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07/23/2001 - 4716�FRIDLEY CITY COIINCIL MEETING � � ATTENDENCE SHEET Manday, Ju,�y 23, 2001 � 7:30 P.M. PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN PRINT NAME (CLEARLY) ADDRESS s +. ITEM NUMBER �o��r�.,� , 1,u L � . .SO -� a� � �z . c� � 5��f�3 n ' � �%(.�� � -�% � � � � 6� ' � i� ��l�Lr�"' �/L' , �-y"���� � 5 ��� � L�- rZ.�-�v (D � !l��tr � �n� e.) � �� �2� ��� �s ���. 1(�� � �-r��'e.�i �L q-���r ti'�` � ���1� s�y3 z 6 , � � �. � �. , � � �'� �� � " j � l� . - � A � .�(,e.�C� a� U �-ex_i�� u� -��� �-�� ss"y3� / .3 . �� �� � ' ' � � � �►G.�WO (,n�, �� S� ��hCa�h r2rrt� � � {��yk� ���� � � % Nl�r�L �^�I r�u- l�° �'�v� �l3� 7`o.v /6 � ,� �� — ��(�- !' � � f N S �' I�l� � r�� ('"lN ,� � ; I` �".t � � �� ,: i� �� / i't %11L� - � � c . � �" �r � s ����;�- � �� � � ���� , � � CITY COUNCIL MEETING OF JULY 23, 2001 QTY OF FRIDLEY The City of Fridley will not discriminate agair�st or harass anyone in the �dmission 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, accomrnodation 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. PRESENTATION: Values First Community Circles Program APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of July 9, 2001 OLD BUSINESS: 1. Second Reading of an Ordinance Amending Section 6.06, Contracts, How Let, and Chapter 8, Public lmprovements and Special Assessments of the Fridley City Charter ........................................................................:.... 1- 4 : . FRIDLEY CITY COUNCIL MEETING OF JULY 23, 2001 PAGE 2 OLD BUSINESS (CONTINUED): 2. Second Reading of an Ordinance Amending Chapter 11 of the Fridley City Code Pertaining to Residential Rental Property License Fees ................................................ 5- 6 3. Second Reading of an Ordinance Amending Sections of the Fridley City Code Pertaining to A cessible Parking (Zoning Text Amendment, Z�A #01-02, by the City of Fridley) ............................................................... 7- 11 NEW BUSINESS: 4. Establish a Public Hearing for August 13, 2001, to Consider Officially Deeming the Property Located at 5800 Tennison Drive N.E. (Ward 2) ................................................................................................ 12 5. Request for a One-Year Extension to VAR #00-15, by Vision Woodworking, to Allow a Building Addition, Generally Located at 7890 Hickory Street N.E. (Ward 3) ........................................................................................................ 13 6. Resolution Ordering Preliminary Plans, Specifications and Estimates of the Costs Thereof: UtilityProject No. 342 .................................,................................................. 14 - 15 • FRIDLEY CITY COUNCIL MEETING OF JULY 23, 2001 PAGE 3 NEW BUSINESS (CONTINUED): 7. Resolution Receiving the Preliminary Report and Calling for a Public Hearing on the Matter of Construction of Certain Improvements: UtilityProject No. 342 ................................................................................... 16 - 18 8. Receive Bids and Award Contract for the Investigation and Design of a Replacement I�edestrian Bridge, Generally Located at 6431 University Avenue N.E. (Ward 1) ......................................................... 19 - 21 9. Approve Change Order No. 1 to Street Improvement _ Project No. ST. 2001 — 1 .............................................................................. 22 - 24 10. Claims ........................................................................................................... 25 11. Licenses ....................................................................................................... 26 - 31 12. Estimates ...................................................................................................... 32 - 38 . FRIDLEY CITY COUNCIL MEETING OF JULY 23, 2001 PAGE 4 LEGISLATIVE UPDATE. ADOPTION OF AGENDA. OPEN FC�RUM, VISITORS: Consideration of items not on Agenda —15 minutes. PUBLIC HEARINGS: 13. Consideration of a Rezoning Request, ZOA #01-02, by Bobby Taylor, to Change a Dwelling from R-1 Single Family, to R-3 Multiple Family, Generally Located at 401 Ironton Street N.E. (Ward 3) (Tabled June 18, 2001) ............................................................... 39 - 45 14. Consideration of an Ordinance Amending Chapter 214, Signs, of the Fridley City Code, Pertaining to Automatic Changeable Signs (Zoning Text Amendment, ZTA #01-01, by Daktronics, Inc.) (Tabled July 9, 2001) .............................................................. 46 - 47 FRIDLEY CITY COUNCIL MEETING OF JULY 23, 2001 PAGE 5 PUBLIC HEARINGS (CONTINUED): 15. Consideration of an Ordinance Amending Chapter 402 of the Fridley City Code Pertaining to Water and Sewer Administration — Repairs to Connection....................................................................................................... 48 OLD BUSINESS: 16. First�Reading of an Ordinance to Amend Chapter 214, Signs, of the Fridley City Code Pertaining to Automatic Changeable Signs (Zoning Text Amendment, ZTA #01-01, by Daktronics, Inc.) (Tabled July 9, 2001) .............................................................. 49 - 50 17. First Reading of an Ordinance to Amend the City Code of the City of Fridley, Minnesota, by Making a Change in Zoning Districts (ZOA #01-02, by Bobby Taylor, Generally Located at 401 Ironton Street N.E.) (Ward 3) (Tabled June 18, 2001) ....................................................................................................... 51 - 52 NEW BUSINESS: 18. First Reading of an Ordinance Amending Chapter 402 of the Fridley City Code Pertaining to Water and Sewer Administration — Repairs to Connection....................:..:............................................................................... 53 - 54 FRIDLEY CITY COUNCIL MEETING OF JULY 23, 2001 PAGE 6 NEW BUSINESS (CONTINUED): 19. Variance Request, VAR #01-09, by Richard and Mary Nordstrom, to Reduce the Side Yard Setback to Allow the Construction of an Addition to the Garage with Living Space Above the Garage, Generally Located at 145 Hartman Circle (Ward 3) - ............................................................................. 55 60 20. ReqGest for a One-Year License Extension for a Temporary Office Trailer Located at 7501 Commerce Lane N.E. (Ward 3) .......................................................................... 61 - 66 21. Informal Status Reports ..................................................................................... 67 ADJOURN. 0 . / � FRIDLEY CITY COUNCIL MEETING OF JUL Y 23, 2001 �� � T'he City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activiries. 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. (T"I'D/5'72-3534) PLEDGE OF ALLEGIANCE. PRESENTATION: Values First Community Circles Program APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of July 9, 2001 OLD BUSINESS: Second Reading of an Ordinance Amending Section 6.06, Contracts, How Let, and Chapter 8, Public Improvements and Special Assessments of the Fridley City Charter ................. 1- 4 � �� � 2. Second Reading of an Ordinance Amending Chapter 11 of the Fridley City Code Pertaining __ _ to Residential Rental Property License _ Fees ....................................... 5 6 ���%� `��%�/ � 3. Second Reading of an Ordinance Amending Sections of the Fridley City Code Pertaining to Accessible Parking (Zoning Text Amendment, ZTA #01-02, by the City of Fridley) ... 7-11 r�� ��=�=� 1 NEW BUSINESS: 4. Establish a Public Hearing for August 13, 2001, to Consider Officially Deeming the Property Located at 5800 Tennison Drive N.E. as Hazardous (Ward 2) ............ 12 �'�`��� � APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 5. Request for a One-Year Extension to VAR #00-15, by Vision Woodworking, to Allow a Building Addition, Generally Located at 7890 Hickory Street N.E. (Ward 3) .... 13 � � -rj `%u�'� 6. Resolution Ordering Preliminary Plans, Specifications and Estimates of the Costs Thereof: Utility Project No. 342 0....... 14 — 15 �c� L���� F�� C�� �°ti� � l� � ������ Resolution Receiving the Preliminary Report and Calling for a Public Hearing on the Matter of Construction of Certain Improvements: Utility Project No. 342 ........................ 16 - 18 �'� }�,� �p�.� �� r � ��� � � 8. Receive Bids and Award Contract for the Investigation and Design of a Replacement Pedestrian Bridge, Generally Located at 6431 University Avenue N.E. (Ward 1) ............................................. 19 - 21 �� ���� � � � `� � /� �N � � �� ���� � a. Approve Change Order No. 1 to Street Improvement Project No. ST. 2001-1 22 - 24 ���� �� � 0 FRIDLEY CITY COUNCIL MEETING OF JULY 23, 2001 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 10. Claims ....................................... ��,/���� � PUBLIC HEARINGS (CONTINUED): ... 25 14. Consideration of an Ordinance Amending Chapter 214, Signs, of the Fridley City Code, Pertaining to Automatic Changeable Signs (Zoning Text Amendment, ZTA #01-01, by Daktronics, Inc.) (Tabled July 9, 2001) .... 46 - 47 11. Licenses � ............................................ 26 - 31 � 1 � ��+�mates ...........................� ..� . /r I G��, LEGISLATIVE UPDATE. ADOPTION OF AGENDA. 32 - OPEN FORUM, VISITORS: Consideration of items on Agenda —15 minutes. PUBLIC HEARINGS: 13. Consideration of a Rezoning Request, \ ZOA #01-02, by Bobby Taylor, to Change a Dwelling from R-1 Single Family, to R-3 Multiple Family, Generally Located at 401 Ironton Street N.E. (Ward 3) (Tabled June 18, 2001) ..... 39 - ���� �� �� ��NVz � 15. Consideration of an Ordinance Amending Chapter 402 of the Fridley City Code Pertaining to Water and Sewer Administration — Repairs to Connection ......................................... 48 �V"���� � OLD BUSINESS: 16. First Reading of an Ordinance to Amend Chapter 214, Signs, of the Fridley City Code Pertaining to Automatic Changeable Signs (Zoning Text Amendment, ZTA #01-01, by Daktronics, Inc.) (Tabled July 9, 2001) .... 49 - 50 �.� l�� 17. First Reading of an Ordinance to Amend the City Code of the City of Fridley, Minnesota, by Making a Change in Zoning Districts (ZOA #01-02, by Bobby Taylor, Generally Located at 401 Ironton Street N.E.) (Ward 3) (Tabled June 18, 2001) ........................ 51 - 52 �_-� �lU ( � NEW BUSINESS: 18. First Reading of an Ordinance Amending Chapter 402 of the Fridley City Code Pertaining to Water and Sewer Administration — Repairs to Connection ......................................... 53 - 54 �_.� ��,,��� FRIDLEY CITY COUNCIL MEETING OF JULY 23, 2001 PAGE 3 NEW BUSINESS (CONTINUED): 19. Variance Request, VAR #01-09, by Richard and Mary Nordstrom, to Reduce the Side Yard Setback to Allow the Construction of an Addition to the Garage with Living Space Above the Garage, Generally Located at 145 Hartman Circle (Ward 3) ................... 55 - 60 ����� 1 � 20. Request for a One-Year License E�ension for a Temporary Office Trailer Located at 7501 Commerce Lane N.E. (Ward 3) ............... 61 - 66 _VZ�►��� C� o - �'�-�-ls To 2-r�r �� �•� 21. Informal Status Reports ........................... 67 ADJOURN. 0 MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF NLY 9, 2001 The Regular Meeting of the Fridley City Council was called to order by Mayor Lund at 7:30 p.m. PLEDGE OF ALLEGIANCE: Mayor Lund led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Lund, Councilmember Barnette, Councilmember Billings, Councilmember Wolfe and Councilmember Bolkcom. MEMBERS ABSENT: None. PROCLAMATION: National Night Out - August 7, 2001 Mayor Lund stated that this event provides a unique opportunity for Fridley to join forces with other communities across the country to promote crime prevention efforts. Community partnerships, neighborhood safety awareness, and cooperation aze important themes of the National Night Out program. Mayor Lund presented the proclamation to the National Night Out Advisory Board and to McGruff, the National Night Out mascot. Ms. Myra Harris, Special Projects Safety Coordinator, thanked the Council and Mayor on behalf of the Block Captains, the Fridley Police Department, and the Advisory Boazd. She stated that if anyone would like to participate to please call her at (763) 572-3638 for more information. Councilmember Barnette asked Ms. Harris about Fridley's past participation in the program. Ms. Harris stated that Fridley placed first in Category Four in the nation last year. The Advisory Board passed out National Night Out caps to the Council. APPROVAL OF PROPOSED CONSENT AGENDA: MOTION by Councilmember Barnette to approve the proposed consent agenda. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF JULY 9, 2001 PAGE 2 APPROVAL OF MINUTES: City Council Meeting of June 18, 2001. APPROVED. OLD BUSINESS: 1. FIRST READING OF AN ORDINANCE AMENDING SECTION 6.06, CONTRACTS, HOW LET, AND CHAPTER 8, PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS OF THE FRIDLEY CITY CHARTER (TABLED Ji1NE 18, 2001): �Ir. Burns, City Manager, stated that this ordinance brings the City Gharter up to date with the bidding requirements of Minnesota Statutes. The award of any contract amounting to more than $50,000 shall require an affirmative vote of at least four members of the City Council. Staff recommended Council's approval. WAIVED THE READING AND APPROVED THE ORDINANCE ON FIRST READING. NEW BUSINESS: 2. RECEIVE THE PLANNING COMMISSION MINUTES OF JUNE 20, 2001: RECEIVED. 3. FIRST READING OF AN ORDINANCE AMENDING CHAPTER 11 OF THE FRIDLEY CITY CODE PERTAINING TO RESIDENTIAL RENTAL PROPERTY LICENSE FEES: Mr. Burns, City Manager, stated that the ordinance would raise residential rental license fees by ten percent (10%). If approved, the changes will be effective for the license year beginning September l, 2001. The fees will cover more of the cost of the licensing program. The fees have not been raised since the program's inception in 1994. Staff recommended Council's concurrence. WAIVED THE READING AND APPROVED THE ORDINANCE ON FIRST READING. 4. RECEIVE BIDS AND AWARD CONTRACT ON MUNICIPAL CENTER RECARPET PROJECT NO. 339: Mr. Burns, City Manager, stated that bids were opened on June 21 and we received bids from three vendors. The low bidder was Floors by Beckers in the amount of $110,178.75: The 2001 General Capital Improvement budget identified $140,000 to recarpet the Municipal Center. The vendor passed the reference checks. Staff recommended that the contract be awarded to Floors by Beckers, Inc. 0 � FRIDLEY CITY COUNCIL MEETING OF NLY 9. 2001 PAGE 3 RECEIVED BIDS AND AWARDED THE CONTRACT TO FLOORS BY BECKERS IN THE AMOITNT OF $110,178.75. 5. CLAIMS: APPROVED PAYMENT OF CLAIM NOS. 100141-100469. 6. LICENSES: APPROVED ALL LICENSES AS SUBMITTED. 7. �STIMATES: Approved estimates as follows: Ron Kassa Construction 6005 - 250�' Street East Elko, MN 55020 Miscellaneous Concrete Curb and Gutter and Sidewalk Project No. 338 Estimate No. 3 $ 5,906.37 ' Pearson Brothers, Inc. 240 St. Johns Street Loretto, MN 55357 Street Improvement (Sealcoat) Project No. ST. 2001 - 10 Estimate No. 1 $118,548.96 Dave Perkins Contracting, Inc. 14230 Basalt Street N.W. Ramsey, MN 55303 2001 Street Improvement Project No. ST. 2001-1 Estimate No. 1 $96,819.25 ADOPTION OF AGENDA: MOTION by Councilmember Bolkcom to adopt the Agenda as presented. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF JULY 9, 2001 PAGE 4 OPEN FORUM, VISITORS: Ms. Susan Okerstrom, 1601 Gazdena Avenue N.E., stated that she was representing herself, Angelique Frederiksen, and Beverly Wales. They were present to discuss the lack of enforcement of an agreement signed by the City of Fridley with Steve Varichak and Jim Surdyk, regarding Plat, PS #99-03, for property located at the northwest corner of Benjamin Street and Gardena Avenue. The lots were sold to them without compliance of the sellers in the payment of all water and sewer connection fees. Mr. Varichak stated at the closing that it would be $1,500 to $2,000 to hook up those connections. The connections were never hooked up and now they were expected to finish the connections and pay for them before building. Mr. Varichak holds the position that the lots were sold "as is" and he is not responsible. Mr. Knaak, City Attorney, stated that there is a development agreement. The City was assured by Mr. Varichak's legal counsel that the matter would be taken care of. Mr. Varichak would attempt a reasonable cost-effective way of accomplishing the requirements of the agreement. That has not occurred. Mr. Varichak is refusing to do what he is contractually obligated to do. Until the conditions of the development agreement are met, technically, Mr. Varichak may not sell those lots. This matter will require additional investigation, but the City can move forward to enforce the agreement. Mayor Lund stated that Mr. Varichak was present at a Council meeting a few months ago. He thought that there was some dialogue between the attorneys. Was there anything in writing or was it all verbal communication? Mr. Knaak stated that it was verbal communication. There was some correspondence exchanged between himself and Mr. Varichak's attorney, but there was not a firm commitment. Mayor Lund stated that the plat has not been filed, but it states that they are paying taxes on those pieces of properties. Mr. Knaak stated that they are paying taxes on a parcel. That is possible if the County proceeded on the assumption that everything was going forward normally. The plat was approved conditionally but because one of those conditions has not been met, the plat is not officially accepted. Councilmember Wolfe asked if it was possible to get reimbursed for those taxes. Mr. Knaak stated that he cannot state a position but assuming this is accurate, and the City has reached a point where Mr. Haukaas was prepared to have the work done and it is done, the City would have a number of options. Mayor Lund stated that Mr. Varichak alluded to the fact that nowhere in the development agreement is a time frame mentioned. FRIDLEY CITY COUNCIL MEETING OF JULY 9, 2001 PAGE 5 Mr. Knaak stated that the time frame was prior to the sale of the lots. A purchase agreement is a practice, but not a sale. With a warranty deed as is the case here, there are other problems outside the jurisdiction of Council to deal with. Ms. Okerstrom stated that they have had discussions with Universal Title and were told that the deed was final and filed and recorded with the County. Mr. Knaak stated that this is not an encumbrance the City imposed. It is the title company's fault. That plat is not complete or filed until all conditions have been met. Ms. Okerstrom stated that they received the statement afterwards with the purchase agreement and an �xception to the title insurance, which was the developer's agreement. Mr. Knaak stated that the mortgage company would be interested in that and would probably make it nearly impossible to finance. Mr. Thorson is an excellent lawyer and you would be well advised to pursue that. Mayor Lund stated that Council could press the issue. They have given Mr. Varichak several opportunities to resolve this matter and the Public Works Director did receive bids to get the work done. Councilmember Billings stated that Item No. 10 in the letter states July 29, 2001. Ms. Okerstrom stated that it should state June 29 instead. Councilmember Billings stated that the development agreement does not have a date in it. It is questionable what to sue this developer for. The City as a plaintiff can sue him but there is no timeline. The City Attorney could look at the possibility of the City joining in as an additional plaintiff in litigation against Mr. Varichak. Ms. Okerstrom stated that according to their lawyer, it would be approximately one yeaz should they decide to sue Mr. Varichak. They would like to avoid this and have the Council do what Mr. Haukaas had originally started to do and get bids and have somebody do it. Councilmember Billings stated that lots are assessed. If this does not get paid, it goes to the taxes and the homeowners will end up paying it. Ms. Okerstrom stated that they have a contract for deed. The lot cost $66,000 and they have paid $22,000. Mayor Lund asked if the homeowners have gotten legal counsel. Ms. Okerstrom stated that they have Mr. Thorson. Mayor Lund stated that possibly their attorney, the City's attorney, and Mr. Varichak's attorney could sit down and discuss this matter. FRIDLEY CITY COUNCIL MEETING OF JULY 9, 2001 PAGE 6 Councilmember Billings stated that there may have been criminal acts that have taken place with the warranty deed being given before the plat was complete. The City of Fridley may not have the authority to go in and put in the sewer and water and charge the property owner. The development agreement states it is the responsibility of the developer. Councilmember Bolkcom asked if the City can enforce this development agreement. Mr. Knaak stated that there are provisions in the development agreement that provide enforcement and Mr. Haukaas was relying on those. Questions have been raised about particulars but there may be a bond. Mr. Varichak may dispute this and if that is the case, it can be dealt with when the time comes. Ms. Beverly Wales, 9505 Dogwood Avenue North, stated that she is paying taxes on her lot. She purchased the lot after a divorce but now cannot build because of no water and sewer hook- up. She bought a house in Brooklyn Park. She does not understand how the lots could have been sold with those requirements. She wanted to know if the City ever asked Mr. Varichak what his intentions were. Mayor Lund stated that there is an agreement, and the City is saying that there are certain things Mr. Varichak must do to fulfill his obligation. Mr. Knaak stated that there is no need to characterize Mr. Varichak's actions. The development agreement has specific terms that must be met and they have not. There are certain remedies available to the City which will be pursued. Councilmember Barnette stated that the City is not a party to the land sale. Councilmember Bolkcom stated that if the City owned the lots and sold them they would be part of the land sale. Ms. Wales stated that she paid cash for the lots to Mr. Varichak. The City could enforce the development agreement and then assess the lots to the property owners. Mr. Knaak stated that is one possibility and he is reluctant to lay out the options the City has. Mr. Varichak has a copy of the agreement and so does his lawyer. They know the City's options and Ms. Wales is welcome to obtain a copy of the agreement. Ms. Okerstrom asked how quickly they could receive an answer. Mr. Knaak stated that he did not know. Ms. Okerstrom stated that they wished to occupy the house by October 15. Mr. Burns, City Manager, stated that the City could look at their options and decide immediately. FRIDLEY CITY COUNCIL MEETING OF JULY 9, 2001 PAGE 7 Mr. Knaak stated that they could immediately look at the options and inform NIr. Varichak of their decision. Mr. Burns stated that they could not predict an exact time but they will move quickly. Ms. Okerstrom stated that they purchased those lots a yeaz and a half ago. Had they known all this was going to happen, they would have pursued this earlier. Mayor Lund stated that Council would proceed with this matter until it is resolved. Ms. Angelique Frederiksen, 1601 Gardena Avenue N.E., owner of one of the lots, stated that she has contacted legal representation due to Mr. Varichak not fulfilling his obligation to the development agreement. MOTION by Councilmember Wolfe to accept Ms. Okerstrom's letter with the change of July 29 to June 29 in Item No. 10 on the second page. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mayor Lund stated that it is Council's consensus to direct the City Attorney to move forward and get this matter resolved. Mr. Joe Nelson, 1357 64`�' Avenue, stated that on behalf of Fridley citizens that own trailers, boats, snowmobiles, and jet skis, he is requesting that the city ordinance be amended that prohibits recreational vehicle parking on driveways. He said he keeps his snowmobile trailer behind the house in the summer and the travel trailer alongside the house in the winter when it is not in use. During summer he needs to keep the travel trailer on a level hard surface to keep the refrigerator in the trailer operating. Lawn parking ruins the lawn and the refrigerator in his trailer. He takes pride in his home and keeps his vehicles off the street and as many as possible in the garage. His lawn is kept neat and he has invested over $3,000 in a concrete extension for his driveway to accommodate his travel trailer. The City knew his intention was to keep the trailer on a hard surface. He was told recently that he could no longer use this driveway for that purpose. Because of the current ordinance, he has arranged to move the irrigation system in his yard a second time and install another $2,400 worth of concrete. The current ordinance is not enforced equally and fairly. One trailer has been in violation ten years with the axle block up and has not had tires on it for yeazs. It is parked on a dirt driveway. The ordinance is indiscriminately enforced. Councilmember Wolfe stated that this summer he has received the most calls regarding this ordinance. He agrees wholeheartedly with Mr. Nelson and he is frustrated with the ordinance. Mr. Nelson stated that the day he got the letter, he walked down his street and there was not one person who had received a letter. He is asking the City to reconsider the ordinance. � FRIDLEY CITY COUNCIL MEETING OF JULY 9, 2001 PAGE 8 Councilmember Bolkcom stated that they are looking at that question but there are people who do not want travel trailers and boats around. Research needs to be conducted. A public hearing would have to be held. The question could possibly be put to the people in the next newsletter. Councilmember Wolfe stated that if there are enough people that agree it may be amended. He would like to see something done and as long as the trailer does not block traffic he does not see it as a problem. Mayor Lund stated that it may be complicated to draw the line for what goes and what does not. He is interested in looking at this ordinance. Mr. and Mrs. Reisner, 6424 Pierce Street, stated that they keep their house in good shape and as long as their recreational vehicles do not obstruct the view of traffic this matter should be looked into. Councilmember Barnette stated that Council has agreed and will discuss this matter further. Ms. Lia Rivamonte, 6666 East River Road, stated that she wanted to invite everyone to participate in Banfill Locke Center for the Arts' Celebration of the Arts festival on Sunday, July 22 from 12:00 p.m. to 10:00 p.m. She previously spoke to Council about this festival and requested funds. Since she was denied funds, she would like Council to participate bodily and encouraged all neighbors, friends, and citizens of Fridley to attend this unique, free event. There will be art activities and hourly performances. This is a community gathering. The number for more information is 763-574-1850. Councilmember Billings stated that the State of Minnesota has laws as to what Council can donate funds to. Unless a public good can be demonstrated, public funds are restricted. Ms. Rivamonte stated that she appreciated the support and thanked Council. PUBLIC HEARINGS: 8. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 214, SIGNS, OF THE FIRDLEY CITY CODE, PERTAINING TO AUTOMATIC CHANGEABLE SIGNS (ZONING TEXT AMENDMENT, ZTA #01-01, BY DAKTRONICS, INC.): MOTION by Councilmember Bolkcom to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 8:25 P.M. Mr. Bolin, Planning Coordinator, stated that it was brought to their attention before the Council meeting that the petitioner wishes to postpone action on this item and would it be Council's decision whether to hold the public hearing or wait until the next meeting. � FRIDLEY CITY COUNCIL MEETING OF JULY 9, 2001 PAGE 9 Mayor Lund stated that the public hearing should be held for input and direction. Mr. Bolin stated that Daktronics, Inc., a manufacturer of electronic readerboard signs, is requesting a zoning text amendment to remove the City's requirements that automatic changeable signs should not change a message more than once every 15 minutes. The section removed from the zoning text is Section 214.07. 1 B. It states as follows: B. The message shall not change more than once every fifteen (15) minutes except for a sign displaying time, temperature, and/or date. Mr. Bolin stated that the major revision in 1976 by a committee made up of City officials, sign comparry representatives, and the local Chamber of Commerce, has been so effective that the only revisions have been to correct typos or clarify points made over the last 25 yeazs. The section of code was reviewed in 1984 and 1988 when minor changes were made to the ordinance. At the May 16 Planning Commission meeting during the public hearing, the petitioner submitted a petition with 59 signatures requesting that that section of the sign code be elimiriated. The Planning Commission denied the request citing that the special use permit process and variance process were the appropriate ways to address that question. This change would cause additional visual pollution and the frequency of changing messages is seen as a safety hazard. The case for this is not made strongly enough that it would benefit a very large _ number of people other than the manufacturers of the signs. Mr. Bolin stated that staff recommends concurrence with the Planning Commission. The Appeals Commission and the Council denied a request for the variance to this code section in February. MOTION by Councilmember Bolkcom to accept the petition into the record. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Bolkcom asked if business owners signed the petition. Mr. Bolin stated that it was signed by business owners and managers. Councilmember Bolkcom asked Mr. Bolin to summarize the memorandum that was attached. Mr. Bolin stated that the Planning Commission received a memorandum from the petitioner stating that the Federal Highway Administration has changed views on the changeable readerboard sign. In the first paragraph of the memorandum, the petitioner talks about states making the determination of how often the readerboard signs should change. Councilmember Bolkcom asked if Minnesota has a criteria for frequency. Mr. Bolin stated that he cannot find documentation of any criteria. FRIDLEY CITY COUNCIL MEETING OF NLY 9, 2001 PAGE 10 MOT'ION by Councilmember Bolkcom to receive the memorandum from the Director of the Office of Real Estate Services of the U.S. Department of Transportation, dated July 2, 1996. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Bolkcom asked if there is any indication of other surrounding communities' criteria. Mr. Bolin stated that the research conducted at the time of the variance request did not show any other cities having time frames. Fridley is unique in the time limit and some cities do not follow any time limits at all. Councilmember Bolkcom stated that she had a discussion with a representative from the Chamber of Commerce. They wished to have this tabled tonight so they could get more information regarding MnDOT's policy. Councilmember Billings stated that one of the Planning Commission's concerns was visual pollution. He asked if there had been any other discussions. Mr. Bolin stated that there has been no other options laid out other than simply removing this ' section of the code. Councilmember Billings asked about the 60-day rule. Mr. Bolin stated that they have already extended the 60-day rule once. The end of the 120 days would be August 11. The latest to postpone this would be until the July 23 meeting. Councilmember Billings stated that the petitioner was here this evening and chose to leave and caused the process to be delayed. Council will have to vote on it without having any time to continue it any further. Mayor Lund stated that at the next meeting, Council will have to explain what happened and that based on information received they may have to make a decision the same night. Councilmember Bolkcom asked Mr. Knaak if they could extend this for another 60 days. Mr. Knaak, City Attorney, stated that with one extension so far, if the petitioner is willing to acquiesce and waive any objection Council might otherwise have, it could be e�ended. This would be with consent. Mr. John Rider, salesman for AttractaSign, stated that this is a question of whether Council wants message centers in their town. They have made a lot of improvements in the actual message center in the sign code. The signs are much more affordable now. Incorporating the message center into the same square footage allowed by code would now work better. The FRIDLEY CITY COUNCIL MEETING OF JULY 9, 2001 PAGE 11 Fridley sign ordinance is generous and easy to work with. Changeable letters with the suction cup is not a really good answer. Councilmember Bolkcom stated that message boards are still allowed, except they do not show as many messages at one time. She does not see the public purpose being served by messages being changed more often. Mr. Rider stated that it is in the eye of the beholder but if they are going to regulate the time in between they should allow it or not allow it. Every one of the cities around Fridley allows a message center. There is no time limit whatsoever and they are not regulated. Coon Rapids, Spring Lake Park, and Moundsview allow message centers. Councilmember Bolkcom asked if there are communities that do not allow them at all. Mr. Rider stated that he cannot think of one. The machines have become more computerized and less expensive. Mayor Lund stated that there has been discussion of putting a readerboard up at City Hall rather than having the suction cup sign. Mr. Rider stated that Anoka Ramsey Community College had a suction cup message board with a catwalk and somebody fell off. They got sued. A computer is much easier to enter the message into. Councilmember Bolkcom stated that you can have a readerboard without changing the message. Mr. Rider stated that whether it changes every minute or not is not the issue. Councilmember Bolkcom stated that the hearing is regarding allowing the readerboard signs to change more than every 15 minutes. 1VIr. Rider stated that if the signs aze not allowed to change, there is no sense in having them. MOTION by Councilmember Billings to continue the public hearing until July 23 at which time Council will allow up to 7 minutes for additional input from people who were unable to attend this evening. Seconded by Councilmember Wolfe. Councilmember Barnette asked if Councilmember Billings really wanted to limit the time for additional input. Councilmember Billings stated that he did. Council took the time to be at the meeting to discuss this matter and spent the City of Fridley's taxpayer dollars to advertise for the discussion. Councilmember Bolkcom stated that the Chamber of Commerce could not be here tonight and she is not sure why the petitioner left. She does not believe that seven minutes would be enough time for discussion. FRIDLEY CITY COUNCIL MEETING OF JULY 9, 2001 PAGE 12 Councilmember Barnette stated that the petitioner should have stayed, but seven minutes is a little short of time. Mayor Lund stated that it is unfortunate that the petitioner left, but seven minutes may not be enough time. UPON A VOICE VOTE, COUNCILMEMBERS BILLINGS VOTING AYE, MAYOR LUND AND COUNCILMEMBERS BARNETTE, WOLFE AND BOLKCOM VOTING NAY, MAYOR LUND DECLARED THE MOTION FAILED 4 TO 1. MOTION by Councilmember Bolkcom to continue the public hearing to July 23. Seconded by Councilmember Barnette. UPON A VOICE VOTE, MAYOR LUND AND COUNCILMEMBERS BARNETTE, WOLFE AND BOLKCOM VOTING AYE, AND COUNCILMEMBER BILLINGS VOTING NAY, MAYOR LUND DECLARED THE MOTION CARRIED 4 TO 1. 9. CONSIDERATION OF AN ORDINANCE AMENDING SECTIONS OF THE FRIDLEY CITY CODE PERTAINING TO ACCESSIBLE PARKING (ZONING TEXT AMENDMENT, ZTA #01-02, BY THE CITY OF FRIDLE�: MOTION by Councilmember Bolkcom to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 8:52 P.M. Mr. Bolin, Planning Coordinator, stated that staff is requesting a zoning text amendment that will update accessible parking requirements in order to comply with the Americans with Disabilities Act (ADA) as listed in Minnesota Rules, Chapter 1341. In 1990, the ADA was signed into law to protect -against discrimination of people with disabilities. Fridley's ordinance pertaining to accessible parking does not reflect changes made to Minnesota Rules, as it was last updated in 1988. City Code currently requires one handicapped stall for each 50 spaces. Minnesota Rules, Chapter 1341 requires one parking spot for each 25 spaces. This will require changes to the parking sections of all zoning districts. We will be changing the definition of handicapped parking stall, accessible parking stall, and adopting the definitions in Chapter 1341 to insure that persons with disabilities have their parking needs met in Fridley and updating the City's parking ordinance for consistency with State rules. The Planning Commission approved the zoning text amendment and Staff recommends approval. Councilmember Billings asked if the new language in all the various zoning classifications would be that we are adopting Minnesota Rules, Chapter 1341. Mr. Bolin stated that was correct. FRIDLEY CITY COUNCIL MEETING OF JULY 9, 2001 PAGE 13 Councilmember Billings stated that as the rules change, we will be updating our ordinances. Mr. Bolin stated that was correct. MOTION by Councilmember Billings to close the public hearing. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 8:56 P.M. NEW BUSINESS: 10. FIRST READING OF AN ORDINANCE TO AMEND CHAPTER 214, SIGNS, OF THE FRIDLEY CITY CODE PERTAINING TO AUTOMATIC CHANGEABLE SIGNS (ZONING TEXT AMENDMENT, ZTA #01-01, BY DAKTROIVICS, INC.): MOTION by Councilmember Billings to table this item. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 11. FIRST READING OF AN ORDINANCE AMENDING SECTIONS OF THE FRIDLEY CITY CODE PERTAINING TO ACCESSIBLE PARKING (ZONING TEXT AMENDMENT, ZTA #01-02, BY THE CITY OF FRIDLE�: MOTION by Councilmember Billings waive the reading and to approve the ordinance on first reading. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 12. PRELIMINARY PLAT REQUEST, PS #01-03, BY NEDEGAARD CONSTRUCTION CO., TO CREATE FOUR LOTS FOR SINGLE-FAMILY HOME DEVELOPMENT, GENERALLY LOCATED AT 5353 FILLMORE STREET N.E. (WARD 1): Mr. Bolin, Planning Coordinator, stated that Fridley City Code requires that lots in the R-1 zoning district be a minimum of 75 feet in width and have a minimum total lot area of 9,000 square feet. All the lots in question range in size from 77 feet to 83 feet in width and are all over the 9,000 square foot minimum. There is a British Petroleum gas line that runs across this property, and the stipulations are the result of requests by British Petroleum. Mr. Bolin stated that the public hearing at the June 20 Planning Commission meeting resulted in the unanimous approval of this plat request with stipulations. Staff recommends approval with 14 stipulations. FRIDLEY CITY COUNCIL MEETING OF JULY 9, 2001 PAGE 14 Mr. Bruce Nedegaard, Nedegaard Construction, asked about the 14�' stipulation. Councilmember Billings stated that it refers to the development agreement. Mr. Bolin stated that this stipulation outlines the developer's obligation to install utilities. Mr. Nedegaard stated that he has no problem with anything. Councilmember Barnette stated that he thinks the neighbors are looking forward to the improvement. Mr. Burns asked when construction would start and what the values of the homes would be. Mr. Nedegaard stated that construction would start as soon as they received approval. The homes would be between $275,000 and $375,000. An architect would design all the homes. MOTION by Councilmember Billings to approve PS #01-03 with the following stipulations: 1. Petitioner shall obtain all necessary building permits prior to construction. 2. Any remaining debris from demolition of existing home and any outdoor storage on site shall be removed prior to granting of the final plat. ' 3. Regular maintenance of the site to be done by the developer until the homes are built. 4. Grading and drainage plan to be approved by City's Engineering staff prior to the issuance of any building permits, in order to minimize impacts to the surrounding properties. 5. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 6. During coristruction, silt fencing shall be used where applicable. 7. Petitioner to pay $1,500 per lot park fees prior to issuance of building permits. 8. Petitioner shall be responsible for the installation of sewer and water service connections from property line to existing City utilities. Plan to be approved by City's Engineering department. 9. The petitioner shall agree to preserve mature trees to the extent possible. All trees required to be removed for the new homes shall be marked and approved by City staff prior to issuance of building permits. 10. Petitioner shall provide easements as shown on preliminary plat drawing. . FRIDLEY CITY COUNCIL MEETING OF JULY 9, 2001 PAGE 15 11. At British Petroleum's request, petitioner shall agree to not build closer than 25 feet from the centerline of the BP Pipeline that results in a depth of less than 3 feet. 12. No soil can be removed from over the BP Pipeline that results in a depth of less than 3 feet. 13. Utilities crossing the BP Pipeline must be located below it and have a minimum cleazance of 12 inches between structures. 14. A Development Agreement outlining the developer's obligation to install utilities, etc., will be prepared by the City and shall be signed by the petitioner, prior to final plat approval. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 13. _ INFORMAL STATUS REPORTS: Mr. Burns stated that the Chamber of Commerce is requesting to have a lazge concert on the parking lot of Columbia Arena. Mn/DOT Commuter Rail Station plans have been received. Staff is going to embark on a comprehensive code enforcement program for commerciaUindustrial property. The Metropolitan Council has a proposal for affordable housing in Fridley. Their success depends on the availability of property in the city. Councilmember Wolfe asked Mr. Hickok for more information about hard surface driveways. Mr. Hickok, Community Development Director, stated that the deadline is December 1, 2002. Staff is contacting residents this year reminding them of the deadline. ADJOURN: MOTION by Councilmember Barnette to adjourn the meeting. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE JULY 9, 2001, CITY COUNCIL MEETING ADJOURNED AT 9:10 P.M. Respectfully submitted, Signe L. Johnson Recording Secretary 0 Scott J. Lund Mayor = AGENDA ITEM CITY COUNCIL MEETING OF F� °� July 23, 2001 To: William W. Burns, City Manager ��I� From: Richard D. Pribyl, Finance Director �jp Debra A. Skogen, City Clerk Date: � July 18, 2001 Re: Second Reading of Proposed Charter Amendment on Chapter 6 and 8 of the Fridley Charter Pertaining to Contracts, Public Improvements and Special Assessments A public hearing was held on June 4, 2001, and continued to June 18, 2001, pertaining to the Charter Commission proposed amendments to the City Charter. The public hearing was closed and - the first reading of the ordinance was held on July 9, 2001. Staff recommends a motion holding the second reading of the ordinance as shown in Attachment 1. 1 Attachment 2 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 6.06, CONTRACTS, HOW LET AND CHAPTER 8. PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS OF THE FRIDLEY CITY CHARTER The City Council of the City of Fridley does hereby ordain as follows: That the following sections of the Fridley City Charter be amended as follows: Section 1: That Section 6.06. CONTRACTS, HOW LET, be amended as follows: In all cases of contracts for the purchase of inerchandise, materials or equipment or for any kind of cor�struction work undertaken by the City, which require an expenditure of more than that which� is set by the State Statutes, unless the Council shall by an emergency ordinance otherwise provide, the City Manager shall advertise for bids by at least ten (10) days published notice in the official newspaper. When a bid is required, it shall be let to the lowest responsible bidder who is gualified in accordance with Minnesota State Statutes as determined by the Council. The Council may, however, reject any and all bids. Nothing contained in this Section shall prevent the council from contracting for the doing of work with patented processes, or from the purchasing of patented appliances. Section 2: that CHAPTER 8. PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS, be amended as follows: Section 8.01. THE CITY PLAN. The present �ge zoning and com�rehensive plans shall be the plans for future physical development of the City. ��Plans may be ultered from time to time. To alter s�sl� a zonin plan, the City Council shall hold a public hearing and notice published fourteen (14) days prior to hearing with notices sent to affected property owners. It may include provisions for zoning, for the platting and development of new areas, for the planning and location of public works of art, public buildings, parks, playgrounds, bridges, transportation lines, and other public facilities, and for laying out, g��g improving e€ streets and public places as well as� all other matters which may seem essential to such a plan. Section 8.02. ENFORCEMENT OF CITY PLAN. The Council shall have all necessary power, acting through the City Manager, to enforce complete adherence by all persons to the plans adopted as provided above, and to adopt and enforce a comprehensive zoning ordinance. The Council shall have power to pass ordinances to regulate the use of private property, the height of buildings, and the proportion of the area of any lot which may be built upon and to establish building lines. Such power shall be exercised to promote public health, safety, morals, welfare and convenience. 