Premises. Any licensee shall, at all times during the term of the license, allow the Public Safety Director to enter the premises, where tiie licensee is carrying on business, including all off-site storage facilities as authorized in section 31.11.14 , during normal business hours, except in an emergency, for the purpose of inspecting such premises and inspecting the articles and records therein to locate goods supected or alledqed to have been �tolen and to verify compliance with this Chapter or other applicable laws. No licensee shall conceal any article in his,possession from the Public Safety Director. �. 2. Inspection by Police or Claimed Owner. Al1 articles of property coming into the possession of any licensee, under the terms hereof, shall be open tc inspection and right of examination of any police officer or any person claiming to have been the owner thereof or claiming to have had an interest therein when such person is accompanied by a police officer. 31.14 CONDIICT OF PERSONS ON LICENSED PRffirII8E8. 1. No person may pawn, pledge, sell, leave, or deposit any article of property not their own; nor shall any person pawn, pledge, sell, leave, or deposit the property of another, whether with permission or without; nor shall any person pawn, pledge, sell, leave, or deposit any article of property in which another has a security interest; with any licensee. 2. No minor may pawn, pledge, sell, leave, or deposit any article of property with any licensee. 3. No person may pawn, pledge, sell, leave, or deposit any article of property with any licensee withou� first having presented a valid photo driver's license or valid photo identification card issued by the state of residency of the person. 4. All licensee's shall by adequate siqnage and separate written notice inform persons seeking to pawn, pledge, sell, leave, or deposit articles of property with the licensee of the foregoing 1.09 requirements. For the purpose of this section "adequate signage"�shall be deemed to mean at least one sign, of not less than four (4j square feet in surface area, comprised of lettering of not le5s than three- quarters (3/4) of an inch in height, posted in a conspicuous place on the licensed premises and stating substantially the following: TO PAWN OR SELL PROPERTY: YOU MUST BE AT LEAST 18 YEARS OF AGE. YOU MUST BE THE TRUE OWNER OF THE PROPERTY. THE PROPERTY MUST BE FREE OF ALL CLAIMS ANID LIENS. YOU MUST PRESENT VALID PHOTO IDENTIFICATION. VIOALATION OF ANY OF THESE REQUIREMENTS IS A CRIME. For the purpose of this section "separate written notice" shall be deemed to mean either the receipt, as required in section 31.11.4, or a printed form, incorporating a statement to the effect that the person pawning, pledging, selling, leaving, or depositing the article is at least eighteen (18) years of age; is the true owner of the article; and that the article is free of all claims and liens; which is acknowledged by way of signature of the person pawning, pledging, selling, leaving, or depositing the article. 5. No person seeking to pawn, pledge, sell, leave, or deposit any article of property with any licensee shall give a false or fictitious name; nor give a false date of birth; nor give a false or out of date address of residence or telephone number; nor present a false driver's license or identification card; to any licensee. 11.10 FEEB. � Section 11.10, "Fees" is amended to include the following Pawn Shop fees: CODE 31 SUBJECT Pawn Shops Electronic Reporting Adjustment Investigation Fee 1.10 FEE Class A $15,000 Class B $12,500 Class C $10,000 $400 per month $400 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1996. WILLIAM J. NEE - MAYOR ATTEST: WILLIAM A. CHAMPA - CITY CLERK First Reading: February 26, 1996 Second Reading: Publication: 1.11 ORDINANCE NO. OFFICIAL TITLF AND SUMMARY I. TITLE An ordinance recodifying the Fridley City Code, Chapter 31, entitled "Pawn Shops," by amending Sections 31.07, 31.08, 31.11, 31.12, 31.13, and adding new Section 31.14, and renumbering the remaining Sections consecutively, and amending Chapter 11, "General Provisions and Fees". II. SIJNIlKARY The City Council of the City of Fridley does hereby ordain as follows: The proposed ordinance establishes licensing, recordkeeping, property handling, and transaction requirements of pawnbrokers. It establishes license classifications for renewal purposes on the basis of the level of business generated by the pawnbroker over the previous year. It identifies the permitted methods of submitting daily reports and creates a renewal fee reduction for daily reports delivered in an electronic data format. It sets the minimum periods pawned and purchased property must be kept before forfeiture or sale. The ordinance contains requirements for the holding and seizure of suspected stolen property. It restricts transactions involving certain persons or property. It establishes restrictions on the conduct of persons on licensed premises. III. NOTICE This Title and Summary have been published to clearly inform the public of the intent and effect of the City of Fridley's ordinance requirements for pawnbrokers. 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 Avenue, N.E., Fridley, MN 55432. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THE i DAY OF , 1996. ATTEST: . :4 i �i��i��`��iai��l Publication: 2.01 WILLIAM J. NEE — MAYOR . .�.�,..�. . , . .,. .. . . . ....... ... ...._. . ...,.�... .i.i. . . , . .>.., . . .sni�Y s,i.;2i. �. � . ...... . .. . ._._._. . ... ._.., . � .,._..... . , .. � ._. . . .,. . � .. ....� .. ...> ..... . . . �. . . . ,.. . . , . ._. . ..,�... . CITY OF FRIDLTsY PLANNING COMlIISSION M88TI�iQ, F$BRIIARY 7, 1996 CALL TO ORDER• Chairperson Newman called the February 7, 1996, Planning Commission meeting to order at 7:30 p.m. ROLL CALL• Members Present: Dave Newman, Diane Savage, LeRoy Oquist, Dean Saba, Brad Sielaff, Connie Modig Members Absent: Dave iCondrick Others Present: Barb Dacy, Community Development Director Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant A1 Stahlberq, 8055 Riverview Terrace Ted & Audrey Theilmann, 1540 Rice Creek Road Darrel & Melodee Madsen, 7191 East River Road Pete Panchryshyn, 7155 E. River Road Curtis Barsness, 6581 Central Avenue N.E. Robert & Doris Nelson, 1439 Mississippi St. Paul Wilson, 635 - 57th Avenue Mark Jacobson, 509 Cherry Lane Mary Matthews, 1259 Skywood Lane N.E. APPROVAL OF AGENDA: MOTION by Mr. Saba, seconded by Ms. Modiq, to approve the aqenda. IIPON A VOICE VOTE, ALL gOTIN6 AYE, CHAIRP$RSON 1T811MA�T DECLARED TH$ MOTION CARRIED IINANIMOIISLY. APPROVAL OF JANUARY 3 1996, PLANNING COMMISSION MINUTES: MOTION by Mr. Oquist, seconded by Ms. Savage, to approve the January 3, 1996, Planning Commission minutes as written. IIPON A VOICB VOTE� ALL VOTINQ AYE� CHAIRPRRSON �1811MA�i DLCLARSD THS MOTION CARRIED IINANIMOQSLY. 1. PUBLIC HEARING: CONSIDERATION OF AN ORDINANCE AMENDMENT TO CHAPTER 110 ENTITLED "PZiBLIC NtJISANCES" IN ORDER TO CLASSIFY GRAVEL ANDIOR DIRT DRIVEWAYS AS A NUISANCE AND PROHIBIT THEIR USE MOTION by Mr. Saba, seconded by Mr. Oquist, to waive the reading ; of the public hearing notice and to open the public hearing. 3.01 PLANNING COMMISSION MEETING. F$BRIIARY 7, 1996 PAQ$ 2 UPON A VOICE VOTE� ALL VOTINQ AYE, CHAIRPERSON NBWMAN DECLARED T8E MOTION CARRIED AND THE PIIBLIC HEARING OPE�T AT 7:35 P.M. Mr. Hickok stated staff held a public information meeting regarding this item on January 31 in order to provide an opportunity to ask questions and to get more information to provide a more complete presentation. The meeting was attended by approximately 30 people, and through that process staff received very good comments. Mr. Schneider, Assistant Planner and Code Administration Officer, and Mr. Hickok attended the meeting. Mr. Hickok stated the history of the gravel driveway issue dates back to the mid-1960's. In 1969, the City of Fridley adopted an ordinance that required all parking surfaces be hardsurface. The issue has been on the books for many years. In the late 1980's, there were a number of calls generated related to the surfacing requirements, vehicles improperly parked, etc. As staff continued with the code administration process, they monitored the complaints to evaluate whether or not these are scattered issues or whether these are issues that should have formal action. It has been from that time to 1993 that staff had a consistent number of complaints related to the surfacing of properties where vehicles were being parked and the side effects of not having a hardsurface drive. In 1993, staff brought the issue to the Planning Commission. At that time, the Planning Commission and staff did study to determine what would be the appropriate recommendations to forward to the City Council related to these issues. The City Council was also interested in the outcome of the discussion as they are aware of the number of complaints that were generated due to hardsurface drive non- compliance. The Planning CoYamission through the process determined that there were five stipuiations they would like the City Council to consider: 1. Approved hardsurface materials should consist of concrete, bituminous, brick, and/or concrete pavers. Mr. Hickok stated staff recommends, in addition, that the materials have a sufficient PSI rating to support motor vehicles. 2. All driveways should be paved within five years from the adoption of the ordinance; when the property is sold; or when a permit is required by the City. 3. A separate compliance deadline should not be established for property owners with driveways in excess of 50 feet. 4. A hardsurface requirement not be imposed for secondary/ accessory structures being used for storage facilities. 3.02 PLANNING COMMISSION MS$TING, FEBRIIARY 7, 1996 PAGB 3 5. An assessment process be made available to homeowners. Mr. Hickok stated the Planning Commission also considered the following rationale for hardsurface driveways: 1. Promotes visual appeal and neat appearance of sinqle family properties. 2. Restricts vehicles to one area of the lot instead of allowing them to be scattered across the yard. 3. Eliminates the nuisance of gravel being sprayed on neighboring yards and avoids unsightly ruts and ditches. 4. Eliminates problems created by blowing dust. 5. Protects soil from contamination due to oil and other vehicle fluid�. 6. Serves to maintain property values by promoting a more attractive appearance. 7. Reduces the maintenance costs incurred when ruts are "evened out" or gravel is replaced. 8. Promotes parking requirements consistent with that of other zoning districts. 9. Prevents soil and gravel from eroding onto the street and being deposited into the City's storm sewers and detention ponds. Mr. Hickok presented photos from the file that had been used to illustrate the situations described above. Mr. Hickok stated the City, as they considered this issue and an amendment to the ordinance, also looked at recent improvements in terms of aesthetics and felt these recommendations are consistent with other improvements the City is doing through the housing rehab program, the nuisance abatement ordinance, rental rehab program, and scattered site housing program. Mr. Hickok stated other related issues in the agenda packet talks specifically to the gravel, dirt and unpaved driveways. The term "nuisancen had some contention in and of itself at the neighborhood meeting. Those attending the meeting asked how this relates to other nuisances. It comes down to the issues of health, safety and welfare and the above rationale. Mr. Hickok stated staff and the Planning Commission in 1993 considered what the implementation would be for an ordinance such 3,03 PLANNING COMMISSION MEBTING FEBRIIARY 7 1996 PAGE 4 as this. Staff notified 328 property owners by mail of the neighborhood meeting and the pending ordinance amendment. In addition to those attending the meeting, staff also received calls from over 30 residents who had already paved their driveways. There may be more residents in the community who have paved their driveways of whom staff are not aware. Mr. Hickok stated this public hearing is a part of the process. The issue will then go before the City Council in late February or early March. The City Council will conduct a public hearing, and then hold a first and second reading before the ordinance goes into effect. Mr. Hickok stated included in the agenda packet was a copy of a memorandum from Mary Matthews, who was unable to attend the neighborhood meeting, expressing concern about the extenuating circumstances at her property. Mr. Hickok reviewed some of the comments from the neighbor meeting. Someone expressed felt an aggregate surface of 3/4-inch may be appropriate rather than requiring a hardsurface drive. In response to the washout effect, it was asked why this was an issue and why this was any different from the silt that is at the drives to some businesses. Regarding the grandfather clause, what about those who have existing qravel driveways. The issue is that of parking and the parking surface. Others felt the driveway requirements should be considered a zoning issue rather than a nuisance. A homeowner brought in a property diagram showing a very long driveway and they had also granted an easement to a neighboring property to have a long drive on the property as well. Would both these driveways need to be hardsurface and who would be responsible for the cost? In another case, a homeowner has paved their driveway to what is considered a quiet right-of-way. Under the proposal, this would not be given separate consideration because of the length. Another question involved future buyers. When a property is sold, the homeowner must provide such information to prospective buyers. What about the situation where an alley serves private drives? These would have to be taken on a case-by-case basis. In the case of a shared driveway, the homeowners would have to work this out individually. Mr. Hickok stated, as far as legal implications which goes back to the grandfathering, there was a question about an unimproved portion of a driveway that had touched the right-of-way at one time and, as improvements were made, there is now a gap. Staff is now seeking additional information on this situation. The owner had a letter from the City about the right-of-way modifications. This is a unique situation and we may have to work with the Engineering Staff to see what is the best solution. 3.04 PLANNINQ COMMISSION ME$TINa. FEBRIIARY 7. 1996 PAaB 5 There was also an issue about hardsurface driveways that are not maintained. Mr. Hickok stated persons at the meeting felt the word Nnuisance� puts an ugly umbrella on this issue. They do not feel they are a source of a nuisance. That is an issue that speaks to the rationale for the ordinance. Though their drive may be well maintained, the issue is one of where to draw the line. The line was drawn when the City made a decision in 1969 to require hardsurface. Mr. Hickok stated seepage is an issue. Is seepage any better on asphalt than on aggregate? Staff feels it is. The idea is that asphalt is a porous material and some oils will seep into the asphalt bed or wash off. Nonetheless, this is a way slowinq down that direct spillage and/or seepaqe into the soil. Mr. Hickok �tated someone asked, of those 328 properties, how many complaints were generated. Staff does not have a number. The ordinance amendment was driven by the complaints. Ms. Modig referred to the shared driveway. If the owner has five years and the property is sold, what happens then? Mr. Hickok stated he would expect the requirement would be revealed at the time of sale. It may be that certain lending institutions would want that corrected at the time of sale. It may be that the existing property owner would need to separate the drive and hard-surface or come to an agreement with the prospective buyer about the installation. Mr. Saba asked if there were situations where pavinq would cause water drainage problems. Mr. Hickok stated there are times when people want to widen a driveway toward an adjacent property. We ask the property owner to control runoff to an area that can handle the runoff. If the area sheet drains, this must be kept away from qranular soils and severe slopes so they do not cause further erosion. These are design issues specific to the site. Mr. Newman asked if the amendment also deals with the issue of property owners who do not have a properly maintained hardsurface driveway. Mr. Hickok stated the ordinance actually talks to improving to a standard. Specifically, it would boil down to an interpretation unless you would suggest modified language in the text. It would require an interpretation if similar characteristics were becoming evident on an old blacktop drive, for example, that had eroded away and causing runoff conditions. 