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N� ! 0 S� � � e v U �`� s �1/ ,�/ � p' !��✓ ��#��U{4-�U� � Y �3 14-1 s �5 �3 j - G�/�s , ` o % ' � � �y � � � � � T'1'�r� � i� � G� ! � i1�� i 5 I `�� ,� �.�� % ��%��e S7 /1/.,�, r��/e l3 �y �s � � � CfTY OF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 23, 2002 7:30 p.m. - City Council Chambers Attendance Sheet ALFASF AR/NT NAMF, AflflRFSS AND /TFM NUMBFR YOU ARF /NTFRFSTFO /N. � � CffY OF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 23, 2002 7:30 p.m. - City Council Chambers Attendance Sheet ALFASF AR/IYi NAMF, AflURFSS AND /TFM NUMBFR YOU ARF /NT�RFSTFD /N. 0 0 � � CITY COUNCIL MEETING OF SEPTEMBER 23, 2002 UI'Y OF FRIDLEY The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, ar employment in its services, programs, or activities because of race, color, creed, religion, � national origin, sex, disability, age, marital status, sexual orientation- or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to . participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE. PROCLAMATIONS: Domestic Violence A�nrareness Month: October, 2002 Fire Prevention Week: October 6-12, 2002 APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of August 26, 2002 City Council Meeting of September 9, 2002 OLD BUSINESS: 1. Second Reading of an Ordinance Recodifying the Fridley City Code by Amending Appendix F to Provide for the Adjustment of Salaries for the Mayor and Councilmembers in Accordance with Section 2.07 of the Charter of the City of Fridley .................................................................... 1- 2 � 0 � FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 23, 2002 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: 2. Receive the Minutes of the Planning Commission Meeting of September 4, 2002 ........................................................................ 3- 18 0 3. Resolution Directing Preparation of the Assessment Roll for the 2002 Nuisance Abatement...................................................................................................... 19 - 20 4. Resolution Directing Publication of Hearing on the Proposed Assessment Roll for the 2002 Nuisance Abatement .............................................................................. 21 - 23 5. Resolution Declaring Costs to be Assessed and Ordering Preparation of Proposed Assessment for Street Improvement Project No. ST. 2001 — 1 ........................................... 24 - 25 6. Resolution Directing Publication of the Hearing on the Proposed Assessment for Street Improvement Project No. ST. 2001 —1 ........................................................... 26 - 28 0 7. Resolution Declaring Costs to be Assessed ' and Ordering Preparation of Proposed Assessment for the Varichak Utility Project No. 342 _ ............................................................ 29 30 ' 8. Resolution Directing Publication of the Hearing on the Proposed Assessment Roll for the Varichak Utility Project No. 342 ....................................................................... 31 - 33 � 0 FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 23, 2002 PAGE 3 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 9. Appointment .................................................................................................. 34 10. Claims ....................................................................................................... 35 11. Licenses ....................................................................................................... 36 - 38 12. Estimates ....................................................................................................... 39 ADOPTION OF AGENDA. OPEN FORUM, VISITORS: Consideration of items nof on Agenda — 15 minutes. PUBLIC HEARINGS: 13. Consideration of a Plat Request, PS #02-03, by Brandes Place Limited Partnership, to Replat Property into Two Lots, Generally Located at 6160 Fifth Street N.E. (Ward 1) ........................................................ 40 - 46 FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 23, 2002 PAGE 4 PUBLIC HEARINGS (CONTINUED): 14. Consideration of a Comprehensive Plan Amendment, CPA #02-01, by Brandes Place Limited Partnership, to Change a Portion of the City's Comprehensive Land Use Pfan in Order to Allow Higher Density on the Property, Generally Located at 6160 FiftF� Street N.E. (Ward 1) ...........................................:........................................................... 47 - 53 15. Consideration of a Rezoning Request, ZOA #02-01 by Brandes Place Limited Partnership, to Rezone Property from R-2, Two Family Residential and C-3, General Shopping, to R-3, General Multiple Units-Residential, in Order to Accommodate 16 Multi-Family Housing Units, Generally Located at 6160 Fifth Street N.E. (Ward 1) ...................................................................... 54 - 60 NEW BUSINESS: 16. Informal Status Reports ............ .......................................................................... 61 ADJOURN. 