2 Ordinance No. Section 8.03. PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS. Page _ The City shall have the power to make any and every type of public improvement not forbidden by the laws of the State and to levy special assessments to pay for all such improvements as are of a local chazacter, in _ accordance with Minnesota State Statute Chapter 429 Local Improvements, Special Assessments. The amounts assessed to benefited property to pay for such local improvements may equal the cost of the improvements, including all costs and expenses connected therewith, with interest, until paid, but shall not exceed the benefits to the property. Section 8.04. LOCAL IMPROVEMENT REGULATIONS. , . The City Council may prepaze and adopt a comprehensive ordinance, prescribing the procedure which shall determine all matters pertaining to the making of local improvements thereafter, and such ordinance shall supplant all other provisions of law on the same subject and may be amended only by an affirmative vote of at least four (4) members of the City Council. Such ordinance shall provide for such notice and hearing in the ordering of improvements and the making of assessments therefore as shall be necessary to meet constitutional requirements. Such ordinance shall also require a petition of a majority in number and interest of the owners of property to be assessed for such improvement, or improvements, for the initiation thereof; provided that the City Council may proceed upon its own initiative hereunder and under such ordinance by resolution adopted by €�e-�5� four/fifths 4/5 affirmative votes of the City Council after a proper notice and heartng. (Ref. Ord. 776) Section 8.05. PUBLIC WORKS HOW PERFORMED. Public works including all local improvements, may be constructed, extended, repaired or maintained either by contract or, ' , , directly by day labor. Before receiving bids the City Manager shall, under the direction of the City Council have suitable plans and specifications prepared for the proposed material or project and estimate of the cost thereof in detail. The award of any contract amounting to more than t� fiftv thousand dollars ($�50,000) shall require an affirmative vote of at least four (4) members of the City Council. When the best interest of the City will be served thereby, the City Council may organize a s�a� up blic works department under competent supervision and provided with suitable equipment. (Ref. Ord. 776) 2. The right is reserved to the City Council, upon the recommendation of an engineer, acting through the s�a�,� public works department, to bid on any work to be let by contract. All contracts shall be let to the lowest responsible bidder who is aualified in accordance with Minnesota State Statutes. � The term "lowest responsible bidder" shall be interpreted as giving the City Council the right to accept any bid which it determines to be most advantageous to the City. The City Council shall reserve the right to reject any or all bids in accordance with Minnesota State Statute Chapter 429. r�e+.,:�ea °ea:,,,,� ,. +�.e .,a..e,.t:,.e.�.��+ � �.•a a +�. +• � +�, �� Ordinance No. Page _ . The City shall require contractors to fiunish proper bonds for the protection of the City, the employees and material person. (Ref. Ord. 776) PASSED AND ADOPTED BY 'THE COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 2001. ATTE$T: Debra A. Skogen — City Clerk Public Hearing: June 4, 2001 First Reading: July 9, 2001 Second Reading: Publication: I. I �. Scott J. Lund — Mayor � f CRY dF FRIDLEY TO: FROM: DATE: t SUBJECT: AGENDA ITEM CITY COUNCIL MEETING OF JULY 23, 2001 � William W. Burns, City Manager � � Ralph Messer, Fire Marshal July 16, 2001 Ordinance Change for Rental Fee Increases Attached for second reading is an ordinance amending the Fridley City Code pertaining to residential rental property license fees. This change will increase residential rental license fees by 10 percent. Rental license fees currently fund approximately 45 percent oi the rental inspection program budget. If approved, this change will be reflected for the license yeaz beginning September 1, 2001. Staff recommends approval of the second reading of this ordinance. Attachment 0 5 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 11 OF THE FRIDLEY CITY CODE PERTAINING TO RESIDENTIAL RENTAL PROPERTY LICENSE FEES The City Council of the Ciry of Fridley hereby finds, after review, examination and recommendation of staff, that the current Chapter 11, Fee Schedule, of the Fridley City Code, pertaining to Chapter 220, Residential Rental Property Maintenance and Licensing Code, to be inadequate to meet the costs required for the inspection under the Municipal Code and hereby ordains the fee schedule be amended as follows: Cl�apter 220 - Multiple Dwelling Single rental unit Two rental units Three units Four units Five or more units Reinspection Fee Transfer Fee License Fee after revocation or suspension S�5 $27.50 $59 $55 S� $82.50 $�9� $110 5�94 $110 plus $� $5.50 per unit $b9 $66 $25.00 150% times the annual license fee PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF NLY, 2001. ATTEST: DEBRA A. SKOGEN — CITY CLERK First Reading: July 9, 2001 Second Reading: July 23,2001 , Publication: � SCOTT J. LUND - MAYOR 0 / � QTY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF JULY 23, 2001 Date: 7/23/O1 To: William Burns Ci Mana er �� , n' g � From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stephanie Hanson, Planner RE: Second Reading of ZTA #01-02 M-01-90 INTRODUCTION City Staff is requesting a zoning text amendment that will update accessible parking requirements in order to comply with the Americans with Disabilities Act (ADA) requirements as listed in Minnesota Rules, Chapter 1341. PAST COUNCIL ACTION At the July 9, 2001, City Council meeting a public hearing was held and Council held the first reading of this zoning text amendment. PLANNING COMMISSION ACTION At the June 20, 2001, Planning Commission meeting, a public hearing was held for ZTA 01-02. After reviewing the staff report and hearing from City Staff, a motion was made to recommend the approval of the proposed zoning text amendment. The motion passed unanimously. PLANNING STAFF RECOMMENDATION City Staff recommends that the City Council approve and hold the second reading of ZTA O l -02. " 7 ORDINANCE NO. AN ORDINANCE AMENDING SECTIONS 205.03.57, 205.09.05, 205.13.05, 205.14.05, 205.15.05, 205.16.05, 205.17.05, 205.18.05, 205.19.06, AND 205.25.08 OF THE FRIDLEY CITY CODE PERTAINING TU ACCESSIBLE PARKING The City Council of the City of Fridley hereby finds, after review, examination and recommendation of staff, that cunent Chapter 205, Zoning, of Fridley City Code, pertaining handicap parking be updated and amended to reflect the changes made in Minnesota Rules Chapter 1341, to accessible parking spaces and herby ordains the following: Section 1 i Section 205.03.57 is hereby amended as follows: 205.03. Definitions (57). Parking Stall, �g Accessible n �, i i i � � � « • a �. �, �. !7!1\ F � � e +,. ,.+,. e r � � -rovc-Tiicc-v�-��=°ciirj-�cv7 rvor-roiz�ui- �.. �.. .��.,.... .,.... �.� + t.'1 ,a 1,. +.�.1 ..ti;,..,1 +,. +L.,, 1..,,:1.7:.. «�....«..� uucrnzivvrrc-ccrnz-ivcucccc-fc3-izcFsrisS--piis ,,....,. �., � .... ...........b :...�...a.,., .... . � . Accessible parking spaces will be provided in accordance with Minnesota Rules, Chapter 1341. Section 2 Section 205.09. R-3 GENERAL MULTIPLE DWELLING DIS�TRICT REGLJLATIONS is hereby amended as follows: 205.09.05 PARKING REQUIREMENTS C. Parking Ratio. �3� ia a• ,,,.i�:.,,. ,. ,;ii t,o,� ,;a�a „ „��„t.�;..�.ea :,, rr„i.�� cc,-^.--�^�r� Y Y b Y� YY� *�.° c*�+° �,,;,a;r,�-r'�a°- Accessible�arking spaces will be provided in accordance with Minnesota Rules, Chapter 1341. : Section 3 Section 205.13. C-1 LOCAL BUSINESS DISTRICT REGULATIONS is hereby amended as follows: 205.13.05 PARKING REQUIREMENTS C. Parking Ratio. �2) . Accessible parking, snaces will be , provided in accordance with Minnesota Rules, Chapter 1341. Section 4 Section 205.14. G2 GENERAL BUSINESS DISTRICT REGULATIONS is hereby amended as follows: 205.14.05 PARKING REQUIREMENTS C. Parking Ratio. �2� �+ ,�„�+ „ � i, � �.,.�a:,.,.� ,.cc �+..,,�+ ...,..i�;.,,, � o ��.,,ii �.,o � ,:a„a c.. . Accessible �arking spaces will be provided in accordance with Minnesota Rules, Chapter 1341. Section 5 Section 205.15. C-3 GENERAL SHOPPING CENTER DISTRICT REGULATIONS is hereby amended as follows: 205.15.05 PARKING REQUIREMENTS C. Parking Ratio. �2� n+,�.,,,� ,, e i, � �..,ra;,..,� ,.c� �...,,.,� ..,,..,�;r,. ., o ��..,»_�.e � ,:aea c_ . Accessible �arkin� spaces will be �rovided in accordance with Minnesota Rules, Chapter 1341. Section 6 Section 205.16. CR-1 GENERAL OFFICE DISTRICT REGULATIONS is hereby amended as follows: 205.16.05 PARKING REQtTIREMENTS 0 C. Parking Ratio. (2) �, cr+. icm ,... e,. c..,,�:,.,, .we..,,,.� �` , r�� a��. Accessible parking spaces will be provided in accordance with Minnesota Rules. Chanter 1341. Section 7 Section 205.17. M-1 LIGHT INDUSTRIAL DISTRICT REGULATIONS is hereby amended as follows: 205.17.05 PARKING REQUIREMENTS t C. Parking Ratio. (g\A+ 1 + - /1 \ L. ,a' F� ��.-..�+...,,-1�'- - - -- 1: 11 1_ - .;.�e.7 r,« � � y r a r r�` . Accessible parking spaces will be �rovided in accordance with Minnesota Rules, Chanter 1341. Section 8 Section 205.18. M-2 HEAVY INDUSTRIAL DISTRICT REGULATIONS is hereby amended as follows: 205.18.05 PARKING REQUIREMENTS C. Parking Ratio. �8� n � i + - �i � �, a• Fc �.. e+ ....,.>>;� - t-,.�t �,o �,.,..,:a°a � ,. � � r i auii v N � �� «n� �-- r ���+;�� +'�°r°r.T Accessible �arking spaces will r" be provided in accordance with Minnesota Rules. Chanter 1341. Section 9 Section 205.19. M-3 HEAVY INDUSTRIAL, OUTDOOR INTENSIVE DISTRICT REGLTLATIONS is hereby amended as follows: 205.19.06 PARKING REQUIREMENTS C. Parking ratio. �8� n � i * - ii � t, a• �� ..+,.eo� ....,.i�� ��. � �..,..,:aea F � i r r � �'+� ���• �-- � � ����;�„ �'�°�°��' Accessible parkin�spaces will be � � . r" �rovided in accordance with Minnesota Rules. Chanter 1341. 10 Section 10 Section 205.25. S-3 HEAVY INDUSTRIAL, ONAWAY ADDITION DISTRICT REGULATIONS is hereby amended as follows: 205.25.08 PARI�ING REQUIREMENTS C. Parking Ratio. (gl A r le..�r .+ .+ /1 \ L...«.7;....« .,FF �+.-ve� «....L;,�.. ..1+..11 L.,. ««...,:.7..,7 C « � � V�1lLVU ava . Accessible parking spaces will be provided in accordance with Minnesota Rules. Chapter 1341. 0 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 2001. ATTEST: 0 DEBRA A. SKOGEN — CITY CLERK Public Hearing: July 9, 2001 First Reading: July 9, 2001 Second Reading: July 23, 2001 Publication: � � 11 SCOTT J. LUND — MAYOR � L Q77 OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF JULY 23, 2001 DATE: July 18, 2001 � ) � �Y TO: William W. Burns, City Manager ,I'� FFtOM: Scott J. Hickok, Community Development Director SUBJECT: Property at 5800 Tennison INTRODUCTION On May 16, 2001, staff accompanied an Animal Humane Officer to the site of 5800 Tennison. A warrant was obtained to enter the property due to apparent crime being committed as a result of conditions of the property. Staff obtained a second warrant based on information gained in the first inspection. The second inspection confirmed hazardous conditions and the home was subsequently deemed unfit for habitation. Staff has been in contact with a representative of the homeowner. In accordance with State Statutes, options were given to the homeowner. They have been given the option of 1) repairing all improprieties on site by July 23, 2001; 2) presenting a reasonable schedule for completion of all work, to be submitted and approved by the City prior to July 23, 2001; 3) presenting a written appeal to the Community Development Director requesting a hearing before a third-party hearing examiner. The property owner's representative has indicated that the owner is interested in bringing the property into compliance. However, there has been no contact with City staff since July 3. At this point, the party is aware of the options and staff will not be contacting them further without them first taking initiative to resolve the issues on this site. RECOMMENDATION Staff recommends that Council set a public hearing for August 13, 2001, to consider a resolution officially deeming the property at 5800 Tennison as hazardous. Staff also recommends that Council authorize staff to commence legal action at Anoka County to allow clean up and assessments of the costs to the property. M-O 1-96 12 � AGENDA ITEM � CITY COUNCIL MEETING OF JULY 23, 2001 CfTY OF FRIDIEY Date: 7/ 11 /01 (� � r� To: Wiliiam Burns, City Manager� From: Stacy Bulthuis, Planner Paul Bolin, Planning Coordinator Scott Hickok, Community Development Director RE: Extension to VAR #00-15 (Vision Woodworking expansion) M-01-94 INTRODUCTION Vision Woodworking, 7890 Hickory Street, is seeking a one-year extension to variance #00-15. Variance #00-15 was issued to allow a building addition. The variance decreased the required front yard setback from 35' to 8' along Vision Woodworking property on 79"' Avenue. 79'h Avenue ends in a cul de sac, at the RR tracks adjoining the property. PLANNING STAFF RECOMMENDATION City Staff recommends granting a one-year extension for VAR #00-15. 13 / � cmr oF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF JULY 23, 2001 TO: William W. Burns, City Manager FROM: on H.� ukaas, Public Works Director J DATE: susJEC�r J�y ia, 2ooi PWO1-0'71 Utiliry Project No. 342: Utility Service Installation to Varichak Addition Attached are two resolutions for initiating the design and plan preparation for the installation of sanitary sewer and water service lines to the Varichak Addition.. The first resolution orders the preparation of preliminary plans and specifications for the improvements. The second resolution accepts the preliminary plans and specifications for the improvement and authorizes the establishment of a public hearing on the assessment of costs associated with this work. The public hearing will be scheduled for August 13, 2001. Recommend the Ciry Council adopt the two resolutions for Utiliry Project No. 342. JHH:cz Attachment 14 0 0 RESOLUTION NO. - 2001 A RESOLUTION ORDERING PRELIMINARY PLANS, 3PECIFICATIONS AND ESTIMATES OE THE COSTS THEREOF: UTILITY PROJECT NO. 342 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley as follows: 1. That it appears in the interests of the City and of the property owners affected that there be constructed certain improvements to-wit: Installation of sanitary sewer services, sanitary sewer manhole, water services, water service valves, street and boulevard restoration located as follows: qARICHAK ADDITION to Fridley, MN That the work involved in said improvements listed above shall hereafter be designated as: UTILITY PROJECT NO. 342 2. That the Public Works Director, Jon H. Haukaas, City Hall, Fridley, MN, is hereby authorized and directed to draw the preliminary plans and specifications and to tabulate the results of his estimates of the costs of said improvements, including every item of cost from inception to completion and all fees and expenses incurred (or to be incurred) in connection therewith, or the financing thereof, and to make a preliminary report of his findings stating therein whether said improvements are feasible and whether they can best be made as proposed, or in connection with some other improvements (and the estimated cost as recommended) , including also a description of the lands or area as may receive benefits therefrom and as may be proposed to be assessed. 