3.05 PLANNING COMMISSION MEETINQ, F$BRIIARY 7, 1996 PAQS 6 Mr. Newman referred to Section 110.11, Compliance. He did not think the language was comprehensive enouqh to address hardsurface driveways that have falien into disrepair. Staff may want to look at this before this goes to the City Council. If a driveway has eroded away and has qapinq holes, it would probably fit. However,.a driveway with one or two big holes but is mostly hard surface may not fit. He asked staff to look at this section. Mr. Oquist asked how many driveways remain unsurfaced. Mr. Hickok stated there may be as many as 40$ of 328. Staff had a strong response from those who had their drives hardsurfaced. Ms. Modig asked how this affects those who have a hardsurface driveway and have made a gravel area for cars to park to the side. Does that mean they would be required to hardsurface the area where they park the cars? Mr. Hickok stated, if a person has a hardsurface and chooses to park off to the side, they could choose whether they needed that added space or whether to park on the drive. Commission members had no further questions of staff. Mr. Newman opened the discussion to the public. Mr. Theilmann stated he has a driveway with crushed rock. The driveway is 175 feet long and ends in a 50 foot x 25 foot parking area for relatives and visitors. At the end of the driveway, he has a five foot apron of asphalt going onto Rice Creek Road to handle any stones that may come down the driveway. The driveway leads through six pine trees that are about 30 feet tall and goes between a rock garden and two flower beds - one measuring 20 feet x 40 feet and the other 20 feet x 50 feet. He does not feel like having asphalt or concrete running through these flower gardens. The driveway was set up about 1925. He and his wife have lived there since 1951 and have not had any trouble with the driveway as it is. He does not see why he would have to hardsurface it. They have a double garage in the back with a cement floor. Aesthetically, he thought they would have to agree that flower gardens and pine trees do not look nice with a cement or asphalt driveway. What do they do then? Mr. Newman asked, if the ordinance is passed, would he be exempt because of the length of the driveway. Mr. Hickok stated no. Long driveways would be included in the requirement. Mr. Theilmann stated, from their point of view, they don't see that it would devaluate their property as it is. As far as 3.06 .;.., , .�... ..:..:.. . . ...:.:.............�.:,�,..,.,, . .�..... .:,:, ..,..�,. . . ,..:�:.,,....... _ _ � . , , u...... . . . . t � . . . ,�.�. • � • Y�: ,� - il_i =c having space, blowinq dust, and the other items on the sheet of paper, they have two lots with a driveway running throuqh the middle. They do not consider it a nuisance or have any trouble with neighbors or anyone else as far as the driveway is concerned. They have never had a complaint as long as they have lived there. He thought this was going overboard. The driveway has never caused any problem at any time. If he blacktopped it, he would then have to coat is once a year which he does not now have to do. Mr. Barsness stated he purchased his house in 1968. He has been a resident for 28 years. He showed drawinqs of his property. The house was built a long time aqo and the lot was much larqer than what it is now. When he bouqht the property, they came in from Highway 65 and turned around in the yard. The neiqhbor has a house from the 1960's and he has a long driveway also. Mr. Barsness has a 26 foot easement from Central Avenue that he would have to pave. The asphalt for the drive wouid cost over $3,000 and that would not be what is being asked. That does not include any parking space and no turnaround space. He showed another drawing showing what he would have to pave to be leqal and this would cost over $10,000. The property is appraised at $55,600. The City says they want to condemn substandard housinq. The only think substandard about his house is that it is very small. When he sells that house, a developer or contractor will buy it and make it into two or three lots. That is where he will get his money. The asphalt will not be worth anything to them. Iie is in his 50�s, works at Onan and hopes to work there until he retires. $10,000 out of the equity of his house to put in a asphait driveway is 1/5 of the value of the property. He does not have the money and would have to borrow it. Mr. Saba asked the length of the driveway. Mr. Barsness stated the driveway from the street to the old garage is 150 feet. From the property line, it is about 125 feet. The area is front of the two garages is already concrete. He started putting in concrete and got the first one done. He did not get the second one done. He was doing the work with the help of friends. He cannot afford to hire someone to put in concrete. He does not know what to say except that he cannot spend $10,000 on his driveway. His driveway is crushed asphalt. It doesn't blow around. It does not rut. It doesn't get muddy. It doesn't wash away. It has Class 5 underneath it. The original driveway was just sand. It has very low upkeep and does not track into the street. Mr. Barsness stated it is downhill.into his yard. As far=as vehicles dripping, it would wash into his yard and not into the street. He has had trouble in the past when the City has flushed fire hydrants that it washes out his driveway. This is the 3.07 PLANNING COMMISSION MEETING, FEBRIIARY 7. 1996 PAG$ 8 opposite of what is being said. The City determined a few years ago that 66th Avenue N.E. was the narrow side of his lot and was the front of his house. At that point, all of his parking was done in the backyard and he enters from the side street. In some of the pictures, people are not parking in their yard. They are parking on City property. They are parking on the easement. Why not say that is our property and don't park on it? Because he parks in the back and enters from the side street, he did not see how this was different from those who park in an alley. It is not an aesthetic problem because it is in the back of the yard. Mr. Barsness stated he looked at his options. He could wait five years, he could wait until the City takes him to court,-he could install a small amount of asphalt in the front and use the old garage. That garage has never been used for a garage. He has a shop there with metal and woodworking tools. He could park his cars on 66th or on the asphalt next to it and that would be cheaper. He would like them to consider some of the consequences of this. Mr. Saba stated he doesn't want anyone to feel that the Commission is calling them a nuisance. That is a term that is used for ordinances. What you are giving us is very valuable input as to the extent of this ordinance proposal and whether or not we recommend that this ordinance go to the City Council. The public comments provide extremely valuable information and that is what we are here for. Mr. Barsness stated one of the reasons he objects is that his house does not have that much value. To hit us with that expense is difficult. He started working in 1967, was makinq money and raising a family. Over the years with wage compression, loss of purchasing power, etc., he earnings have eroded. Mr. Newman stated, on the diagram showing the additional area paved, what does that area serve? Mr. Barsness stated he has two Jeeps and a van parked in the area. The rest is a turnaround area. The traffic in that area has really gotten bad. When he moved in, there were four lanes of traffic and now there are two. He sometimes has to wait five minutes or more to pull out of his driveway because of the traffic. He bought the property because he likes the space. He would hate to not use it because it is too expensive. He cannot justify buying another place because he is so close to work. If he sold the property, he would have to add to the value to get a townhouse further out. And that would be about all he can afford right now. Mr. Hickok stated there was a discussion regarding assessment. According to State law, the City does have an assessment ability �G 1 : PLANNING COMMISSION ME$TING. F$BRIIARY 7. 1996 PAGB 9 to help provide loans at 7� interest for 5 years which is in'the agenda packet for consideration. Also in the packet is information on lot coverage. With the long driveways and large paved surface area, staff has sugqested 30$ lot coverage for the front of the property. Mr. Jacobson stated he �ould like a hard paved driveway. It would be nice. He has lived here for five years. He had planned to have it done when he moved. He could not afford then and he cannot afford it now. He does not see it in the future. His house is only $53,000 in value. He is a single homeowner and just barely getting by. He cannot afford more payments for things he does not need. The driveway is now rock and sand. It is 120 feet long and the estimated cost is $3,000 for tar. He wanted a concrete pad by the garage to park his motorcycles but that estimate was $5,000. He does not see how they can make him spend $3,000 or $5,000 for something he does not have to have. Mr. Madsen stated the property mentioned earlier at Ashton which is paved to the right-of-way is their property. He has letters from the City and the County saying they can cross over the easement for a driveway. They built their house in 1984 and were to code with the driveway when they put it in. The City Council said Ashton Avenue would not be put in. Will they have to pay for paving that since they were up to code in 1984? They have paved their driveway already to property line. It is then Class 5 and gravel to the bike path. Mr. Newman asked if Mr. Madsen owned that property. Mr. Hickok stated they do not. The lriadsen's paved out to where their private property ends and terminated the asphalt at the edge of a public right-of-way. It was the City's decision not to complete Ashton. That caused the property owner to make a longer distance trip out to East River Road. Staff has taken Mr. Madsen's comments back to the Public Works staff to get �aore history and to get a sense of the City's position on this particular issue. Mr. Newman stated this did not answer the question. He believes, with the ordinance as progosed, Mr. Madsen would not be obligated to provide a hardsurface driveway on property he does not own. Mr. Hickok stated the only variation is where the apron crosses the public right-of-way out at the boulevard, but this is a circumstance that the property owner has a very wide right-of-way that is meant to be a street so it is quite different from the standard. Mr. Madsen asked, since it was the City's decision not to put in the street, are we going to have to pay for it. 3.09 PLANNING COMMISSION MEBTING. FEBROARY 7. 1996 PAG$ 10 Mr. Hickok stated he thought this was a unique situation and staff will work with Mr. Madsen on this. The Madsen's have done what is required and that is to provide a hardsurface drive on their property. He did not believe they would be required to anything beyond that. Mr. Stahlberg stated he would like to commend the City Council for what they are doing. He has been working in his neighborhood to get something done. The only thing he questions is that five years is a long time to get this done. That seems like a long time. He thought two to three years to get the pavement in would be sufficient with five or six years to pay. In his neighborhood, it is part of the problem addressed with the junk vehicles. They tend to go hand-in-hand - unfinished driveways with extra vehicles. Again, he felt two to three years time to install the pavement with five years to pay would be the way to go. Ms. Matthews stated she has a concern. When they considered Fridley for building, they decided to consult a landscape architect if the lot was buildable because of its uniqueness. Will the City allow variances? Mr. Newman stated variances are granted for zoning ordinances. This is not under the zoning ordinance but under the public nuisance ordinance. Therefore, there is no provision for granting a variance. Ms. Matthews stated, 33 years ago when they decided to build in Fridley and when they contacted an architect because of the lots' uniqueness, the City said this lot was buildable. They worked with a landscape architect because they wanted to restore it to its natural style. It has never been a nuisance. On the driveway, they went back four to five feet to get the gravel out of the street to avoid the problems with flushing hydrants. They tried to accommodate the City there. When the architect designed the drive, they designed it with a firm base on clay with crushed rock. It has been there for 33 years. It was designed to provide drainage and prevent erosion. If it was hardsurface, they will have erosion problems. On each corner, they have dug in drainage basins so the water will go down and pipes are installed underground so the water will drain out. For 30 years they have considered this so they could build there, got the okay to build there, and all of a sudden it is not right. She does not understand what her alternative is. Mr. Newman stated, if the ordinance is passed in its present form, she probably would not have any alternative. Ms. Matthews asked what happens then when the hill erodes, which it will. Then who pays for that? There is no way to contain the 3.10 � PLANNING COMMISSION MEETING. FBBRIIARY 7. 1996 PAGB 11 drainage. They are on top of a hill. The only flat surface of their yard is the driveway into the qarage. She considers this a unique problem. Are there goinq to be exceptions considered? Are you going to categorize all non-paved driveways into the same category as the slides shown where the drives obviously are eroding into the street? Mr. Newman stated, if this issue is dealt with under the public nuisance chapter, there are no provisions or exceptions. If it is dealt with as a zoning issue, there are provisions for variances. Mr. Savage asked if Ms. Matthews was saying that, if °they built a hardsurface driveway, they would have more erosion. Ms. Matthews stated yes. They are at the top of the hill. When they designed it, they dug very little into the hill so as not to disturb the natural upheaval from the glacial flow. Every edge of their yard drops right down into a ravine. They framed the drive with 8 x 8's. It is a clay surface. It is hardsurface. This was done on the advice of a landscape architect and their architect in order to have drainage and save the hill. If they are going to hardsurface the drive, there is not place for drainage. Their neighbor has a hardsurface driveway and he has erosion problems. Mr. Newman stated the drive then absorbs some of the water during a heavy rain and, therefore, they do not have the runoff. Ms. Matthews stated yes. This is how it was designed. When they built their house, they checked into this. This was a precaution at the time. If it is a nuisance, it is one thing and, if it is zoning, it is another thing. If so, she is caught. She would hope the City, if it is not disturbing anyone and not disturbing the City and with the apron back into the yard, that would take care of it. She would be willing to take care of the drain problems of the turnaround. This has been there for 33 years and she would hope the City would not put them all into a"cookie mold". She understands the aesthetics. This is detrimental to her property. She has been written up several times in the paper for trying to be an alterative property and returning it to nature. If I have an alternative property and it does not conform, she is perplexed. She submitted a letter and copies of articles from several newspapers. Mr. Newman stated the Commission received only a copy of her letter. The City Council will be conducting a public hearinq on March 18. He suggested Ms. Matthews provide to staff ahead of time any articles, letters, and/or photos she would like to City Council to receive. 