0 , S �= � , . �,,,� �SILa �� /�,S � 5 � FRIDLEY CITY COUNCIL MEE?'ING OF SEPTEMBER 23, 2002 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 origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE. PROCLAMATIONS: ° Domestic Violence Awareness Month: October, 2002 �n�-,� �-��-� ! Fire Prevention Week: October 6-12, 2002 �-� Pl� NIFS�-d� APPROVAL OF PROPOSED CONSENT AGENDA: �'� �b ��e- r� � S APPROVAL OF MINUTES: City Council Meeting of August 26, 2002 City Council Meeting of September 9, 2002 OLD BUSINESS: Second Reading of an Ordinance Recodifying the Fridley City Code by Amending Appendix F to Provide for the Adjustment of Salaries for the Mayor and Councilmembers in Accordance with Section 2.07 of the Charter of the City of Fridley... 1- 2 b�rd NEW BUSINESS: 2. Receive the Minutes of the Planning Commission Meeting of September 4, 2002 ....... 3- 18 3. Resolution Directing Preparation of the Assessment Roll for the 2002 Nuisance Abatemenf ................................... 19 - 20 �(-�002 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 4. Resolution Directing Pubfication of Hearing . on the Proposed Assessment Roll for the _ 2002 NuisanceAbatement ..........:.. 21 - 23 , z- zvo Z 5. Resolution Declaring Costs to be Assessed and Ordering Preparation of Proposed Assessment for Street Improvement Project , No. ST. 2001 —1 ............................ 24 - 25 �3-ZDo 2 6. Resolution Directing Publication of the Hearing on the Proposed Assessment for Street Improvement Project No. ST. 2001-1 .................................. 26 - 28 ]�' ZUD 2-- 7. Resolution Declaring Costs to be Assessed and Ordering Preparation of Proposed Assessment for the Varichak Utility Project No. 342 ................................... 29 - 30 ��-2��Z 8. Resolution Directing Publication of the Hearing on the Proposed Assessment Roll for the Varichak Utility Project No. 342 ...... 31 - 33 9. Appointment 10. Claims � � --- 2�:, o � ......... 34 35 r .. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 23, 2002 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: NEW BUSINESS (CONTINUED): 11. Licenses ......................... 12. Estimates 36 - 38 ...... 39 16. Informal Status Reports ............... � � — ri- Y�e-�z, S (`/1,l^, I"U �GL_C.� {t,�� i��'��f��T'l b -Frr�.�,��,� ADJOURN. �(� � �� Y'-i� � ` �� ADOPTIONOFAGENDA. !' ��V�J ��d'U� , u OPEN FORUM, VISITORS: Consideration of items not on Agenda - 15 minutes. �-�,��.,� �h i s�Z res�-'�� PUBLIC HEARINGS: ��]� %!�� ,� ��,� ►� �'f3 �, Consideration of a Plat Request, PS #02-03, � by Brandes Place Limited Partnership, to Replat Property into Two Lots, Generally Located at 6160 Fifth Street N.E. ��1 �-�J �� (Ward 1) ................................. 40 - 46 � 1 ` � �� - � e' �� . 14. Consideration of a Comprehensive Plan Amendment, CPA #02-01, by Brandes Place Limited Partnership, to Change a Portion of the City's Comprehensive Land Use Plan in Order to Allow Higher Density on the Property, Generally Located at 6160 Fifth Street N.E. (Ward 1) ................................... 47 - 53 � 5) Consideration of a Rezoning Request, ZOA #02-01 � by Brandes Place Limited Partnership, to Rezone Property from R-2, Two Family Residential and C-3, General Shopping, to R-3, General Multiple Units-Residential, in Order to Accommodate 16 Multi-Family Housing Units, Generally Located at 6160 Fifth Street N.E. (Ward 1) ..... 54 - 60 61 Y, � '� � _) _ _' 1-_, - _� , - I �' DOM�"ST/C 1�/OL�"IVC�' AWdR�"�II�SS MO�I/Tf�l OCTOt��"R, 2002 WHEREAS, the community problem of domestic violence has become a critical public health and welfare concern in Anoka County; and � WHEREAS, domestic violence is a crime, the commission of whieh urill n�t be tolerated in Anoka Gounty, and perpetrators of said crime are subject � ' to prosecution and conviction in accordance with the law; and . WHEREAS, over 50, 000 victims of violence haue and will continue to access assistance from Alexandra House, a domestic violence senrice provider for women and families; and WHEREAS, domestic violence will be eliminated through community partnerships of concerned individuals and organizations working together to prevent abuse while at the same time promoting social and legal change; and WHEREAS, October is National Domestic Violence Awareness Montl� and - WHEREAS, during National Domestic Violence Awareness Month, Anoka County organizations will inform area residents about domestic violence, its prevalence, consequences, and what we, as a concerned community, can do to eliminate its existence. NOW THEREFORE, BE IT RESOLVED that I, Scott J. Lund, Mayor of the City of Fridley, do hereby proclaim the month of October, 2002, as: �OMfST/C 1�/OL£NC� d WAA�N�SS A�/ONTfS/ in Fridley, Minnesota. IN WITNESS WHEREOF, I have set my hand and caused the seal of the City of Fridley to be affixed this 23rd day of September, 2002. Scott J. Lund, Mayor � � �� _ r� � � � E � 1 ,—''� � k � � � � �'�, �=,, � � r :� � ,~ FIRE PREVENTION WEEK Ociober 6 - ., 12, 2002 WHEREAS, fire kills 3,.500 to 4, 000 people in the United States each year and 80 to 8.5 percent of all fire deaths occur in the home; and WHEREAS, taking simple safety