Loading...
10/08/2001 - 4772� cirrof FRIDLEY FRIDLEY CITY COIINCIL MEETING ATTENDENCE SHEET M��day, vc��be�. s, 200� 7:30 P.M. PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN PRINT NAME (CLEARLY) ADDRESS K ITEM NUMBER � � ' -, � __ . . _� �� � Y-``- {_ _.. -r'�. ' � v r � � CITY COUNCIL MEETING OF OCTOBER 8, 2001 ClTY OF FRIDLEY The Citv of Fridley w-ill not discriminate against or harass anyone in the aclmission or access to, �r 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. Lrpon request, accommodation wi11 be provided to allow individuals �vith disabilities to participate in anv of Fridley's services, proyrams, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at �72-3500 at least one week in advance. (TTD/572-3�34j PLEDGE OF ALLEGIANCE. PROCLAMATION: Make a Difference Day — October 27, 2001 APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of September 10, 2001 City Council Meeting of September 17, 2001 � NEW BUSINESS: 1. Receive the Planning Commission Minutes of September 19, 2001 .................................................................................. 1- 3 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 8, 2001 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 2. Preliminary Plat Request, PS #01-04, by Dale Anderson and Paul Hilborn, to �, = Divide Property between Two Lots, ! Generally Located at 1400 Kerry Circle , and 6175 Heather Place N.E. (Ward 2) ....................................................... 4- 6 � � 3. Schedule a Public Hearing for October 22, 2001, for the Local Law Enforcement Block Grant............................................................................................................. 7 - 8 4. Appointment - City Employee ...................................................................... 9 5. Claims ........................................................................................................... 10 6. Licenses ....................................................................................................... 11 - 14 7. Estimate ........................................................................................................ 15 iti A ` � � ��'��¢/4�` --� � ��1ti,ti� S t�;. , -� � �- �, ,. � CITY COUNCIL MEETING OF OCTOBER 8, 2001 QTY OF FRIDLEY The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national oriQin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon yrequest, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auYiliary aids should contact Roberta Collins at �72-3�00 at least one week in advance. (TTD/572-3�3�) PLEDGE OF ALLEGIANCE. PROCLAMATION: Make a Difference Day — October 27, 2001 APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: ��j� ��,1�-� City Councii Meeting of September 10, 2001 City Council Meeting of September 17, 2001 NEW BUSINESS: Receive the Planning Commission Minutes of September 19, 2001 ................. 1- 3 2. Preliminary Plat Request, PS #01-04, by Dale Anderson and Paul Hilborn, to Divide Property between Two Lots, Generally Located at 1400 Kerry Circle and 6175 Heather Place N.E. (Ward 2) ....................................... 4 - 6 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED 3. Schedule a Public Hearing for October 22, 2001, for the Local Law Enforcement Block Grant........................................... 7 - 8 4. Appointment - City Employee 5. Claims 6. Licenses 7. Estimate ADOPTION OF AGENDA.����.,n � {` E 10 .... 11 - 14 15 OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes. ` � � FRIDLEY CITY COUNCIL MEETING OF OCTOBER 8, 2001 PAGE 2 NEW BUSINESS: �` ,�n/ . � � t'� �� � �"�. �,-��--�'� � �; �; �'''11� ��� 8. First Reading of an Ordinance Amending ���}�� Chapter 213 of the Fridley City Code Pertaining to Allowing Barbed Wire Fencing in Certain Zoning Districts .................... 16 — 19 9. Resolution Approving the Comprehensive Plan for the City of Fridley and Authorizing Staff to Distribute to the Metropolitan Council 20 - 23 � n � � / �,� �- r,��� � �� �,' � ��>^� � 10. Resolution Establishing a Deconstruction Policy for the City of Fridley ........................... 24 - 26 � � , � ��c � �. � - �; �,� 11. Informal Status Reports ..................... 27 ADJOURN. 0 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 8, 2001 PAGE 3 ADOPTION OF AGENDA. OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes. NEW BUSINESS: 8. First Reading of an Ordinance Amending Chapter 213 of the Fridley City Code Pertaining to Allowing Barbed Wire Fencing in Certain Zoning Districts .................................................................................... 16 - 19 9. Resolution Approving the Comprehensive Plan for the City of Fridley and Authorizing Staff to Distribute to the Metropolitan Council ................................................................ 20 - 23 10. Resolution Establishing a Deconstruction Policy for the City of Fridley ........................................................................................... 24 - 26 11. Informal Status Reports ..................................................................................... 27 ADJOURN. =i= _1= _- _ _ - =, -= = =� = = = = =- _ __ _ _ _ _ - - _ _ _ _ _ _ _ - __ --_ -- _ _ - --� - - -- - 112AKE A DIFFERENCE DAY October 27, 2001 .� �� tivHEREAS, serioa�s social problems concern our nation and threaten its future; and WHEREAS, connecting tivith others and working together through volunteer service can bridge the c�ifferences thczt separc�te people and help solve serious social problem.s; and WHEREAS, we, the American people, have a trczdition of philanthropy and volunteerism,- and WHEREAS, millions of self-sacrificing individuals have touched and enhanced the lives of millions by giving where there was a need, rebitilding what had been torn down, teaching where there was a desire to learn, and inspiring others; and WHEREAS, volunteer service is c�n investment in the firtarre we all must share; and I�HEREAS, netivspapeYS, organizations c�nd volunteer centers have joinec� to promote an annz�al national day of doing gooc� that celebrates and strengthens the spirit of volunteer service; NOW THEREFORE, BE IT RESOLVED, that I, Scott J. Larnd, Mayor of the C�ry of Fridley, hereby proclaim October 27, 2001, as MAKE A DIFFEI2ENCE DAY in the Ciry of Fridley, Minnesota, and urge all residents to observe this clay by connecting with friends, fellow employees and relatives, and tivith religious, school and civic groa�ps to engage in projects benefiting our community. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the Ciry of Fridley to be af�xed this 8th day of October, 2001. Scott J. Lund, Mayor THE MINtiTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF SEPTEMBER 10 . 2001 The Regular Meeting of the Fridley City Council was called to order by Mayor Lund at 8:00 p.m. PLEDGE OF ALLEGIANCE: �layor Lund led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEiVIBERS PRESENT:1�layor Lund, Councilmember Barnette, Councilmember Bolkcom, Councilmember Billings, Councilmember Wolfe. MEMBERS ABSENT: None. PROCLAMATIONS: National Breast Cancer Awareness �Ylonth - October, 2001 Nntiona! Mammography Day - October 19, Z001 Mayor Lund stated that early detection and prompt treatment can significantly reduce suffering and deaths caused by this disease. APPROVAL OF PROPOSED CONSENT AGENDA: MOTION by Councilmember Barnette to approve the proposed consent agenda as presented. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES: City Council Meeting of Au�ust 27, 2001. APPROVED. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 10. 2001 OLD BUSINESS: PAGE 2 1. ORDIrANCE NO. 11�8 RECODIFYING THE FRIDLEY CITY CODE BY A1�IEtiDING APPENDIX F TO PROVIDE FOR THE ADJUSTMENT OF SALARIES FOR THE NIAYOR AND THE COUNCILMEMBERS IN ACCORDANCE WITH SECTION 2.07 OF THE CHARTER OF THE CITY OF FRIDLEY: Mr. Burns, City Manager, stated that this ordinance provides for a four percent (4%) cost of livina adjustment. Staff recommended Council's approval. ADOPTED ORDI�I:�NCE NO. ll�8. NE�V BUSI�iESS: 2. ORDIrANCE NO. 11�9 FRIDLEY CITY CODE i�IENTS: ANIENDING CHAPTERS 205, 206 AND 603 OF THE PERTAINING TO FIRE PROTECTION REOUIRE- Mr. Burns, City Nlanager, stated that the ordinance would require sprinklers in a11 ne�v buildinas in excess of 2,000 square feet and would disassociate sprinklering requirements from liquor licensing. Staff recommended Council's approval. ADOPTED ORDINANCE NO. ll�9. 3. REQL"EST FOR A VARIANCE EYTENSION, VAR #00-23, BY MARTI POVLITZKI, FOR THE CONSTRUCTION OF A GARAGE ADDITION AND THE EXPANSION OF A FRONT ENTRYWAY, GENERALLY LOCATED AT 369 HUGO STREET N.E. (Ward 31: Mr. Burns, City Manager, stated that the Povlitzkis were granted front and side yard variances in August of last year that would have allowed the construction of an addition to their home. They are cunently requesting additional time. Staff recommended a one- year extension. Councilmember Bolkcom stated that the Povlitzkis should be sent information regarding Anoka County's plans as soon as possible. APPROVED VARIANCE EXTENSION, VAR #00-23. 4. RESOLUTION NO. 47-2001 APPROVING A PLAT, P.X. #01-03, (SKYWOOD MANOR, BY BRUCE NEDEGAARD) TO REPLAT PROPERTY FOR THE PURPOSE OF CREATING LOTS TO ALLOW CONSTRUCTION OF NEW SINGLE FAMILY HOMES, GENERALLY LOCATED AT 5353 FILLMORE STREET N.E. (WARD 2): FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 10, 2001 PAGE 3 Mr. Burns, City Manager, stated that this property has been replatted into four single family lots. Staff recommended approval of the resolution subject to stipulations. ADOPTED RESOLUTION NO. 47-2001. �. APPROVE A DEVELOPNTENT AGREEi�TENT FOR A FINAL PLAT PS #01-03, BY NEDEGAARD CONSTRUCTION COMPANY, TO DIVIDE PROPERTY INTO FOUR SINGLE FA�vIILY LOTS, GENERALLY LOCATED AT �353 FILLNTORE STREET N.E. f`VARD 21: N1r. Burns, City ManaQer, stated that the development a�reement incorporates the dividing of property located at 53�3 Fillmore Street N.E. into four sin�le family lots. APPROVED A DEVELOPMENT AGREEVIENT FOR A FINAL PLAT, PS #01-03 BETWEEN THE CITY OF FRIDLEY AND NEDEGAARD CONSTRUCTIOl�i COMPANY. 6. APPOINTMENTS - CITY EiVIPLOYEES: L1r. Burns, City Mana�er, stated that staff recommended the appointment of the follo�r-in� t�vo police officers: �1s. Shannon Coulter as Patrol Officer (Partial Exempt) replacing Rick Crestik, who has been promoted. She has an Associate of Arts Degree from Normandale Community College and completed her Law Enforcements Skills Course in 1994. Ms. Kathleen Kelley as Patrol Officer (Partial Exempt) replacing Lavvrence Chubb who is retiring. She attended the University of Colorado and Colorado State University. She attended Police Officer Academy at Texas Junior College. She has been employed as a Fridlev School Resources Officer. APPOINTED SHANNON COULTER AND KATHLEEN KELLEY AS PATROL OFFICERS. 7. CLAINiS: APPROVED PAYMENT OF CLAIM NOS. 101319-101�0�. 8. LICENSES: APPROVED ALL LICENSES AS SUBNIITTED. FRIDLEY CITY COUNCIL NIEETING OF SEPTEMBER 10, 2001 PAGE 4 9. ESTIMATES: Approved estimates as follows: Lametti & Sons, Inc. 16028 Forest Boulevard North Hugo, NIN 5�038 Sanitary and Storm Sewer Lining Proj�ct No. 337 FINAL ESTIMATE: $129,898.50 Dave Perkins Contracting, Inc. 14230 Baslat Street N.W. Ramsey, �N 55303 2001 Street Improvement Project No. ST. 2001 - 1 Estimate No. 5 $ 76,57�.13 Ron Kassa Construction 600� - 2�0`h Street East Elko, N1N 5�020 Miscellaneous Concrete Curb and Gutter and Sidewalk Project No. 338 Estimate No. 4 $ 7,420.5� ADOPTION OF AGENDA: MOTION by Councilmember Billings to adopt the Agenda as presented. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM, VISITORS: Mr. Richard Coleman, 188 River Edge Way, stated that during the last couple of ineetings, the proposed 2002 budget and property tax levy proposal were not considered. He asked why. Mayor Lund stated that the preliminary proposed budget was from the last meeting and will come up at a future date. Mr. Burns, City Manager, stated that it was discussed at the last meeting briefly. Mr. Coleman stated that he did not see it published in the minutes. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 10, 2001 PAGE 5 Mr. Burns, stated that it was not an official budget hearing. Council will meet again to discuss it at a work session. The public hearing is scheduled for December 3. Councilmember Bolkcom stated that �1r. Burns presented a very brief sumrnary during the August 27 Council meeting. All of the budget sessions are open to the public and advertised. Mr. Coleman asked if the budget included the property ta� le�y for Anoka County. Mr. Burns stated that both of the parts of the budget were discussed at the last meeting. There will be an article in the October ne�vsletter that will provide a good overview of the budget and revenue process. Mr. Coleman asked if it would cover the property tax levy. Mr. Burns stated that it would. PUBLIC HEARINGS: 10. CONSIDERATION OF A 3.2% MALT LIQUOR LICENSE APPLICATION FROM ORIENTAL HOUSE RESTAURANT, GENERALLY LOCATED AT 5865 UNIVERSITY AVENUE N.E. (WARD 1): MOTION by Councilmember Billings to open the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE NTOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 8:12 P.M. Mr. Burns, City Manager, stated that Okhui L. Yang, the owner of the Oriental House Restaurant, is applying for a new liquor license. The Police Department has no objection and the property is properly zoned. The applicant also has the required insurance. Councilmember Billings asked if she was in the restaurant business before. Ms. Yang stated that she used to be an Assistant Manager of a restaurant. This is the first time she has been the owner. Councilmember Billings asked if the restaurant �r�as open now and if it had been closed for a short time. Ms. Yang stated that it was closed for about four days between owners. Councilmember Billings asked if she would only be serving beer. Ms. Yang stated that it would only be 3.2 beer. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 10, 2001 PAGE 6 Councilmember Billings stated that the license would be voted on at the neYt meeting. MOTION b�� Councilmember Billings to close the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 8:17 P.1�I. 11. CONSIDERATION OF AN ORDINANCE AMENDING THE FRIDLEY CITY CODE TO REPEAL CHAPTER 113, ENTITLED "SOLID WASTE DISPOSAL AND RECYCLING COLLECTION" AND ADOPTING A NEW CHAPTER ll3: MOTION by Councilmember Bolkcom to open the public hearing and waive the reading. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE NTOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 8:17 P.M. Ms. Jones, Environmental Planner, stated that there are three steps proposed for this process. One step is to repeal the e�cistin� code and adopt a new Chapter 1 li. Council will also need to adopt a resolution setting recycling fees. There are five parts to Chapter 113. One part is the definition section related to solid waste. The neYt sections are related to composting, recycling requirements and licensing requirements. The first change to the code involve changing the definition sections to match State Statutes and adding definitions staff felt were missing. Ms. Jones stated that the solid waste section proposes that all garbage dumpsters and boY type recycling containers be screened from view of the public right-of-way, as well as from parks and adjoining residential property. Removing a 32-gallon size limitation on residential garbage containers is proposed and placement of garbage containers at curbside for a 28-hour time period is also proposed. That period would be from 5:00 p.m. the day prior collection to 9:00 p.m. the day of collection. Staff feels strongly about requiring screening to reduce litter. This would help conceal large items like appliances until they can be picked up. With respect to outdoor storage, commercial and industrial property should also be held to the same standards. Many people have commented that about ten years ago, they questioned whether they wanted to live in the community because they felt it was starting to look trashy. As a result of efforts by staff regarding code enforcement, people have seen a turnaround in their neighborhood. Staff feels strongly that we need to carry on with that improvement. The retail 32-gallon garbage cans are not heavy duty and tip over a lot. The lids disappear and not too many people replace them. We also cannot identify the garbage hauler. Curbside collection is advantageous sinee it is less costly since two people do not need to be on the truck. This also allows for automated collection. N1any people have stated that they did not want the haulers coming to their door for collection so they put the garbage curbside even though it is not allowed by Code. Ms. Jones stated that yard waste will only be allowed in view of the street or at the curb on collection day. Storage on property for more than five months is not allowed by the new proposal. There are also additional requirements to back yard composting. It may be allowed on FRIDLEY CITY COU�iCIL MEETING OF SEPTEMBER 10, 2001 PAGE 7 public property for educational purposes and will be allowed on residential property not any closer than 2> feet to the nearest waterway or 20 feet from the neighbors. Compost areas would need to be contained so as not to become a public nuisance, and the area may not exceed tive cubic yards in volume or five feet in height. Recycling changes involve the use of recyclina carts not requiring to be screened for more accessibility. Staff would like to see it on a paved surface. This must also be as convenient as trash disposal. Scavenging is prohibited. �iulti-unit owners also must ensure that their tenants be informed about recycling. Ms. Jones indicated that the fees for the recycling service are now set by ordinance and anytime there is a change, it is necessary to go through the ordinance process. Only small incremental fee changes are allowed to be made now. Most changes in the licensing section are to make everything more current. A clause was added for back-up warning devices. A procedure was also established for license revocation. The first reading of the ordinance would be on September 17. The first Council meeting in October would include the second reading of the ordinance and the adoption of the resolution setting the recyclina fees. The timeline for the ordinance adoption is November 2. � Councilmember Wolfe asked if the City would be lenient on a holiday if the hauler picks up the garbage later than normal. Ms. Jones stated that she thinks the City will be lenient in that regard. Councilmember Bolkcom asked if the garbage cans along the sides of the garage that are not screened would need to have a barrier around them. The cans may not be that unsightly. Can construction waste bins only be there far three months? Is that one set of three months for the �vhole year? Does it mean that the hauler will not come up to the door to retrieve the garbaQe cans if 1 am out of town or disabled? Ms. Jones stated that the current licensed haul�rs do offer to-the-door service in situations where the person is handicapped. Councilmember Bolkcom stated that the way it is written now is that she cannot have the garbage out more than 28 hours. If she were out of town, she would need to have someone bring it to the curb. Ms. Jones stated that everyone would be allowed to put the garbage out to the curb on collection day only. Councilmember Bolkcom stated that there are a lot of people who do not want to put it at the curb. Ms. Jones stated that it would be the hauler's discretion. Councilmember Bolkcom asked if there has to be a structure aro�md the garbage at the side of the garage. That should really be looked at. People may be upset about that. FRIDLEY CITY COUI�ICIL MEETING OF SEPTEMBER 10, 2001 PAGE 8 Ms. Jones stated that they do not have to be marked, but if garbage is allowed to be placed at the curb �vith the name and phone number stamped on them, it helps the City to determine if someone has a garbage service as required by Code. Councilmember Bolkcom stated that our whole idea is to have people recycle things and by opening this up we may have these great big cans for more garbage. Ms. Jones stated that staff proposes to be strict about screening. New systems for recycling collection appear to be automated with carts. This will probably be the norm in the next three to five years. The potential is there for yard waste collection carts as well. The number of carts that people could have concerns staf£ They would need to be screened from the public right-of- way. Councilmember Bolkcom asked why that would be a concern. Ms. Jones stated that it is an image issue for the City and it makes a big difference with one cart versus a couple of carts in the front yard. Councilmember Bolkcom stated that most people store the can on the side of the garage. Ms. Jones stated that she has seen stora�e mostly in the front of the garage. 1�1r. Hickok, Community Development Director, stated that when we started our systematic code enforcement, Council made the decision not to make that part of the inspection process. Neighbors just might not like to see garbage cans next to the house if they see it out of their dining room ��indow. Resolving those matters before the neighbors get upset helps to eliminate an aesthetic problem and takes a position on where the containers should be. Councilmember Bolkcom stated that she thought most people complain of old appliances that have been left outside and old garbage beside the garbage can. Mr. Hickok stated that he appreciates her perspective. Ms. Jones stated that staff is open to Council's input about the construction bin questions. Mr. Hickok stated that he believes the code is not restricting anyone to one, threz-month period, but three consecutive months. Mr. Burns, City Manager, stated that placement of these containers in the street may be the problem. Mr. Hickok stated that containers in the street are not permitted. That is an intrusion of public right-of-way. You could have these containers up to three months on a project. This ordinance states no more than three consecutive months. FRIDLEY CITY_COUNCIL MEETING OF SEPTEMBER 10, 2001 PAGE 9 Councilmember Bolkcom asked about the reasoning for the requirement that compost be no closer than 20 feet to a dwelling even though that part of the dwelling may be the garage. Mr. Hickok stated that there were some concerns related to ho�v close the garage would be to living rooms or dininQ rooms of homes. Councilmember Bolkcom stated that this proposes a bigger hardship from one neighbor to the nest. A misdemeanor for theft of pop cans would be hard to enforce. She asked why that �vould be a misdemeanor. Ms. Jones stated that she does not have a problem with a homeless person goin� out and trying to make a livina. Some cases she has dealt with involve a person driving a very nice vehicle �oinQ down the street and dumping the contents of the containers into their vehicle and making off with a pretty good haul of material. Theft of those materials affects everyone in the community because the price we pay for our recycling service is dependent on the hauler getting those materials. VVe need those materials collected by our hauler (in particular the pop cans) to keep prices do��n. The reality of catching someone doing this �vould be hard, but it is important to have the rule to deter people. Councilmember Bolkcom asked about leaves. If a disabled person collects the leaves before the garbage day, the leaves have to stav away from the curb until the hauler collects them. Ms. Jones stated that �vas correct. Ms. LeeAnn Sporre, 295 Ironton Street N.E., stated that she lives near Springbrook Nature Center on the creek do�vnstream. Fridley is suitable for urban living close to wildlife and we have opened Pandora's box regarding what a compost criminal is. There has been a lot of value placed on the husbandrv of our natural resources over the years in Fridley. `Ve have developed a waterway with Sprin�brook Creek that has had an increasing �r�aterflow. It is a 2,300-acre watershed that this compost criminal law is getting at the issue that is about the City's image. The language in the code would now make her a criminal. She has had to sustain the contents of the soil and she has raked the leaves into the wetlands area and put branches in there and has been able to prevent sedimentation and erosion. She has cattails in the backyard and maintains the sugar sand soil. If she were to put every leaf and twig and branch into bags, she would have a mound of bags big enough to fill the Council Chambers. There is no provision in the ordinance allowing her to do what she thinks is environmentally conscionable in managing the resources in her backyard. Upstream from her a man filled in soil in the backyard to prevent standing water in the backyard. Do�vn four houses a man decided to save his property by berming around his house. The neighbor across the street decided to have a truckload of cement poured into his backyard. Systematic code enforcement needs to be straight across the board. We have to resolve what is aesthetically beautiful and what is subjective. She asked Council to table this and clean up the language. Councilmember Billings asked if she was concerned with ne�v Chapter 11�.10 entitled "Composting?" FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 10, 2001 PAGE 10 Ms. Sporre stated that was correct. Councilmember Bolkcom stated that her compost is probably more than five feet. i�1s. Sporre stated that she probably �vill have more than other people due to her one acre but she has prevented sedimentation. Nlayor Lund asked if she was raking this onto only her property. Ms. Sporre stated that she owns four lots on the City boundary. Councilmember Wolfe asked if it was okay for people to rake leaves and throw them in the woods. Ms. Jones stated that there is language in the existing and proposed code that states that you cannot deposit leaves on property that is not yours. Councilmember Bolkcom stated that an area of more than 5 cubic yards would not be allowed. Ms. Jones stated that in the new language, it has to be maintained, and that is the problem. Composting is turning that material, adding proper materials so it does break down to make a finished product to use on your lawn and garden. Councilmember Bolkcom stated that in the past there was the problem of people taking other people's leaves from the driveway and putting them in their own backyard. Councilmember Wolfe stated that it happens in the Hathaway area when people rake their leaves and put them in the woods. Ms. Jones stated that it is something we would never know about unless someone complained about it. Mr. Hickok stated that it is the people's own issue of how they manage their own eco-resources on their property. We run into problems when people use chicken wire frame and dump grass only in there. It rots and that slow decomposition causes it to stink. Mayor Lund stated that there was a concern of leaching of dead leaves into the waterways and adding to the phosphorus levels affecting water quality. Ms. Jones stated that was correct. Ms. Sporre stated that if she did not do this, there wouId be massive erosion of sugar sand downstream. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 10, 2001 PAGE 11 Councilmember Barnette asked about the 28-hour period to leave garbage at the curb. Many people leave plastic bags out with garbage and raccoons get into those if left out overnight. Why not just leave the garbage out in the morning versus 5:00 p.m. the night before. Ms. Jones stated that the current and proposed code requires that Qarbage be in a container with a tight fitting lid. Setting materials out now in a bag is not acceptable. Councilmember Barnette stated that many people do not do that. Councilmember Bolkcom stated that was due to people needing to put it out the night before so they do not have to �et up earlier that morning. i�Is. Jones stated that garbage haulers are allowed to haul from 6:30 a.m. Mr. Sean Shores, 701 �8`" Avenue, stated that in the five years he has lived in Fridley, he has never lett the garbage near the �arage. He has always brought it down to the street. Most neighbors are unaware of why we are supposed to leave it at the house. He gets tired of dealing with his neighbor's garbage blowing throu�h his yard due to no lids on the cans. He called BFI and they stated that they were unable to provide containers due to Fridley's clause. He wants to have that container provided because they are more durable and stable. Screening means the container should be out of sight from the street and there are options to keep it in the back or in the gara�e. Mayor Lund stated that was correct. 1�1s. Jones stated that it could be in a side yard that is screened by shnibbery c�r fencing. 