3.11 PLANNING COMMISSION MEETING, FEBRIIARY 7, 1996 PAGE 12 Ms. Matthews stated the pictures shown are legitimate issues. There are others who are not problems, and she did not think it is fair to put those in the nuisance category. When they spend time and money to maintain their property, she did not see how they can be put in that category. Mr. Newman stated he understood her point. However, there are laws that say cities cannot be arbitrary. When passing an ordinance, they need to have clearly defined rules. That is where it becomes difficult, and that is where the Commission needs your input. Ms. Matthews asked, if they comply by making a driveway and their property erodes, what is her recourse. There are exceptions and people have done things for years. They have paid taxes, improved their property, and have a lot the way they want it. Now the City is making this blanket rule. MOTION by Mr. Saba, seconded by Ms. Modig, to receive into the public record the memo from Ms. Mary Matthews regarding this issue. IIPON A VOICTs VOTE� ALL VOTIWG AYB� CHAIRPERSON NEWMAN DBCLARED THE MOTION CARRIED IINANIMOIISLY. Mr. Nelson stated he has lived at 1439 Mississippi Street since 1951. They raised nine kids. They are now retired and cannot afford a driveway. The driveway slopes downhill. There is no water going up hill to the street. They put in crushed rock, and the driveway is as solid as the street. It was put in many years ago. They have two driveways - one goes behind the house. They have to turn around in the yard because of the heavy traffic on Mississippi Street. There is no way to have a driveway go all the way to the garage. That is a long way. Mr. Saba asked the length of his driveway. Mr. Nelson stated he has a 100 foot lot. It would approximately 100 feet down to the garage. In 1960's, he had 100 feet all the way from Mississippi Street to the creek. The City bought the land and built a school. They tore down the school in 1980. If he had that land now, he could sell it and put in a driveway. All he has left is 300 feet with a big garden in back. He is retired now for 12 years and does not have the income to do these improvements. The company he worked for went out of business forcing him to retire early so he has limited income. He cannot afford to put in a driveway. The driveway is as hard as it can be and there is no rock, water or gravel going up hill into the street. He has crushed rock that he keeps packing down. He did not know what this would do to people who cannot afford it. He 3.12 _�� • � • �i_= '� ;� _�_ c did not think it would make sense for them to go into debt and make payments with his circumstances. Mr. Barsness stated he would like to clarify his statement when he showed the second drawinq with the asphalt. That area is all qrass that he drives on. You can drive on qrass occasionally and not kill it. If the ordinance passes, he would have to put asphalt down if he wants to drive on it. Mr. Hickok stated at the neiqhborhood meeting staff provided estimated costs of services available to property owners, as follows: Concrete - $2.50-$4.50 per square foot Pavers - $6.00-$10.00 per square foot Pigmented Concrete -$4.00-$5.00 per square foot Asphalt - $1.25-$2.50 per square foot Chip Seal - up to $3.50 per square foot Mr. Newman �sked if there were any additional comments from the public. There were no further comments. MOT ON by Ms. Savage, seconded by Mr. Saba, to close the public hearing. IIPON A VOICS VOTL� ALI. VOTI�Ta AYE� CHAIRPLR80N NBWMADI D$CLARLD THE MOTION CARRIED AND THE PIIBLIC HBARING CLOSED AT 8:55 P.l[. Mr. Newman stated staff would like the Planning Commission to pass a motion recommending the ordinance to the City Council or to form a recommendation we would like to make to the City Council. Mr. Oquist asked why this was in the public nuisance section as opposed to the zoning section. Is it not a zoning issue rather than a public nuisance issue? Ms. Savage asked what the effect would be. Is there some purpose that would benefit the City to have this under a nuisance? Mr. Hickok stated, under the zoning section, there is a provision for hardsurface drives for every property constructed after 1969. It was deemed a nuisance for code purposes in that, if it was only those drives from homes constructed after 1969 that the City is concerned about, the zoning section would cover that. There would not be an ordinance amendment necessary. There should not be an existing property constructed after 1969 with anything but a hardsurface driveway. It the.other properties that predate this ordinance. The nuisance - health, safety and welfare - characteristics described in the rationale points to somethinq beyond just those homes. It is a bigger picture. The City's 3.13 PLANNINQ COMMISSION ME�TING. F$BR�ARY 7. 1996 PAG$ 14 interest is to eliminate the problems that were spelled out that are nuisance characteristics as defined by law. Mr. Newman stated, to clarify, that the zoning ordinance is not the vehicle to use to address a lawful non-conforming use. However, by addressing it as a nuisance and by setting a time period by which that non-conforming use will be amortized, under the law the City can go back retroactively and apply that. This cannot be done under the zoning ordinance. It must be done under nuisance. Mr. Hickok stated this was correct. Ms. Savage asked about the hardships expressed by the property owners. Has the City considered any other way to address that other than the loans? Mr. Hickok stated, according to State law, the City has a window of time from 0 to 30 years for assessments. It is up to the City to determine where they will fall within that window of time. Whether or not the City would structure it in a way that would run a longer period of time than five years or whether or not there are other interest opportunities, the law is specific about the range and the City does have some discretion. There have been situations where the assessment is a deferred assessment. Staff recommended what they thought would be a reasonable interest rate and a reasonable length of time. Mr. Oquist asked if this would be an assessment against the property for the amount of the improvements to be paid in five years with interest. So, it would be handled like an assessment taxed against the property. Mr. Hickok stated yes. The principal amount would vary. The interest rate would be 7�. Ms. Savage asked, if there is a very unique situation, is there any provision or discretion in the City's enforcement of the statute or any solution. Mr. Hickok stated, unfortunately, if this is in the nuisance section of the code, staff does not have the latitude to say there may be unusual situations. Ms. Savage asked, if the ordinance is passed, would the only recourse, in Ms. Matthew's situation, be a lawsuit. Mr. Hickok stated he would like to think there are design alternatives. The chip seal surface is one example which gives a more natural look but is a bit more expensive. The City's Engineering Staff work with difficult situations and perhaps 3.14 PLANNINQ COMMI88ION MEETING. FBBROARY 7. 1996 PAa$ 15 could achieve a look that is natural and meets the intent of the code. Mr. Newman stated staff would like to think they could find a design alternative, but if not, the only recourse is litigation. Ms. Savage stated she was basically in favor of the ordinance. It is in the best interest of the City. There are obviously some problems, and she did not have the answer. Her general feeling is in favor of the ordinance. Mr. Oquist agreed. He has a dilemma is that he can appreciate the hardships that may come out of this whether they be monetary or a problem with the property. When looking at all the driveways, he thought it was in the best interests of the City as a whole. Mr. Saba stated he liked the intent of the ordinance and he was in support of this ordinance a few years back. Tonight he heard some real concerns. He cannot see f�rcing people into lawsuits or placing financial burdens on the backs of residents, especially those with extremely long driveways or extenuating circumstances. It does not make sense to pave 175 feet of driveway. There must be some limit. They had talked about limits before and it is time to talk about it again. He cannot support the ordinance as it is. Ms. Modig agreed. She has a problem with the individual cases as presented. If these cannot be dealt with on an individual basis in some manner, she did not think they could ask someone to spend $10,000 on a property that is worth $55,000 or undo landscaping that was okayed 35 years ago. She has a problem with it being called a nuisance. She would like to see it in a category where cases could be dealt with on an individual basis and be subject to variances so those with a hardship can deal with it. She cannot support it the way it is. Mr. Saba wondered if there could be an incentive to pave those driveways that need paving. In situations like Ms. Matthews', we should not be forcing her into a different situation. It looks as though she has tried to look at all the alternatives, has worked with an architect and a landscape architect, and has a neat piece of property. To make her change that to somethinq she does not like is something he did not think the City should be doing. They had talked about an assessment. Instead, is there some kind of assessment incentive without passing an ordinance to provide an incentive to pave the first 75 or 50 feet. Being forced to pave 175 feet creates more problems that it solves. He did not know how to handle the problem driveways. Even on asphalt, dirt and oil gets on the driveway and heavy rain washes that out into the street. It does not completely solve the 3.15 PLANNING COMMISSION ME$TING. FEBRIIARY 7. 1996 PAG$ 16 problems of silt and oil washed into the street. He looks at it as more of an aesthetic problem. As an aesthetic problem, he felt it should be solved by working with the residents and by providing incentives rather than by an ordinance. Mr. Newman asked if the assessment system was now in place. Mr. Hickok stated yes. That is where their list originated. There are some economies by using the City contractor. Mr. Saba asked if people were contacted and made aware that the city contractor was available. Mr. Hickok stated yes, people are contacted annuaily. The City has not had as much activity as they had hoped. Ms. Modig stated staff had indicated this action was due to a of complaints. She assumed that was because of the type of parking that is taking place on the property. She sees two different issues. One is an issue of people who are parking cars on their property and the other involves those who take of their property but who cannot or choose not to pave their driveways. She thought these were two different issues. lot junk care Mr. Oquist stated a property owner has five years to do something about the driveway and another five years to pay for it. Is that correct? Mr. Hickok stated, if the owner decided to wait the full length of time, this is correct. Mr. Oquist stated, in response to Ms. l�iodig's statement, unless we can start to define what the driveway is, how do we prevent cars from being parked all over the yard. He was in that dilemma when he moved into a home with a crushed rock driveway, but he did surface the driveway. While it was a hardship, he had the driveway surfaced. That is part of the next part of the ordinance. If you do not define a driveway and the boundaries of the driveway, how do you define where you can park a car? In addition, it is an aesthetic thing. We must get some of these driveways cleaned up. While crushed rock is a good surface, it needs to have additional rock added because it sinks. Mr. Newman stated, when we talked previously, the issue that seemed to surface at that time was the fact that under the ordinance we were restricting parking to a hardsurface area; but in those cases where there was not a hardsurface driveway, the issue was how to prohibit and regulate random parking. At that time, he was opposed to this. He is still opposed to it. Some of the alternatives are to have crushed rock with a minimum size. There is some way to define a driveway area and parking surface. 3.16 �LANNIN(3 COMMISSION MEBTINa. FEBROARY 7. 1996 PAGL 17 He thought they could define or regulate where that is qoing to be. Perhaps we indicate that is must be an area that is clearly define and contains agqregate no less than one inch in diameter, it cannot be wider than the qarage area or no wider than 24 feet, and/or indicate that parkinq needs to occur on that driveway surface. In this way, we can define parameters. He knows they will get into the issue of inoperable vehicles, but perhaps we can say in the ordinance that, if you do not have a hardsurface driveway, then we will set a limit to the number of cars that can be parked there. It seems there are other alternatives to be considered. From an aesthetic standpoint, many of these driveways are unacceptable. He was not sure there are not other solutions short of a bituminous surface. Mr. Newman stated, from a financial standpoint, he knows that staff and the City are concerned about the quality of housing and want to maintain the quality of housing. His concern is that some of these individuals who are qoinq to be hard pressed to pay for the driveway. They may be divertinq funds for that driveway when in fact they should be using that money to reroof their house, repaint, or do other necessary maintenance that would have an effect on the neighborhood. Ms. Savage stated she realizes that for those people who spoke this is a grave problem. To put it in perspective, these are a handful of people who are having problems. She still thought that basically the ordinance is in the best interest of the City. She would not like to see it lessened but rather see the individual problems handled and still keep the ordinance. Otherwise, if you are qoing to chip away at the ordinance, it will not solve the problem. When living in a City, you need to have a hardsurface driveway. Mr. Newman stated that is the reason they previously talked about the alternative of requirinq the drive to be paved upon sale. People who moved here many years ago have seen the tone of the neighborhood change. Staff felt this would be a way to address the need and the new person would need to make the transformation. Two more public hearings will be held. He suggested a motion to recommend that the Planning Commission reconuaend approval only if there were appropriate amendments that would allow flexibility to address situations where it is not a public nuisance or where it creates a financial hardship. If the staff and/or Council could come up with a solution, he thought they would be more supportive of the ordinance. If they cannot, then the alternative is that the Planning Commission recommends to the City Council considering an alternative approach where they look at alternative surfaces such as crushed rock not less than one inch in diameter, clearly define the driveway area using minimum widths, where they provide for a minimum apron area to 3.17 PLANNING COMMI88ION MBBTING. F$BRIIARY 7, 1996 PAGE 18 avoid runoff and erosion in to the street, and consider restrictinq the number of cars parked on a non-hardsurface area. Mr. Saba stated he has sympathy for the gentlemen who has a driveway at the back of the lot and who has a driveway with trees. Perhaps we have to talk about some type of a maximum, such as 100 feet, where they have a hardsurface or crushed rock surface up to a specific limit. When a homeowner has a long driveway that is part of the landscape, he was not sure that crushed rock would serve any purpose. He supported Mr. Newman's proposal. Mr. Oquist asked if crushed rock would cause a financial burden for those with a long driveway. Mr. Newraan stated some of the driveways already have rock. Some will have a financial hardship but he thought it would be reduced. The City also needs to consider the quality of housing. MOTION by Mr. Saba, seconded by Ms. Modig, to recommend to the City Council approval of the ordinance only if the ordinance is amended to provide for flexibility to address situations where it is not a public nuisance or where it creates a financial hardship; if that cannot be accomplished, the alternative is to modify the proposed ordinance to allow for alternative surfaces such as crushed rock not less than 3/4 inch or one inch in diameter, to clearly define the width of driveway area, to provide for a minimum apron area where the driveway enters the street, and to consider restricting the number of cars parked outside on a non-hardsurface area. IIPON A VOICE VOTE� ALL VOTINt3 AYE, CHAIRPERSON NEWMAN DECLARED THB MOTION CARRIED IINANIMOIISLY. Mr. Newman stated the Planning Commission acts in an advisory capacity. The City Council will consider this item at their meeting of March 18. 