precautions, such as ident�ing and removing everyday home fire ... _� hazards, can help prevent the majority of home fi�es and home fire deaths; and a. WHEREAS„ proper installation, testing and maintenance of smoke alarms are part of a system of fire protection; and WHEREAS, developing a home fire escape plan, with two ways out of each room and an outside meeting place, and practicing it twice a year with every member of the household, are critical to escaping a fire safely; and WHEREAS, this year's Fire Prevention Week theme, "Team Up for Fire Safety, " is dedicated to the hundreds of firefighters who so valiantly gave their lives to save others in 2001, especially on September 11; and WHEREAS, the Fridley Fire Department is committed to the safety of lives and property from the devastating effects of fire; and WHEREAS, the members of the Fire Department are joined by other concerned citizens of Fridley, as well as other emergency service providers and safety advocates, businesses, schools, service clubs, and organizations in their fire safety efforts; NOW, THEREFORE, BE IT RESOL i�ED, that the week of October 6 through 12, 2002, be proclaimed as Fire Preveniion Week in the City of Fridley, Minnesota. This week commemorates the Great Chicago Fire of 1871, which killed more than 250 persons, left 100, 000 homeless and destroyed more than 17, 400 buildings, and serves as the motivating force to bring the people of Fridley together to build a safer community. I call upon the people of Fridley to "Team Up for Fire Safety" by participating in fire prevention activities at home, work and school, and taking the steps needed to make their homes and families safe from fire. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Fridley to be affxed this 23rd day of September, 2002. Scott J. Lund, Mayor THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF AUGUST 26, 2002 The Regular Meeting of the Fridley City Council was called to order by Mayor Lund at 7:32 p.m. PLEDGE OF ALLEGIANCE: Mayor Lund led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEiVIBERS PRESENT: Mayor Lund, Councilmember Barnette, Councilmember Billings, Councilmember Wolfe, and Councilmember Bolkcom MEMBERS ABSENT: None. NEW BUSINESS: 1. RESOLUTION NO. 44-2002 AUTHORIZING THE EXECUTION Ai�1D DELIVERY OF A JOINT POWERS AGREEMENT WITH THE COUNTY OF ANOKA TO PLAN, IMPLEMENT, AND MAINTAIN A PUBLIC SAFETY COMMUNICATIONS SYSTEM IN ANOKA COUNTY: Mr. Robert Johnson, Anoka County Attorney, stated that he is also the Chair of the Law Enforcement Council and has been for over 20 years. The Law Enforcement Council directs a number of areas of law enforcement and one of them is Public Safety Communications. In recent years the county-wide communication system has not been as great as it should be. There are dead spots, bleeding over channels, and the problems will continue to get worse. This is a national problem and this proposed system is the result of trying to find solutions. This system was recommended to the County Boazd and the price tag was at $12,500,000. It was not something the County could do within its normal Capital Improvements Fund. Mr. Johnson stated that this year, the legislature passed a bill that allows the County to levy that amount of money to the amount of money paid for bonds that would pay off the $12,500,000 investment. They could then levy against the entire county and put it under � a different line in the tax statement so it comes out as a Public Safety Communications system levy. He indicated that the board should do that this yeaz. Mr. Johnson said that they are requesting that Council approve the Joint Powers Agreement. He said that the agreement explains how this system will work. He indicated that the document sets out the understanding that Anoka County reasonably expects that it will be getting money from the federal and state governments. FRIDLEY CITY COUNCIL MEETING OF AUGUST 26, 2002 PAGE 2 Mr. Johnson stated that the County intends to make a one-time distribution of radios to the police and fire departments. The user fees of the Metropolitan Radio Board will be somewhere around $20 to $50 per radio, but that would be paid for by the cities. Additional radios would be the responsibility of the City. Provision 7 talks about repairs to the radios. Cars will be able to drive into the County's maintenance shop for repairs of malfunctioning radios, and immediately be operational. There may be events in cities that will require additional radios. Cities will be able to draw on the supply of radios in � the shop to be fully operational with people for that event and then return the radios. Provision 8 is a provision the City does not have to use. It allows cities to pay money into a city fund so they could do it on an annual basis and that fund could be used to replace radios. Provision 9 talks about the acquisition of the radio equipment. Radios may be purchased through Anoka County Public Communications System and alternatives the City can utilize are also outlined. Mr. Johnson stated that the portion the police gets will be allocated between the