3. That said preliminary report of the Public Works Director shall be furnished to the City Council. PASSED AND P,DOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 23RD DAY OF JULY 2001. ATTESTED: DEBRA A. SKOGEN - CITY CLERK � 15 SCOTT J. LUND - MAYOR TO: FROM: DATE: suBJECr; City of Fridley William W. Burns, City Manager �� � Jon . aukaas, Public Works Director Juiy � s, 200 � Preliminary Report for Utility Project No. 342 PWO 1-072 This report is for proposed Utility Project No. 342, Uality Installaaon for the Varichak Addition to Fridley, MN. CONSTRUGTION ITEMS The improvements included in this project are installaaon of a new sanitary sewer manhole over the exisang sanitary sewer main in Benjamin Street, extension of sanitary sewer services from the new manhole to the property line, installation of new water service lines from the existing water main in Benjamin Street to the property line, installation of water service curb stop valves at the property line, restoration of the street base and surface, concrete curb and gutter and boulevard. These improvements are necessary to allow the construcaon of new homes on lots created by the platring of the Varichak Addirion. There are no other sewer and water utility service installation projects in the immediate area to combine with for this work to be completed in a timely manner. ESTIMATED CO5TS Written quotes for this work were obtained in April of this year from three contractors. The prices ranged between approximately �22,000 and $30,000. These quotes were obtained early in the season prior to contractors having their summer work season fully scheduled. We esamate the current construction cost of these improvements to be as follows: Cons�ucdon Gosts Engineering & Inspection 8% Conringenry 10% Total Estimated Cost $28,000 2,240 2.800 �33,040 This total esrimated cost for connection from the properties to City sewer and water and all restoration is to be assessed against the benefitting properties of the Varichak Addition. Final assessments will reflect actual costs. CONCLUSIONS We have concluded that this project is feasible and that the costs are not unreasonable given the depth of the existing sanitary sewer and other complexities of the construcdon. Recommend the City Council approve this project to move forward and call a public hearing on the proposed improvements. , 16 RESOLUTION NO. - 2001 RESOLUTION RECEIVING THE PRELIMINARY REPORT AND CALLING FOR A PUBLIC HEARING ON THE MATTER OF CONSTRUCTION OF CERTAIN II�ROVEMENTS: UTILITY PROJECT NO. 342 WHEREAS, the construction of certain improvements is deemed to be in the interest of the City of Fridley and the property owners affected thereby. WHEREAS, Resolution No. - 2001 adopted on the 23rd day of July, 2001, by the City Council, ordered the preliminary plans, specifications and estimates of the costs thereof for the improvements in this project. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley as follows: , � 1. That the preliminary report submitted by Jon H. Haukaas, Public Works Director, is hereby received and accepted. 2. That the City Clerk shall act to ascertain the name and address of the owner of each parcel of land directly affected or within the area of lands as may be proposed to be assessed for said improvements, and calculate estimates of assessments as may be proposed relative thereto against each of said lands. 3. That the area proposed to be assessed for said improvements and each of them as noted in said notice are all the lands and areas as noted ' in said notice: Al1 of the same to be assessed proportionately accordinq to the benefits received. 4. That the estimates of assessments of the Clerk shall be available for inspection to the owner of any parcel of land as may be affected thereby at any public hearing held relative thereto, as well as at any prior time reasonable and convenient. 5. That a public hearing be scheduled for August 13, 2001 and that all property owners whose property is liable to be assessed with the making of the improvements and constitute 100 percent of the property owners who will benefit from the improvement be notified of the public hearing under the normal procedures set forth in Minnesota Statutes Chapter 429. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 23RD DAY OF JULY, 2001. ATTESTED: DEBRA A. SKOGEN - CITY CLERK � SCOTT J. LUND - MAYOR 17 CITY OF FRIDLEY NOTICE OF HEARING ON IMPROVEMENTS UTILITY PROJECT NO. 342 WHEREAS, the City Council of the City of Fridley, Anoka County, Minnesota, has deemed it expedient to receive evidence pertaining to the improvements hereinafter described. NOW, THEREFORE, NOTICE IS HEREBY GIVEN THAT on the 13th day of August, 2001, at 7:30 p.m. the City Council will meet at the Fridley Municipal Center Council Chambers, 6431 University Ave., N.E., Fridley, MN, and will at said time and place hear all parties interested in said improvements in whole or in part. The �eneral nature of the improvements is the construction (in the lands and streets noted below) of the following improvements, to-wit: CONSTRUCTION ITEM Installation of sanitary sewer services, sanitary sewer manhole, water services, water service valves, street and boulevard restoration located as follows: VARICHAK ADDITION to Fridley, MN Hearing impaired persons planning to attend the public hearing who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than August 8, 2001. Published: Fridley Focus July 26, 2001 August 2, 2001 August 9, 2001 : � / � QTY OF FRIDLEY TO: FROM: DATE: SUBJEC'�': AGENDA ITEM CITY COUNCIL MEETING OF JULY 23, 2001 William W. Burns, Gity Manager �r � Jon �.�aas, Public Works Director J�y ls, 2ooi Investigation/Design Contract for Pedestrian Bridge Replacement PWO1-070 A Request for Proposals for the investigation and design of a replacement pedestrian bridge was sent. Five of seven firms returned proposals and the other two declined citing current work load not allowing them to commit the necessary resources this project required. Three of the firms proposals offered a two phase approach in that the investigation and recommendations would be done for a set price and then the design would be done later with its price negotiated based on an option the City chose. The remaining two firms offered investigations and final design of what they believe to be the best option for a single price. Only one of these two offered an option that would allow a significant increase in clearance height. Krech, O'Brien, Mueller & Wass, Inc. is an architectural, structural engineering and interior design firm located in Inver Grove Heights. Their proposal included investigation of the remaining structure, design and construction documents for a new structure with additional clearance, and cost estimation of the proposed bridge and an "as-is" replacement bridge for comparison. Recommend the Ciry Gouncil award the contract for the investigation of a replacement pedestrian bridge to Krech, O'Brien, Mueller & Wass, Inc. of Inver Grove Heights in the amount of $7,252.00. JHH:cz 19 FROM � KOMW FAX N0. : 6514510917 Jul. 18 2001 12:28PM P2 r■ KRECH, Q' BRIEN, MUELLER $c WASS, INC. ■ ■ � .. .I . r 1 .I ( : . . /� . .. . .. :. � : � t: I . i) 1` ;. ! i :: . � `I � .. Mo Ivi I !1 :l � :i b � i� ;) :1 U I 1j '_ (i`�•' �ci' •,);��1 b '�:;c li'.�� •} :.�!)', t w1i�.;lV+:��f4!!�:IV.CQfII — Y'J4`%N.�.komra :;crC July 13, 2001 Jon H. Haukaas City of Fridley Fridley Municipal Center 6431 University Ave NE Fridlcy, MN 55432 � Re: Pedestrian Bridge Replacement Fridley Municipal Ccnter Dear Mr, Haulcaas: We are pleased to be able to respond to your RFP dated June 28, 2001 for the above noted project. The followin� fee estimate is based on photocopies of the original construction drawin�s and a site visit on July 12, 2001. � As we understand it, the bridge was damaged by a sanitation truck due to the low clearance of 10'=6". We propose to raise the abutments to provide ] 3'-6" to 14'-0" clearance, This would be accomplished by providing cast=in-place concrete as required above the existing precast concrete bearing eleva.tion, along with new concrete stairs. Pre+cast concrete plank will then be utilized to span between abutments. Our proposal essentially consists of duplicating the existing bridge but with increa.sed cleazance. An option to maintain the 10'-6" cIearance is possible. However, there is a strong likelihood that the.bridge would sustain fiiture damage similaz to the accident that prompted the RFP. A,nother option wou{d be to add additional architectural elemerns to ihe o��inal design. KOMW is cvmprised of architects, stntctural engineers, interior designers, and construction managers. If a feasibility study is deemed necessary with any ofthe above options considered, KOMW is weli qualified to provide construction cost estimates far the city's r�.wiew. Based on our understanding of the project where the original bridge would b� replicated along with increased cleazance, it is estimated that desibn fees for contract documents would total$6,252.00. It was assumed tha.t the City of Fridley would suppiy the "front-end" for the specification and KOMW would attach it "as-is" to the product specification sections preparad by KOMW. Construction cost estimating was included for the option to �epl�ce the b�dge with increased cleararice, qlsq estimating was included, for comparison purposes, to reconsEruct th� bridge with ] 0'-E' clearance. Cost estimating would total approximately $1,000. Although not included within this proposal, cost estimates for adding additional architectural elements could be negotiated. Arc.hitecture - Structur.al EntgOneering ■ Interior.. Dpc(n� FROM � KOMW FAX N0. : 6514510917 _ Jon H. Haukaas July 13, 2001 Following is a breakdown of our estimated fee: , Construction Documents Shop Drawing T�eview 'Three (3) Site Visits Contract Administration Reimbursables Constcuction Cost Estitnates r Total Fee Estimatc $3,838 $580 $1,050 $530 $Z54 $1,000 $7,252 Jul. 18 2001 12:29PM P3 Page 2 \lt�e havc a long track record with the City of West St. Paul, South St. Paul, and Inver Grove Height�. We wrould be happy to supply references from these cities if desired. Thank you for the oppoctunity to submit this proposal. Yf you should have any questions or require further information, please call. Sincerely: ., , , � Michael J. sowski, P.E. Krect� O'Brien, Mueller & Wass, Inc. Enc. N�OkSTR50h Qweesl4quete Fri�y p� g�,� KRECH, O'BRIEN, MU.6ZL�.ER 8c Wq.SS, � � INC.: �� �� ��� TO: FROM: DATE: 1 SUBJECT: AGENDA ITEM CITY COUNCIL MEETING OF JULY 23, 2001 William W. Burns, City Manager l,�� .� �" Jon H. Haukaas, Public Works Director Layne Otteson, Assistant Public Works Director July 23, 2001 PWO1-069 Change Order No. 1 to Street Improvement Project No. ST. 2001 - 1 The attached change order No. 1 to Street Improvement Project No. ST. 2001 - 1 is for the replacement of all curb stop and boxes on the project and for the extra work required to cut in for an additional hydrant. Dave Perkins Contracting has begun to replace the watermain services on Woody Lane. Upon excavating the first service, a field inspection ver�ed that the existing curb stop and boxes no longer meet the State plumbing code per Ron Julkowski. The curb boxes are approximately 50 years old and have weep holes that open when the curb box is closed. When this rype of curb box is discovered, it must be replaced. Therefore, all 106 curb boxes on the project must be replaced with approved units. Dave Perkins Contracting had an original bid price of $150 per each "F&I Curb 5top and Box." That price was for 12 units that were estimated to be replaced due to poor condition. Due to a quantity change to 106, a unit price of $130 per each "F&I Curb Stop and Box." The total cost is $13,780 for the curb stop and boxes. An additional hydrant was added on top of Woody Lane at a cost of $550. This hydrant will allow the Water Department to flush out the air at the high point to maintain water quality. Net cost of change order No. 1 is $14,330.00 for a revised contract amount of $830,946.00. Recommend the Ciry Council approve Change Order No. 1 to Dave Perkins Contracting, Inc. for Street Improvement Project No. ST. 2001 - L JHHILO:cz Attachment 22 0 0 0 CITY OF FRIDLEY ENGINEERING DEPAR'f11�NT 6431 IJIJIVERSTTY AVENUE N.E. FRIDLEY, MN 55432 July 23, 2001 Dave Perkins Contracting, Inc. 14230 Basalt Street NW Ramsey MN 55303 SUBJECT: Change Order No. 1, 2001 Street Improvement Project No. ST. 2001 - 1 r �����: You are hereby ordered, authorized, and instructed to modify your contract for the 2001 Street Improvement Project No. ST. 2001 - 1 by adding the following work: Addition: Item Part 1. Furnish and install curb stop & box 2, Cut in extra hydrant assembly Unit tit Price Amount Each 106 130.00 $13,780.00 Each 1 550.00 554•00 TOTAL ADDITIONS . . . . . . . . . . . . . . . . . . . $14,330.00 TOTAL CHANGE ORDERS: Original Contract Amount . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $816,616.00 Contract Additions - Change Order No.l ........................................14,330.00 REVISED CONTRACT AMOUNT 830$ ,946.00 23 Dave Perkins Contracting, Inc. Change Order No. 1 July 23, 2001 Page 2 Submitted and approvecj.�y John G. Flora, Public Works Director, on the 23rd day of July, 2001. by � Jon H. Haulcaas, P.E. Director of Public Works tVl `�_1 Approved and accepted this �� day of '" , 2001 by Dave Perlcins Contracting, Inc. � Rene Pe s Approved and accepted this day of , 2001 by CITY OF FRIDLEY Scott J. Lund, Mayor William W. Burns, City Manager Approved and accepted this day of , 2001 by Metro Division Assistant State Aid Engineer � � � QTY OF FRIDLEY AGENDA ITEM COUNCIL MEETING OF J U LY 23, 2001 CLAIMS � OOA�70 - 100737 25 � � CITY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF J U LY 23, 2001 Type of License: � FOOD Food-n-F�iel Gary Hall 6101 University Ave NE Fridley, MN 55432 TOBACCO Food-n-Fuel Gary Hall 6101 University Ave NE Fridley, MN 55432 RETAIL GASOLINE SALES Food-n-Fuel Gary Hall 6101 University Ave NE Fridley, MN 55432 3.2% MALT LIQUOR Food-n-Fuel Gary Hall 6101 University Ave NE Fridley, MN 55432 LICENSES Approved By: 26 Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Fee $45 $125 E� • � $240 City of Fridle AGENDAITEM City Council Meeting Of Monday, July 23, 2001 � Blacktoppina Advanced Asphalt Inc 7050 Eagle Trail Alex Hamerviek Centerville MN 55038- Gas Ser,vices Automatic Garage Door 8� Fireplaces 9210 Wyoming Ave N Diana Caarbert Brooklyn Park MN 55445- Brians Mobile Home Service 17122 Van Buren St Brian Mellem Ham Lake MN 55304- Gallagher Heating 8� AC Inc 17209 Tungsten St NW Chris Gallagher Ramsey MN 55303- General Heating 8 Air Conditioning 11081 Chaparral Ave Rich Macallister Shakopee MN 55379- Merit HVAC 7801 Park Dr Terry Yanish Chanhassen MN 55317- Mikes Heating 2240 Forest Shores Rd Mike Boyce Ogilvie MN 56358- Northland Mechanical Contractors Inc 2900 Nevada Ave N Ken Mosloski New Hope MN 55427 Z7 • .. . -. _ Ron Julkowski Buiiding Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building O�cial Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official � General Contractor-Commercial Fridley United Methodist Church 680 Mississippi St Gerald Robb Fridley MN 55432 Lingen Construction Inc 2382 Hwy 55 Terry Lingen Hamel MN 55340- RJM Construction Co Inc 5455 Hwy 169 Joseph Maddy Plymouth M 55442- � Steiner Development Inc 3610 Co Rd #101 David Distad Wayzata MN 55391 Twin Cities Glass Block Inc 2817 2 St N David Nelson Minneapolis MN 55411- General Contractor-Residential Bill 8� Tony's Home Helpers (20262484) 9033 Lyndale Ave S Bill Stutelberg Bloomington MN 55420- Lambe�t Construction (20061962) 12741 Jefferson St NE Mark Lambert Blaine MN 55434 M J Construction (20233970) 8071 Ranchers Rd Mort Wald Fridtey MN 55432 Osborne Enterprises (20169386) 5869 Hackmann Ave NE John Osborne Fridley MN 55432 r: r_., . :. Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official State of MN State of MN State of MN State of MN _ ' I � �lL�. Potvin Construction Co (5158) 2401 93 Way Tom Potvin Brooklyn Park MN 55444- Rainbow Repairs Inc (20155142) 5014 170 Lane NW Todd Olson Andover MN 55304 Residential Dream Builders Inc (20227509) 915 Kingsview Lane N Ron Anderson Plymouth MN 55447- Spruce(Builders Inc (20040330) 2425 80 Ave N Mike Shish Brooklyn Park MN 55444- Westurn Cedar Supply (20155566) 9700 13 Ave N Tom Balkins Plymouth MN 55441 Windows America of MN Inc (20248265) 7928 University Ave NE #C Rhonda Steffes Fridley MN 55432- Winger Titus Contracting (20270544) 17715 12 Ave N Titus Winger Plymouth MN 55447- Heatina Brian's Mobile Home Service 17122 Van Buren Brian Mellem Ham Lake MN 55304- Check Equipment Inc 8401 73 Ave N Ste 42 Jeffrey Czech Brooklyn Park MN 55428- Gallagher Heating 8 AC Inc 17209 Tungsten St NW Chris Gallagher Ramsey MN 55303- 29 Annroved Bv: State of MN State of MN State of MN State of MN State of MN State of MN State of MN Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official �1L�. General Heating & Air Conditioning 11081 Chaparral Ave Rich Macallister Shakopee MN 55379- Merit HVAC 7801 Park Dr Terry Yanish Chanhassen MN 55317- Mikes Heating 2240 Forest Shores Rd Mike Boyce Ogilvie MN 56358- Northl�nd Mechanical Contractors Inc 2900 Nevada Ave N Ken Mosloski New Hope MN 55427 Residential Heating & Air 1815 E 41 St STE A Dean Kolner Minneapolis MN 55407- Masonrv Bechard Masonry 1709 Walnut Circle N Mike Bechard Eagan MN 55122- P m in Galaxy Mechanical Inc 7317 Lake Drive Skip Zimmerman Lino Lakes MN 55014 Gateway Mechanical Inc 9101 Davenport St NE Gene Beijer Blaine MN 55449 Northland Mechanical Contractors Inc 2900 Nevada Ave N Ken Mosloski New Hope MN 55427 30 Au�roved Bv: Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building O�cial Ron Julkowski Building Official State of MN State of MN State of MN . , � � Pipeworks Inc 680 Valhalla Dr Cedar MN 55011 Roofina G 8 S Roofing Inc 2831 12 Ave S Minneapolis MN 55407- Laing Construction Inc 4837 115 Ave NE Blaine MN 55449 i Sign Erector Taurus Sign Co 926 Dale St N St Paut MN 55103- � Phil Sheppard Charlie Gumingo Craig Laing Mike Lean 31 _.. . _. State of MN Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official - � UTY OF FRIDLEY Pearson Brothers, Inc. 240 St. Johns Street Loretto, MN 55357 AGENDA ITEM CITY COUNCIL MEETING OF �u�Y 23, Zoo� ESTIMATES Street Improvement (Sealcoat) Project Na� ST. 2001 —10 FINAL ESTIMATE ....................................................... Dave Perkins Contracting, Inc. 14230 Basalt Street N.W. Ramsey, MN 55303 2001 Street Improvement Project No. ST. 2001 —1 Estimate No. 2 ................................................ 32 .......................... $ 15,163.14 ................................ $ 62,500.50 � i� CITY OF FRIDLEY PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION 6431 University Avenue N.E. Fridley, Minnesota 55432 Hono�le Mayor and City Council Ciry o Fridley c% William W. Burns, City Manager 6431 University Avenu� N.E. Fridley, MN 554s2 Council Members: July 23, 2001 _ : � _: M • M: � We hereby submit the Final Eatimate for Street Improvement (Sealcoat) Project No. ST Y001 - 10, for Pearson Broa, Inc., 240 St. Johns Street, Loreteto, MN 55357.. We have viewed the work under conu-act for the construction of Sveet Improvement (Sealcoat) Project No. ST. 2001 - 10 and find that the same is substantially complete in accordance with the contract documents. I recommend that final payment be made upon acceptance of the work by your Honorable Body and that the one year contractual maintenance bond commence on July 20, 2001. Respec lly submitt , Jon H. Haukaas Director of Public Works J-I':cz Prepared Checked 1 33 July 23, 2001 To: Public Works Director City of Fridley �_'•i •� : ' ��• •; M • C � ��� ���' � • +�1 � • : y ' L � � • • � � � We, the undersigned, have inspected the abovo-mentioned project and find that the work required by the contr�ct ia aubatantially complete in conformity with the plana and specificadona of the project. All deficiencies have been corrected by the contractor. Also, the work for which the City feela the contractor should receive a reduced price has been agreed upon by the contractor. So, therefore, we recommend to you that the City approve the attached FINAL ESTIMATE for the contractor and the one-year maintenance bond, starting ftom the day of the final inspoction that being July X0, Y001, �� Jon Thompson, Constructi Inspector Q • �an� C ntractor Representative, ide) 34 July 23, 2001 City of Fridley STREET IMPROVEMENT (SEALCOA'17 PROJECT NO. ST. 2001 - 10 r' ' � � i . � L _� r � This is to certify that Pearaon Bros, Inc. has abided by the Prevaiiing Wage pra,iaiona aa SP�� �'7' �� Minnesota Department of Labor and Industry for Anoka County. I declare under the penalties of perjury that t6is atatement is just and correct. Pearson Broa., Inc. Jack l�earson, President � 35 � July 23, 2001 City of Fridley STREET IMPROVEMENT (SEALCOA"1� PROJECT NO. ST. 2001 - 10 i 1! _t �_ • • �� � �J! • � � ' This is to cettify that items oE the work ahawn in the statement of work certified herein have been actually furniahed and done for the abovo-mentioned projecta in acxordance with the plana and specifications heretofore approved. The final contract cost is =1 SS,712.10 and the 6na1 �ayment of � 15,163.14 for the impravement project would cover in full, the contractot's claima � against the City for all labor, materials and other work dawn by the contractor under this - pro�ect. I declare under the penalties of perjury that this statement is just and correct. Peatson Bros., Inc. �— � \ aS Jack Pearson, President � 36 CITY OF FRIDLEY PUBLIC WORK3 DEPARTMENT 6431 UNIVERSITY AVENUE N.E. FRIDLEY, MINNESOTA 55432 =ROM: City of Fridley Engineering Division "O: Honorable Mayor and City Council City of Fridley 6431 University Ave, NE Fridley, MN 55432 �ated: July 23, 2001 Estimate No. Final Period Ending: July 20, 2001 For. Pearson Bros, Inc. • 240 St Johns St P O Box 334 Loretto MN 55357 STREET IMPROVEMENT (SEALCOAT) PROJECT NO. ST. 2001 - 10 ' Job Code: 560-0000-415-4530-2012 (5096) 560-0000-415-4530-2013 (50%) STATEMENT OF WORK 3�alcoat with FA-2 aggregate applicatlon ate (0.24 gaUsq yd of emulsion and :2 Ib/sq yd ofi crushed granite aggregate) 219,093 SY Sweep before sealcoat application 219,093 SY �weep after sealcoat application 219,093 SY :�0 in. x 30 in. Loose Rock Signs 43 Each �diust for variable emulsion ao� rate 1 LS SUBTOTAL TOTAL 3UMMARY: �riginal Contract Amount ��ntract additions: �ontract deductions: ?evised contract amount 'alue Completed To Date +mount Retained (0%) _ess Amount Paid Previously >MOUNT DUE THIS ESTIMATE . � 0.5349 0.0100 0.0200 223,093.00 75.0000 61.8600 4,461.86 $126,990.64 126,990.64 133,712.10 0.00 118,548.96 $15,163.14 37 0.00 223,093.00 0.00 223,093.00 4,461.86 223,093.00 0.00 43.00 ,923.72 119,332.45 2,230.93 4,461.86 3,225.00 4,461.86 $133,712.10 =�- - - CERTIFICATE OF THE CONTRACTOR I hereby ce�tify that the work performed and the mate�lals suppNed to date under the tertna of the contract for this proJect, and ail authorized changes thereto, have an actual value unde� the contract of the amounts shown on this estlmate (a�d the finai quantiUes on the flnal estlmate are correct), and that this es�mate is just and correct and no part of the "Amount Due This EaUmate" has been received By Qe4Jl1lJ�� fas; o��`� Con rs Autho�ized Representative (Title) CERTIFICATE OF THE ENGINEER I hereby certify that I have prepared or examined this estimate, and that the contractor is entitled to payment of this esUmate under the contract fo� reference project. CITY OF FRIDLEY�, INSPECTOR Date � gy : - - Resp fully Submitte Chedced By Jon H. Hauk�as Fuaic worics ar�ec� : ` AGENDA ITEM CITY COUNCIL MEETING OF JULY 23, 2001 CfTY OF FRIDLEY Date: 7/18/01 � ; To: William Burns, City Manager �`I� From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Bulthuis, Planner RE: Continuance of Public Hearing for ZOA #01-02 M-01-84 INTRODUCTION Mr. Bobby Taylor, property owner of 401 Ironton, is requesting rezoning this property from R-1 Single Family to R-3 Multiple Family, in order to accommodate the number of units and density desired to operate as rental sober housing. City Staff is recommending denial as the request fails to meet the City's criteria for rezoning. At the June 18, 2001, City Council meeting, the petitioner requested that the City Council postpone legislative action on this item until the July 23"�, 2001, meeting and the public hearing was continued. PLANNING COMMISSION ACTION At the June 6, 2001, Planning Commission meeting, a public hearing was held for ZOA 01-02. After reviewing the staff report and hearing from the petitioners, a motion was made to recommend denial of the rezoning request. The motion passed unanimously. PLANNING STAFF RECOMMENDATION City Staff recommends the public hearing for ZOA 01-02 be continued. City Staff further recommends concurrence with the Planning Commission in denial of this rezoning request. 39 ORDINANCE NO. ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKtNG A CHANGE IN ZONING DISTRICTS SECTION 1. Appendix D of the City Code of Fridley is amended hereinafter indicated. SECTION 2. The tract or area within the County of Anoka and the City of Fridley and described as � Lot 2, Block 1, Froids Addition, as recorded at the office of the Anoka County Recorder, generally located at 401 Ironton Street 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-1, One Family Units to R-3, General Multiple Units. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS _ _____DAY OF _____, 2001. ATTEST: DEBRA A. SKOGEN - CITY CLERK Public Hearing: June 18, 2001 First Reading: July 23, 2001 Second Reading: Publication: 40 SCOTT J. LUND - MAYOR City of Fridley Land Use Application ZOA-01-02 June 6, 2001 GENERAL INFORMATION SPECIAL INFORMATION Appiicant: Bobby Taylor 401 Ironton Street Fridley, MN 55432 Requested Action: Rezone properiy to R-3. Existing Zoning: �-1 Single Family Residential Location: 401 Ironton Street Size: 13,464 square feet .3 acres Surrounding Land Use & Zoning: IV: Single Family Home, R-1 E: Single Family Home, R-1 S: Apt. Complex, R-3 W: Duplex, R-3 Comprehensive Plan Conformance: Proposed use of property is inconsistent with Plan. Zoning Ordinance Conforn�ance: Section 205.09.O1.A.(1) allows multiple dwellings Zoning History: • 1966 — Froids Addition is platted • 1976 — Previous owner obtains a SUP (SP#76-08), which at the time made provisions for a single family residence to be modified to allow a second dwelling unit. • 1999 — Property has been converted into 3 distinct units and 2 additional sleeping rooms in the basement. � May 2000 — Special Use Pernut is revoked by City Council • Fa112000 — City receives numerous calls from realtors and prospective buyers, inquiruig about the possibility of using this home as a multi-unit rental. All are instructed that the property is zoned for use as a single-family home. • March 2001 — Bobby Taylor contacts City, requesting an inspection of the property in order �, to obtain a rental license. City inspects and notes that the home has undergone major remodeling (without pemuts) and that there are tlu-ee distinct units with at least 9-11 people living at the site. Mr. Taylor is informed that he has an illegal rental and must reduce the number of unrelated person living� in the home to 5, in order to meet the City's R-1 zoning requirements. May 2001 — Mr. Taylor submits application for rezoning of properiy to R-3. Legal Description of Properiy: Lot 2, Block 1 Froids Addition Council Action: June 18, 2001 Public Utilities: Home is connected. Transportation: Home is accessed via lronton Street. Physical Characteristics: _ Typical suburban landscape. SUMMARY OF REQUEST Petitioner is requesting rezoning this properiy to R- 3, which would accommodate the petitioner's multi- unit "sober house". SUMMARY OF ANALYSIS City Staff recommends denial of this rezoning request. • Would increase neighborhood density beyond R-1 standards by allowing up to 3 units (15+ people) • Not consistent with Comprehensive Plan Staff Report Prepared by: Paul Bolin ZOA #01-02 THE REQUEST Mr. Bobby Taylor, property owner of 401 Ironton, is requesting rezoning this property from R-1 Single Family to R-3 Multiple Family, in order to accommodate the number of units and density desired to operate as a sober house. PROPERTY HISTORY In 1976, Norma Willson, the previous property owner obtained a special use permit (SP#76-08) which at the time made provisions for a single family residence to be modified to allow a second dwelling unit. In ,�1999, the City became aware that the property had illegally been converted into 3 distinct units and 2 additional sleeping rooms in the basement. None of the renovations that had taken place over the years were done with building, electrical, or plumbing permits. In September of 1999, the City asked the property owner to give tenants proper notice and have all but the finro approved units vacated. In November 1999, Ms. Willson made application for a rezoning of this property to R-3. As a result of this application, on December 9, 1999, City Staff inspected the building and found the condition of the home to be in serious disrepair and out of compliance with building, fire, and electrical codes. (See attached Inspection Report) In addition, tenants were still occupying the basement sleeping rooms and the third floor attic. The property owners were again instructed to vacate all tenants. After the inspection, which revealed that the structure was inadequate to allow more units, Ms. Willson withdrew her request for rezoning. There were many health, safety and welfare concerns (as indicated in the attached Inspection Report) that were of much concern to City Staff. In February 2000, a new tenant from the basement of 401 Ironton introduced herself to City staff. She indicated that she had just moved in and that she was representing Ms. Willson in a request for information about inspections, etc. Her comments about moving in were puzzling since the City had stated that only two units be occupied. The City Council held a hearing to consider revocation of Ms. Willson's Special Use Permit (SP#76-08) allowing the second unit. At the hearing, Ms. Willson was ordered to vacate all rental portions of her home as she no longer had a valid rental license and the City needed to assure the safety and well being of the tenants. Ms. Willson was ordered to bring the property up to a safe, Code compliant condition and work with a licensed building contractor to prepare an aggressive repair schedule and obtain building permits prior to the City Council meeting of May 8, 2000. Ms. Willson failed to meet any of the requirements by the May 8, 2000 deadline and the Special Use Permit (SP#76-08) was unanimously revoked by the City Council. This action 42 returned the property to its original single-family status. Without the Special Use Permit, this property must now meet all single-family code requirements. Ms. Willson put the property up for sale. During th� late summer and fall of 2000, City Staff received numerous calls from realtors and prospective buyers, inquiring about the possibility of using this home as a multi-unit rental. All were instructed that the property is zoned for use as a single-family home. Ms. Willson and her realtor were contacted directly and informed that they were not to be misrepresenting this property as anything more than a single family home. In March 2001, Mr. Bobby Taylor, new owner of the home contacted City, requesting an inspection of the property in order to obtain a rental license. Mr. Taylor is informed that the property is zoned R-1, Single Family only and that a rental license cannot be issued. Mr. Taylor informs Staff that he thought that if he fixed the home up the City would issue a rental license to him. City Staff inspects the home and notes that the home has undergone major remodeling (without permits) and that there are three distinct units with at least 9-11 people living at the site. Mr. Taylor is informed that he has an illegal rental and must reduce the number of unrelated person living in the home to 5, in order to meet the City's R-1 zoning requirements. All of the remodeling done by Mr. Taylor, without building permits and proper inspections, still raises many concerns with City Staff. Without the benefit of proper inspections, Staff is not able to determine the structural soundness of the home, the quality of the plumbing work, and the safety of the electrical work. Though the interior of the home has been given a facelift, without knowing what lies beneath the new sheet rock, City Staff still has health, safety, and welfare concerns. In May of 2001, Mr. Taylor submitted this application for rezoning of the property to R-3 in order to continue running the home as a sober house with 9-15 persons residing in the various units. To date, Mr. Taylor has not applied for building permits despite requests from the City's Chief Building Official to do so. ANALYSIS A rezoning is a discretionary grant on the part of the City. The Staff, Planning Commission, and City Council must decide whether or not a request is in keeping with the overall vision and best interests of the City. A rezoning in Fridley, historically, also has involved consideration of all health, safety and welfare issues. As alluded to in the PROPERTY HISTORY section of this report, it is those health, safery, and welfare concerns at 401 Ironton that cause great concern to Staff. The City's December 1999 inspection revealed that the structure was not adequate to allow additional units. The City's March 2000 inspection revealed that Mr. Taylor had done many cosmetic changes to the home, without the benefit of permits and proper inspections that, while making the home feel very comfortable, only covered up many of the health, safety, and welfare issues. Beyond the health, safety, and welfare issues, the request fails to meet the following three criteria for rezoning. 