2. PUBLIC HEARING: CONSIDERATION OF A REVISION TO SECTION 123, ENTITLED "JUNK VEHICLES", AND SECTION 114, ENTITLED "ABANDONED MOTOR VEHICLES" MOTION by Mr. Saba, seconded by Ms. Savage, to waive the reading of the public hearing notice and to open the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE� CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND T88 PIIBLIC HEARING OPEN AT 9t25 P.M. Mr. Hickok stated, at the direction of the City Council, staff is presenting modifications to the sections of the code that deal with junk motor vehicles. The purpose is to increase the 3.18 .:. .,. . . . _ .: . . . .....: . . .. . . . . , ,:, ,,: ,: :>: _ ., . . . _ . ,,,. � . . . �, . . � . . �,.,. � _ , _ . , . _. ... . ;>�>._.,:,:��,zs �. .�s ,.� :. . .. . � •_Y'Y � � � .i YI� . 1 � .�` ' � � .t_1. _ . i C . _ .._i_i�1 _�. ._.k ..__.-- ---.. _ .. " _ effectiveness and efficiency in resolvinq junk vehicle code issues. Staff has proposed an ordinance modification to include the following: 1. To incorporate the definition of "unsafe for operation" to include reference to any state, local or federal regulations includinq but not limited to Minnesota State Statutes 169.468 to 169.75. 2. To include any vehicle which is not reqularly used on City streets as an abandoned, junk or unsafe vehicle. 3. To increase the expediency of junk or unsafe vehicle processing and abatements by using a 5-day notification period which exceeds the 72-hour minimum required by law. 4. To detail the notice, reclamation, and pubic sale requirements concerning abated vehicles. 5. To implement a hearinq process for agqrieved vehicle owners. 6. To include a one-year sunset date from the effective date of this ordinance. Mr. Hickok stated this ordinance was deemed necessary as staff worked through different code situations in the field and determined there is overlap in the two sections of the code, and need some efficiency in addressing the issues with unsafe or inoperable vehicles. Included in the agenda packet was a handout that indicated what staff would look for in the field for unsafe conditions and junk and/or inoperable conditions. Staff�s recommendation is that a vehicie owner be given notice and given five days to correct a situation if the vehicie has either two of the unsafe or one of the junk/inoperable conditions. Mr. Hickok stated the recommended modifications were included in the agenda packet with the proposed chanqes indicated. Mr. Oquist stated he supported the ordinance. He felt the City could not be tough enough. When talking about vehicles, do they need to be motorized vehicles? What about recreational vehicles that are parked year-around and seldom used? What about a trailer home parked on a resident's property, damaged a number of years ago, still parked there and still damaqed? Is that considered a vehicle? Mr. Hickok stated motor vehicles are defined in state statutes as being self-propelled on the highway. The question of the trailer is considered, if demolished, an open storage situation. Staff can look at that under a separate section of the code. 3.19 PLANNINQ COMMISSION ME$TINa, FBBRIIARY 7. 1996 PAQ$ 20 Mr. Newman stated, is summary, staff is going to broaden the definition, speed the process, provide administrative safeguards so we do not infringe on anyone's rights, and then look at it again in one year to see if it is working. Mr. Hickok stated this was correct. Mr. Stahlberg stated he has been working on this for some time. Regardinq the junk vehicle ordinance, Section 114.01, the � newspaper refers to, in the last sentence, the City Council having significant concerns,�amending this section, and talks about violations that occur through March, 1997. He did not understand that. Mr. Newman stated that is what requires the City to come back in one year and revisit this issue. Mr. Stahlberg stated Mr. Newman had mentioned something about l.imiting the number of vehicles in a household. He did not see that in this proposal. Mr. Newman stated it is not in this proposal. That is a part of the recommendation concerning hardsurface driveways and the suggestion that parking areas be defined. Mr. Stahlberg asked what would be done in the case where someone who does not have garage. Mr. Newman stated he did not want to discuss what he has not seen. If the City Council wants to pursue, staff must work with the city attorney on how to proceed. Mr. Newman asked if there were any additional comments regarding the ordinance amendment. There were no further comments. MOTION by Mr. Saba, seconded by Ms. Savage, to close the public hearing. IIPON A VOICE VOTE, ALL VOTING A][B� CHAIRPERSON NEWMAN DBCLARED THS MOTION CARRIED AND THE PIIBLIC HEARING CLOSED AT 9:35 P.M. The Commission expressed their support of the ordinance amendment. MOTION by Mr. Oquist, seconded by Ms. Modig, to recommend approval of the proposed changes to Section 114, Abandoned, Junk or Unsafe Motor Vehicles. IIPON A VOICE VOTE, ALL VOTING AY$, CHAIRPERSOld NEWMAN DECLARED THE MOTION CARRIED IINANIMOQSLY. 3.20 PLANNINO COMMISSION MEETING, FEBRIIARY 7, 1996 PAGE 21 Mr. Newman stated the City Council would consider this item on March 18. 3. PUBLIC HEARING• CONSIDERATION OF A REVISION TO SECTION 128 F.NTTT�D "ABATEMENT OF EXTERIOR PUBLIC NUISANCES" MOTION by Ms. Savage, seconded by Mr. Saba, to waive the reading of the public hearing notice and to open the public hearing.� IIPON A VOICB VOTL, ALL VOTING AYE, CSAIRPBRSON NEWMAN DBCLARED THE MOTION CARRIED AND THE PIIBLIC HTsARIN(3 OPEN AT 9:37 P.l[. Mr. Hickok stated the proposed amendment process allows the City to re-enter property within a reasonable period of time once a nuisance has been abated. The City had a situation where they went through an abatement process. It is an elaborate process in which, after the City has provided notification, allows the owner to appeal the City's view of what is happening on their property. The City has the authority to remove a problem deemed a public nuisance. This amendment provides assurances that the condition does not re-occur. Mr. Newman stated, for example, he dumped 50 tires in his backyard. The City comes in and removes them. He does not reclaim them, but gets another 50 tires and puts them in the backyard. He does not sign a release of property form. Does the City have to restart the process from the beginning? Mr. Hickok stated it basically piggy-backs on the initial notification if it is deemed the same or similar and that person's right to appeal. As an enforcement body, the City would be able to back on that property and clean it up. Mr. Newman stated the release of property is not the operative. Mr. Hickok stated this was correct. The release of property is a safeguard they would use. Mr. Newman asked if anyone had any further questions or comments. There were no additional comments or questions. MOTION by Mr. Saba, seconded by Ms. Savage, to close the public hearing. IIPON A VOICL VOTE, ALL VOTINQ AYE, CHAIRPERBON NEWMAN DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARINQ� CLOSED AT 9s40 P.M. MOTION by Ms. Savage, seconded by Mr. Oquist, to recommend approval of the proposed changes to Section 128, Abatement of Exterior Public Nuisances. 3.21 PLANNINQ COMMI88ION MEETINQ. F$BRIIARY 7. 1996 PAG$ 22 IIPON A VOICE VOTB� ALL VOTI�i�i AYS� CSAIRPLRBO�i NSWMADT DBCLARBD T88 �[OTION CARRI$D IINANI][OIISLY. 4. �CEIVE THE MINUTES OF THE PARKS AND RECREATION COMMISSION MEETING OF DECEMBER 14. 1996 MO ON by Mr. Oquist, seconded by Ms. Savage, to receive the minutes of the Parks and Recreation Commission meeting of December 14, 1995. IIPON A VOICL VO'1'B, ALL VOTI�iQ AYS, CBAIRPBRSON )TEWMAN DLCLARED THE i[OTION CARRIED IINANIl[OIISLY. 5. RECEIVE THE MINUTES OF THE HOUSING & REDEVELOPMENT AUTHORITY M�ETING OF JANUARY 11, 1996 ION by Mr. Saba, seconded by Ms. Modig, to receive the minutes of the Housing & Redevelopment Authority meeting of January 11, 1996. IIPON A VOICE VOTB, ALL VOTINt3 AYS, CSAIRPERSO�T NEWMAN DBCLARED THI� MOTION CARRIBD IINANIMOQSLY. 6. OTHER BUSINESS a. Proposed Redevelopment of Frank's Used Car Site Ms. Dacy stated 1996 will be different. Progress has been made on the Southwest Quadrant and it looks as though the project is headed for approval perhaps by the end of this month. i,ake Pointe development has been progressing as well. The City Council is now focusing on the former Frank�s Used Cars site and redevelopment in areas throughout the City, There are a number of commission appointments pending. The City Council sees this as an opportunity to bring a diverse group onto the commissions. If Planning Commission members have anyone in mind, please bring those names to the City Council. Ms. Dacy stated in 1996 the Commission will hear about the Livable Communities Act, a recent initiative taken on by the Metropolitan Council to assist communities with redevelopment sites, such as Frank's Used Cars. The Metropolitan Council will have an informational meeting about this act and the funding programs they have available. She invited Mr. Oquist as chair of the Human Resources ComYnission to attend. Ms. Dacy stated the Human Resources Commission would review the preliminary Housing Action Plan before it Planning Commission. Staff will also be looking a� housing ordinance. 3.22 be asked to comes to the a fair � e �i� �� • Yi; " � �1. . � ' _ ` Ms. Dacy stated she would provide an update on what the City Council and iiousing & Redevelopment Authority (HRA) have reviewed so far on the Frank's Used Cars site. Staff has worked with the heirs of the property and closed on the property in December. Staff is now working on the acquisition of the two properties to the south. Staff has prepared some development options for the Planninq Commission's input. Mr. Hickok and Ms. l�icPherson will talk about the processes and see if the Planning Commission concurs. Mr. Saba asked if the City Council had already made a commitment as to the housinq for Hyde Park. Ms. Dacy stated there has been a commitment on the part of the City Council and HRA to Hyde Park as their first focus area. This includes some remodeling proqrams, rehab loans, etc. Through the scattered site proqram, they acquired some lots on which single family homes will be constructed. The� are now looking at owner-occupied townhomes on the Frank'� site. The City and HRA are committed to changinq the face of that neighborhood. Mr. Saba asked if input from the neighborhood had been sought regarding this site. Ms. Dacy stated they have not at this point, but they intend to do that after the proposals are reviewed by the appropriate bodies. If anyone has concerns about the site, staff wants to knaw now. The idea of owner-occupied townhomes came up as part of the focus groups that were held last year. There are people in the neighbarhood who see opportunities for redevelopment. Ms. McPherson presented conceptual drawings for the proposed redevelopment area. The area includes the Frank's Used Cars site, the vacant lot to the north, 58th Avenue and 57th Place, and the City Manaqer is working with the two property owners to the south. The total area is approximately 2.5 acres. Ms. McPherson she worked on a variety layouts and redevelopment options for the site. The three options include single family, townhomes, or a senior development. She reviewed each of the options. Ms. McPherson stated the sinqle family option would provide a typical subdivision style which would yield seven units. The lot frontages would range from 75 feet to 90 feet. Ms. McPherson stated the townhome option would yield approximately 17-18 units with four possible layouts. The first would have two private cul de sacs providing to access to clusters of units. The second would be a more traditional row 3.23 PLANNINQ COMMISSION MEBTINQ. FBBRIIARY 7. 1996 PAQ$ 24 house style facing 3rd Street with a smaller cluster to the south. The third would be similar with smaller blocks of units facing 3rd and a smaller cluster to ti�e south. The fourth would have blocks of units each facinq a private road which would . provide access to the units. Ms. McPherson stated the last option is an apartment which could yield 51 one-bedroom apartments for seniors. The building would be three stories with underground and surface parkinq on the site. Ms. McPherson stated these options were presented to the HRA and the City Council. The direction and concurrence was that the owner-occupied townhomes would be the recommended option. Mr. Newman asked if that recommendation was financially based or if there were other reasons. Ms. Dacy stated it was a mixture of both. On the financial side, the single family homes would have a net cost $300,000. The owner-occupied townhome option does cost some money but perhaps half of the detached option. The townhome option also provides the opportunity to gain some variety in sizes, heights, values, etc. Mr. Saba asked if there would be some kind of theme. Ms. McPherson stated staff talked about what would happen along the edge, how that would be presented as the entrance into Fridley and that amenities would be very important. They see a process very similar to the Southwest Quadrant in which neighborhood participation is valuable. They could help set the design guidelines and/or theme for the project. Mr. Saba asked, in the second townhome option presented, would each unit have a two-car.garage. Ms. McPherson stated yes. Mr. Oquist asked if staff had considered carrying the same theme from the Southwest Quadrant into this project so it carries through. Ms. McPherson stated they had talked about picking up some of the design guidelines. Ms. Dacy stated they had also talked about carrying through the fence. She wants to pick up some of those elements. Mr. Newman stated Stonegate has two-story, zero lot line properties. Did staff consider that? 3.24 PLANNING COMMISSION MEETING, FEBRQARY 7, 1996 PAGB 25 Ms. McPherson stated staff did not look at a specific design because they would be getting neighborhood input. With the footprints as presented, a two-story design could fit. Mr. Newman stated, if he lived there, he would be concerned about the townhomes. He was not sure that just doinq 7 split entry home would make a statement to people as they enter Fridley. If we are going to have additional developments, we could do single family with a higher density. It may require a shorter setback or require front porches. If he lived in Hyde Park, he would be excited about it because you are doing something there rather than isolating. With the townhomes, residents are looking inward and are not a part of the neighborhood. The townhome owners in many cases have a different lifestyles than those in a single family home. Ms. Dacy stated, if staff went to the neighborhood, presented this information, and then involved them in coming up with $ome minimum design criteria to develop a request for proposal, staff would then go to the market and have a design to bring back. Ms. McPherson stated staff would show residents pictures of other developments to show them what they may see on the site. Mr. Newman agreed they needed photos. Many developers want to copy their last development. This is small enough that we could get someone in there and see if it would work. If it does, we then have a springboard to replicate that throughout the community. Ms. Dacy stated the City Council and HRA want owner-occupied townhomes. They preferred the fourth townhome option. Staff is asking the Planning Commission's opinion. Staff wants a sense of what you would like to see on the site. Mr. Newman stated he thought they would have a