departments. Councilmember Billings asked what the police radios figure was. Mr. Johnson stated that it was $136,720 which represented 3% of the entire $1,300,000 that is allocated. Councilmember Billings stated that Fridley is looking at $76,000 and that is 8.3% of the entire total that is being allocated for fire equipment. Mr. Johnson stated that was correct. Councilmember Billings stated that if the infrastructure comes in below budget, it is possible for more money to be allocated towards local radios under the 38% for fire, 55% for police, and 6% for shop repairs. In addition, Fridley's portion at 10% and 8% fortunately will go up as well if more money is needed. Mr. Johnson stated that Fridley can choose what make of radios to use. The different radios each have a number of alternatives. Each department will determine what radios best fit. Councilmember Barnette asked what the life of the system is. Mr. Johnson stated that in terms of the life, it would be at least for another 20 years. The proof of this system is dramatic. Right now, police cannot talk to fire, fire cannot talk to police, and police cannot talk to highway patrol, except face to face. With this system, police can talk to anybody on the 800 megahertz system. He believes this system will be operational in two years. There is a sales tax exemption for some of this equipment that evaporates in the middle of next year that is also an incentive. Councilmember Bolkcom asked what taxpayers would pay on their tax statements. � � FRIDLEY CITY COUNCIL NTEETING OF AUGUST 26, 2002 PAGE 3 Mr. Johnson stated that the maximum for a$198,000 home would be $18.51 per year. Mr. Burns stated that the State Legislature added six cents to the 911 telephone bill charge. Will the County benefit from that at all? Mr. Johnson stated that it will. Councilmember Bolkcom asked if E�chibit B was based on the populations of the cities. Mr. Johnson stated that the assumption was that a handheld radio would be issued to every sworn officer and an additional hand held for every three sworn officers and adjustments for community service officers and other primary response vehicles. With respect to fire personnel, a mobile radio is provided for actual response plus one mobile in the chief s car. The handheld radio is to be determined as one radio for every 1500 population served. by the Metropolitan Radio Board. Councilmember Bolkcom asked if there was concern of different radios being used. Mr. Johnson stated that was a concern addressed in one of the provisions of the Joint Powers Agreement. After the initial buy, cities would have to buy through the Center for Communications. We aze only going to have radios that we believe will fit the systems and will provide full communication and allow us some level of control over what the alternatives are. We also want to provide alternatives. There are two other vendors that have approved radios at this point and we anticipate they would be in this market. Councilmember Billings indicated that a community service officer might require a "plain Jane" radio and an undercover officer a radio that scrambles conversations. There is a wide range of radios and a wide range of costs. The decision is not being made by a County Board member or someone in the Attorney's office. It is being made by the people that are out there in the field using the equipment. Mr. Johnson stated that the proposals were brought to the Joint Law Enforcement Council. They approved it and the proposal then went to the Fire Protection Council. - Councilmember Billings stated that this agreement is to "buy in" to the County's $12,500,000 maximum and special levy. It is a special one time cost rather than a . special line item to be shared by all of the properties in the County and not added into the base budgets of the County or the cities. Once the radios are paid for the money will not be used for anything else. Mr. Johnson stated that is correct. Councilmember Billings stated that currently, a number of years ago, initial radios were purchased for the squad cars under the old agreement and the City of Fridley has been buying handheld radios out of our own budget for years. This does not change the FRIDLEY CITY COUNCIL MEETING OF AUGUST 26, 2002 PAGE 4 manner in which we have been operating, it lays it out on paper. The change is the annual maintenance fee that would be charged Councilmember Bolkcom asked if this system is big enough at some point to be expanded to use by Public Works staff. Mr. Johnson stated that if there was a natural disaster, every city official would need to be � ' alerted. We want this system to accommodate it. Mayor Lund asked what happens to those cities that do not adopt this. Mr. Johnson stated that he cannot say exactly what would happen in that situation. MOTION by Councilmember Bolkcom to receive the second page of E�chibit A. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Billings to adopt Resolution No. 44-2002. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Johnson stated that he wanted to thank Councilmember Billings for his participation. Mayor Lund thanked Mr. Johnson for attending the meeting. APPROVAL OF PROPOSED CONSENT AGENDA: MOTION by Councilmember Barnette to approve the Proposed Consent Agenda as amended. 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 August 12, 2002 Councilmember Bolkcom asked to have this item removed for discussion. REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. FRIDLEY CITY COUNCIL MEETING OF AUGtiST 26, 2002 PAGE 5 NEW BUSINESS: 2. RESOLUTION NO. 45-2002 CERTIFYING PROPOSED TAX LEVY REQUIRE- MENTS FOR 2003 TO THE COUNTY OF ANOKA: Mr. Burns, City Manager, stated that this resolution was prepared in conformance with State statutes. The proposed levy is $5,825,855 and the increase is consistent with the increase in the CPI amendment to the City in 2001 and conforms to the amendment to the City Charter. It is a 3.8% increase. The distribution of the proposed levy is as follows: $5,716,590 goes to the General Fund, and $94,165 to the Capital Projects fund. We have done a study of all city-wide property taxes and fees and Fridley, once again, has the lowest rate for all the cities of this area. We average about $55 per month for the average home in Fridley. With 3.8% more it would be about $2 more, but Fridley would still be below its closest competitor. ADOPTED RESOLUTION NO. 4�-2002. 3. RESOLUTION NO. 46-2002 ADOPTING TAE PROPOSED BUDGET FOR FISCAL YEAR 2003: N1r. Burns, City Manager, stated that this resolution covers the General Fund, Special Revenues Fund, the Capital Improvement Fund and the Agency Fund expenditures. Total expenditures for all officially budgeted funds are $14,641,307. The General Fund budget is going up by about 2.73% mainly for personnel and health insurance costs. Special Revenue Funds are up by .12% and the Capital Improvement Fund is down. Overall, we are down by about 1%. We will present more detailed information at the budget hearing. At the October 21 conference meeting, Council will review the budget. Truth in Taxation statements will be sent out by the County to the property owners in November. Staff recommended that the public hearing for the 2003 budget be set for December 9, 2002. The budget resolution will be considered by Council on December 16. Staff recommended approval of this resolution. ADOPTED RESOLUTION NO. 46-2002 4. RESOLUTION NO. 47-2002 CONSENTING TO THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF FRIDLEY, MINNESOTA. ADOPTING A 2002 TAX LEVY COLLECTIBLE IN 2003: Mr. Burns, City Manager, stated that the Housing and Redevelopment Authority has used the tax levy equivalent to .0144% of the market value of taxable real estate in the City since 1996 to support its housing rehabilitation program. This year, the levy will generate $227,800 at an annual cost of about $22 on a$150,000 home. The Housing and Redevelopment Authority approved this sanction of the levy for 2003. Staff recommended approval of this resolution. �x.Y�11111I1� [��[�afi�►��II�►� FRIDLEY CITY COUNCIL NIEETING OF AUGUST 26, 2002 PAGE 6 �. RECEIVE THE PLAI�TNING COMMISSION MINUTES OF AUGUST 7, 2002: RECEIVED. 6. RESOLUTION NO. 48-2002 APPROVING A SUBDIVISION, LOT SPLIT, LS #02-02, TO CREATE AN ADDITIONAL SINGLE FAMILY PARCEL, GENERALLY LOCATED AT 840 MISSISSIPPI STREET (WARD 1): � - Mr. Burns, City Manager, stated that this resolution will allow a lot split at 840 _ Mississippi Street. The petitioners, Ted and Cari Ciardelli, want to split their lot in order to build an additional single family home. The Planning Commission approved this request at its meeting on August 7. Staff recommended Council's approval. ADOPTED RESOLUTON NO. 48-2002. 7. APPROVE COMPREHENSIVE SIGN PLAN FOR TRIED & TRUE TOOLS, GENERALLY LOCATED AT 7550 UNIVERSITY AVENUE N.E. (WARD 31: Mr. Burns, City Manager, stated that Paul Williams of Marlan-Kelmia LLC, is requesting approval of the sign plan for multi-tenant properties at 7�50 University Avenue. The plan meets all the City's requirements. Staff recommended Council's approval. APPROVED COMPREHENSIVE SIGN PLAN FOR TRIED & TRUE TOOLS. 8. APPROVE CHANGE ORDER NO. 1 TO STREET IMPROVEMENT PROJECT NO. ST. 2002-1: Mr. Burns, City Manager, stated that staff is requesting approval of $3,420 to relocate 4 hydrants and a water main. This was needed to avoid other utilities. Staff recommended Council's approval. APPROVED CHANGE ORDER NO. 1. 9. MOTION TO ACCEPT A PROPOSAL FROM HLB TAUTGES REDPATH, LTD., FOR A STUDY ON CHARGES FOR SERVICES: - Mr. Burns, City Manager, stated that staff is recommending that HLB Tautges Redpath, Ltd., be allowed to do a study of the City's charges for services. The cost of the survey shall not exceed $18,000. The study will,inventory current City charges, create a cost allocation plan and direct costs, measure the direct costs and services and compare newly established costs with current costs. Staff recommended Council's approval. APPROVED PROPOSAL FROM HLB TAUTGES REDPATH, LTD. � FRIDLEY CITY COUNCIL MEETING OF AUGUST 26. 2002 10. CLAIMS: APPROVED CLAIM NOS. 106855-107079. 