1�1r. Shores stated that he has an incline and stairways on both sides of the house. His garage is a single car garage. In his neighborhood, many neighbors have the same problem. He would rather be able to see the hauler's garbage cans rather than seeing cans that are dented and scratched with the lids off. Mayor Lund stated that there has been discussion over the years about sizes of garbage cans. Mr. Shores stated that he has a family of four and needs a bigger garbage can sometimes. Councilmember Billings asked if in Section 113.08 under Construction Waste Bins, Medtronic (with major remodeling) would have problems having a box type waste storage bin for construction waste for an eYtended period of time on the site. This should be evaluated. It may be necessary to have dumpsters out for more than three months. He does not know that we are going to get a"one size fits all" type of ordinance. In 113.09, Yard Waste Collection, a person may not place yard waste in mitied municipal solid waste. If three twigs fall off a tree, can he throw those in the refuse container or bundle them and pay the hauler an additional $5.00 to haul away those twigs? FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 10, 2001 PAGE 12 Ms. Jones stated that under State Statutes as of 1991 no wood products are permitted in solid waste. Councilmember Billings stated that the old 113.14 regarding replacing defective solid waste containers was not in the new proposed plan. i�1s. Jones stated that was an issue between the haulers and the residents for negotiation. The new proposed lan�uage has language stating that each dwelling must maintain sufficient watertight containers. Councilmember Billings asked if that was making more work for the City to monitor the containers. � i�1s. Jones stated that the private haulers want to maintain their customers, not anger them by telling them to replace the containers. Mr. Leslie Coyle, 6271 Sixth Street N.E., stated that you do not want to compost weeds and put them back in the garden. He asked if he couldn't thro�v them in the garbage. Ms. Jones stated that has been the law since 1991. Mr. Coyle stated he though that was ridiculous because if you are composting them, you are just throwing the �veed seeds back in there. Ms. Jones stated that if it is composted properly, the heat will destroy the seeds. Mr. Coyle stated that he has gotten compost materials from the County compost area and there are weed seeds in it yet. Councilmember Billings asked about Section 113.07 as it relates to commercial property containers. Are there any that currently have the refuse in the front yard and would be unable to get it to the side yard? Mr. Hickok stated that they are right now in the process of doing the systematic code enforcement for commercial property and he does not know the answer to that question. Ms. Jones stated that if it is in the front yard with an enclosure, it would still meet the requirements. Councilmember Bolkcom asked if all the City property does. Ms. Jones stated that she thought so. Councilmember Billings asked about Section 113.04, entitled "Residential Solid Waste �� Containers." FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 10, 2001 PAGE 13 Councilmember Billings asked if all the haulers licensed in Fridley were mechanized to handle a container larger than �2 gallons. Ms. Jones stated that most do offer automated service. Cotmcilmember Billings stated that the City ordinance now says it is okay %r people to buy the bigger cans whether their hauler can do that or not. This may force non-mechanized haulers out of the City of Fridley. Mr. Hickok stated if �ve do allow a biager container, the City should stay out of the referee position of havin� the City decide tivhether or not a container is okay. Councilmember Billings stated that if the City did not like a container that a particular hauler used, this would provide the City an opportunity to say that it is not durable enough. If the hauler says that they cannot lift anything that heavy, that is where the clause comes in that it has to be approved by the City and the hauler. If the hauler does not approve a container, it is between the hauler and the customer. Mr. Shores stated that if he cannot find something at one place, he would go to another hauler. He does not want the City telling him how much garbage he can produce and what container he can put it in. It is a free market, and if the hauler cannot afford mechanized hauling, he should be able to choose which hauler to have. Mayor Lund stated that they still have the option of coming up to the house. Councilmember Bolkcom stated that her concern is that some haulers mav not be able to function. Haulers should be allowed even though they are not mechanized. She asked if the haulers provided the containers for free. Mr. Denny Frederikson, Ace Solid Waste, stated that everything costs sooner or later, but most haulers �rovide the carts with the service. Competition has taken care of the cost of the carts. Councilmember Bolkcom asked if two carts are given for yard waste and garbage. Mr. Frederikson stated that they do not provide the yard waste carts. Some do. We pick up yard waste in a bag at the curb. We will figure out how to deal with the situation F'ridley picks. Mayor Lund asked if there is a size restriction to the carts up to a certain gallan. Ms. Jones stated that we put a special clause in addition to repeating the State Statute requirements requiring garbage haulers to offer volume based service. An additional sentence was included that stated that they must provide something smaller than a 60 gallon cart should a customer request it. Typically the 90 gallon size is the biggest offered. Mr. Burns stated that there is something bigger than the 90 gallon. FRIDLEY CITY COUNCIL NIEETING OF SEPTEMBER 10. 2001 PAGE 14 Ms. Jones stated that it means they allow you to put stuff in bags in addition to the 90 gallon. 1�1r. Burns stated that Mayor Lund's concern was that you would have something unlimited on the side. Ms. Jones stated that they could put in a clause for that concern as well. Mr. Dan Lynch, of Rehrig-Pacific, an Atlanta manufacturer of garbage cans, stated that they make 35, 65, and 95 gallon cans. Bigger cans are for multi-family homes. A 9� gallon can would be at the high end for a single family home. Councilmember Bolkcom asked if it would be possible not to have garbage? Ms. Jones stated that people have claimed that they do not have recycling but everybody gets the Fridley paper. If someone does not have any garbage, they may be burying it in the backyard. Councilmember Billings stated that if he were to diligently recycle, based on the fact that almost all of his meals are eaten away from his home, there will be up to eight weeks when he does not have anything to put out. He can understand where a person would not produce enough for a weekly pick-up. He is not suggesting we make changes to the ordinance. 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 CLOSED AT 9:50 P.M. Councilmember Bolkcom asked if this would be on the a�enda for September 17. Mr. Burns stated that the first reading would be held. Mayor Lund stated that there would be further discussion on this item on September 17. 12. INFORIVIAL STATUS REPORTS: Mr. Burns stated that we are in the process of arranging the Citizen Survey by Decision Resources, Ltd., for 500 residents. Mayor Lund stated that we need City input and please respond to questions if called. Mr. Burns stated that there will be an open meeting after the City Council meeting on settling the dispute between a certain developer and residents regarding some property. Mayor Lund stated that Call on the Council will be held at 6:00 p.m. tomorrow evening. Mr. Burns stated that the groundbreaking for the Gateway East project will be held Tuesday at 4:00 p.m. FRIDLEY CITY COUNCIL NIEETING OF SEPTEMBER 10. 2001 PAGE 1� ADJOURN: MOTION by Councilmember Barnette to adjourn the meeting. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE SEPTEMBER 10, 2001, CITY COUNCIL MEETING ADJOURNED AT 9:�5 P.M. Respectfiilly submitted, Signe L. Johnson Scott Lund Recording Secretary i�layor THE NIINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF SEPTE�IBER 17 , 2001 The Regular Meeting of the Fridl�v City Council was called to order by Mayor Lund at 7:30 p.m. PLEDGE OF ALLEGIANCE: Nlayor Lund led the Council and audien��e in the Pledge of Allegiance to the Flag. ROLL CALL: 1�IENIBERS PRESENT: Mavor Lund. Councilmember Barnette, Councilmember Bolkcom, Councilmemb�er Billings, Councilmember Wolfe. MENIBERS ABSENT: None. PROCLANIATIONS: Student Foreign E_rc{aange tii'ee�k: September 17-23, 2001 Jose Escobar - Paraguay Teemu Narhi - Finland Alejandro Rios - Bolivia Nlayor Lund welcomed all the students and stated that he hoped their stay was going well. Mr. Jose Escobar stated that he is a senior at Fridley High School and thanked Council for inviting them toni�;ht. Mr. Teemu Narhi stated that he is a senior at Fridley High School and he is glad that he has had this opportunity. Mr. Alejandro Rios stated that he is a s�:nior at Totino-Grace High School and also likes it very- much. Mayor Lund stated that it is the desire of the City of Fridley to show its appreciation and support to our distinguished guests. N1r. Bill Anderson and Ms. Karen Jones, from Fridley V.F.W. Post 363, welcomed the students and presented them with flags and pencils. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 17, 2001 PAGE 2 Domestic Violence Awareness Month: October, 2001 Mayor Lund stated that domestic violence will be eliminated through community partnerships of concerned individuals and oraanizations working together to prevent abuse, while at the same time promotin� social and legal change. Ms. Jenny Haider from Alexandra House stated that a candlelight vigil will be held on October 18 in remem6rance of women and families who have been killed in Anoka County. They will also look at the work that has been done and how they are moving forward. The proclamations they have received will be displayed at the Anoka County Government Center. She thanked Fridlev for its support. Ms. Haider stated that Alexandra House, offers shelter and community resources. She said they see a lot of families from Fridley. Fire Prevention Week: October 7-13, 2001 Mayor Lund stated that the vast majority of home cooking, heating, and electrical fires can be prevented bv taking simple safety precautions. Mr. Messer, Fridley Fire Nlarshal, stated that the Fire Department will have an open house on Saturday, October 6, from 1 1:00 a.m. to 3:00 p.m. Many demonstrations will be held. If anyone has any questions, they can contact the Fire Department. APPROVAL OF PROPOSED CONSENT AGENDA: MOTION b� Councilmember Barnette to approve the Proposed Consent Agenda with the removal of Item #3. Seconded by Councilmember Bolkcom. UPON A �'OICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNAtiIMOUSLY. APPROVAL OF MINUTES: City Council Nleeting of September 10, 2001. APPROVED. NE�V BUSINESS: 1. RECEIVE THE PLANNING COMMISSION MINUTES OF SEPTEMBER 5 2001: RECEIVED. FRIDLEY CITY COUNCIL MEETIrvG OF SEPTEMBER 17, 2001 PAGE 3 2. SPECIAL USE PERi1�1IT RLQUEST, SP #01-09, BY VIRGIL OKESON, TO ALLOW A SECOND ACCESSORY STRUCTURE (GARAGE), GENERALL�" LOCATED �T 1-i23 - 6�l � AVENtiE N.E. (WARD 2): iV1r. Burns, City Manager, stated that this would allow the construction of a 672 square foot accessorv structure to be used for storage of boats, trailers, and lav�n equipment. The Planning Commission approved it at their September � meetinQ. Staff recommended Council's approvaL � APPROVED SPECIAL USE', PERivIIT REQUEST, SP #01-09, BY VIRGTL OKESON, WITH THE FOLL,OWING SIX STIPULATIONS: 1. STAFF SHALL CONDUCT REGULAR INSPECTIONS OF THE SITE. IF, AT AtiY TIi�IE, � TRAIL SINIULATING A I�RIVEWAY IS PRESENT, A H�RD SURFACE DRIVEWAY AS APPROVED BY THE CITY WILL NEED TO BE INSTALLED WITHIN 90 DAYS. 2. PETITIONER SHALL OBTAIN ALL NECESSARY PER:tiIITS PRIOR TO CONS�TRUCTION. 3. THE STRUCTU'RE SHALL NOT BE USED FOR A HOME OCCUPATION OR LIVING AREA. 4. ALL VEHICLES SHALL BE STORED ON A HARD SURFACE AS APPROVED BY THE CITY. �. TOTAL SQUARE FOOTAGE OF ALL ACCESSORY STRUCTURES MUST NOT EYCEED 1,400 SQUARE FEF:T. 6. GARAGE SHALL BE ARCHITECTU�2ALLY COMPATIBLE �VITH F:XISTING H0�1E AND FINISHED �VITH A COMPLENIENTARY SIDE AND COLOR SCHEME. 3. APPROVE A DEVELOPMEI��T AGREEMENT FOR A FINAL PLAT, PS #01-02, BY GEORGE B�TESON, TO ALLOW FIVE SINGLE FANIILY LOTS, GENERALLY LOCATED A'T HEATHER PLACE AND CENTRaL AVENUE N.E. (WARD 2): Mr. Burns, City ManaQer, stated that is a tive-plot plat in the Heather Hills North II Plat. The final plat was approved by Council on August 13. Staff recommended Council's approval. THIS ITEM WAS REMOVED FROiVI THE CONSENT AGENDA FOR FURTHER DISCUSSIO�i. 4. RESOLUTION NO. 48-2�01 DIRECTING PREPARATION OF THE ASSESSMENT ROLL FOR T�FIE 2001 NUISANCE ABATEMENT: Mr. Burns, City i�lanager, stated that this is for costs associated with the Nuisance Abatement Project for 2001. Th�ere was one assessment at between $300 to $400. Staff recommended Council's approv��l. ADOPTED RESOLUTION NO. 48-2001. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 17, 2001 PAGE 4 �. RESOLUTION NO. 49-2001 DIRECTING PUBLICATION OF HEARING ON THE PROPOSED ASSESSNTENT ROLL FOR THE 2001 NUISANCE ABATENIENT: Mr. Burns, City Manager, stated that the hearing notice will be in the September 27 issue of the Focus News. Staff recommended Council's approval. ADOPTED RESOLUTION NO. -�9-2001. 6. RESOLUTION 50-2001 DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARaTION OF PROPOSED ASSESSMENT FOR THE STINSON BOliLEVARD STREET IMPROVEi�IENT PROJECT NO. ST. 2001 - 2: Mr. Burns, City Mana�er, stated that the total project cost is about $40,000. It will be assessed aaainst benefited property owners at the rate of $9,600 each. The assessments shall be extended over a period of ten years. The first instaliment will be due the first Monday in January, 2002. Staff recommended Council's approval. ADOPTED RESOLUTION NO. �0-2001. 7. RESOLUTION NO. �1-2001 DIRECTING PUBLICATION OF THE HEARING ON THE PROPOSED ASSESSMENT FOR THE STINSON BOULEVARD STREET IvIPROVEMENT PROJECT NO. ST. 2001 - 2: Mr. Burns stated that the public hearing is scheduled for publication in the Focus News on September 27. Staff recommended Council's approval. ADOPTED RESOLUTION NO. �1-2001. 8. CLAIMS: APPROVED PAYMENT OF CLAIM NOS. 101506 - 10166�. 9. LICENSES: APPROVED ALL LICENSES AS SUBMITTED. ADOPTION OF AGENDA: MOTION by Councilmember Billings to adopt the Agenda with the addition Item 3 from the consent agenda. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETINtG OF SEPTE�VIBER 17, 2001 PAGE 5 OPEN FORUM, VISITORS: No persons in the audience spoke. NE`�' BUSINESS: 3. APPROVE A DEVELOPNIEi�1T AGREEiVIENT FOR A FINAL PLAT, PS #01-02, BY GEORGE BATESON, TO ALLOW FIVE SINGLE FAMILY LOTS, GENERALLY LOCATED A'T HEATHER PLACE AND CE�iTRAL AVENUE N.E. (WA12D 2): Councilmember Billings asked if it �uas a stipulation that the development agreement be e�cecuted. Mr. Hickok, Community Development Director, stated that there was not a stipulation on the plat, however, the developer w�as awar�� that a development agreement would be prepared and would be on this agend�. Councilmember Billings asked if it ���as changing anything on the stipulations because he understood t"�at the development agreement had already been approved by the City Council. i�1r. Hickok stated that was correct. Staff was working on development agreements for two developments at the time the tinal plat came before Co�mcil. We had constant communication with the d veloper and he was aware th�t the development agreement would be forthcoming and that it agre::ment would have to ao to the County for the final recording. He has reviewed it, agreed to all the stipulations and terms, �and signed it. i�10TION by Councilmember Billings 1:o approve a development agreement for a Final Plat, PS #O 1-02, by George Bateson. Seconded lby Councilmember Bolkcom. UPON A'VOICE VOTE, ALL V�TING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUS}�Y. PIIBLIC HEARINGS: 10. CONSIDERATION OF ORDINANCE ON RECREATIONAL VEHICLE PARKING: MOTION by Councilmember Barnette to open the public hearing. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL V�OTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIVIOUSLY, AND THE PUBLIC HEARING WAS OPENED AT 8:12 P.M. FRIDLEY CITY COUNCIL v1EETING OF SEPTEMBER 17, 2001 PAGE 6 Mr. Hickok, Community Development Director, stated that this item is to consider storage of boats, campers, and trailers. Systematic code enforcement in 1998 revealed that a number of property owners were storing utility trailers, camper trailers, and boats in their front yards and on - their drivew-avs. As a result of those discoveries, it led to discussion and ultimately to survey questions. Two variance requests by residents in 1999 asked to be able to park travel trailers in the drivewav in the front of their home. They were both denied. A surti-ey of surroundinQ communities finds that Fridley's ordinance falls in the middle of what is allowed in other communities. Andover requires parking on a hard surface in a building or off-site. Non- motorized vehicles must be parked on a hard surface, grass only on rear yard not visible from the public right-of-way, and it must be parked ten feet back from any property line. The recreational vehicles must be less than 20 feet in length to be kept on a residential property. Blaine requires parkin� on a hard surface and must be three feet back from the property lines. You can be parked on the grass or gravel in the side or rear yard. Brooklyn Park requires parking on a hard surface which must be five feet back from property lines. Columbia Heights requires parking on a hard surface with no specifications as to where. Coon Rapids requires hard surface parking on the side, front or rear yard. Crystal has no specification on what type of surface to be parked on but you can park on the side or rear yard and must be no closer than ten feet from neighborin� dwellings. Ramsey requires hard surface parking on the driveway, side, or rear yard. Shoreview requires hard surface parkin` on the driveway, front, side, or rear vard, 30 feet back from front property line and � feet from the side property line, and 10 feety from the rear property line. Spring Lake Park has no specifications as to what rype of surface. Parkin� is permitted in the front and side yard, but must be five feet from any side property line. Councilmember Billings asked if there was an overall recap of the cities in general. Mr. Hickok stated that there were different requirements found in the cities, and that the many ordinances �vere not being enforced. Mr. Burns asked if all the other communities allo�v non-motorized camper trailers on the driveway. � Mr. Hickok stated that they do, and Fridley was unique in not allowing them. Fridley allo�vs current outdoor storage in the side and rear yard for non-motarized boats, trailers, and campers. Motorized RVs are required to be parked on a paved surface. Staff recommended that in order to ensure enforcement, we select an option. Option 1 would be to leave the ordinance as it is or repeal the eYisting language and allow outdoor storage in front yards. Additional language could be added to the existing code that would prohibit front yard parking of RVs. Option 2 allows outdoor storage in all portions of the yards in residential districts. A motorized vehicle would be permitted on the driveway. In Option 3, language would be added that would state that motorhomes on driveways or in front yards would be prohibited. It combines the existing language for side and rear parking and would put the motor home behind the house on a paved surface or off-site storage. Councilmember Wolfe stated that he is glad the front yard/driveway issue has been cleared up. Many people do not mind the driveway placement versus placement on the grass in the front yard. FRIDLEY CITY COUNCIL MEETIiVG OF SEPTEMBER 17, 2001 PAGE 7 N1r. Gerald Sado�vski, 2�0 Rice Creek Boulevard N.E., stated that he has lived in other communities with ordinances that state that no recreational vehicles can be parked on the property anywhere except overnight. He owns five recreational vehicles and stores all of them outside the City. He hopes his neighbors will do the same. He respects strict enforcement. Councilmember Bolkcom asked if he w,as talking about RVs or boats. Mr. Sadowski stated that he was talking about RVs, boats, utility trailers, and all. N�tr. Jack Larson, 740 Pandora Drive N.E., stated that he is perturbed with the ordinance mostly because of motorhomes. He pulls his tifth w-heel with a pick-up and he pays as much for a license as an owner of a motorhome. He is not askin� for a full year of storaae but would settle for May 1� through September 1 �. A motorhome parked on the driveway would be blocking the vie�v from the neighbors but they are allowed. He thanks the Council and �lavor for allowing this, but feels discriminated against. Storage does not work out very well, especially when repairs need to be made. Councilmember Barnette asked him if he went out of town with it from Friday to Monday and would he need to store it on Tuesday and W ednesday. Mr. Larson stated that was correct and he still has to pay the fiill amount of storage fees for the month. Mr. Bill Erickson, 7341 Memory Lane 7�.E., stated that he built a pad on his driveway for a boat. He thinks the ordinance says storage and he believes it should be parking. He stores the boat during the winter and parks it there durin� the summer because he uses it t�L-o or three times a �veek for tishing. The ordinance should� read that vehicles could be parked on the driveway from April 15 to October 15. Mayor Lund asked him what his neighbors think. Mr. Erickson stated that they have no objection whatsoever. The boats in the neighborhood are nice looking and have covers and do not distract from the neighborhood at all. He would have to impose on his neighbor's property to park the boat on the side of the house. His boat is a 16 foot fishing boat. Councilmember Wolfe stated that many people have built a cement pad for their boat that they cannot use. Mr. and Mrs. Jim Reisner, 1624 Pierce Street, stated that their travel trailer hopefully can be parked in their driveway for the summ�er months. It is stored in the winter. Neighbors do not have any bad things to say about it. Mr. Reisner stated that they have neighbors here on their behalf. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 17, 2001 PAGE 8 Ms. Reisner stated that they use their travel trailer from May 1 � to November. It is 30 feet and there is still room for the pick-up in front of it. Councilmember Barnette stated that their home was set back quite a ways. Councilmember Wolfe asked if they had a problem with people storing snowmobiles in the winter. Ms. Reisner stated that they do not. Their neighbor has a couch in front of the garage. Mr. Reisner stated that he is all for allowing family-oriented vehicles to be easily accessible for more traveling and fun trips. Mayor Lund stated that he agrees, but everyone who has an RV wants to park it in their front driveway. Everyone who does not have one does not want it because they see it sitting there for weeks on end. This is being neighborly and considerate. Mr. Joe Nelson, 1357 - 64`h Avenue, stated that he suggests a time period for these vehicles. He invested $3,000 for estendin� the �vidth of the driveway and that was not enough. He was told to put the trailer next to the house and extended the driveway further and now has $6,000 in concrete. He is in compliance with City ordinance and has a large enough setback on the side of his home to allo�v that. i�lany people have smaller yards and setbacks. He asked what the typical side yard setback was. Mr. Hickok stated that it is about 10 feet from the property line to the house. 1�1r. Nelson stated that storage becomes a problem as well as servicing them. May through September would be a fair solution for parking. Mr. Jim Rusinak, 6412 Pierce, stated that he does not have an RV but this does not bother him. Blue collar people need their recreation and he likes to see people get out. He has no problem with parking in the driveway. Mr. John Bolich, 1�80 - 60`h Avenue N.E., stated that he has a large fifth wheel camper parked during the summer. He needs a definition of parking and storage. He uses his continuously through the summer and parks it in the driveway and stores it alongside the house during the winter. Maintenance is essential and storage does not work out when you are using it a lot. This ordinance can be an obstacle to using the vehicles by parking them far away. There is a lot of vandalism while vehicles are in storage. Mayor Lund asked for clarification of parking versus storage. Mr. Hickok stated that it is difficult to enforce not knowing if the vehicles are in the driveway to be serviced. Storage is for any period of time. FRIDLEY CITY COUNCIL MEETIivG OF SEPTEMBER 17, 2001 PAGE 9 Mr. Charles Anderson, �375 Nlatterhorn Drive N.E., stated that he had a question about motorhomes. He has a 2� foot motorh��me parked in front of his house with ramps to hold the front end up to be level to use the refriaerator. His neighbors have na problem with the motorhome. He put his motorhome in stora��e in Sprin� Lake Park because he decided that it did not look good from his neighbor's hous�.. It went through two hail storms, t�vo break-ins, and a lot of eYpense. It is now costing him $?,=�00 per year to rent a garage. He never had a problem when it was stored in front of the house and �vould like to put the motorhotrae in the drive�vav to work on it. Mr. Harvey Kienholz, 821 Rice Creek Terrace N.E., stated that he has an 8-foot pop-top camper. He had it parked in his driveway for ab�out 1 1/2 weeks and got the letter to move it. If it is not an eyesore, a person should be able to keep it in the driveway. If he could have parked the boat outside in the last hail storm rather than havin� to put his c�r there, it would have saved a lot of the damage to the car. N1r. Virgil Okeson, 1423 - 64`h Avenue N.E., stated that there are about eight people in his neighborhood who that have some kind of recreational vehicle. The neighbors have not stated that they disapprove of the vehicles in the driveway. We also have to b�: fair and allow the snowmobiles to be parked on the drive��ray�. i�1r. Bruce Vranish, 7�73 Lyric Lane N.E., stated that another option could provide for visitors th�t come to the City. His in-laws drove their motorhome from Florida and there was not room in the driveway. They called the City t:o see if they could park it on the street. The City never called back with an answ�er. Unity Hospital allowed them to park in the parking lot of the nursing home. He does not see the difference between these recreational vehicles and cars sitting in the drivewati. Some cars are more of an eyesore. A typical driveway layout is not in the center of the lot, �vhich does not allow room pads beside the house for the motorhomes to sit level. Mr. Rav Revnolds, 7426 Bacon Drive Ti.E., stated that he had a travel trailer that was vandalized while parked off site. They put a pad in and bought a motorhome at much eYpense. There �tias no way to aet it next to the house or put it in the backyard. Mr. Mervin Herrmann, 278 1�lercury Drive N.E., stated that they have a milii-motor home and a trailer. They park the travel trailer at tlze lake most of the time in the summer but in the winter they usually take it south. He said they do park the motor home in the backyard in the winter and asked if the motor home was allowed to be parked there. Councilmember Barnette stated that the� motorhome is allowed on the driveway but the trailer is not. Mr. Hickok stated that the motorhome �vould be allowed in the rear yard on a hard surface. NLr. Herman stated that the trailer is used into November and the October time period would not fit them very well. It was vandalized while in storage. He said thev have been doin� this for �0 years. He does not think that Fridley sh.ould eliminate this. FRIDLEY CITY COUNCIL MEETING OF SEPTEiVIBER 17, 2001 PAGE 10 Mr. Bob Kelsey, 6340 Able Street N.E., stated that in 1962, the ordinance stated it was okay to have a trailer in the drivewav if the neighbors did not have an objection. A couple of years ago he got a letter saying he could not park it in the driveway anymore. It is costing him about $400 per year to store his trailer and it would be nice if the dates were set up from April through September to park the trailer in the driveway as they had been doing for 36 years. He feels it is a discriminating situation when a motorhome can sit out there to the street but not his trailer. Mr. Reynolds stated that there could be a fourth option with the ordinance stating how many wheeled vehicles could be parked in the front drive�vay as opposed to what type. Councilmember Billings stated that the options should be kept open. staffs point of view is that they want to come up �vith an ordinance that does not require a lot of interpretation on the part of staff or property owners and is fair. That is Council's goal. Councilmember Wolfe stated that the staff is not doing anything wrong when they issue tickets. Mr. Larson stated that he has no complaints against City staff. He appreciates this informative meeting. Mr. Herman stated that he hopes that everyone in attendance could receive a letter with everyone's points. Mayor Lund stated that the attendance sheet will be sent around with everyone's names and addresses. Councilmember Barnette stated that a family built a concrete slab off from their driveway for their motorhome and they were given a ticket. Fridley residents camp and fish and snowmobile, but his biQ hanQ-up �vas w�ith the fishing boats that needed to be stored. That did not make sense. This is the best eYample of democracy for people to speak about their beliefs. He has heard tonight of the time limit for recreational equipment to be stored only in the winter and give time for the snowmobilers to store theirs in the summer. This may be the best way to do this. Promoting family activities is important, but he has heard from some people who are opposed because they say they want a nicer looking community. This is a public hearing. Councilmember Bolkcom asked if it is an eyesore if a boat sets alongside a house for years on blocks or if a big RV is in the driveway. Sometimes the driveways are right next to each other or may be short. At what point does it become intrusive? One woman was concerned because she could not see down the street to drive out of her driveway because of an RV parked next to her. She is against these setting along the street due to a public safety issue. She has nothing against fishing boats but when is it rtoo intrusive? We should look at the whole piece here. We are a suburban neighborhood and the majority of the cities around us allow this sort of thing. These vehicles do need to be parked on a hard surface. Ms. Elsie Hanscom, 6000 Stinson Boulevard, stated that she had an RV for many years. She asked if front yard parking were allowed, would side and back yard parking also be allowed. FRIDLEY CITY COUNCIL MEETIltiG OF SEPTE�IBER 17, 2001 PAGE 11 Councilmember Barnette stated that was what thev were here to discuss. Mayor Lund stated that they would take that into consideration. NIs. Hanscom stated that she would still want to park it in the side or back yard. Ms. Linda Nelson, 13�7 64`" Avenue N.E., stated that most of the RVs and trailers that are parked on the properties are nicer looki:n� than four or five vehicles in some driveways that are just sitting there up on blocks with flat ti�:res. RVs and boats cost quite a bit af money and people take pride in them and keep them up. Councilmember Bolkcom stated that the�re are some boats and other vehicles that are an evesore that remain there for a long time. Nfr. Sadowski stated that the nature of the driveway is relevant here. With his short driveway he would not park any of his five vehicles there. The ordinance should address the different kinds of drivewavs. Mr. Kelsey stated that these things are not pretty in their driveway. There just is not another plaee to put these things except for storage. Nfaybe we can �o back to the 1962 ordinanee and ask the nei�hbors if they have a problem �vith it. Councilmember Barnette stated that it used to be only on a complaint basis. 