problem selling single family units nearest University Avenue. The units nearer the neighborhood would be more desirable. Ms. Dacy stated the row house style raay provide an opportunity to return to the idea of a front porch, a smaller setback, a garage in the rear accessed by an alley. Mr. Oquist asked if they had considered the one-story cottaqe. Ms. Dacy stated the original one-story empty nester was bigger and would bring down the density. The design could have a one- story unit at the ends with two two-story units in the middle. Mr. Oquist liked the first townhome option with two cul de sacs. It somewhat creates the neighborhood coi�cept. The residents 3.25 PLANNING COMMISSION MEETING, FEHRIIARY 7, 1996 PAGE 26_ there may not be a part of the neighborhood because they are going to be mobile, working people. They likely are not goinq to be "into the neighborhoodn as much. He thought it was a nice project. Mr. Stahlberg asked if staff had an idea of what senior housing demand is going to be in the next few years. He understood that Spring Lake Park has senior housing more like townhomes where each entrance is separate and each has a garage. It is like individual housing and might be something to look at. He grew up with an-alley and does not want to be near another. They tend to collect the junk, trash cans, etc. Ms. Dacy stated there is a high amount of senior demand into the next century. Low income senior housing is in great demand. There is a three-year waiting list at Village Green and a one- year waiting list at Norwood Square. The market rate senior has a tremendous demand. The demand is there. There is also a demand for the younger crowd as well. Mr. Newman stated, if he was retiring in Fridley, he was not sure he would want to be backing onto University Avenue. While there is demand for that type of housing and people want townhomes, he was not sure that that location is where they will want to be. He thought this location would attract a young, first time home buyer. Mr. Hickok stated he thought people want to come to a common area where people can get to know their neighbors. On the first townhome option with the cul de sacs, there could be some nice amenity in the open space between the units to provide an attractive area that would appeal to different ages. MOTION by Mr. Saba, seconded by Mr. Oquist, to adjourn the meeting. IIPON A VOICE VOTE, ALL VOTIN�3 AYE, CHAIRPERSON �18WMAN DECLARED THL MOTION CARRILD AND TH8 FEBRIIARY 7, 1996, PLANNING COMMISSION MEETIN(� ADJOURNED AT 10:15 P.M. Respectfully submitted, �� ,,,� ;� � ' 7 G�� % � Lavonn Cooper Recording Secretary 3.26 S I G N- IN S H E E T . PLANNING COMMISSION.MEETING, .�_.�ifl''(.� , � 3.27 �ys MEMOI�:ANDUM PLANNING DIVISION DATE: February 29, 1996 TO: Wiliiam Bums, City Manager ,�� + FROM: Barbara Dacy, Community Development Director Scott Hickok, Pianning Associate Kurt Jensen-Schneider, Plan�ing Assistant SUBJECT: Establish a Public Hearing for March 18, 1996, for an Ordinance Amendment to Classify Gravel and/or Dirt Driveways as a Nuisance and Prohibit their Use BackQround The driveway issue was first �ddressed by the Planning Commission in September 1993. During the past three months, staff has revisited the issue and addressed concems raised by the ordinance amendment. An ir�formational public meeting was held on January 31, 1996, and a Planning Commission �blic hearing was held on February 7, 1996. The attac;hed ordinanee amendmerrt was reviewed at tjotFi meetings. Recommendation Staff requests that the City Council establish a public hearing for March 18, 1996, for consideration of an amendment to the Fridley City Code, Chapter 110 entitled "Public Nuisance" by omitting Section 19 0.06, Penalties, and adding Section 110.10, Driveway Nuisance; Section 110.11, Compliance; Section 110.12, Assessment; and Section 110.13, Penalties. KJS:Is M-96-105 4.01 110. PUBLIC NUISANCE 3=A AL TL�1TTTf7'ITTA v�v �- _ � , '' � �s--}��e�e�ee��e�--s�re�—i*�ei�re�s--t�t�e�--��re—g�e�re=�e= �'�^cx--"�'�vr-e rxZirrS�r 110.10 DRIVEWAY NUISANCE Gravel. dirt, or unpaved driveways endanqer the safety, health comfort or repose of a considerable number of ineYnbers of the public. Deposits from these driveways obstruct City storm sewers and detention ponds, and detract from the aesthetic character of the property. Furthermore, qravel dirt or unpaved driveways do not adequately define order � parkinq areas they allow unsightly ruts and ditches, and can cause excessive sprayinq of gravel dirt and dust on neighboring properties. Finally gravel dirt, or unpaved driveways do not protect the environment from the seepage of vehicle fluids which can cause siqnificant environmental health risks to the community. Therefore gravel dirt and unpaved driveways are hereby declared a public nuisance 110.11 COMPLIANCE Owners of residential properties containing qravel dirt or unpaved driveways shall construct hardsurface driveways by April 1, 2001. All driveways shall be surfaced with blacktop concrete or other hardsurface material approved by the City 110.12 ASSESSMENT All assessments levied for the repayment of a hardsurface driveway installation shall be reimbursed in accordance with terms and conditions outlined by the City Council Such assessment shall be levied under authority qranted by Minnesota Statutes 429 061 110.13 PENALTIES Anv violation of this chapter is a misdemeanor and subiect to all penalties provided for such violations under the provisions of chanter 901 of this Code. 4.02 MEMORANDUM PLANNING DIVISION DATE: February 29, 1996 TO: Wiiliam Bums, City Manager � �� FROM: Barbara Dacy� Cornmunity Development Direcc�or Scott Hidcok, Planning Associate Kurt Jensen-Schneider, Planning Assistant SUBJECT: Estabiish a Public Hearing far March 18, 1996, for an Ordinance Amendment to indude Provisions Related to the D�nition and Removal of Junk or Unsafe Vehicles from Private Property Background Preliminary review of the junk vehiGe �dinance began in November 1995. Since that time, staff has worked to prepare an ordinance amendment to define junWunsafe vehicles and to define the process for their removal from private property. A Planning Commission public hearing ocxurred on February 7, 1996, and the attached ordinance amendment proposal was reviewed. Ordinance Summarv In summary, the proposed ordinance modification includes the following: A more detailed descxiption of the criteria necessary to d�ne junk vehides. 2. An additiona! definition of unsafe motor vehicles to include reference to State Statutes 169.468 to 169.75. 3. A definition of motor vehide which includes any machine propelled by power which is designed to travel along the ground and transport persons or property or pulls machinery. 4. A detailed five day not�cation and abatement process along with specific 5.01 Establish a Public Hearing for March 18, 1996 / Junk Vehicles February 29, 1996 Page 2 impound, reclaim, and public sale requirements. 5. An aggrieved owner hearing process using the City Hearing Examiner. 6. A one year "sunset date" to allow for a re-examination of the ordinance one year from it's adoption. Recommendation Staff requests that the City Council establish a public hearirag for March 18, 1996, for consideration of an amendment to the Fridley City Code, Chapter 114, entitled: "Abandoned Motor Vehicles." The proposal will amend Chap#er 114 by adding Section 114.07, Hearing, and Section 1'! 4.09, Disposal Authority, and amending Sec�ion 114.01, Policy; Section 114.02, Defini#ions; Section 114.03, Impound; Section 114.05, Notice; Section 114.06, Reclaim; and Section 114.07, Public Sale. KJS:Is M-96-104 5.02 114. ABANDONED JUNK OR UNSAFE MOTOR VEHICLES 114.01 PURPOSE Abandoned junk and unsafe motor vehicles constitute a hazard to the health and welfare of the residents of the community in that such vehicles can harbor noxious diseases, furnish shelter and breeding places for vernain, and present physical dangers to the safety and well being of children and other citizens. Motor vehicles contain fluids which if released into the environment can and do cause significant health risks to the community. The condition of vehicles that are junked and abandoned iunk or unsafe significantiv increase the likelihood that these dangerous fluids might be so released. Abandoned 1unk or unsafe motor vehicles and other scrap metals also constitute a blight on the landscape of the City and therefore are detrimental to the environment. The abandonment and retirement of motor vehicles and other scrap metal constitutes a waste of a valuable source of useful metal. It is therefore in the public interest that the present accumulation of abandoned unk or unsafe motor vehicles and other scrap metals be eliminated, that future abandonment of motor vehicles and other scrap metals be prevented, that the expansion of existing scrap recycling facilities be developed, and that other acceptable and economically useful methods for the disposal of abandoned junk or unsafe motor vehicles and other forms of scrap metal be developed. Because of through March 30 1997 at which Qoint the amendments to_ this section will have no further force and effect unless a further amendment is enacted. 114.02 DEF'INITIONS 1. Abandoned Motor Vehicle. A motor vehicle which has remained outdoors on property within the Citv for a period of more than 48 hours on public property illegally , r has remained for a period of more than 48 hours on private property without consent of the person in control of such property or in an inoperable condition such that it has no substantial potential for further use consistent with its usual functions, unless it is kept in an enclosed garage or storage building. It shall also mean a motor vehicle voluntarily surrendered by its owner to the City or a duly authorized agent of the City. A classic car or pioneer car, as defined in Minnesota Statutes, Section 168.10 shall not be considered an abandoned motor vehicle with the meaning of this Section. 2. Unsafe Motor Vehicle. Any vehicle located outdoors on property within the City in which any systems including; braking steerina suspension electrical lighting motor drive train systems are not functioninct or a 5.03 vehicle which cannot leqally be driven or is in violation of any state, federal or local vehicle equipment or safety regulation including, but not limited to Minnesota Statutes 169 468 to 169.75 3. Junk Motor Vehicle. i�• • - � - � � _ • -• • • •• • � • • •- � � �' . � . � n - - - ' � • � - • • � • - - � - • - • - � - • - a. Any motor vehicle which is not in operable condition. b. Any motor vehicle which is partially dismantled. _ � Any motor vehicle which is a source of retiair or replacement parts for other vehicles. d. Any motor vehicle which lacks component parts. e. Any motor vehicle which is not current reqistered and pronerly licensed for operation with and by the State of Minnesota. 4. Vital Component Parts. Those parts of a motor vehicle that are essential to the mechanical functioning of the vehicle, including, but not limited to, the motor, drive train and wheels. 5. Motor Vehicle Definition. A machine t�ronelled by power other than human power designed to travel alona the ground by use of wheels treads runners or slides and transports persons or property or pulls machinery and shall include, without limitation, automobiles trucks trailers motorcvcles, tractors, 3-wheelers. 4-wheelers and snowmobiles 114.03 i�PAi�I�FH--ABATEMENT The City, or its duly authorized agent, may take into custody.and impound any abandoned junk or unsafe motor vehicle. A vehicle mav be impounded after notice of such proposed a t�eriad of five days prior to such impoundment excludinq Saturdays Sundays and city holidavs for the following reasons: a. When such vehicle is parked and/or used in violation of any law, ordinance or regulation; or b. When such vehicle is abandoned junk or unsafe. 5.04 114.04 VEHICLES IMMEDIATELY SUBJECT TO PUBLIC SALE When an abandoned motor vehicle is more than seven (7) model years of age, lacks vital component parts and does not display a license plate currently valid in Minnesota or in any other state or foreign country, it shall immediately be eliqible for sale at public auction and shall not be subject to the notification or reclamation procedures established by this Chapter. 114.05 NOTICE 1. When an abandoned motor vehicle does not fall within the provisions of Section 114.04, The city shall give notice of the taking within ten (10j days. The notice shall set forth the date and place of the taking, the year, make, model and serial number of the abandoned iunk or unsafe motor vehicle and the place where the vehicle is being held, shall inform the owner and any lienholder of their right to reclaim the vehicle under Section 114.06 and shall state that failure of the owner or lienholder to exercise their right to reclaim the vehicle shall be deemed a waiver by them of all rights, title and interest in the vehicle and a consent to the sale of the vehicle at a public auction pursuant to Section 114.07. 2. The notice shall be sent by mail to the registered owner, if any, of the abandoned junk or unsafe motor vehicle and to all readily identifiable lienholder of record. The notice shall be mailed to the reqistered owner at the address urovided bv the motor ... or personally delivered to s�ch owner or claimanz �� a�u�•�sC= , � torhim`or her. ^If it is impossible to determine with reasonable certainty the identity and address of the registered owner and all lienholder, the notice shall be published once in a newspaper of general circulation in the area where the motor vehicle was abandoned junk or unsafe. Published notices may be grouped together for convenience and economy. 114.06 RECLAIM 1. The owner or any lienholder of an abandoned junk or unsafe motor vehicle shall have a right to reclaim such vehicle from the City upon payment of all towing and storage charges resulting from taking the vehicle into custody with fifteen (15) days after the date of the notice required by Section 114.05. 2. Nothing in this Chapter shall be construed to impair any lien of a garagekeeper under the laws of this State, or the right of a 5.05 lienholder to foreclose. For the purposes of this Section, "garagekeeper" is an operator of a parking place or establishment, an operator of a motor vehicle storage facility, or an operator of an establishment for the servicing, repair or maintenance of motor vehicles. 3. To reclaim a motor veh�cle impounded pursuant to this ordinance, the owner or l�en holder must pay any costs and administrative fees incurred by the City and must aqree to relocate LL i section. In addition the City may require a bond to be posted if said_vehlcle has been subject to a prior imnoundment 114.07 HEARING Anv nrobertv owner who feels aggrieved by an impoundment of a vehicle under this chabter may request a hearing before the Hearinq Ti�a�w�w� �.�u A�� _L __ _ _—_ _ _. ♦. • � � . � � _ _ . _ _ _ the date of service of the notice by the Code Enforcement Officer I�1r� wi.L.�u �__7__ ___1L ____ _. � . __ _ _ . owner of the date time and place of the hearing The hearina shall be conducted no more than twenty 1201 days after the Hearina Examiner receives notice of the request unless a later date is mutuallv aareed to bv the Hearing Examiner the property owner and the_Citv. Both the property owner and the City mav appear at the hearina with counsel and may call such witnesses and present such evidence as is determined by the Hearing Examiner to be relevant Within ten (10) days after such hearing the Hearing Examiner shall affirm, rebeal or modifv the order of the Code Enforcement Officer �L The Hearina Examiner's order shall be accompanied by �written findinas of fact and may include a finding of fact as to the violation of this cha�ter Any person aggrieved by the decision ,.� ��._ .,-------- ---- - - - - followina the filina of a notice of appeal the CouncilMlshall review the decision and findings of fact of the Hearing Examiner and shall affirm reneal or modify that decision If the Council affirms t}1P_ HPari nrr ii'Vatnl norl �. r7ei-.i e.� .... .7....7 ...��.