11. LICENSES: APPROVED ALL LICENSES AS SUBMITTED. ESTIMATES: 12. APPROVED ALL ESTIMATES AS FOLLOWS: Pearson Bros., Inc. 240 St. Johns Street Loretto, MN 55357 Street Improvement (Sealcoat) Project No. ST. 2002-10 FINAL ESTIMATE Forest Lake Contracting, Inc. 14777 Lake Drive Forest Lake, MN 55025 Hartman Circle Watermain Looping Project No. 347 Estimate No. 1 W.B. Miller 6701 Norris Lake Road, N.W. Elk River, NIN 55330 2002 Street Improvement No. ST. 2002-1 Estimate No. 4 Park Construction Company 7900 Beech St. N.E. Minneapolis, NIN 55432 57th Avenue Sanitary Sewer Improvement Project No. 346 Estimate No. 1 $ 10,559.60 $108,184.08 $156,386.58 $53,602.49 PAGE 7 FRIDLEY CITY COUNCIL MEETING OF AUGUST 26, 2002 PAGE 8 Ron Kassa Construction 600�-250`h Street E Elko, MN 5�020 2000 Miscellaneous Concrete Repair Project No. 344 Estimate No. 4 $ 4,339.12 ADOPTION OF AGENDA: MOTION by Councilmember Bolkcom to adopt the Agenda as amended with a discussion of the minutes. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM, VISITORS: Ms. Karen Schaub, an employee of Spring Lake Park School District 16, introduced Jim Westman, the School District's newest administrative member. He joined the School District last fall. She said they wanted to share some information about the School District's upcoming levy referendum. There will be two questions on the ballot. One question is on the proposal for $1,800,000 for ten years, and the second question is the voting itself. They will be on the ballot for the primary election on September 10. Yes to Question 1 will help the School District provide quality education, maintain the class sizes, maintain the current number of teachers, prevent a school from closing, maintain the current level of programs and services, and guarantee local funding to help provide state funding. No to Question 2 would mean $400,000 worth of cuts. Mr. Westman stated that ten years ago, District 16 had less students, more square footage, and less state and federal mandates. Today, the District has more special education students and more students who speak English as a second language. Today, there are fewer classroom teachers, fewer administrators, and fewer custodians than there were ten (10) years ago. Mr. Westman stated that if both Questions 1 and 2 are passed, the average taxed assessed property value of $150,000 would result in a$15 monthly increase. Question 1 would mean $13.00 per month, and Question 2 would mean an additional $2.92. Ms. Schaub stated that School District 16 has an attendance rate over 94 percent and the graduation rate is over 90 percent. The School District just faced a$2,600,000 reduction during the last school year. If anyone is looking for any other information, feel free to visit the School District's web site. They have set up a hotline with answers to questions. They hope to see a lot of voters turn out on September 10. FRIDLEY CITY COUNCIL MEETING OF AUGUST 26, 2002 PAGE 9 Councilmember Barnette stated that he was impressed with the brochure from School District 16 regarding the levy. The City has four different school districts within its boundaries, and he supports them all. Mayor Lund thanked Ms. Schaub and Mr. Westman for coming and w-ished them good luck. NEW BUSINESS: _ 13. VARIANCE REQUEST, VAR #02-13, BY JIM KIEWEL, TO INCREASE THE TOTAL SQUARE FOOTAGE OF ALL ACCESSORY BUILDINGS TO ALLOW THE CONSTRUCTION OF AN ADDITIONAL GARAGE, GENERALLY LOCATED AT 1631 RICE CREEK ROAD N.E. (WARD 2): Mr. Hickok, Community Development Director, stated that this is a variance request for the property at 1631 Rice Creek Road. Mr. Jim Kiewel is the property owner. He is seeking a variance to increase the allowable square footage of all of accessory buildings from 1,400 square feet to 1,612 square feet, to allow the construction of an additional 28' x 37' detached gazage. The petitioner must also receive a special use permit from the Planning Commission and City Council prior to the issuance of any building permits. Mr. Hickok stated that the site is 27,000 square feet. The lot was platted in 1939 and the home was built in 19�3. A variance was granted in 1996 that was good for one year and expired due to inactivity. In the year 2000, another variance request was made and was withdrawn prior to action by the City Council. The first variance was approved by the City Council on February 26, 1996, after two revisions were made to reduce the total squaze footage of the accessory buildings - to 1,390 square feet. In 2000, Variance #00-04 was withdrawn by the petitioner before the Appeals Commission could take action. Mr. Hickok stated that the summary of hardship states: "Additional storage is needed for vehicles and boat. Vehicles need to be stored inside to prevent theft or damage from weather or vandalism. This will allow me to save offsite storage costs, and would give a clean appearance to the neighborhood." Mr. Hickok stated that this would be a concrete construction, flat roof garage. On August 14, the Appeals Commission denied the request due to a lack of hazdship. Staff recommended that ' Council concur with the Appeals Commission and deny this request due to the fact that no similar variances allowing square