1�Iayor Lund stated that three people have made comments that they are not iri favor of parking in the front yard. One man realized it is iritrusive to Che neighbors and feels the answer is to store off site in a facility. The vast majori�:y are in favor of some chanaes. In many c�ses it is intnisive and the side vards are too smaRl and it is visual pollution. This all boils do�vn to being neiQhborly but a few people make it bad for everyone else. How many objects should we allow for parkin� and what size restriction should we use. Most are open minded to changes but at what point do we decide what is or is n��t obtrusive. The most recent survey in 1999 alluded to the fact that most people were opposed to relaxing the restrictions. That question did say front yard or driveway. The Commission mf�mbers were all polled and the majarity wanted to keep the ordinance the same or more restrictive. He is willing to revise the ordinance to make it more workable and better for staff to enforce. MOTION by Councilmember Barnette ro close the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE NIOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 9:00 P.M. Mr. Hickok stated that staff would like to come back with a revised recommendation in the form of a text amendment and then �vould advertise for a public hearing. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 17, 2001 PAGE 12 Mr. Burns stated that the question of being in favor of allowing non-motorized recreational vehicles in the drivewav �vas included in the citizen survey. 11. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 213 OF THE FRIDLEY CITY CODE ALLOWING BARBED WIRE FENCING IN CERTAIN ZONING DISTRICTS: MOTION by Cc�uncilmember Billings to open the public hearing and waive the reading. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE NIOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 9:05 P.M. Mr. Hickok stated that staff is requesting consideration of a zoning text amendment to allow barbed wire fencing in certain zoning districts. The change would apply to Chapter 213 entitled "Fences." The use of barbed wire fencina has been prohibited since 1961. Contrary to code requirements, public utilities and businesses have been using barbed wire fencing as a means of storing outdoor items. Either the code would need to be modified or non-compliant fences would need to be removed. This should be reviewed for modern relevance. Certain public utilities and businesses have a legitimate safety concern. The use of barbed wire fencing would act as a means of protectin� items stored outside of the zoning districts, which have been approved for outdoor stora�e. The use ���ould protect the public from potential harm at cell towers, waterworks, and Fridley wells. Once the code enforcement begins, all aspects of the code need to be addressed. Public Safety Director Dave Sallman, stated that if the use of barbed �vire was eliminated he would have safety concerns. The safety of cell towers, water reservoirs, water towers, storage areas, and private industry with certain storaae needs would be a concern. Council expressed an interest in modifying this section in an �earlier discussion regarding systematic code enforcement. Staff believes the change to Chapter 213 �vould allow barbed wire fencing in public utilities and zoning districts �vith approved outdoor areas would meet the City's requirements. Mr. Hickok stated that it is not intended to proliferate the use of barbed wire fencing but would allow existing facilities to maintain the barbed wire. An addition to the code would read: "An addition to an eight foot fence, up to three strands of barbed wire, which is not to exceed 18 inches in height, may be used on standard barbed wire arms designed specifically for that purpose. These barbed wire arms may be used to meet P, Public District, M-1,2,3, and 4, Industrial Districts, G 1 and C-3, Commercial Districts, under the following conditions: 1. Barbed wire be necessary� to protect public utilities 2. Barbed wire may be used in the side or rear yard of those industries that have approved outdoor storage areas meeting all the code requirements. Otherwise barbed wire may be used in the side or rear yard of those commercial properties that have approved outdoor sales lots meeting all code requirements. FRIDLEY CITY COUNCIL MEETII�IG OF SEPTEMBER 17, 2001 PAGE 13 Mr. Hickok stated that based on researc;h, staff s recommended approval. A letter from United Defense asks Council to consider additional language that would state that barbed wire is necessary to protect public utilities and defense contraetor facilities and that barbed w7re may be used in the side or rear yard of those industries that have approved outdoor storaQe areas and on all sides of defense contractor facilities meeting all code requirements. The third suggestion is to state that during times of national emergency, defense contractors are authorized additional usa�e of barbed wire to include temporary baniers made from barbed wire and barbed wire on top of temporary fences. They are in strc�ng support of the ordinance. MOTION by Councilmember Bolkcorri to receive the letter. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL Va►TING AYE, MAYOR LUND I)ECLARED THE NIOTION CARRIED UNANI�IOUSLY. Nlayor Lund asked �vho requested the ch.�nge. Mr. Hickok stated that the Planning Commission was concerned about having fences shorter than eight feet in height which would bring ��arbed wire topping the fence dow-n to a level where it could affect people. Mayor Lund asked if existing utilities �vould need to change their fencina because they are usina barbed wire fencing without the eight foot requirement? � y Mr. Hickok stated that it �vould make it non-conforming but at such time that they made moditications to the fence, it would have to meet current standards. 1�%tayor Lund asked if that would apply to when they add on to the facility. Mr. Hickok stated that any non-conforming site cannot be expanded. Mayor Lund asked how many facilities have barbed wire fencing at this time. Mr. Hickok stated that he believes it is o��er a dozen but less than a hundred. Mayor Lund stated that it stated that it would affect G2 and C-3. He asked which ones would be allowable. Mr. Hickok stated that it is definitely the C-2 and C-3. C-1 is low intensity adjacent to neighborhoods. Councilmember Bolkcom asked if the da�zen or so businesses meet the public safety guidelines and fit the way it is written now. Mr. Hickok stated that generally they would. Big Value in the industrial district has been notified because the barbed wire is in the front yard. There is barbed wire around the outdoor FRIDLEY CITY COUNCIL iVIEETING OF SEPTEMBER 17, 2001 PAGE 14 storage of Hilltop Trailer and it is on a standard eight foot fence. This is a good example of where it is permitted. Councilmember Bolkcom stated that surprises her because she thought the comment was that it was not allowed and we were looking at whv it was there. N1r. Hickok stated that they could not explain that and have not had that discussion with Hilltop Trailer about that outdoor storage area. Councilmember Bolkcom asked if they would have to remove it because it is non-conforming. i�1r. Hickok stated that is correct. Mayor Lund asked if this would change it to being in conformance. Mr. Hickok stated that even with the change they would not. Mavor Lund asked why they would not be in conformance. Mr. Hickok stated that it �vas not approved as part of their outdoor storage facility to begin with. Councilmember Bolkcom stated that in no �ti-ay are they advocating electric fences. v1r. Hickok stated that was correct. Mayor Lund asked if staff had problems w�ith the additional language United Defense requested. Mr. Hickok stated they would support that. Councilmember Bo(kcom asked what is considered a national emerQency. Mr. Hickok stated that they do have national emergency language that says it is a presidential announcement of a national emergency and they �vould initiate certain actions with certain facilities. This is one of those certain facilities. Councilmember Billings asked if this would mean that an eight-foot fence would be the minimum height required. He asked what the maximum height of a fence was if there was no barbed wire allowed in a particular zoning district. Mr. Hickok stated that it is a minimum/maximum of eight feet. Councilmember Billings asked if this ordinance would be contradictory to anything else that says that a fence can be eight feet. Mr. Hickok stated that this is an additional provision to the eight feet allowance. FRIDLEY CITY COUNCIL MEETIl'�1G OF SEPTEMBER 17, 2001 PAGE 15 Councilmember Billings stated that the barbed wire arms are those that are fixed at the top of the fence. With this lan�uaae, �ve do not sp�ecifically say that thev need to be on top of the fence and someone may have some barbed wire attachment device that would clip onto a standard pole at any height. Should we eYpressly indicate that it be fixed atop an eight foot fence. United Defense lanQuage could be s�vitched f�om defense contractor to somethina more generic for other tvpes of facilities that could possib(y relocate to Fridley. FMC has barbed wire fencing on all sides of their property. He asked if there were any other businesses with barbed wire fencing in the front yard area. Public Works would be covered by public utilities that can have it all the way around. He asked if Hilltop Trailf.r sales be allowed to have barbed wire in their storage area. i�Ir. Hickok stated that staff would reconsider that storage area with the addition of barbed wire. It may not be an eight-foot fence and he� has heard they have barbed wire surrounding the top of an enclosed area. Councilmember Billings stated that if someone has an approved outdoor storagC area, as long as the barbed �vire is on no more than 18 inches and is three strands and eight feet up, it would be in compliance w�ithout having to go through the special use permit process. Mr. Hickok stated that if it meets those c:riteria it is allowed. Councilmember Billings asked if the circular barbed wire along the top is allow-ed. Mr. Hickok stated that it would noC be allowed. MOTION bv Councilmember Bolkcom 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 9:38 P.M. NEW BUSINESS: 12. FIRST READING OF AN ORDINANCE AMENDING THE FRIDLEY CITY CODE TO REPEAL CHAPTER 113, ENTITLED "SOLID WASTE DISPOSAL AND RECYCLING COLLEC'TION" AND ADOPT A NEW CHAPTER 113: Ms. Jones, Environmental Planner, stat�ed that one week ago during the public hearing on this item, several issues were raised. One concern was in regards to permissible time for construction roll-offs to be on site. The code as written in draft states a construction box would be allowed for a three-month time period in a twelve-month time period. This is referring to one container. If someone was constructing a replacernent roofing job and had a bin in the driveway for one �veek and three months later decided to remodel their kitchen and placed another one for a couple of months, and later replaced a deck with another container, that would be permissible because none of those bins �vere there for more than a three- month period. Staff is trying to address situations where a garbage bin sits for months with no replacement occurring. This addresses FRIDLEY CITY COUNCIL NIEETING OF SEPTEMBER 17, 2001 PAGE 16 concerns about construction on business property because those bins are turning over and being replaced with ne�v bins. 0 Ms. Jones stated that curbside placement of refuse containers would be optional under the new code provisions. Someone may place the container at the curb if that is worked out among the owner and the hauler. The screening of bags of yard waste between collections is a concern for the handicapped. However, staff encoura�es Council not to create additional language, because this puts the City in a situation to determine what is a disability ar not and enforce that. In most cases people can �vork that out ���ith the hauler and neighbors. Staff eYpressed that they would be sensitive to holidays and placing �arbage out at the curb on different days for six weeks per year. i�is. Jones stated that someone mulching leaves with their la�vnmower and leaving it on the la�vn is not composting. Staff has concerns about issues where people are raking leaves near a waterway or on to property not their own. In debatable situations we can address that with public education. Ms. Jones indicated that the container size issue should be an arrangement between the hauler and the customer. The City should not regulate that. The screening of garbage containers seems to be an area of concern but staff did not hear recommended language changes from Council. Council needs to make some policy decisions on this. The one language change that staff did make was something that �vas misworded in Paragraph 6 under the Licensing Requirements. Staff intended to say that a refuse hauler can only replace the refuse container to the private drive area of the property and not on the street for curbside pick-up. Staff had not made any other language changes from the public hearing last week. Councilmember Barnette stated that a family in the 6�00 block of Monroe are neYt to some large containers that are not screened and they are concerned that the trucks would not be able to get in there to empty them if they �vere screened. Ms. Jones asked if the containers were at Hayes School? Councilmember