�� i.L_i _ ___ _� _ i_ after twentv (20) davs followina the Council's final determination unless the �ro�ertv owner obtains a court order to the contrar.y within said twenty (20) days 114.0�8 PUBLIC SALE 5.06 1. An abandoned iunk or unsafe motor vehicle taken into custody and not reclaimed under Section 114.06 shall be sold to the hiqhest bidder at public auction or sale, following notice published a reasonable time in advance. The purchaser shall be given a receipt in a form prescribed by the City which shall be sufficient title to dispose of the vehicle. The receipt shall also entitle the purchaser to register the vehicle and receive a certificate of title, free and clear of all liens and claims of ownership. � Disposition ot sale proceeds. From the �roceeds of a sale u�nder this section of abandoned motor vehicle the City shall 114.09 DISPOSAL AUTHORITY period. 5.07 MEMORANDUM PLAr�NING DIVISION DATS: February 29, 1996 TO: William Burns, City Manager ,�I° � FRO1�: Barbara Dacy, Community Development riirector Scott Hickok, Planning Coordinator Kurt Jensen-Schneider, Planning Assistant SQHJECT: Establish a Public Hearing for March 18, 1996, for an Ordinance Amenctm�nt Prohibiting the Return of Abated Property to its Original Location if it Continues to be in Violation of City Ordinances. Background This modification of the Nuisance Abatement Code beqan in November of 1995. Since that time staff has worked to prepare and ordinance amendment to require a release of property agreement which details the conditions in which abated property may return to the site of the initial abatement. A Planning Commission public hearing occurred on February 7, 1996 and the attached ordinance amendment proposal was reviewed. Recommendation Staff requests that March 18, 1996, for City Code, Chapter Nuisances" by addin KTS:kjs M-96-106 the City Council establish a public hearinq for consideration of an amendment to the Fridley 128, entitled: "Abatement of Exterior Public g section 128.07, Release of Property. 6.01 128. ABATEMENT OF EXTERIOR PUBLIC NUISANCES 128.07 RELEASE OF PROPERTY To reclaim those materials that have been removed in accordance with 128.06, the owner or lien holder must pav any costs and �.a,..,,,,�a......L---- �--- ------ - - •- -•- riaht to a hearing will still apply. 6.�2 CITY OF FRIDLEY I�ISIaORA�TDIIffi �� TOs WILLIAlL W. BIIRNB� CITY MANAaLR � FROMs RICHARD D. PRIBYL, FINANCS DIRBCTOR WILLIAM A. CBAMPA, CITY CI.ERR BIIBJBCTs ][INN$SOTl� LAWFIIL QAMBLINQ PREKISB PER1[IT RRNSWAL 1lPPLICATION FOR RNIG�HTB OF COI�IIMBIIS COO�TCIL 4381 FjtIDLSY DATL: FLBRIIARY 29� 1996 Attached is a resolution approving the renewal application for a Minnesota Lawful Gambling Premise Permit for Rniqhts of ColuIDbus Council 4381 Fridl�y. Gambling will be conducted at the Rniqhts of Columbus Hall, 6831 Highway 65 Northeast. Minnesota State Statutes requires the adoption of a resolution approving or denying any type of gamblinq permit. 7.01 RESOLIITION NO. - 1996 RESOLiJTION IN SIIPPORT OF A RENE(�TAL APPLICATION FOR A HINNESOTA Iat�iFUL GA1�tBLING PREMISE PERMIT TO RNIGHTS OF COLITMBIIS COIINCIL 4381 FRIDLEY WHEREAS� the City of Fridley has been served with a copy of a Renewal Application for a Minnesota Lawful Gambling Preffiise Permit for Knights of Columbus Council 4381 Fridley; and WHEREAS, the location of the Premise Permit is for Knights of Columbus, 6831 Highway 65 Northeast; and WHEREAS, the City of Fridley has not found any reason to restrict the location for the charitable gambling operation. NOW, TliEREF'URE, BE IT RESOLVED, that the City Council of the City of Fridley approves the Minnesota Lawful Gambling Premise Permit to Knights of Columbus Council 4381 Fridley. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1996. ATTEST: WILLIAM A. CHAMPA - CITY CLERK 7.�2 WILLIAM J. NEE - MAYOR CITY OF FRIDLEY COMMISSION TERMS THAT WILL EXPIRE IN 1996 FOR CITY COUNCIL CONSIDERATION Term Present Members Ex i es Appointee PLANNING COMMISSION (Chapter 6) (7 Members - 3 Year Term) GENERAL Dave Newman 41-97 CHAIR VICE-CHAIR CHAIR David Kondrick 41-97 PARKS & REC. CHAIR Bradley Sielaff 41-97 ENVIRON. QUALITY CHAIR Diane Savage 4-1-98 APPEALS COMM. CHAIR LeRoy Oquist 41-98 HUMAN RES. AT Dean Saba 41-98 LARGE Term Ex ire AT Connie Modig 4-1-96 4-1-99 LARGE APPEALS COMMISSION (Chapter 6)(5 Members - 3 Year Term) CHAIR Diane Savage 4-1-98 VICE- Larry Kuechle 4-1-96 CHAIR � Catherine Smith 41-97 Carol Beaulieu 4-1-97 Kenneth Vos 4-1-96 ENVIRONMENTAL QUALITY AND ENERGY COMMISSION (Chapter 6) (7 Members - 3 Year Term) CHAIR Bradley Sielaff 41-97 VICE- Bruce Bondow 4-1-98 CHAIR Dean Saba 41-98 Richard Svanda 41-97 John Velin 41-96 Vacant 41-9611.� Vacant 41-98 4-1-99 44-99 4-1-99 4-1-99 Term Term Present Members Expires Appointee Expires HUMAN RESOURCES COMMISSION (Chapter 6) {5 Members - 3 Year Term) CHAIR LeRoy Oquist 4-1-98 J. Raffesberger 4-1-97 Vacant 41-98 Terrie Mau 4-1-96 4-1-99 Clem Coverston 4-1-96 4-1-99 PARKS AND RECREATION COMMISSION (Chapter 6) (5 Members-3 Yr. Term) CHAIR David Kondrick 41-97 VICE- Ma�cy Sibeil 4-1-97 CHAIR Richard Young 4-1-98 Tim Solberg 41-98 Susan Price 4-1-96 4-1-99 CABLE TELEVISION COMMISSION (Sec. 405.28)(5 Members-3 Yr. Term) CHAIR Ralph Stouffer 4-1-96 4-1-99 VICE- Robe�t Scott 4-1-97 CHAIR Paul Kaspszak 4-1-97 Gen Peterson 4-1-98 Burt Weaver 4-1-96 41-99 POLICE COMMISSION (Chapter 102)(3 Members - 3 Year Term) CHAIR John K. Hinsverk 4-1-97 � Mavis Hauge 4-1-98 John Burton 4-1-96 4-1-99 HOUSING AND REDEVELOPMENT AUTHORITY (5 Members - 5 Year Term) CHAIR Larry Commers 6-9-99 VICE- Virginia Schnabel 6-9-2000 CHAIR J. R. McFarland 6-9-97 Duane Prairie 6-9-98� 1 �2 �l ■ �.- J John E. Meyer 6-9-96 4�( 2001 MEMOI�:ANDUM DEVELOPMENT DIRECTOR DATE: February 29, 1996 TO: William Bums, City Manager r�� d� FROM: Barbara Dacy, Community Development Director SUBJECT: First Re�ading of an Orclinance Approving a Rezoning, ZOA #95-01, by Rottlund Homes, Inc. Rottlund Homes, Inc. and the City of Fridley HRA are requesting a rezoning from C-3, General Shopping and R-3, General Multiple Family Dwelling to S-2, Redevelopment District, in order to construct 118 townhomes and condominiums in the Cerrter City Redevelopment District. The S-2 Redevelopment District requires plan approval by the Planning Commission, HRA, and City Council to insure consistency with the objectives of the redevelopment plan. Proposed are 64 three-story townhomes (they are technically considered condominiums) on the east side of 3rc1 Street, and 54 one- and two-story townhomes are proposed on the west side of 3rd Street. The three- story homes will be named "The Gables" and the one- and two-story homes are "The Vllage Homes°. Summary of Issues The developer has submitted a revised site plan which comply with previous staff, Planning Commission, and City Council comments. The petitioner has also submitted a satisfactory landscaping ptan, a detailed site plan for the public/private plaza area in the northeast comer of the site, and also an elevatio� of what the plaza area would look like from the Mississippi Street and Universi#y Avenue intersection. The landscaping plan meets the original criteria established in the City's design guidelines and also provides for sig�ificant plantings along Mississippi Street and University Avenue. 12.01 Rottlund ZOA February 29, 1996 Page 2 The only remaining issue about the fencing plan pertains to the proposed decorative fence along University Avenue. MnDOT will accept, i� lieu of the existing chain link fence, a decorative fence with stone columns and omamental metal fencing, but they require that this type of fence be set back ten feet from the right-of-way line in order to resolve any liability issues. Shifting the fence ten feet to the west is possible if some of the eight-unit building pad locations can be shifted to the west in order to preserve adequate space between the edge of the buildings and the fence. Also complicating the fence location issue is an underground 12 inch Minnegasco line along the right-of-way. Rottlund is providing a 30 #oot utility easement in this area; however, Minnegasco would like at least six to eight feet of clear area to access the line. Shifting the fence ten feet into the property will provide this area; however, a detailed analysis of the location of the plantings in relation to the parking lo#s and three-story buildings needs to be completed. The dev�oper has agreed to analyze the fence relocation. Stipulation #6 requires the installation of #he omamental metal fencing with altemating stone columns subject to the reqWirements of MnDOT, Minnegasco, and City staff. The proposed plaza/park area plan consists of an oval-shaped lawn area, providing a 50' x 100' area for croquet, boccie ball, volley ball, or badminton activities. It is encircled with landscaping and four park benches on the northwest side of the lawn area. The developer has agreed to install three park benches on the southeast side of the lawn area as well as installing three pedestrian-height light standards along the eight foot bituminous trail which traverses through the plaza area. In the immediate vicinity of the intersection, the plaza area is separated from the sidewalk by decorative fencing. An area is also provided for monument signage for the City: � The developer intends to name the development "Christenson Crossing". The monument signs for the development will be located at the Mississippi Street and 3rd Street intersection. The City Council and HRA at a future meeting may want to evaluate installation of a"community oriented" monument sign at the edge of the plaza area facing the intersection. If similar signage and landscaping treatment in the northeast comer of the intersection is installed when that property is developed, an attractive public space is created for the City's "downtown" area. In sum, the proposed plaza space will be very attractive and will provide a neat park space not only for the development's residents, but also for residents and employees in the general vicinity. The developer has submitted an additional floor plan fbr the two-story Ullage townhomes. The plan offers a master bedroom on the first floor. 12.02 Rottlund ZOA February 29, 1996 Page 3 The architectural plans for aA of the units have been submitted. Brick facia is proposed along the first-floor of the three-story units and in certain areas on the front of the Vllage Homes. The floor plans of the eight-uni# buildings have improved since "side entries" are proposed on the end un+ts. in summary, the developer has met ali of the requiremerrts by the staff, Planning Commission, and comments to-date by the City Council, subject to the stipulations noted below. Staff Recommendation Staff recommends that the City Council approve the ordinance for first reading subject to the following stipulations: 1. Rottlund Homes, Inc. shall develop the property in conformance to the site plan dated 2/26/96. The p�titioner shall also oomply with the sdpulations of P.S. #95-01 and SAV #95-02. 2. The Mississippi Street/3rd Street intersection shall be reconstructed in accordance with the design as generally depicted on the proposed site plan dated 2/26/9G which may be further detailed in a Joint Powers Agreement with Anoka County and the City, or amended by County or City staff. It is understood that the construction of the improved irrtersection will be divided equally between the petitioner, Anoka County, Fridley HRA, and the property owner of the Holly Center. The peti#ioner shall obtai� the appropriate permits for work within the Anoka County right-0f-way. 3. Rottlund Homes, Inc. shall execute a landscape easement and maintenance agreement with RAO Manufacturing prior to grading the property. A copy of the agreement shall be submitted for staff approval prior to execution. The agreement shall require Rottlund to install an eight foot fence and coordinate grade elevations with RAO for proper drainage. 4. A$60,000 performance bond shall be submitted prior to the initiation of grading to insure installation and mairrtenance of the proposed landscaping as approved by the City Council. The performance bond shall remain in force through one growing season of vegetation proposed in the plan. 5. The developer shall install the landscaping and fencing treatments as proposed on the plan dated 2/27/96. 12.03 Rottiund ZOA February 29, 1996 Page 4 6. Omamerrtal metai fencing with altemating brick/stone columns shall be instailed along University Avenue subjec:t to the requiremerrts of MnDOT, Minnegasco, and City staff. 7. Rottlund Homes, Inc. shali obtain any necessary permits from MnDOT regarding fencing, udlities, grading, or other issues. 8. The entry features shall be installed acxording to the plan prepared by Arteka dated April 20, 1995. 9. Rottlund Homes� Inc. shall install the improvements in the public/private plaza as specified in the Public/Private Plaza/Park Area Revised Concept Plan dated 2/27/96. Three additional benches shall be included in the plan. 10. All utility boxes or other minor accessory structures shall be properiy screened with vegetation or decorative fencing, per the rules of the utility companies and the City of Fridley. 11. The petitioner shall install all light standards as shown on the site plan dated 2/26/96 including the 25 foot NSP light standards. Additional single globe light standards shall be installed in the southeast part of the site for the attached units, depending on the photometric needs of the driveway areas. Pedestrian- height light standards (six feet) shall be installed through the plaza area. 12. The units. shall be constructed in accordance with the architectural plans dated 2/29/96, or as amended by the HRA. 13. Vsion 2000 windows or an equivalent approved by the City shall be installed in all units. 14. Rottlund Homes, Inc. shaA enter irrto a development contract with the Fridley Housing and Redevelopment Authority and shall comply with all of its provisions. 15. At least one third of the units on the west side of 3rd Street shal! be specifically marketed to seniors at a value between $90,000 to $110,000 and sha1) be one- story in height. The remaining two thirds shall be divided between $110,000 and $120,000, and $120,000 and above. 12.04 Rottlund ZOA February 29, 1996 Page 5 16. The units on the west side of 3rd Street (village homes) shali be constn�cted so as to avoid the same building elevation being constructed immediately ad jacent to one another. � :� . � •. �: 12.05 ORDINANCB NO. ORDI�CB '1'O ��iD TH8 CITY COD$ OF TSE CITY OF FRIDLBY, l[I�iN$SOTA BY ILARINa 11 CHANQB I�T SO�?I�1(� DISTRICTB The Council of the City of Fridley does ordain as follows: SECTION 1. Appendix D of the City Code of Fridley is amended as hereinafter indicated. Be and is hereby rezoned, subject to stipulations adopted at the City Council meeting of , 1996. SECTION 2. The tract or area within the County of Anoka and the City of Fridley and described as: Lot 1, Block 1, Sylvan Hills Plat 6, accordinq to the plat thereof of record in Anoka County, Minnesota; subject to street easement conveyed by Document No. 714188; together with Lot 1, Block 1, Sylvan Hills Plat 7, according to the plat thereof of record in Anoka County, Minnesota; subject to street easement conveyed by Document No. 930569; together with The east 75.1 feet of Lot 3, Block 1, Sylvan Hills Plat 5, according to the plat thereof of record in Anoka County, Minnesota, being that part of said Lot 3 lying easterly of Lot i, Block 1, Sylvan Hills Plat 7; together with that part of abutting 64 1/2 Avenue, vacated, which lies southerly and westerly of a line described in a document recorded in Book 905, Page 427; subject to street easement conveyed by Document No. 969625; together with That part of Lot 1, Block l, Sylvan Hills Plat 5, according to the plat thereof of record in Anoka County, Minnesota, and of abuttinq 64 i/2 Avenue, vacated, which iies southerly and westerly of a line described in a document recorded in Book 905, Page 427; together with That part of the NW 1/4 of the SW 1/4 of Section 14, Township 30 North, Range 24 West, Anoka County, Minnesota (being also part of Block 12, Lowell's Addition to Fridley Park, together with abutting vacated alleys) which is more 12.06 Ordinance No. - Page 2 particularly described as follows: Commencing at a point on the North line of said NW 1/4 of the SW 1/4 distant 1,043.58 feet East from the Northwest corner thereof; thence Southerly parallel with the Westerly line of University Avenue Northeast, also known as State Trunk Highway Number 47, as the same is laid out and constructed a distance of 158 feet; thence East parallel with the North line of said NW 1/4 of the SW 1/4 a distance of 155 feet, more or less, to the said Westerly line of University Avenue Northeast, also known as State Trunk Highway Number 47; thence North along the said Westerly line of University Avenue, also known as State Trunk Highway Number 47, a distance• of 158 feet, more or less, to the North line of said NW 1/4 of the SW 1/4; thence West alonq the North line of said NW 1/4 of the SW 1/4 a distance of 155 feet, more or less, to the point of beginning. Subject to the rights of the public over the North 73 feet thereof for road purposes. Expressly subject also to the rights of the public for a service drive over the East 30 feet thereof. Together with abutting streets vacated or to be vacated. Lot 4, Block 1, Sylvan Hills Plat 5. Lot 2, Block 1, Sylvan Hills Plat 6. Lot 1, Block 1, Sylvan Hills Plat 8. Is hereby designated to be in the Zoned District S-2 (Redevelopment District). SECTION 3. That the Zoning Administrator is directed to change the official zoning map to show said tract or area to be rezoned from Zoned District R-3, General Multiple Family Dwelling and C-3, General Shopping Center to S-2, Redevelopment District. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1996. � � 2.�7 Ordinance No. - Paqe 3 WILLIAM J. NEE - MAYOR ATTEST: WILLIAM A. CHAMPA - CITY CLERK Public Hearing: January 22, 1996 First Reading: Second Reading: Publication: 12,08 ��NN�'�Tq o -%� � a �y � T�, TR� May 15, 1995 Nlinnesota Department o# Transporta#ion Metro}�oliian Divisior� Waten �tige Building 1�00 West Counry Roaci B2 Rosevill�, Minnesota SS 1! 3 �� D�y Community Deveiopment Director City of Fridley 6431 University Avenue NE Fridley MN 55432-4383 Lear B�-bara Du�y : SUBJECT: Stonegate - Preliminary Plat R�view Y/95-028 Southwest quadrant of TH 47 & CSAH 6—Mississippi St. Fridley, Anoka County CS 0205 The Minnesota Department of Transportation (ti1n/DOT) has reviewed the Stonegate preiiminary plat in compliance with Minnesota Statute 505.03, subd. 2, Plats. I apologize for the delay in responding to this proposal and your inquiries. I've answered your questions ( tirst, in the order you asked them. Followin� those are our aeneral comments regarding the proposal. . - l. Mn/DOT does not have as built plaris for Trunk Highway 47 showing existing utilities. The owners •of in-place atilities must be contacted for location�l information. 2. Removal and replacement of the chain link fence with a decorative type including stone piliars is acceptable to Mn/DOT provided it is placed an appropriate distance from the highway to protect motorists. A fence of this type iocated as close to the highway as the existing fence presents a jreatly increased risk of injury as a result of striking rigid iron and stone. We recommend that such a fence be placed 28 feet from the edae of the traveled road as an absolute minimum_ Twenty-zijht feet is the standard for provision of a sa ety or clear zone based on the site conditions at this location and the proposed structure. In addition to increasinQ the hazard potential, failure to observe the accepted standards for provision of a clear zone may be a liabiiity issue. Placement of a iron and stone fence will not be allowed within Ntn/DOT right of way. Questions regarding sarety and liability issues may be directed to Mike Schade�� of our Traffic Studies unit at ?97-3 i 26_ 3. Temporary, emergeacy vehicle access from TH 47 to Satellite Lane is possible. Approval of temporary access will be contingent on strict limitation of its use to emergency vehicles only. Any other use, by construetion vehicles or the general public for instance, will necessitate its closure_ 12.09 An Equu! Upp�. '•: �: = �. Emplo_yer �.:... � Barbara dacy May 15, 1995 Page two 4. Approved Mn/DOT permits will be ne�.ssarY to proceed with items 2 and 3. Bill Warden, of our pernuts section will coordinate permit review. He may be contacted at 582-1443 for information regarding the permit process. � 5. The plat boundary is not consistent with Trunk Highway 47 right of way. Attached is a copy of the right of way map for this location and a copy of sheet C1 from the proposal documents showing TH 47 right of way in red. Questions regarding right of way documentation may be directed to Phil Keen at 582-1?83. 6. The plans indicate that existing drainage patterns will be perpetuated. Any changes in drainage to TH 47 right of way and its stormwater system should be reviewed by vfn/DOT. Changes in existing drainage patterns and volumes discharged to TH 47 may require a Mn/DOT drainage permit. Questions may be directed to Gene Bovey of our Hydraulics section at 779-5053. 7. Mn/DOT's policy is to assist local governments in promoting compatibility between land use and highways. Residential land use adjacent to highways will usually result in complaints about traffic noise. The Minnesota Pollution Control Agency has established noise standards and the U.S. Department of Housing and Urban Development also has guidelines. Traffic noise from this highway could exceed noise standards established by these agencies. Mn/DOT policy regarding new developments adjacent to existing highways prohibits the expenditure of highway funds for noise mitigation measures. The developer should assess the noise situation and take the action deemed necessary to minimize the impact of any traffic noise. If you have any questions regarding this review please contact me at 582-1386. Sincerely, �� i�j�k��a�'7 Cyrus nutson Transportation Planner Attachments t.�' �� c: Jon Olson, Anoka County Engineer Skip Anderson, Anoka County Surveyor 12.10 Main Level Plan ] Upper .Level Pla' -� i �,��, ' � � � , � - , l, � ` � , Wi� /��i�%t/ �� ,�,�w� ov� V�� I��{ 12.11 0 MEMORANDUM DEVELOPMENT DIRECTOR DATE: February 29, 1996 TO: �Iliam Bums, City Manager .�i�i� � FROM: Barbara Dacy, Community Development Director SUBJECT: First Reading of an Ordinance Approving a Vacation Request, �4�/ #95-02, by Rottlund Homes, Inc. The purpose of the vacation request is to vacate the existing drainage and utility easements in the redevelopment project area� to vacate the right-of-way for the frontage road north of Satellite Lane to Mississippi Street� and to vacate the 3rd Street right-of-way just north of Satellite Lane. All utility companies have been contacted regarding the proposed vacation request. Minnegasco has requested retention of a 30 fioot e�asemerrt along University Avenue to retain access to a 12 inch gas main. The proposed plat resenres the requested easement. � The Planning Commission recommended approval of the request #o the Ci#y Council with two stipulations: 1. Rottlund Homes, Inc. shall record ar�y utili#y easements as requested by the utility companies, either on the plat or by separate document. 2. Compliance with the stipulations of rezoning request, ZOA #95-01, and plat req uest, P. S. #95-01. Staff recommends tha# the City Council approve the attached ordinance for first reading with two stipulatio�s recommended by the Planning Commission. BD/dw .. �� ` 13.01 ORDINANCE NO. ADT ORDINANCE IINDER 8$CTIO�i 12.07 OF T8E CITY CHARTSR TO VACATE STRELTS 11�iD l�LLLEyg ]�TD Tp AMEND APPENDIY C OF T8E CITY CODB The City Council of the City of Fridley does hereby ordain as follows: SECTION 1. To vacate streets described as: That part of existing public streets in Sylvan Hills Plat 5, according to the plat thereof of record in Anoka County, Minnesota, described as follows: Lot 2, Block 1, Sylvan Hills Plat 5, except the north 40.00 feet thereof; together with That part of 64 1/2 Avenue and of Lot 1, Block 1, Sylvan Hills Plat 5, lying northerly and easterly of a line as described in a docwnent recorded in Book 905, Paqe 427, Anoka County; together with that portion of service drive as shown on Sylvan Hills Plat 5, which lies north of the easterly extension of the straight-line portion of the south line of Lot 1, Block 1, Sylvan Hills Plat 5; Except that part of the foregoing which lies east of a line drawn 30 feet w�st from, and parallel to, the east line of said service drive, and north of a line drawn 135 feet south from, and parallel to, the easterly extension of the north line of said Lot 2, Block l, Sylvan Hills Plat 5. Al1 of 3rd Street as dedicated on the plat of Sylvan Hills Plat 5, Anoka County, Minnesota, lying easterly of the east line of Lot 4, Block 1, said Sylvan Hills Plat 5, and westerly of the west line of Lot 1, Block 1, said Sylvan Hills Plat 5, and northerly of the following described line: Commencing at the northeast corner of said Lot 4, Block 1; thence on an assumed bearing of South 00 degrees 13' 20" West, a distance of 123.00 feet, along the east said Lot 4; thence a distance of 31.43 feet, along"a tangential curve, concave to the northwest, said curve havinq a central angle 13.02 Ordinance No. - Page 2 of 89 degrees 56' 40" and a radius of 20.02 feet, to the actual point of beqinning of the line being described; thence North 80 deqrees 17' 40N East and a distance of 101.52 feet, being a point on the south line of Lot 1, Block 1, Sylvan Hills Plat 5, and said line there terminating. To vacate existing easements located in Sylvan Hills Plat 5, Sylvan Hills Plat 6, Sylvan Hills Plat 7, and Sylvan Hills Plat 8, and Lowell Addition to Fridley Park, and also easements described as: A ten foot drainage and utility easement lying along the westerly lot line of Lot 1, Block 1, Sylvan Hills Plat 6. A ten foot drainage and utility easement lying along the southerly lot line of Lot 1, Slock 1, Sylvan Hills Plat 6. A ten foot drainage and utility easement lying along the easterly, northerly, and westerly lot lines of Lot 2, Block 1, Sylvan Hills Plat 6. A six foot drainage and utility easement lying alonq the westerly and northerly lot lines of Lot l, Block 1, Sylvan Hills Plat 8, A ten foot drainage and utility easement located in the southwest corner of Lot 1, Block 1, Sylvan Hills Plat 7. A ten foot NSP easement per pocixment #285903 lying over Lot 1, Block 1, Sylvan Hills Plat 8 and over Lot 2, Block 1, Sylvan Hills Plat 6. All lying in the South Half of Section 14, T-30, R-24, City of Fridley, County of Anoka, Minnesota. Be and is hereby vacated subject to stipulations adopted at the City Council meeting of , 1996. SECTION 2. The said vacation has been made in conformance with Minnesota Statutes and pursuant to Section 12.07 of the City Charter and Appendix C of the City Code shall be so amended. 13.03 Ordinance No. - Page 3 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1996. WILLIAM J. NEE - MAYOR ATTEST: WILLIAM A. CHAMPA, CITY CLERK Public Hearing: January 22, 1996 First Reading: Second Reading: Publication: 13.04 MEMORA]�TDUM DEVELOPMENT DIRECTOR DATE: February 29, 1996 � TO: Wiliiam Bums, City Manager �(N FROM: Barbara Dacy, Community Development Director SUBJECT: Resolution Approving a Final Plat, P.S. #95-01 � by Rottlund Homes, Inc. Rottlund Homes is proposing to repiat the property located at the southwest comer of University Avenue and Mississippi Street. Rottlund is proposing to buikl 64 three- story units, which will be sold as condominiums, and 54 one- and tv�-story townhomes. The piat creates lots around each condominium building and a lot for each of the townhomes. The public right-of-way necessary for the 3�+d Street extension is also created. A 50 foot right-of-way is proposed north of Sat�lite Lane, but as the road approaches Mississippi Street, it widens to 70 fee� et its widest point. Outlots have been created around the public/private plaza area, and the proposed ponds. Summary of Issues: The petitioner has.submitted revised drainage and utility plar�s which meet the requirements of the Engineering Department. Appropriate iMomnation was submitted to the Rice Creek Watershed District, and the District deteimined that the site was just outside of its political boundary and a permit was not required. The runoff flowi�g into the District's system, however� complies with its ponding and rate requiremerrts. A stormwater pond mairrt�e agreemerrt is required and must be recorded against the property. The homeowner's association will maintain the ponds and storm sewer lines. An additional fire hydrant needs to be installed in the sou�east comer of the site to serve the two most southem eight unit buildings. 14.01 Rottlund Plat Febtvary 29, 1996 Page 2 Stipulations are proposed to require appropriate language in the condominium and townhouse association documents which address maintenance and repair of sewer and water lines, storm sewers and ponds, landscaping, monumen# signage and fencing, lights, bikeway/walkways, and the plaza area. The documeMs must also address snow plowing, emergency vehicle access, and parking requirements as recommended by the Fre Department. A park fee of $325 per unit is recommended. This equates to 50% of the typical park fee (the Parks & Recreation Commission meeting minutes are attached). The reduction in the park fee is justified given that the dev�oper is installing and maintaining the improvernerrts to the plaza area, as well as providing a public access easement over the plaza and irrtemal bikeway/walkways (see 11" x 1 T plaza plan). The petitioner is also required #o submit public access easements over the plaza area and bikeway/walkways. An easement in the northeast part of the site for a future over/under pass is also required. The development agreement with the HRA will require the developer to complete the 3rd Street improvements in acxordance with City specifications. Rot�und will also construct the Mississippi Street intersection improvements and will be required to comply with typical public bidding requirements. Th�e will be additional action i#ems regarding the intersection improvements on March 18, 1996. The proposed plat contains the requesfed drainage and utiiity eas�nents. � Although not indicated in the submitted drawings, the developer will plat all of the "Village" townhome lots as well as the condominium lots. The site will be developed as follows: 1. Initiate grading - 5/15/96 2. Utility construction - 6/1/96 Marketing initiated also 3. Street construction - 7/1/96 14.02 Rottiund Plat February 29, 1996 Page 3 4. Initiate model construction ASAP: 2 Yllage homes 1 four-unit three-story 1 eight-unit three-story To be open for Parade of Homes 9/9/96 Units will be constructed as quickly as possible. The vflage homes will be completed in groups or clusters. Ou�ot A in the northeast comer of the site will be re�tained by the HRA urrtil a closure letter regarding soii co�ination from MPCA can be obtained. Once obtained, the land will be deeded to Rottlund tor construction of the irnprovernerrt. The Fire Department has requested that an all-weather surface road for emergency vehicles use be provided through the site during construction. Planning Commission Action The Planning Commission recommended approval of the plat s�,ebject to the stipulations recommended by staff. Recommended Action St�#f recor�rr�e�rds -that the Ctty Cour�cil �pro�e the resol�tior� with the s#ipulatioris contained in Exhibit A. BD/dw M-96-102 14.03 RESOI�ITION NO . - 19 9 6 A RESOLUTION APPROVING PLAT, P.S. #95-01, CHRISTENSON CROSSING WHEREAS, the Planning Commission held public hearings on the Plat, P.S. �95-01, on March 29, 1995 and April 26, 1995, and recommended approval; and WHEREAS, the City Council also conducted public hearings on the proposed Plat at their May 22, 1995, July 24, 1995, August 14, 1995 and January 22, 1996 meetings, and approved the Plat at their , 1996 meeting; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley hereby approves the Plat, P.S. �95-01, Christenson Crossing, with the stipulations attached as Exhibit A, and authorizes the Mayor and City Manager to sign the Plat as prepared by BRW, Inc. BE IT FURTHER RESOLVED that the petitioner is requested to record this Plat at Anoka County within six (6) months or said approval with become null and void. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1996. ATTEST: WILLIAM J. NEE - MAYOR WILLIAM A. CHAMPA - CITY CLERK 14.04 Exhibit A Resolution No. - 1996 - Page 2 1. The petitioner shall enter into and record against the property the development agreement with the HRA. The petitioner shall comply with its requirenents including but not limited to the following stipulations: a. The developer shall construct 3rd Street and utilities in accordance with the City of Fridley Engineering standards and specifications. b. The developer shall submit a performance or subdivision bond in the amount of 125� of the improvemet�t cost to ensure proper installation of the street and public utilities. e. The petitioner shall obtain the Minnesota Pollution Control Agency perm�t for storm water management prior to grading on the property. The petitioner shall comply with the requirements of the MPCA permit. d. The site shall be graded according to the grading plan dated 2/2/96. e. The petitioner shall pay $325/unit as park dedication fees. f. Utility lines shall be designed according to the City of Fridley's engineering standards and requirements. The City shall inspect the construction of the utilities. A plan and profile drawing of the sanitary . sewer and water mains sha�l be subm�tted. g. The utility plan dated 2/27/96 shall be amended to include another fire hydrant in the southeast corner of the site. 2. Rottlund Homes shall record the appropriate condominium declaration in compliance with state statute 515A and the appropriate townhome association documents. The documents shall include, and the petitioner shall comply with, the following stipulations: a. The association shall be responsible for the plowing, maintenance, and repair of the private driveways, streets, and bikeway/walkways. The declaration shall permit emergency vehicle access. b. The private streets shall be signed "No Parking" as required by the Fire Department. 14.05 Resolution No. - 1996 - Page 3 c. The association shall be responsible for the operation, maintenance and repair of the storm water system, and shall execute a stona water pond agreement. The pond agreement shall be recorded against the property. d. The association shall flush the hydrants in accordance with City policies, or permit the Public Works Department to perform the flushing. e. The Association shall be responsible for the maintenance and/or repair of the landscaping, entrance monuments, buffer treatments, light standards, and the plaza area in the northeast corner of the site. f. The condominium and townhome documents shall include the final plan of the project as approved by the City Council. g. The condominium declaration shall require the association to repair and maintain private water and sewer lines. h. The documents shall permit the City of Fridley to access the property after appropriate notification to complete repairs and assess the cost of the property against the association if appropriate maintenance is not completed. Repairs includes work on utilities, streets, bikeway/walkways, plaza areas, fencing, and iandscaping. i. The condominium declaration shall include lanquage preventing owners from owning more than two units in the development for rental purposes. j. The documents shall require that hydrants be visible and kept clear of snow or obstructions. 3. The petitioner shall record an easement perinitting public access over the bikeway/walkways, sidewalk, and the public/private plaza area. 4. An easement shall be recorded in the northeast corner of the plat which provides the City of Fridley access and the ability to construct an underpass or overpass. 5. The petitioner shall compiy with the requirements of the Fire Department as specified in Richard Larson's memo dated March 21, 1995. 6. Rottlund Homes, Inc. shall comply with the stipulations of ZOA #95-01 and SAV #95-02. 14.06 MEMO TO: BARB OACY, COMMUNiTY DEVEIOPMENT FROM: RlCHARD IARSON, OEPUTY CHiEF DATE: MARCH 2�, 1995 RE: ROTTLUND SOUTHWEST QUAORANT Issues important to the fire department 1. Access from Mississippi St south into Syivan Hiiis area. Contractor must provide an ali weather surface road for emergency vehicte use. This would i�clude access traveli�g wesi o� Mississippi St (our �ormal route). 2. - Hydrant location lNithi� ccmplex. � - -.. . . ._. - - - . _ . - - -. _ _ . - - --- -- -.. . . ... _. _ _ _._.. .:... __... ... . -- Hydrants must be located within 100 feet of any required fire department sprinkier/standpipe connection. Hydrants throughout development can be spaced no fi.�rther than 400 feet apart. Hydrants that service structures or dead end roads can be no further than 175 feet from the most remove structure. 3. Ali measurements are taken alo�g normai vehicle trave! (curb travel) and not over yards or through open spaces_ 4. All hydrants must be visible and kept clear of snow and obstruction as needed. 5. Any secure building (apartments) that have a common entrance will reGuire the installation of a fire departmen# approved key box for easy entrance by �mergency �ersonnel. RH Uss Iusan4oalu�d 14.07 �� : tournament a few years ago and the commissioners recommendation e the $50.00/field. at that time was to charg ed for the use of Mr. Young stated the soccer tournament was ��heg should all be the fields and he feels if one was charged, Y charged. Mr. Kirk stated he also feels the policy must remain consistent. he 50.00/field or $150_00 fee WOUieldsmreadysand�theecleannup f T $ uts in getting the f work the Ciiy P afterwards. MO_ N by Mr. Young, seconded by Ms_ Price to approve the request for Fields Comm I, Comin 10 and High School Main for th199�lforya Youth Baseball tournament on July 21 through July 23. ee of $�0.00 per field and that th�rashlrempvalCbetassessedeto y f or excess the City for satellites, the Fridley Youth Basebail. IIPON A VOIC� oOTE, �L � ggS VOTING AYE. C�I�P��SON RONDRIGR DECLARED T�E MOTION CARRIED IIN�ZM�IISLY- � � 3. OLD BUSINESS _ ment- a. park Dedication for Stonegate Develop ra e�y is developed, the Mr. ICondrick stated when a piece of p P The RoLtlund Homesl, because City assesses a ca�k Dedication fee to the deve °P�Q the City for developer o= `he S�°negaaQ orti nPofnthe prope=ty they Grill �e dedicating P �a ublic/private space, has asked that their Par}c Dedication ee P ($109,500) be waived. resent to Mr. Kirk stated at May SentofgRottlundPHomes wasrpat1on Commission, Mr. Don Jen est that the dedication fees be discuss the development and requ would like waived. The commissboutrthetrequest�me stated they some time to �hink a .Zr. �irk sta�ed that Rottlund is committed to providing the lan. The public/private space as part of their development p t�e Were ace is estimated at 80,000 squa�'e feet. If y total sp based on the size of their dedicating land to the Ci�y 000 square feet. It was noted development, it would be about 62. e ortion of the area is b� one o� �he commissioners that a Thegstaff was asked to come ponds and unusable for park land. back with the amount of square footage af�er subtra�a�ea always ond area is 15,000 square feet ( � ponding area_ The p this amount from 30,000, they ��. having water). After subtracting ark land- arrived at 65,000 square feet of usable p 14.08 1995 p - .7L7NE 5 ' ION COMMI The liability for Rottlund's Parox matelyl$65S.00Odfor the9Plazaes Rottlund is expected to PaY ste� in addition to planting of tre area and bituminous traii SY ut in larger and landscaping• Mr. Jensen had noted at the last meeting �a if the park fees were waived, theY Would be able to p It is Mr. ICirk's understanding, trees and more dense plantings_ uttinq in however, that Rottlund Homes is still responsible for p trees and landscaping- The total s� are footage of the plaza area is approximately 15,300 square feet. . Mr. Kirk stated what he believes the City Council is looking for is a recommendation from the Park ais developmentca d1ifltheys to what the park fees should be for th should be waived, in full or in pa�- Mr. Young stated he feels no ffullsfeesa bThislhas not been done should be req�air�d to pay the If the City. in the past. It is notand1visibly attractive�e to ma e e property more saleable a recedence for future waives the fee, they are setting P invested a sizable developments. He stated the City has roviaan incentives for the g amount of money in this development��pe that property. Rottlund Company to come in and imp / Ms. Dacy stated redevelopmeni is never a break-even undertaking � and most of the time it is nantaamount ofkmoneYtto acquire�ser. The iiRA has sp?n� a signific T�� av not be able to properties and to cl2ar the propertiesy o utiation on what recover all of �he costs. At this time, the neg assistance Rot�lund receives is•stvelo mentlplan�willsbethe H�'► does not know what the ultimate de P rice on the land and . Everything is negotiated bas�d on the S��rocess before they �n �ey must go through all of the planning p determine the final sale p rice, etc_ No mat�er who develops on the southwest quadrant, the redeveiopment is not a money-�ak1ng venture. ion to the projected selling Mr. Young stated the amount that Roa�lund would need to raise t e price of each unit was small in rel ro erty price of it- He trui� believes that Rottiund Wanf�o�hehe CPty. and if they do not get the money to be appealing rices of the units. He noted t:�ere they will tac'c it on t� t�eCPt Hall for employees to use. The is already a plaza park by y reat benefit to them. new plaza will not necessariiy be of g � ark dedication fee of $109,�00 was based on Mr. Kirk stated the Per unit. a fiqure of $750.00 p � '.. 14.09 ` PARRS AND RECREATION COMMISSION MEETING - JUNE 5 1995 PAGE 7 Mr. Young stated he feels waivinq of the fee allow for improvements to the development which will mainly benefit the people living in it. The City has the responsibility of providing parks for all of Fridley and not just for one small area. Mr. Solberg aske� if there has ever been a situation where Fridley has waived a Park Dedication Fee. Mr. Kirk stated he does not believe a fee has ever been waived. Mr. Solberg stated he agrees with much of what Mr. Young has s�ated. However, what will happen if the City does not approve the waiving of the fees? Ms_ Dacy stated the City Council and the HRA from the very �beginning wanted some type of "focal point" for the development and also to tie it into the "downtown area". The City can still require a public easement over the area. She noted that the past deveioper for the area did not provide anything usable for the area, and Rottlund has proposed a significant amount of improvements that they will do that typically the City would not get with a developer if it was not a redevelopment project plus ( the easement and some aiimount of fees. Rottlund has also _ndicated that thev �aould be responsible for the maintenance of the area. Mr. Kirk stated the past developer wanted the City to take a piece of the property and then also to maintain it. Rottlund has agreed to take over the maintenance of the property regardiess of what the City chooses to do. Mr. Kondrick stated he is in agreement with Mr_ Young: The $109,500 is a lot of money and those dollars are very precious to the City. There could be 30-40 smaller things that the City could use the money for_ Mr. Solberg stated on the flip side, he would like to see the developtnent look as good as possible. The park plaza may be a way to enhance the City. Perhaps a solution would be to waive a portion of the fees, wit� the City stil� receiving some revenue. Mr. Kondrick stated he feels Rottlund will develop the land anyway. In addition they will be maintaining the area. Since that will cost them a considerable amount of money over the years, perhaps the Cit� could give them some sort of credits on a percentage of the money due us. He would be more comfortable with thi.s type of arrangement_ He would not be in favor of waiving the fees altogether_ i� 14.10 PARFS AND RECR£AT_TON COMS4_TSSION MEETING - JUNE S, 1995 PAGE &. Mr. Solberg asked if only a portion of the fees are waived, would Rottlund still provide the same improvements as if they had agreed to waive the entire amount? Mr. Kirk stated he believes that this was addressed at the last meeting by Mr. Jensen of Rottlund Company. He understood that whatever the City credits to them wili go back into the development. Ms. Dacy stated the developer wiil factor back the costs of what they have to spend in order to achieve the development. It is all a negotiation issue when it comes down t� the economics of the project. It is important for the commissioners to keep true to their principles of what the City is getting back in return and how it compares with other requests. Mr. Kondrick stated if the City will not waive the fees, it is his feelings that Rottlund will make the improvements anyway. They will need to put something there that will help to market the townhomes. - Ms. Sibeli asked how long Rottlund has been doing business in the area. Ms. Dacy stated Rottlund has been in the area for some time. f� They have a townhome project on Sullivan Lake and a_redevelopment � project pending in New Brighton. Ms. Dacy informed �he com.*nissioners that if this was not a redevelopment project, Rottlund would have to do either one two things - dedicate l00 of the land or pay park dedication fees. They would just be ciedicating raw lar�d wi�h no improvements and no maintenance. With this development, we getting an easement to the raw land as well as improvements, maintenance and possibly the fees. .f� are Mr. Kondrick stated he feels the park dedication fees would provide a substantial amount of money to the City to allow them to do improvements not only there but also in other areas of the City. Ms. Dacy stated what she understands the commissioners to say is that they are not �eally sure about how much public use the area would provide, but on the other hand the City would be getting something tangible in response_ She stated she feels there should be some amount of reduction in the fees, however that is up to the commission to decide. Mr. Young stated he does not think the average citizen will look at the park plaza as a public parY._ No parking will be provided . other than that provided to the residents. It is likely that �`�� 14.11 PARRS AND RECREATION COMMISSION MEETING - JUNE 5 1995 PAGE 9 i l residents of the townhomes would object to added congestion in the area. Mr. Solberg stated Rottlund is a profit-making entity and it is his feeling that they will find a way to pay for the improvements. They were aware of the costs up front. MOTION by Mr. Yaung, seconded by Ms. Price to recommend to the City Council that no Park Dedication Fees be waived for Rottlund Company and that they be required to pay the full fee of $109,500. QPON A VOICE VOTE, ALL MEMBERS VOTING AYE, CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED IINANIMOQSLY. b. John Gargaro Memorial Mr. Kirk informed the commissioners that since the last meeting of the Park and Recreation Commission, a group of citizens came before the City Council with a petition signed by over i,000 residents, saying that they would like to see C�mmunity Park named after John Gargaro. The City Council had an alternative to their proposal which included a commemorative space which would be used to recognize citizens who have made contributions towards the betterment of the community. Ms. Michele McPherson, Planning Assistant, had des�.gned a:node? of this nroposea ar�a and has ha� an opportunity to discuss the proposal with the City Council as well as with some of the residents. Mr. Kondrick stated since the last,meAting, iL seems to h�m that there are even more people who seem to think the s�me as Mr_ Solberg and himself on this issue. The contribt�tior.s of M�-_ - Gargaro are so extensive and wide s�read that he deserves special recognition. With 1,000 responding to "an issue such as this, it speaks much of what the community wants. He still feels the community par3� should be named after Mr. Gargaro, and it would be a great honor. Mr. Solberg stated Mr. Gargaro was an excepiionai example. He feels that the commemorative space is a wonderful idea and that after they name John Gargaro Corununity Park, they shculd continue with the idea_ P�Is. Sibell stated tr.e number of signatures on the petition represents the community's thouqhts. She feels we need to reiterate to the City Council that we all need to be united on this issue and stress to the City Council how important this is to the community. ��'�r. Young and Ms. Price had no further comments. � 14.12