footage of accessory buildings to exceed 1,400 square feet „ have been granted. The request does not meet the statutory definition of hardship. Mr. Hickok stated that the petitioner shall obtain in the event that this is granted the following stipulations are recommended: 1) The petitioner shall obtain all necessary permits prior to construction; 2) The petitioner shall provide a hard surface driveway by July 1, 2003; 3) The accessory structure shall not be used as a home occupation; 4) The home must be open to City officials prior to issuance of the building permit to determine if the property is a legitimate single family structure; 5) All sheds on the property must be removed prior to the building permit being filed; 6) Detailed plans for the new dwelling area must be submitted with building plans for the FRIDLEY CITY COUNCIL MEETING OF AUGUST 26, 2002 PAGE 10 garage; 7) New d�velling areas labeled on site plan must be sepaxated from the garage in accordance with the building code requirements and may not be converted to additional garage area without first obtaining an additional variance; 8) Silt fence required along the east, west, and north property lines to prevent erosion onto adjacent properties. Hay bales in swale areas are also required as deemed necessary by City staff; 9) Due to steep grades and the amount of additional impervious surface, the water runoff velocity must be slowed down through the use of sod, seed, a small ponding area (rain garden) or other landscaping. Final design to be approved � " by City staff prior to issuance of a building permit. Remedy must be installed prior to building permit being "finaled;" 10) New addition must be architecturally compatible with the eYisting _ home and garage. Building elevations to be submitted to and approved by City staff prior to the issuance of a building permit; 11) Variance shall become null and void unless a special use permit is successfully obtained to construct the proposed detached garage. Mr. Hickok stated that the petitioner has submitted a new site plan. The new site plan differs in that it changes the floor area dimensions to meet his interpretation of code requirements, and it identifies the "fire wall" between the garage and "dwelling" areas. Mr. Kiewel, 1631 Rice Creek Road N.E., stated that he understands that there have been allegations about the home being rented out as a duplex. He said he does not know how that happened. He stated that City officials came to his house one day to inspect the property and went through his mail as well. Mr. Hickok stated that there are also concerns that this home was rented out in the past as a duplex. He said he personally received calls from realtors who indicated that the property was being sold as a duplex. Mayor Lund asked if he wanted them to change the request. Mr. Kiewel stated that the new plan he gave them pertained to external dimensions. Mayor Lund stated that Staff did draw a line through his calculations and added their calculations. Mr. Kiewel stated that would be understandable. Mayor Lund stated that staff is referring to inside measurement versus exterior measurement. - Mr. Kiewel stated that 37' x 30' would be 1,686 square feet. Mr. Hickok stated that 37' x 30' would be 1,110 square feet with the total other measurements equaling 1,686 square feet. Mr. Kiewel stated that with respect to the stipulation requiring a hard surface driveway by July l, 2002, he requested that it be changed to one year from the issuance of the variance. He said he may not be able to meet the deadline. 0 0 FRIDLEY CITY COUNCIL MEETING OF AUGUST 26, 2002 PAGE 11 Mayor Lund stated that Stipulation 8 is a temporary measure, and staff will want to see a more permanent solution to the potential drainage problem. Mr. Kiewel stated that whatever it takes, he will take care of it. Stipulation 10 may not be necessary. The building is basically a flat roof garage with stucco walls to match the home. Councilmember Bolkcom asked if the stipulation was different than anything else Council has � seen. Mr. Hickok stated that it was not. Mr. Kiewel stated that Stipulation 11 should be changed to as follows: "The petitioner shall obtain a special use permit if required by Fridley City Code." He does not believe it is a detached garage. Fridley City Code 205.07(C)-1 specifically excludes the first accessory building as a private garage with no special use required. How can a garage that is separated from dwelling area can be detached. He could not find a definition in the City code as to what detached and attached means. He said that Webster's dictionary states that detached means standing by itself or separate or unconnected. Mayor Lund asked him if wanted to word it as detached or attached. Mr. Kiewel stated that it would be at 1,687 square feet if it was attached. Mr. Hickok stated that it would be over 2,000 square feet. Mr. Kiewel stated that in his calculations, he is including the dwelling area as a garage area. Mayor Lund asked Mr. Knaak if it was detached or attached. Councilmember Billings asked if the City Code refers to attached or