Barnette stated that was correct. Ms. Jones stated that she has seen those and does not envision a problem with them getting collected. Councilmember Barnette stated that Ms. Sporre was concerned last week that she would be made out to be a criminal raking her yard waste onto her property. Can she continue to do that? Ms. Jones stated that she could not do that. Mayor Lund asked her if she was raking it off her property and did not get a clear answer. Councilmember Wolfe stated that it was still on her property. Mayor Lund stated that we need to consider a size restriction on the containers for the haulers. FRIDLEY CITY COUNCIL MEETI�fG OF SEPTEMBER 17, 2001 PAGE 17 Councilmember Bolkcom stated that a oentleman last week stated that there are 90 to 9� gallon eontainers. It is the Couneil's responsibility to be concerned about handieapped people. This would impact those people and she does not �et a lot of phone calls about people complaining about bags. Is it composting if leaves are left on the garden o�•er the winter? We are going to allow people to ptit the containers at the street. She asked if people who could not get their aarbage can to the street would have to pay more. She also asked if rates would go up for individuals who did not want to use the bigger cans. The way the code is written, handicapped people that leave their bags do�vn at the; end of the driveway for a week would be in violation. We cannot count on neiahbors to help them out or if they are gone on vacation for the hauler to pick them up. We are almost becoming rontrol freaks on this stuff. Councilmember Barnette stated that he h.as not received a call in regards to �arbaae cans. Councilmember Bolkcom stated that she heard complaints of aarbage not in a garbage can or appliances setting next to a house for a while. y Councilmember Wolfe stated that he has never had a call on garbage cans but he has had calls that people are upset about the changes. We may have gone too far. Councilmember Billings stated 2hat Cha.pter 113.08 has been discussed. A period should be put after "collectin� construction ��aste for more than three consecutive months." We do not need the "during any twelve-month period" phrase, which is confusing. We could use language similar to Chapter 113.03 to say construction waste must be collected a minimum of every 90 days or �vhatever. We need to w�-ite something that is clear and concise. Chapter 113.10, Composting, states that composting is any above-ground compost piles. If a person digs a pit to do composting, does this section apply'? Ms. Jones stated that there may be another section of code that would prohibit that. Councilmember Billings stated that if there is, we need something clear and concise. In Chapter 113.09, we do not define co-composting. Ms. Jones stated that was copied from the State Statutes and she will check on that. Councilmember Billings stated that Sec�ion 113.06 was clarified with returning the containers to the driveways. That whole section could be more clear. In 113.03, trash must be collected once per week but does this mean that the same collector has to collect from all property in the City? The sentence structure may cause confizsion. In 113.07, Container Screening, there are several areas throughout the ordinance we refer to "view from the public right-of-way" and need to look at whether we need to pop in the lang;uage "public park or residential area." Section 113.06 could say that we could get by with a ane week time period due to the elderly who cannot haul the yard bags from the back to the cur�b. Section 1 li.0� refers to establishments that generate more than 1 cubic yard of waste per w�ek. Chapter 113.04 refers to dwelling units up to four. He indicated that he does not fall into any of these and could have any kind of solid waste FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 17, 2001 PAGE 18 container he wanted to under code. Commercial solid waste containers do not have a tight fitting lid and that is not possible with the dumpsters. Mr. Burns, City Manager, asked if we could preclude haulers for charging more for collection at the garage as opposed to the curb. Mr. Knaak, City Attorney, stated that the City has the authority to allow certain restrictions. Councilmember Bolkcom stated that if we change the code affecting a group of people that are borderline with income or handicapped is her issue. The haulers can now get by with one person and we might have to pay more. Mr. Burns asked if she was more interested in asking the haulers that question rather than see us change the ordinance to allow for that provision. Ms. Jones stated that she polled the haulers about that and they currently do offer cart service in other communities. They stated that it is an option but most stated they do not charge more but some stated it depends on the circumstances. Haulers do charge mare for service at the door. Councilmember Bolkcom stated that is hard to believe. If we go to all the cans at the street, it may be cheaper for all of us. Ms. Jones stated that this is a very competitive industry. Councilmember Bolkcom stated that we would put a different burden on people who cannot put it at the street . She asked if every garbage can at every public park need to be screened from view. Ms. Jones stated that the code states that all properties must be screened. Councilmember Bolkcom stated that individual garbage cans at parks are not screened. Ms. Jones stated that we are talking about containers, not individual cans. We need to look at the purpose. It would not be practical to screen cans at a park so people could see them to deter littering. Councilmember Bolkcom stated that there are probably more overflowing garbage cans in parks than there are at homes. We are becoming too micromanaging. Mr. Hickok, Community Development Director, stated that there were 110 outdoar storage violations or complaints in 1998 in the area north of 79th west East River Road. Councilmember Bolkcom stated that this would have a huge impact on people in the community. Council decided not to take on cans being screened from view and once we go through this code how are we going to enforce it? Systematic code will impact many people. FRIDLEY CITY COUNCIL MEETI]vG OF SEPTEMBER 17, 2001 PAGE 19 Mr. Hickok stated that Council needs �ro tell Staff what the word and enforcement mechanism should be in the future. It is important that if this is an ordinance the words should be on paper anc� the City is adopting it and needs to enforce it. Councilmember Bolkcom stated that this started out as garbage can size wanting to be changed and now we are talking about a lot of other thinas that are of huge impact. N1r. Hickok stated that container size w,�s the tip of the iceberg for a section of the code that was outdated. It was contrary to state law and did not have cunent language. There are three steps that staff is proposin� for this process. One step is to repeal the existing code and adopt a new Chapter 1 U with the changes proposed. Council will also need to adopt the resolution settina the recycling fees. There are five parts to Chapter 1 U. One part is the detinition section related to solid waste. The neYt sections are related to composting, recycling requirements and licensing requirements. The main changes to th� code involve the detinition sections changed to match State Statutes and added definitions staff felt �vere missing. Councilmember Bolkcom stated that she believes that we should look at the whole thing. It seems that they have gone a little overboard. Councilmember Billinbs stated that there needs to be a sense of uniformity. Mr. Garv Marten, 5141 Sixth Street, stated thaC it seems that he does not see trash cans at the curbs. His hauler comes up the driveway from behind the screened area and he does not have to look at garbage cans for hours once a week. Friends in Coon Rapids have to haul that large cart oLit and everyone looks at them for a fi.�ll day. If there are haulers on different days we would look at trash cans every day of the wee�c. We are headed in the direction of saying we will have trash cans out at the end of our drive�vays for an extended period of time. He would rather look at an RV. The haulers may say that they are not willing to come up to his yard to take his trash. We really only have multiple baQs of trash in the spring or the fall and almost all of us rake our yards within the same two week period. We are kind of overreacting. He is opposed to trash cans at the end of the driveway and is for putting the bags out at the end. Many people in this community have limited demand or nee�d for trash haulers if they are single. He appreciates the job all of the City does. Mayor Lund stated that he has struggled �vith the bags and raking and there could be some exception there. Maybe there can be a time frame that allows for leaf pick-up. Councilmember Billings stated that if they start doing that there are many situations where the dates are not possible for everyone like if the leaves on your trees fall early. Mr. Hickok stated that the first step cauld be to take out how long the leaf bags could be out. The suggestion of a week when each person's window would take away the enforcement ability. Mayar Lund stated that we could table this to another time to review all these issues. FRIDLEY CITY COUNCIL NIEETING OF SEPTEMBER 17, 2001 PAGE 20 Councilmember Billings stated that Chapter 13.06, has two sentences with the first stating that they can be out there until the next availab(e collection, but not more than five months. They cannot even be in the backyard screened for more than five months. The 28-hour period is also in question and maybe that could be restructured. We need to have something to state that people do not have bags in their yard until Apri( 1. We are not writing our ordinances for good rational neighbors, only the eYCeptions. There are haulers directed at picking up containers at the curb and haulers who drive into the driveway to pick it up at the door and he has miYed emotions on that. He is not sure if we should delve into the relationship there with the hauler in terms of pricin�. 1�lavor Lund stated that trash may be down at the driveway every day of the week and is for removal of restriction of the size of container. One thought is to have one hauler that picks up on the same day of every week like Columbia Heights. Councilmember Wolfe stated that there are three different haulers on his street, yet the garbage cans all go on the same day. Councilmember Barnette stated that there is an advantage to having multiple haulers as far as the rates are concerned. MOTION by Councilmember Barnette to table this item to a date of staff's choice. Seconded by Councilmember Wolfe. Councilmember Bolkcom stated that there was some consensus that the leaf bags not being screened was not an issue. That could probably be rewritten so that bags of leaves in gardens would be all right. Ms. Jones asked if Councilmember Bolkcom wanted to know what the haulers' reaction w•ould be if they were allowed to do curbside pick-up. Would they switch to that service or offer both? Councilmember Bolkcom stated that was correct. She wanted to know how this would impact an occupant who was not physically able to bring the garbage can to the street. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 13. INFORMAL STATUS REPORTS: Councilmember Bolkcom stated that she was impressed by the flags flying and patriotic siQns and it shows that people are coming together. y Councilmember Billings stated that last week a resident that was at the meeting, and he wanted to know the status of the property on Hugo and East River Road that is County-owned. Mr. Burns stated that Jon Olson at the County has pledged to do something. They will either turn it over to ACAP as a rental unit and they would maintain it, or they would take it down. FRIDLEY CITY COUNCIL MEETLNG OF SEPTEMBER 17, 2001 PAGE 21 1Vlayor Lund stated that we received a letter of support from our sister city in Fourmies, France. Our problems are very small in comparison to what happened on September 11. ADJOURI�1: MOTION by Councilmember Barnette to adjourn the meeting. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL ViDTING AYE, MAYOR LUND DECLARED THE SEPTEMBER 17, 2001, CITY COU1�fCIL MEETING ADJOURNED AT 10:50 P.M. Respectfully submitted, Signe L. Johnson Scott Lund Recording Secretary Mayor CITY OF FRIDLEY PLANNING COMMISSION MEETING, SEPTEMBER 19, 2001 CALL TO ORDER: Chairperson Savage cailed the September 19, 2001, Planning Commission meeting to order at 7:30 p.m. ROLL CALL: Members Present: Barbara Johns, D�rve Kondrick, Larry Kuechle, Leroy Oquist, Dean Saba Members Absent: Connie Modig Others Present: Paul Bolin, Plannir�g Coordinator Dale Anderson, 6175 Heather Place APPROVE THE SEPTEMBER 5. 2001 F'LANNING COMMISSION MEETING MINUTES: MOTION by Mr. Kondrick to approve the September 5, 2001, Planning Commission meeting minutes as presented. Seconded by Mr. Oquist. UPON A VOICE VOTE, ALL VOTING A'YE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING: Consideration of a Preliminary Plat, PS #01-04, by Dale Anderson to divide the property between two lots, generaily locate�d at 1400 Kerry Circie and 6175 Heather Place. MOTION by Ms. Johns, seconded by Mr. Saba, to open the pubiic hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC FiEARING WAS OPENED AT 7:32 P.M. Mr. Bolin stated that the petitioners, Dale Anderson and Paul Hilborn (1400 Kerry Circle), are seeking to formaily recognize what was erroneous�y perceived to be the lot line between the properties. Both property owners moved into their homes in 1999 and were both under the assumption that the fence separating thelir rear yards was the actual property line. Mr. Anderson made a retaining wall on what �Nas actuaily Mr. Hilborn's property. To resolve this, the Hilborns agreed to sell a portion of their property and replat Mr. Anderson's property to correct that encroachment. City Code requires that lots in the R-1 District have a minimum of 75 feet in width and a minimum lot area o�f 9,000 square feet. Both lots far exceed both requirements when completed and both will meet the City's setback requirements. Mr. Bolin stated that the petitioners have agreed on a new property line and through this plat process the City is gaining utility and drainage easement that should have been included when the properties were originally platted in the 1980s. Staff recommends approval with one stipulation that the petitioner shall providE all easements as shown on the preliminary plat drawing. Ms. Savage asked if he has had any calls about this. � PLANNING COMMISSION MEETING, SEPTEMBER 19, 2001 PAGE 2 Mr. Bolin stated that he has had three calls from curious neighbors for information on the situation. Not one had any objections. Mr. Dale Anderson, 6175 Heather Place, stated that there was a property marker in 1990 at both ends of the fence so it was a natural assumption that was the lot line. About two months ago, a neighbor to the south was doing an extension and had a surveyor come out to make sure where the lots lines were. The neighbor showed Mr. Hilborn and him where the property line was at that time. He had been doing a lot of work on a perennial garden and retaining wall near the assumed property line. They came up with a fair dollar figure, and he agreed to it. Now they are trying to find out what steps to take next. The next step is to put some mylars in the lot line. They have checked with the mortgage and title company for advice and there is no issue there. Ms. Savage asked if Mr. Anderson has any problem with the stipulation. Mr. Anderson stated that he did not. MOTION by Mr. Kondrick, seconded by Mr. Saba, to close the public hearing. UPON A VOICE VOTE, ALL VOTiNG AYE, CHAIRPERSON SAVAGE DECLARED THE MOTlON CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 7:40 P.M. Mr. Kondrick stated that he had no problems with this request, and he is happy the neighbors could get together and work it out. Ms. Johns stated that it is a win/win situation. MOTION by Mr. Saba, seconded by Mr. Kondrick, to recommend approval of PS #01-04 with one stipulation: 1. The petitioner shall provide all easements as shown on the preliminary plat drawing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Savage stated that this will go to City Council on October 8. 