43 Compatibility of the proposed use with the Comprehensive Plan. The Ciry's latest Comprehensive Plan makes no mention of expanding the R-3 zoning district into this neighborhood. Granting of this rezoning request would be inconsistent with the City's overall vision for this neighborhood. Compatibility of the proposed district with adjacent uses. The rezoning of this property to R-3 would allow 3 units (due to lot size) and up to 15+ unrelated persons living on this property. This increased density is well beyond what is allowed by R-1 zoning standards and could change the character of this well- established neighborhood through the increased density and traffic. There is not adequate paved parking on this site to meet the R-3 code requirements for parking. � Creating an appropriately sized parking lot would drastically alter the residential feel and look of this neighborhood. The neighboring properties immediately West of this property are duplexes that are residential in character. The property directly across the street from this home is an older 4-plex. The expansion of the R-3 district onto this property, however, will change the character of the neighborhood due to the changes needed to make the home conforming with R-3 parking requirements. Designation as an R-3 district would allow the current or any future property owner the ability to remove this single family home and replace it with a three unit apartment building that may not have any residential type architecture and may not blend at all into this neighborhood. Compliance of the proposed use with the proposed district requirements Setbacks The existing home does not meet setback requirements for the R-3 zoning district. A side-yard of 15' is required. The existing home is only 11.2' from the side-yard property line. Parking Based on the size of this site and the possibility of three 2 bedroom units, a total of 6 parking stalls, meeting all code requirements would need to be provided on site. Parking stalls must be 10' X 20' with appropriate drive aisles widths provided (18' for one-way traffic, 25' for two-way traffic). Landscaping Conversion of this properly into a multi-family structure would require a landscape plan. RECOMMENDATION City Staff recommends denial of this rezoning request. .. 1. Concerns over health, safety, and welfare have not been properly addressed. 2. The further expansion of the R-3 district into this neighborhood is not in conformance with the City's Comprehensive Plan. 3. Rezoning this property would inappropriately increase the density of this neighborhood. 4. Would increase neighborhood density beyond R-1 standards by allowing up to 3 units (15+ people). 5. Creation of a"parking IoY' would change the residential character of this neighborhood. STIPULATIONS City Staff recommends that if the Planning Commission or City Council grant the rezoning req,uest, that the following stipulations be attached. 1. All building permits be obtained prior to final Council Action. 2. Rental license be obtained from Rental Inspections Division. 3. All Building, Fire, Electrical, and Zoning Code deficiencies be brought into conformance prior to occupancy by more than 5 unrelated individuals. 4. Parking lot meeting all code requirements to be constructed within 1 year of rezoning approval. 5. Landscape plan to be submitted to City prior to final Council Action. Further, all required plantings to be installed by October 1, 2001. 6. Garage shall not be used as living space or for any home occupations. OTHER: Staff would like to note for the record, that if the rezoning application is denied, the petitioner must still obtain all necessary building permits for work done to date. Petitioner is also required to return the home to single-family status by installing a door way and/or necessary steps between the main floor and the 2"d floor within three months of denial. A follow up inspection will be done at that time, and criminal citations will be issued if there is non-compliance. 45 � AGENDA ITEM � CITY COUNCIL MEETING OF JULY 23, 2001 q1Y OF FRIDLEY Date: 7/3/01 To: William Burns, City Manager ��� From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Bulthuis, Planner RE: Continuation of Public Hearing for ZTA #01-01 M-01-91 INTRODUCTION Daktronics, Inc., petitioner and manufacturer of electronic signs, is requesting a zoning text amendment to remove the City's requirement that automatic changeable signs not change messages more than once every 15 minutes. At the July 9, 2001, City Council meeting, the petitioner requested that action on this item be delayed until the July 23, 2001, meeting. The City Council opened the public hearing and held the public hearing open until the July 23'� meeting. PLANNING COMMISSION ACTION At the May 16, 2001, Planning Commission meeting, a public hearing was held for ZTA 01-01. After reviewing the staff report and hearing from the petitioners, a motion was made to recommend denial of the proposed zoning text amendment. Planning Commissioners were adamant, in their recommendation of denial, that the existing sign code language is something they are very proud of and that the special use permit and variance process are the appropriate way to address this question. The motion passed unanimously. PLANNING STAFF RECOMMENDATION City Staff recommends the public hearing for ZTA 01-01 be held. City Staff further recommends concurrence with the Planning Commission in denial of this zoning text amendment request. • The quick changing messages seen on electronic reader boards in other communities may be detrimental to the public safety. It is not uncommon for a driver's eyes to be drawn to the changing messages on these signs. • Appeals Commission & City Council have denied requests for variances to this code section (as recently as February 2001). �� ORDINANCE NO. AN ORDINANCE TO AMEND CHAPTER 214, SIGNS, OF THE FRIDLEY CITY CODE PERTAINING TO AUTOMATIC CHANGEABLE SIGNS THE CITY COUNCIL OF THE CITY OF FRIDLEY DOES ORDAIN AS FOLLOWS: Section 1 Section 214, SIGNS is hereby amended by deleting the following language: SECTION 214, SIGNS 214.07. SIGNS PERMITTED WITH A SPECIAL USE PERMIT PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS _TH DAY OF , 2001. ATf EST: DEBRA A. SKOGEN, CITY CLERK Public Hearing: July 23, 2001 First Reading: July 23, 2001 Second Reading: Published: r� SCOTT J. LUND, MAYOR � � cmr oF �eio�r TO: FROM: DATE: suBJEC�: AGENDA ITEM CITY COUNCIL MEETING OF JULY 23, 2001 William W. Burns, City Manager �� �� � Jon �i:"Haukaas, Public Works Director July 23, 2001 Public Hearing for ZTA No. O1-06 PWO1-060 The Public Works staff is requesting a zoning text amendment to clarify our policy on the responsibility to maintain individual sanitary sewer service lines. Current language in the Ciry Code states that the City is responsible to repair that portion of the sanitary sewer service line between the property line and the Ciry main. Repairs pertain to lines that are crushed or have holes or offset breaks such that flow becomes obstructed. This is not proposed to be changed. Regular maintenance of the sewer system connecting individual buildings to the City system is the responsibility of the respective property owner or user as this line is under their complete control and cannot be readily inspected by City staf� Regular maintenance is defined as clearing blockages of debris including root cutting along the entire length from the building to the Ciry main. Public Works staff will continue to work with our customers to help determine the type and location of sanitary sewer problems. Staff will continue to immediately investigate any reported sewer backup to verify that the City main is clear and to immediately alleviate any blockage found in the Ciry system. If a properry has a documented history of regular problems, staff will use the Ciry's sewer camera to inspect their service line in an attempt to determine the exact location and nature of the problem and make suggestions for repair. Recommend the City Council hold the public hearing for ZTA No. 01-06. JHH:cz . • � AGENDAITEM � CITY COUNCIL MEETING OF JULY 23, 2001 CfTY OF FRIDLEY Date: 7/11 /01 ' To: Wiliiam Burns, City Manager a�� From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Bulthuis, Planner RE: First reading of ZTA #01-01 M-01-92 INTRODUCTION Daktronics, Inc., petitioner and manufacturer of electronic signs, is requesting a zoning text amendment to remove the City's requirement that automatic changeable signs not change messages more than once every 15 minutes. At the July 9, 2001, City Council meeting, the petitioner requested that action on this item be delayed until the July 23, 2001, meeting. PLANNING COMMISSION ACTION At the May 6, 2001, Planning Commission meeting, a public hearing was held for ZTA 01-01. After reviewing the staff report and hearing from the petitioners, a motion was made to recommend denial of the proposed zoning text amendment. The motion passed unanimously. PLANNING STAFF RECOMMENDATION City Staff recommends that the City Council deny the approval of ZTA #01-01. . • ORDINANCE NO. AN ORDINANCE TO AMEND CHAPTER 214, SIGNS, OF THE FRIDLEY CITY CODE PERTAINING TO AUTOMATIC CHANGEABLE SIGNS THE CITY COUNCIL OF THE CITY OF FRIDLEY DOES ORDAIN AS FOLLOWS: Section 1 Section 214, SIGNS is hereby amended by deleting the following language: SECTION 214, SIGNS 214.07. SIGNS PERMITTED WITH A SPECIAL USE PERMIT r � , . PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS TH DAY OF , 2001. ATTEST: DEBRA A. SKOGEN, CITY CLERK Public Hearing: July 23, 2001 First Reading: July 23, 2001 Second Reading: Published: 50 SCOTT J. LUND, MAYOR � � cmr oF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF JULY 23, 2001 Date: 7/18/01 � �To: Wiiliam Burns, City Manager �� From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Bulthuis, Planner RE: First reading of ZOA #01-02 INTRODUCTION IuQi�:�C3 Mr. Bobby Taylor, property owner of 401 Ironton, is requesting rezoning this property from R-1 Single Family to R-3 Multiple Family, in order to accommodate the number of units and density desired to operate as rental sober housing. At the June 18, 2001, City Council meeting, the petitioner requested that the City Council postpone action on this item until the July 23'�, 2001 meeting. PLANNING COMMISSION ACTION At the June 6, 2001, Planning Commission meeting, a public hearing was held fior ZOA 01-02. After reviewing the staff report and hearing from the petitioners, a motion was made to recommend denial of the rezoning request. The motion passed unanimously. PLANNING STAFF RECOMMENDATION City Staff recommends that the City Council deny the approval of ZOA #01-02. 51 0 ORDINANCE NO. ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS SECTION 1. Appendix D of the City Code of Fridley is amended hereinafter indicated. SECTION 2. The tract or area within the County of Anoka and the City of Fridley and described as: �' Lot 2, Block 1, Froids Addition, as recorded at the office of the Anoka County Recorder, generally located at 401 Ironton Street 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-1, One Family Units to R-3, General Multiple Units. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS - _____ DAY O F _�___, 2001. ATTEST: DEBRA A. SKOGEN - CITY CLERK Public Hearing: June 18, 2001 First Reading: July 23, 2001 Second Reading: Publication: 52 SCOTT J. LUND - MAYOR _ � � �� FRIDLEY TO: FROM: DATE: SUBJ ECT: AGENDA ITEM CITY COUNCIL MEETING OF JULY 23, 2001 William W. Burns, City Manager � . •� Jon H�Iaukaas, Public Works Director July 23, 2001 First Reading of ZTA No. O1-06 PWO1-058 The Public Works staff is requesting a zoning text amendment to clarify our policy on the responsibility to maintain individual sanitary sewer service lines. Recommend the Ciry Council approve the first reading of the ordinance as presented. _ JHH:cz Attachment 53 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 402 OF THE FRIDLEY CITY CODE PERTAINING TO WATER AND SEWER ADMINISTRATION - REPAIRS TO CONNECTION THE CITY COUNCIL OF THE CITY OF FRIDLEY DOES ORDAIN AS FOLLOWS: That Section 402.06 is hereby amended as follows: 402.06 Repairs to Connection After the initial connection has been made to the water curb stop box or the sewer lead at the property line or a wate� service or sewer lead has been extended to the property line for connection, the applicant, owner, or the occupant or user of such premises shall be liable for all repairs required to any water line or any sewer lines necessary for connection of the premises from the property line to the premises. The City will be liable for all repairs requiredfrom the property line to the stfeet mains, including any necessary street repairs. It shall be the responsibility of the applicant, owner, occupant or user to perform standard maintenance of the sewer service line from the premises to the main mcludmq debns clearing or root cutting and to maintain the curb stop box at such height as will ensure that it remains above the finished grade of the land or property. (Ref.638) PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 2001. — ATTEST: DEBRA A. SKOGEN, CITY CLERK Public Hearing: First Reading: Second Reading: Published: � SCOTT J. LUND, MAYOR � � CfTY OF FRIDLEY DATE AGENDA ITEM CITY COUNCIL MEETING OF JULY 23, 2001 July 13, 2001 TO: William W. Burns, City Manager �� � FROM: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Bulthuis, Planner RE: Variance Request, VAR 01-09, Richard and Mary Nordstrom M-01-95 INTRODUCTION Richard and Mary Nordstrom are seeking to reduce the side yard setback between the property line and living space from 10 feet to 4.58 feet and the setback for an attached garage from 5 feet to 4.58 feet to construct an 18' by 28' attached garage with living space above at 145 Hartman Circle. APPEALS COMMISSION RECOMMENDATION At the July 11, 2001, Appeals Commission meeting, a public hearing was held for VAR #01-09. After a brief discussion, the Appeals Commission recommended denial of variance, VAR #01-09. The Appeals Commission noted that the Petitioner had no real hardship, that the size of the proposed expansion would be out of character in this neighborhood, and that several alternatives exist that would not require a variance. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMNEDATION City Staff recommends concurrence with the Appeals Commission. STIPULATIONS Staff recommends that if the variance is granted, the following stipulations be attached. 1. Petitioner shall obtain all necessary building permits prior to construction. 55 2. Addition shall be architecturally compatible with existing home and finished with the same siding and color scheme. 3. All vehicles shall be stored on a hard surface driveway as approved by the City. 4. Garage shall not be used for a home occupation or living area. 5. Petitioner shall install code approved firewall around proposed shop area. � City of Fridley Land Use Application VAR #01-09 July 3, 2001 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Richard & Mary Nordstrom 145 Hartman Circle NE Fridley, NIN 55421 Requested Action: Variance to reduce the side yard setback for a garage addition with living area above. Existu��Zoning: R-1 (Single Family Residential) Location: 145 Hartman Circle NE Size: 13,472 sq. ft. .3 acres Existing Land Use: Single family home. Surrounding Land Use & Zoning: N: Girl Scout Camp Lockeslea & Public Facilities E: Single Family & R-1 S: Single Family & R-1 W: Single Family & R-1 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Section 205.07.3.D.(2) (a) requires a side yard setback of ten (10) feet between any living area and side property lines. Zoning History: 1955 - Lot is platted. 1957 — Home is built. Legal Description of Properly: Lot 12, Block 2, Sandhurst Addition Public Utilities: Home is connected. Transportation: Hartman Circle provides access to the residence. 57 Physical Characteristics: Typical suburban landscaping. SUMMARY OF PROJECT Petitioners, Mr. and Mrs. Nordstrom are seeking to reduce the side yard setback between the property line and living space from 10 feet to 4.58 feet and the setback for an attached garage from S feet to 4.58 feet to construct a 28 by 18 attached garage with living space above. SUMMARY OF HARDSHIP "We have two large silver maples in the back yard, the trunks of the trees are over 30 inches in diameter. One of the trees is directly behind the kitchen to the north of our lot. There would be no way we could add this addition to the north without taking down these lovely silver maples. We have four vehicles and there is a useful purpose for every one of them. I would with the addition be able to store these vehicles inside and not have to keep two of them in the driveway all year long. - Richard Nordstrom SUMMARY OF ANALYSIS City Staff recommends denial of this variance request. No similar variances have been granted in the past. Other altematives exist. • There is no undue hardship. CITY COUNCIL ACTION/ 60 DAY DATE CC — 7/23/O 1/ 60 Day — 5/21/O1 VAR #01-09 AIVALYSIS Petitioners, Richard and Mary Nordstrom, are seeking to reduce the side yard setback between the property line and living space from 10 feet to 4.58 feet and the setback for an attached garage from 5 feet to 4.58 feet to construct a 18 by 28 attached garage with living space above at 145 Hartinan Circle. The property is zoned R-1 Single family and is located on Hartman Circle, west of East River Road. The existing home and garage front on Hartman Circle and were built in 1957. The existing home and attached garage is 22.5 feet from the side yard properiy line. In order to construct the addition in the petitioner's preferred location, a variance to reduce the side yard setback is necessary. Staff made a visit to the site and noted that there are other options for the additions without needing a variance. One altemative proposed by Staff would be to reduce the addition to be 12 by 28. This would allow the peritioner's to both gain garage and living space without needing a variance. Another option far the petitioner's would be to construct a detached garage in the northern corner of the lot and create a living addirion off of the back of the house. The two silver maples that the petitioner's address in their hardship statement are around 20 feet from the house, so a living addition off the back of the house could be accomplished. Location of Silver Maple in rear yard As stated above, the petitioners are seeking to reduce the side yard setback from 10 feet to 4.58 feet to construct an addition to their garage, with living space above. Fridley City Code requires that fust accessory structures not exceed a maximum of 1,000 square feet. The proposed addition will exceed : this requirement by 148 square feet. "fhe petitioner has indicated that he will install a firewall to separate the garage from the remaining 148 square feet and will use this area as a workshop. Existing home and detached garage VARIANCE �LARDSHIP Before the Commission shall grant a variance, it is the responsibility of the applicant to prove that enforcement of the code would cause undue hardship because of conditions unique to the properry and that if the variance is granted it will be keeping with the intent of the ordinance. Undue hardship as defined by law is: 1. The property cannot be put to reasonable use if used under the requirements of the code. 2. The need for the variance is due to the conditions unique to the property and not created by actions of the landowner. 3. The variance, if granted, will not alter the character of the neighborhood. City Staff has not been able to identify any hardship, as defined by the law, that would allow staff to recommend anything but denial of this request. In addirion, to the staff analysis of the site, the petitioner has not listed out any legally defined hardship in his letter of hardship. In reviewing the petitioner's request, staff applied the legal definition of hardship and developed the following analysis: The property cannot be put to reasonable use if used under the requirements of the code. • Staff's research recognized that a 12 by 28 expansion could be accommodated. • Property can still be used as a single-family home. The existing home has a 784 square foot rivo car garage. 59 2. The need for the variance is due to unique property conditions. • There are no physical characteristics that would deem this site as having unique properiy conditions. • The Petitioners desire to add 18 feet to the side of the home is not a unique condition. Staff has demonstrated that alternatives do exist. 3. The variance will not alter the character of the neighborhood. • The code requires the side yard setback to provide side yard space to be used for green areas which enhance neighborhoods. The setbacks also provide access for emergencies and limit the condition of crowding the neighborhood. This neighborhood consists of ramblers with two car gazages. Two double garages and the height of the living area above would be out of place in this neighborhood. SUMMARY OF HARDSHIP "We have two large silver maples in the back yard, the trunks of the trees are over 30 inches in diameter. One of the trees is directly behind the kitchen to the north of our lot. There would be no way we could add this addition to the north without taking down these lovely silver maples. We have four vehicles and there is a useful purpose for every one of them. I would with the addition be able to store these vehicles inside and not have to keep two of them in the driveway all year long. "— also see attached letter from petitioner. - Richard Nordstrom RECOMMENDATIONS City Staff recommends denial of this variance request. • No similar variances have been granted in the past. • Other alternatives exist. • There is no undue hardship. STIPULATIONS Staff recommends that if the variance is granted, the following stipulations be attached. 1. Petitioner shall obtain all necessary building perniits prior to conshuction. 2. Addition sha11 be architecturally compatible with existing home and finished with same siding and color scheme. 3. All vehicles shall be stored on a hard surface driveway as approved by the City. 4. Garage shall not be used for home occupation or living area. 5. Petitioner shall install code approved fu-ewall around proposed shop area. .1 � � CfIY OF FRIDLEY DATE: TO: , FROM: SUBJECT: AGENDA ITEM CITY COUNCIL MEETING OF JULY 23, 2001 July 18, 2001 William W. Burns, City Manager �r�� �lr Scott J. Hickok, Communiry Development Director License Extension for Temporary Office Trailer at 7501 Commerce Lane INTRODUCTION On July 24, 2000, the City Council approved a temporary trailer license for Lombardi Brother's Meats, 7501 Commerce Lane. The approval was to allow time for Lombardi Brothers to construct a permanent building. At the time of the permit issuance, Community Development Director, Barb Dacy, clarified that though the license indicates a time period of 1— 2 years, the intent of this application was to allow a trailer for a one- year period. The purpose of the trailer is to allow additional office space without building a permanent addition to the building at this time. As Mr. Gau's letter indicates, the present business climate does not allow Lombardi Brothers to expand.. A neighboring Industrial site owner has expressed concern over the continuance of the temporary use on the Lombardi Brothers site. His concerns are primarily the appearance of the temporary structure and Lombardi's unpaved driveway near the trailer at this same address. Code does require an approved hard surface drives and parking areas. Regardless of the outcome of a trailer extension request that issue will be required to be addressed in a timely manner. ALTERNATIVES FOR ACTION 1. Deny license extension for continued use of the temporary structure 2. Deny the 1 year extension of the license for a temporary structure, but allow the trailer to stay for 90-days as the business seeks alternatives for addressing their space needs; 3. Approve the temporary trailer license for an additional year with stipulations, which include: • No future trailer license extensions beyond 2002; • Discontinuation of use gravel driveway on north side of trailer, or 61 • In the alternative, the addition of curb and approved surface over gravel drive by July 2002; • If discontinuation of use of gravel drive is chosen, preparation of that surface with black dirt and the application of seed or seed or sod shall occur before October 2001. 4. Approve a 1-year extension of the temporary trailer license. RECOMMENDATION Due to the uncertainty of the business climate for Lombardi Brothers and the hardship that would be caused by an abrupt discontinuation, staff recommends approval of a 1- year extension of the temporary trailer license with the stipulations outlined in Option 3 ,(above). � M-O 1-97 62 - FRIDLEY CITY COUNCIL MEETING MINUTES OF JULY 24, 2000 PAGE_1 0 THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF JULY 24, 2000 2. APPROVE TEMPORARY N.E. (WARD 3): Mr. Burns, City Manager, stated that the trailer would house sales staff for a period of one year. This would allow time for Lombardi Brothers to construct a permanent building addition. Staff recommended Council's approval. Councilmember Bolkcom asked Ms. Dacy, Community Development Director, if this trailer license was for only one year even though the application lists one to two years. Ms. Dacy stated that it was for only one year. APPROVED TEMPORARY TRAILER LICENSE FOR LOMBARDI BROTHERS. Mr. Jan Bjorke, from Lombardi Brothers Meats, stated that in the last year they have added staff and need more space. That was the main reason for the trailer. 63 LOMBARDI BROTHERS MEATS MINNEAPOLIS 7501 Commerce Lane Fridley, MN 55432 (Retyped from Original Letter) June 21, 2001 Scott Hickok Community Development Director Municipal Center 6431 University Avenue Northeast Fridley, MN 55432 Dear Scott Hickok: This letter is to request an extension of the license for another year for our office trailer. When we made the first request one year ago, we had anticipated that we would be able to expand our facilities within a year. Unfortunately, the present business climate does not allow us to do that. We have grown our business by about 3% but we had anticipated a much larger growth curve. We have added a sales manager and 2 safes rep to the staff since we secured the first license, and we are aggressively pursuing two more. It would adversely effect our business if we would not have the additional room to house our sales staff on site. I would appreciate your attention to this matter. If I can be of further assistance, please give me a calL Sincerely, Michael Gau Director of Sales & Operations .� AGENDA ITEM CITY COUNCIL MEETING OF JULY 24, 2000 CffY OF FRIDLEY DATE: July 20, 2000 TO: William W. Burns, City Manager 'FROM: Barbara Dacy, Community Development Director Scott J. Hickok, Planning Coordinator SUBJECT: Lombardi Brothers Meats Temporary Trailer License INTRODUCTION Michael Gau, General Manager, Lombardi Brothers Meats, 7501 Commerce Lane, has requested approval of a temporary trailer license to allow an office trailer on their site at 7501 Commerce Lane. The City has a license procedure for this type of trailer application. Staff recommends approval with 4 stipulations. ISSUES Mr. Gau has indicated that their company is in the process of planning and designing a permanent addition, but their current space combined with the growth of their sales staff is making a temporary office space solution necessary. Staff has reviewed the site and has determined that the proposed location is best suited for the 658 s.f. (11'-9" x 56'-0") trailer. Lombardi's trailer office lease is for a one-year term and they do not anticipate needing a future license renewal request. This request is different than the recent Islamic Center request in that the Industrial district provides a temporary trailer license opportunity. To have a classroom expansion at a school, on the other hand, requires modification of the school's special use permit due to potential impacts of a private school expansion in a residential district. Parking stalls must be striped on this site to assure that the parking area for employee vehicles is clearly defined. Staff recommends a maximum 1-year term for this temporary office trailer. ��� Lombardi Brothers Meats July 20, 2000 PAGE 2 RECOMMENDATION Staff recommends approval of the attached license with 4 stipulations. 1. Trailer license is for a maximum term of 1-year at which time the trailer is to be removed from the site. 2. All parking shall be on-site on asphalt parking areas only. 3. All stalls shall be striped in accordance with the City's 9' x 20' industrial parking requirements. a. Any necessary building permits shall be acquired prior to commencement of the work on this project. M-00-129 • • = AGENDA ITEM CITY COUNCIL MEETING OF F� °� J U LY 23, 2001 INFORMAL STATUS RL'PORTS 67