2. RECEIVE THE MINUTES OF THE AUGUST 22, 2001, APP_EALS COMMISSION MEETING: MOTION by Mr. Saba, seconded by Mr. Kuechle, to receive the August 22, 2001, Appeals Commission minutes. UPON A VOICE VOTE, AL� VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 2 PI.ANNING COMMISSION MEETING. SEP�EMBER 19. 2001 PAGE 3 3. RECEIVE THE MINUTES OF THE AUGUST 2. 2001, HOUSING AND REDEVELOPMENT AUTHORIT`�' MEETING: MOTION by Mr. Kuechle, seconded by ��ir. Kondrick, to receive the August 2, 2001, Housing & Redevelopment Authority minutes. UPON A VOIC:E VOTE, ALL VOTING A,YE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. ADJOURNMENT: MOTION by Mr. Kondrick, seconded by Mr. Kuechle, to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING A.YE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE SEPTEMBER 19, 2001, PLANNING COMMISSION WAS ADJOURNED AT 7:45 P.M. Respectfully submitted, �f ` z.. :�' �,�-�C �-��Yti- ig ' L. Johns" ,� Recording Secretary 3 � AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 8, 2001 crrr oF FRIDLEY Date: 9127/01 ��, ��r To: William Bums, City Manager ,,���� From: Scott Hickok, Community Development Director Paul Bolin, Pianning Coordinator Stacy Bulthuis, Planner RE: Pianning Commission action on PS #01-04 M-01-151 INTRODUCTION Paul Hilborn and Dale Andersen are seeking to re-plat their properties in order to formally recognize, what they had perceived to be the lot line between their properties. The petitioners' lots had originally been platted in 1977 and 1982. PLANNING COMMISSION ACTION At the September 19, 2001, Planning Commission meeting, a public hearing was held for PS #01-04. Following a brief discussion, a motion was made to approve the preliminary plat. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMENDATION City Staff recommends that the City Council concur with the Planning Commission and grant approval of the preliminary plat, with the stipulation presented. 1. Petitioner shall provide all easements as shown on preliminary plat drawing. � City of Fridley Land Use Application PS-01-04 September 19, 2001 GErERAL INF02�IATIOV SPECL-�L L�FOR�L=�TIO� Applicant: Dale Andersen Paul Hilbom 6175 Heather Place NE 1400 Kerry Circle; Fridley, �tN >j432 Fndley, ;�t�i 5�43? Kequested Action: Replat of propertv to formally recogru?e perceived lot line. E.Yis-ting Zonin�: R-1, One Family Residential Location: 61?� Heather Place & 1400 Kerry Circle. Size: 31,460 square feet .72 acres Existing Land Use: 2 homes e�cist on site Surrounding Land Use & Zoning: N: Single familV home, R-1 E: Single family home, R-1 S: Single family home, R-1 W: Singie family home, R-1 Comprehensive Plan Conformance: Use of property is consistent with Plari. Zoning Ordinance Conforniance: Both proposed lots exceed the City's minimum lot size standard. Zoning History: • 1974 — Heather Hilis 2°d Addition is platte�d. • 197� — Home built at 1400 Kerry Circle. • 1982 — Heather Hills West is platted. • 1982 — Home built at 6175 Heather Place. Leaal Description of Property: Existing: Lot 5, Block 1, Heather Hills 2°`' Addition & Lot 9 Block 1, Heather Hills West. Proposed: Lot 1& Lot 2 of Sonja's Heather Hills. Council / 60 Day Action: October 8, 2001 / October 15, 2001 Public Utilities: Existing homes are connected. � Transportation: Homes will be accessed from Heather Place & Kerry Circle, Physical Characteristics: T`ypical sublu-ban residential landscape. SU�II�I�R�" OF REQUEST Petitioners are seekin� to formallv reco�ize, what was erroneously perceived to be the lot line beriveen their properties. SUVL��I�RY OF ANALYSIS City Staff recornmends approval of this plat request, tivith stipirlations. • Proposed lots exceed the size standards required by the Ciry of Fridley ZoninQ Code. a _� . �'�='�i , _ `ti .': �r,. ;..-. ;, � .. - � � ' �= �� �- � � �� % t� � fr �� . � � ���;s . , _ ._.____..__ , .....;4 � a . .- � . � � `�+ �� � x� � ,�=� ;k� �%� `:� � � <�_ �..._. _ . . �. ,w_ _;� Pi�t Staff Report Prepared by: Paul Bolin PS 01-04 ANALYSIS Petitioners are seeking to formally recognize what was erroneously perceived to be the lot line between their properties. Both petitioners moved into their homes in 1999 and were under the assumption that the chain link fence separating their properties was the property line. The new plat, Sonja's Heather Hills, simply gives the petitioners an opportunity to correct the accidental encroachment of a retaining wali and piantings across the property lines. The petitioner's homes will continue to meet all setback requirements if the piat request is approved. RECOMMENDATIONS City Staff recommends approval of this preliminary plat request, with stipulations. Proposed lots exceed the size standards required by the City of Fridiey Zoning Code. Fridley requires that lots in an R-1 district be a minimum of 75' in width with a minimum total lot area of 9,000 square feet. The proposed lots range in width from 85' to 90' and in area from 18,000 square feet to 13,460 square feet. STIPULATIONS Staff recommends that the following stipulations be attached to the preliminary plat approval. 1. Petitioner shall provide all easements as shown on preliminary plat drawing. �.�� %�� � _ . - - � � � � a Z.'� � . '__ ' � , ..� � �: , , ��� . � �:- t� . . , � ' y..—__.— _._._.— _ . e '::�,� :;i - �� dw''F'h! , . .. _ _ , . . . .. I..,.1. t . ,� } � . - _' " - __ _.' _ -- . - �,, � L . . � _ ..__. . _ _ . . _ . � � . ��, _ - ' _ - , �'r"^ --,. '- — - - " _ �,oT i Lo�r 2 4 7 � _ , . . _- _ - � � ,��� � . - ,�_ -- ., � .__= -� �,,� ;� , � � � � - �.� � : . � - _ � - ���'�� ,; �� - _ =/ji ` ��� ' _ . % - � _ :� ;: , . . _ . - . .�. . : . .' . ' J- l4 - / — ; ,: . ' " . _ _ f ..- - - ._.. �. t 3`� � 0 . ' �� _ , �__ _ ,— ' � � . ,-. . _ . , > �' ,�r ..____..... _.--..�— .._..:.._. � - �'' � � - �� (. .. _ . . ` "4�''`� � � � , �� � ` ' . . `Y�,� � .: µ �„�;'�..,,c� C"�. 'i, "�� t . L� � y .` x :�� . ... � �. i���'�°�:7'"»'! . , n.�w .._� . ...� » . , , r � � ,.��� � . ■ r ` qTY OF FRIDLEY AGENDA ITEM CITY COUNCIL� MEETING OF OCTOBER 8, 2001 TO: FRO:�I: DATE: SUBJECT: �y � � William W. Burns, City Manager ,�� David H. Sallman, Director of Public Safety September 24, 2001 Local Law Enforcement Block Grant The City of Fridley has been selected to receive funds in the amount of $20,313.00 in connection with the Local Law Enforcement Block Grant Program. This grant has a city match requirement of $2,2�7.00 alont with the belo�� listed conditions. On Thursday, October 4, 2001, an advisory board consisting of the recommended agencies met to discuss the use of� funds. The group supported the recommendation made by the Police Department to apply the fiinds towards the salary of a Youth Worker who will work with Fridley High Sch��ol, assisting the School Resource Officer as a resource for at risk vouth and families. 2. The public hearing notice has bee�n submitted for inclusion in the October 4 and 11 issues of the Foct�s �vith the public hearing date scheduled for October 22, 2001. We do not anticipate a large response to this proposal. Given the limited amount of funds available through this block grant and other grant funding sources, as well as the completion of� two research grants, we felt this was currently the best use of these funds. Staff recommends scheduling the pub�lic hearing for October 22, 2001. 7 City of Fridley PUBLIC HEARING BEFOR� THE CITY COUNCIL (Legal Publication) Notice is hereby given that there will be a public hearing of the Fridley City Council at the Fridley Municipal Center, 6431 University Avenue N. E. on Mondav, October 22, 2001, at 7:30 p.m. for the purpose of: Consicleration of Proposed expendituYes of the 2001 Local Law Enforcement Block Grant. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. Any questions related to this item may be referred to Myra L Harris, Special Projects Coordinator 763-572-3638. Hearin¢ impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-�72-3�00 no later than October 1�, 2001. The TDD number is 763-�72- 3534. /si Scott J. Lund, Mayor Published in the Fridley Focus (October 4 and ll, 2001) : / � Cf1Y OF FRIDLEY Name Cynthia Bobick AGENDA 1TEM CITY COUN�IL MEETING OF OCTOBER 8, 2001 Position Lead Liquor Store Cierk Non- exempt Appointment Starting Sal� $11.27 per hour 0 Starting Date Oct. 9, 2001 Re Ip aces Carolyn Dreyer (retirement) � L AGENDA ITEM F a°� COUNCIL MEETING OF OCTOBER 8, 2001 CLAIMS � O� 668 - 1 O� 960 10 � � cmr aF FRIDLEY Type of License: REFUSE HAULER Vasko Rubbish Removal, Inc 309 Como Avenue St. Paul, N1N �� 103 AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 8, 2001 LICENSES �► Approved By: Gary Vasko Public Safety Fire Inspector Community Development Veit Disposal Systems Donald. Rachel 14000 Veit Place Rogers, MN ��374-9�83 MANAGERIAL LIQUOR DISPENSING Devin Christianson Devin �: hristianson Main Event 7825 Ne�vton Avenue Brooklyn Park, ivf�1 55445 11 Public Safety Fire Inspector Community Development Public Safety Fee: $b0 $7� $10 � %� jy.0 � ��.�i , 3 E ; City of Fridle AGENDAITEM City Council Meeting Of Monday, October 08, 2001 Gas Services Fire Works Fireplace Instaliation Inc 253 Horizon Ave Sartell MN 56377- Swenson Heating 8� Air Cond 6700 West Broadway Brookiyn Park MN 55428- General Contractor-Commercial Kozer Kompanies 860 86 Ave NW Coon Rapids MN 55433- Lee Tong Contractor 3314 Girard Ave N Minneapolis MN 55412- Tower Systems Inc 17226 447 Ave Watertown SD 57201-1474 General Contractor-Residential D L Builders (20096711) 2818 Taylor St NE Minneapolis MN 55418- Erickson's EZ Nome Care (20204254) 12580 Lake Blvd Lindstrom MN 55045- Grayhawk Builders (20174611) 3020 Centerville Rd Little Canada MN 55117- � Harian Hall Dougias Swenson Jack Kozer Pachong Yang Kari Carison Dan Lemmenes Tony Erickson Todd Shely � Z Approved B� 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 �: Moon Roofing 3709 Welcome Ave N �� � Crystal MN 55422- i'. Professional Garage Services PO Box 163 Champlin MN 55316- Sylvester Buiiders Inc (20029187) 27875 Hwy 65 NE Isanti MN 55040- Viking Home Improvements (4772) 3215 Old Hwy 8 Minneapolis MN 55418- Wilkinson Construction Co (1211) 13055 Riverdale Dr #500 Coon Rapids MN 55448- Wold S W Construction Inc (1966) 901 W Hwy 10 STE 107 Anoka MN 55303- Heatina Swenson Heating & Air Cond 6700 West Broadway Brooklyn Park MN 55428- Plumbina DLO Excavating � Poured Walls Inc 12151 120 St S Hastings MN 55033- First Rate Excavate Inc (2081) 9285 Preserve Trl Woodbury MN 55125- � Thomas Mooney Jo:seph Pinto Tim Sylvester Margaret Merrell Th�omas Wilkinson Scott Wold Douglas Swenson Jei�nifer Oreskovich Ctirles Goeden 13 Aaproved Bv: State of MN State of MN State of MN State of MN State of MN State of MN Ron Julkowski Building Official State of MN State of MN Marty's Plumbing 8 Heating 7185 Ru� �ake Rd Mayer MN 55360- Mattco Excavating Inc 8164 Arthur St NE Spring Lake Park MN 55432- Plymouth Piumbing Inc 6909 Winnetka Ave N Brook►yn Park MN 55428 Thoen Plumbing Services inc 10550 Co Rd 81 STE 102 Mapie Grove MN 55369- � Marty Ziermann Tom Dreshar Kent Johnston Tim Iverson 14 Anproved B,y: State of MN State of MN State of MN State of MN . � � ` ClTY OF fRIDLEY Dave Perkins Contracting, Inc. 1�230 Basalt Street N.W. Ramsey, MN ��303 AGENDA ITEM CITY COUNCIL MEETING OF 2001 Street Improvement Project No. ST. 2001 — 1 Estimate No. 6 ............................ �CTOBER 8, 2001 ,ESTIMATE 15 $174,00722 / AGENDA ITEM � CITY COUNCIL NTEETING OF OCTOBER 8, 2001 cxrr oF FRIDLEY Date: 10;�08; O l �s � To: William Burns, Ciry Nlana�er ,��' From: Scott Hickok, Community Development Director Paul Bolin, Plannin� Coordinator Stephanie Hanson, Planner RE: First Reading for ZTt�. #O 1-07 M-01-140 IvTRODliCTIOv City Staff is requesting a text amendment to the City Zoning code that will allow barbed wire fencinQ in certain zonin� districts. This chanae �vill apply to Chapter 213, Prohibition. PLANNI�IG CO�IVIISSION ACTION At the September 5, 2001, Plannin� Commission meeting, a public hearing was held for ZTA #01-07. After reviewin� 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 Commission had some questions regarding the required fence height and the allowable number of strands of barbed wire to be used. The Plannin� Commission would like the required fence height to be 8 feet for safety reasons. City Staff supports the Planning Commission on this request. Planning Commission asked how the 3 strands of barbed wire had been derived. Through investigation conducted by City Staff of various sites, 3 strands of barbed wire are standard throughout the City of Fridley. LL•� CITY COUNCIL ACTION On September 17, 2001, Ciry Counc�il meeting, a public hearing was held for ZTA #01- 07. After reviewing the staff report and hearing from City Staff, the City Council had some questions re�arding barbed wire fencin�. First, it was asked if an eight-foot fence would be the minimum height required. Eight feet is the minimum/masimum hei�l�t th3t the fence needs to be with barbed wire. Second, it was asked if the ordinance would be contradictory to other City Codes. Staff zvaluated and deternlined that there is no contradiction to other lanb age in the Fridley City Code. Lastly, there were concerns that the proposed �vording was too specific and mainly focused on United Defense. City Staff has broadened the langua�e of the proposed text. This chan�e �vill allow other facilities that could possibly relocate to Fridley to be included in the language. PLANrI�rG STAFF RECO�I�ZEVDATION The Ciry Council held a public hearing on this item at their September 17`h meeting. City Staff recommends the first reading of ZTA #01-07 be held. 17 ORDINAVCE NO. AN ORDI�IA�ICE A�IENDIVG CHAPTER 213 OF THE FRIDLEY CITY CODE PERTAINIrG TO ALLOWING BARBED WIRE FENCIVG IN CERTAII�1 ZOMNG DISTRICTS. The City Council of the City of Fridley hereby finds, after review, examination and recommendation of statf, that Chapter 213.0�. Fences, of the Fridley City Code be amended to allo�v barbed wire fencing in certain zoninJ districts and hereby ordains the following: That chapter 213 is hereby amended as follows: Chapter 213. FENCES 213.03. PROHIBITION It shall be unlawful for any person to construct and maintain or allow to be constructed or maintained upon any property located within the limits of the City of Fridley €e�e�-e� any fence of inetal construction or othenvise, which is charged or connected with an electrical current in such a manner as to transmit said current to persons, animals or things which might come in contact with same. In addition to an eieht (8) foot fence, up to three (3) strands of barbed wire, which is not to exceed eiahteen (18) inches in heiQht, may be used on standard barbed wire arms, designed specificallv for that purpose. These barbed wire arms may be used in the P, M-1, M-2 M-3 M-4, C-2, and C-3 districts, under the followina conditions: l. Barbed wire is necessarv to protect public utilities and defense contractor facilities. 2. Barbed wire mav be used in the side and rear vard of those industries that have approved outdoor stora�e areas and on all sides of defense contractor facilities, meetin� all code requirements. 3. Barbed wire may be used in the side and rear vard of those commercial properties that have approved outdoor sales lots, meetinQ all code reQUirements. 4. �Vith Citv approval, durina times of national emer�encv, industries mav be authorized additional usaae of barbed wire to include temporarv bamers made of barbed wire and barbed wire used to top temporary securitv fences. :� PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 2041. ATTEST: DEBRA �. SKOGEN — CITY CLERK Public Hearin�: September 17, 2001 First Reading: October 8, 2001 Second Readina: Publication: � SCOTT J. LUND — MAYOR � AGENDA ITEM � CITY COUNCIL MEETING OF OCTOBER 8, 2001 qTY OF FRIDLEY DATE: October 4, 2001 TO: William W. Bums, City ManaQer �� � FROM: Scott J. Hickok, Community Development Director SUBJECT: Comprehensice Plan — Final Resolution On December 13, 1999, the City Council approved a resolution authorizin, staff to submit the Ciry's amendments to the Comprehensive Plan. The Nletropolitan Couneil reviewed the draft, suggested minor modification, and then unanimously approved the Final Draft Document on June 7, 200L The news is great in spite of the fact that the approval �vas accompanied by seven recommendations. These recommendations have been attached for Council's review. An executive summary of the Comprehensive Plan has also been included in the Council readina tile. That executive surmnary is scheduled to appear as a feature in the City's October Newsletter. MET COUNCIL RECO�L��IEVDaTIONS: Place Comprehensive Plan into effect with no plan moditications. This is a standard Metropolitan Council recommendation that accompanies their approval of a City's Comprehensive Plan. Remove references to Northto�vn LRT from plan. This recommendation (note) is to the Metropolitan Council and identifies that, unlike our last plan, this plan does not emphasize the Northtown LRT route. Of course, we do have some discussion of Commuter Rail in the current Transportation Chapter. Upon approval of City's Comprehensi��e Plan and prior to the construction of any extensions or additions to its disposal system, the City must submit a Comprehensive Sewer Plan (Tier II Plan) to the Council for final approval. The comprehensive sewer plan shall be consistent with the City's approved comprehensive plan and reflect any modifications recommended by the Council. The Tier II Plan has been prepared alon� with the Sanitary Sewer Chapter of the Comprehensive Plan. They are really one and the same. Once the City Council approves the Comprehensive Plan, staff will bring back the Sanitary Sewer Chapter and ask the City Council to approve that chapter (separately) a second time. On its second time through the Council review and approval, 20 Comp Plan Final Resolution Page 2 October 4, 2001 the Sewer Chapter will be identitled as our Tier II Plan and a separate resolution of that approval will be required in accordance with State La�v. As for the impact on projects like the s�initary sewer project for the Variehak and Nedegaard Plats, I�1et Council staff has indicated ttiat �ce are okay. Those projects can happen without a Tier II Plan in plaee. The sewer expansion i:or Phase II of the Medtronic Campus, how�ever, will need a Tier II Plan in place pnor to commenrement of that project. The City Council can expeet a Tier II Plan approval resolution on one of its next agendas. Provide an annual update of their progress with its Inflow and Infiltration (UI) goals. It will not be an issue for us to prepare a report. According to Jon Haukaas, Public Works Director, the information exists and is r�equired to be submitted any�vay. The ?�Iet Council staff recommendation simply echoes that requirement. That the �Ietropolitan Council recommend to the Department of Natural Resources (DNR) that the �iississippi River Corridor F'lan is consistent �vith regional objecti�es and state Cratical �rea Standards as defined bv Esecutive Order 79-19. As the stipulation identifies, this is a I�letropolitan Council responsibiliry that rypically follows the approval of a Ciry's Comprehensive Plan. That the �Ietropolitan Council recommend plan conformance to the National Park Service with the vlississippi �'ational River and Recreation Area Comprehensiti�e �lanagement P(an. This item is a standard ivtetropolitan Council Responsibiliry once a plan is approved. That the City be supported in its effo�rts to rehabilitate housing, and pursue redevelopment opportunities related to the �Iedtronic headquarters and �orthstar Corridor. This is Standard Nletropolitan Councit language that accompanies a City's approWal, plus Northstar Corridor language. CITY STAFF RECONIVIEND�TION Staff recommends a three-tiered appro`�al. First, approval of the Comprehensive P1an and its supporting resolution as presented. Second, staff recorrunends that the Ciry continue its commitment to recognize the Comprehensive Plan as its tool to �uide fiiture decision-making. Third, staff recommends that the Gom��rehensive Plan be revisited regularly and that changes to the lanb age be made, as needed, to reflect the most cunent policies of the City. M-01-1�3 21 RESOLUTION NO. 102-1999 RESOLUTION APPROVING THE CO�IPREHENSIVE PLAN FOR THE CITY OF FRIDLEY ArD AUTHORIZING STAFF TO DISTRIB[1TE TO THE VIETROPOLITA�' COUNCIL WHEREAS, the 1976 Metropolitan Land Planning Act (IvIPLAj requires communities within the Twin Cities Metropolitan Area to develop and update once every 10 years a 1oca1 comprehensive plan that includes elements as described in Chapter �t73 Section 859 of the Ivlinnesota Statutes including land use, public facilities and implementation strategies, and WHEREAS, Chapter 473 Section 17S of the Minnesota Statutes �ives the vletropolitan Council the authority to review local comprehensive plans to determine their compatibility with each other and conformity with metropolitan system plans, and WHEREAS, Chapter 473 Section 864 Subdivision 2 of the Minnesota Statutes amended the MLPA in 199� to require decennial reviews of local comprehensive plans to be completed by December 31,1998, and WHEREAS, the City of Fridley received an extension to this deadline pursuant to Chapter 473 Section 864 Subdivision 2 of the Minnesota Statutes in order to complete its comprehensive plan by December 31, 1999, and WHEREAS, the City of Fridley conducted "Plannin� Area�' revie�v meetin�s in 1997 to initiate the Comprehensive Plan process, and � WHEREAS, the City held two "Vision meetings" in May and June of 1998, and WHEREAS, the Ciry held several meetin�s between June 1998 and December 1999 in front of the Plannin� Commission for the purpose of drafring the updated comprehensive plan. and WHEREAS, the Planning Commission and City Council meetings are open to the public and televised on the Ciry's local cable network, and WHEREAS, the City held an informational meetin� on November 18, 1999 re�ardina the updating of the plan, and � y WHEREAS, the Planning Commission held an official public hearin� on December 15, 1999 pursuant to Chapter 462 Section 355 Subdivision 2 of the Minnesota Statutes to allow formal public comment on the Preface, Vision, Plan, Overview, Land Use, Housing, Parks and Open Space and Transportation portions of the draft comprehensive plan, and WHEREAS, pursuant to Chapter 473 Section 858 Subdivision 2 the Ciry submitted the Vision, Plan Overview, Land Use and Housing portions of its draft comprehensive plan to adjacent local units of government for review and comment on October 29, 1999, and WHEREAS, the Planning Commission of the City of Fridley after carefiil study and after its public hearina has recommended to this Council a comprehensive plan amendment for the Ciry of Fridley, and WHEREAS, the Metropolitan Council required modifications to the plan that have been reviewed by City Staff and made as requested, and NOW, THEREFORE, BE IT RESOLVED, by the Ciry Council of the Ciry of Fridley that the document as prepared by the Planning Commission pursuant to Chapter 462 Section 3�� Subdivision 1 of the Minnesota 22 Statutes entitled "The Comprehensive Plan" dat�;d March 2041 is hereby approved by the City Council of the City of Fridley. BE IT FURTHER RESOLVED, that upon �ipproval by the City Council. City Staff is authorized to make and distribute copies as necessary to suppiy the County, surrounding cities, and libraries with copies as required by law. PASSED AND ADOPTED BY THE CITY Ct�UNCIL OF THE CITY OF FRIDLEY THIS ___ DAY OF , 2001. ATTEST: DEBRA A. SKOGEN - CITY CLERK 23 SCOTT J. LUND - MAYOR � AGENDA ITEM CITY COUNCIL MEETING OF OCT. 8, 2001 CffY OF FRIdLEY Date: October 2, 2001 To: William Bums, Cit� Nlanager ���i� From: Scott Hickok, Community Development Director Paul Bolin, PlanninQ Coordinator Julie Jones, Environmental Planner Subject: Deconstruction Resolution Background About a year a�o, the Fridley Environmental Quality and Energy Commission (EQEC) began discussin� the issue of deconstruction. Deconstruction is the dismantlin� of a building for the purpose of salva�ing building materials for reuse. City and FiRA redevelopment projects often involve the demolition of buildings, which involves little saivage of matenals, and the EQEC was concerned about the envuonmental impact of this activity. In order to obtain more information about the possibilities of deconstruction, tt�e EQEC had discussions with representatives of the Green Institute and their subsidiary, Deconstruction Services. They also worked �vith the HRP, staff to conduct a test demonstration deconstruction project on a sinele family home slated for demolition by the F-IRA. The informarion gained from this test project showed that valuable materials can be obtained from properties of minimal value, however, deconstruction adds time, added costs, and safety concerns to a redevelopment project. Despite the difficulties, it was concluded that deconstruction would be feasible in some projects and that the City should consider it as an option in redevelopment projects. The Commission fiuther wants the City to educate the pubiic about building material salvage and deconstruction options available to them. This can be easily done since the County has already created brochures covering this information that are available to the City at no cost. The HRA and the Planning Commission have both had the oppomuiity to review a deconstruction policy statement that the EQEC had developed and approved the concept. The language from that policy statement has been place in the form of the attached resolution. Recommendation Staff recommends approval of the attached resolution regarding deconstruction. Staff is prepared to carry forth the requirements of the resolution and analyze remodeling and demolition projects far their suitability for � deconstruction. Cost factors and safety concerns will be considered in each project and staff will use our best judgment as to what projects are suitable for deconstruction. 25 RESOLUTION NO. -2001 A RESOLUTION .ESTABLISHING A DECONSTRUCTION POLICY FOR THE CITY OF FRIDLEY WHERE:�S the City of Fridley supports sustainability efforts in the Minneapolis/Saint Paul Metropolitan :�rea throu�h recovery of marketable, used buildin� materials; and ��'HEREAS marketable buildin� materials may include items such as wood framina, metal beams or framin�, wood floorin�, windows, doors, light fixtures, plumbing tixtures, cabinetry, appliances, hardware, furniture, duct�vork, and insulation; and �VHERE�S deconstruction service and used buildin� material salvage opportunities do currently esist in the Nlinneapolis%Saint Pau( Metropolitan Area; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Fridley requires that a qualified deconstruction service provider be consulted to determine the suitability of ali building remodelin� or demolition projects conducted by the City of Fridley or the Fridley Housing and Redevelopment Authority for possible salvageable buildina material value unless the building must be demolished or repaired immediately for health and safety reasons; and BE IT FliRTHER RESOLVED that if the quantity or quality of recoverable materials is insuffcient to justify any added costs of deconstruction, accordin� to the opinion of the City or HRA staff, deconstruction does not need to occur. However, when deconstruction is feasible, it should be pursued as a waste reduction option prior to demolition of unusable materials, and a report of recovered materials should be obtained on all building deconstruction projects for the City's records; and BE IT FURTHER RESOLVED that whenever the City of Fridley remodels, adds on to, or builds new facilities, the option to salvage materials through deconstruction shall be included in all requests for proposals or bid requests. The decision to act upon the deconstruction/salvage options proposed will then be made by the appropriate authority, based upon added cost and value of materials; and BE IT FURTHER RESOLVED that Buildin� and Demolition Permit applicants be informed by the Ciry, through informational brochures, of deconstruction and salvage options available in the communiry, and that the City may grant extensions on demolition permits for the purpose of deconstructing privately-owned buildings, as deemed appropriate by the Building Official. PASSED AND ADOPTED BY THE CITY COUNCIL OF TAE CITY OF FRIDLEY THIS DAY OF , 2001. ATTEST: Debra A. Skogen - City Clerk 26 Scott J. Lund - Mayor � ` AGENDA ITEM �'oF CITY COUNCI� MEETING OF OCTOBER 8, 2001 FRIDLEY INFORMAL �TATUS REPORTS 27