detached, or if it refers to the first accessory building or second accessory building. The real question here is not whether the building is detached or attached, but whether it is one garage or two garages. Mr. Kiewel asked if it would make it one garage if he establishes a corridor between the buildings. Councilmember Billings stated that he thought it would become a hallway. Mayor Lund stated that an extension to a garage typically would expand it outwards from the garage by adding another garage door. Councilmember Bolkcom stated that even if it was considered as one garage, it is still way over the square footage allowed pursuant to the City Code. She said they were talking about accessory building and asked how it could not be an accessory building. FRIDLEY CITY COUNCIL MEETING OF AUGUST 26, 2002 PAGE 12 Mr. Kiewel stated that when his house was originally built, it had a garage on the top and the bottom. This was common in Fridley at that time. Councilmember Bolkcom stated that they have to look at what the City Code says now. Mr. Kiewel stated that he should probably reconsider his proposal and come back with . something that is more suitable and acceptable to the Council. � " Mayor Lund stated that if it was a matter diseussing the stipulations, with minor changes, it may _ be reasonable. He has only heard one comment from one neighbor and that was addressed. He is more concerned about better plans for the impervious surface that is going to be created. This is a huge addition that will not be aesthetically pleasing. He said he understands that Mr. Kiewel has his rights, and it is his property, but he is also concerned with the way the surrounding neighborhood feels. Councilmember Bolkcom asked if it was possible to add onto the garage addition that is already there. Mr. Hickok stated that it is doable. Mayor Lund stated that there is room to the left side of the property to add on a garage. He said he would like to see a plan. His concern with the flat roof is the size. He is also concerned about the drainage issues. Councilmember Wolfe asked if they should table this item and ask Mr. Kiewel to come back - with another design. Mr. Kiewel stated that he would come back with another design. Mayor Lund stated that he is not against that, but there is a 60-day requirement they have to act on. Mr. Kiewel stated that his intention is to start in the spring. Councilmember Bolkcom stated that they could take a little bit longer time and extend the 60 days. " Mr. Kiewel stated that he would like to get this resolved fairly quickly. Mr. Burns asked if he needed 1,440 square feet or 1,400 square feet. Mr. Hickok stated that he would need 1,400 square feet or under. Mr. Burns stated that then there would be no further Council action needed. Mayor Lund stated that they could make a motion to extend the time. FRIDLEY CITY COUNCIL MEETING OF AUGUST 26, 2002 PAGE 13 Mr. Kiewel asked �vhen the next City Council meeting was. Mayor Lund stated that it would be September 23 and that would be outside the 60 days. Councilmember Billings asked if they could make the motion on September 9 if it is not resolved at that time. Mayor Lund stated that they could do that. Mr. Kiewel can present plans to staff prior to _ September 9 and if it is under 1,400 square feet and a variance is not needed, it would not be a problem. Mr. Kiewel thanked Council. Mr. Hickok stated that attached means that no dwelling may be between the eYisting garage and the proposed garage. MOTION by Councilmember Wolfe to table this until September 9. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 13a. APPROVE THE MINUTES OF THE FRIDLEY CITY COUNCIL MEETING OF AUGUST 12, 2002: Councilmember Bolkcom stated that under Item 4, it says that additional sealcoating is for the City of Columbia Heights. It should be added that Columbia Heights is requesting the sealcoating and paying for the additional costs. Councilmember Bolkcom stated that the second sentence on Page 13 should state as follows: "Councilmember Bolkcom asked if any discussions that took place would also involve the other two neighbors." Councilmember Bolkcom stated that under the "Informal Status Reports" section, she thought it should state that the repair of the bikeway project behind Edgewater Gardens will take some time. Anoka County is working with the Rice Creek Watershed District and the railroad due to erosion problems. MOTION by Councilmember Barnette to approve the minutes with the noted corrections. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COU�TCIL MEETING OF AUGUST 26, 2002 PAGE 14 1=�. INFORi'VIAL STATUS REPORTS: Councilmember Bolkcom stated that the train whistle meeting is on September 24. Everyone is invited. A railroad safety officer/engineer will be at the meeting to discuss why there are train whistles. The presentation will begin at 7:00 p.m. Mayor Lund stated that a number of civic organizations will be putting together a September 11 tribute. He would like to invite all service clubs, residents and people outside of Fridley to this event. It will take place on Wednesday, September 11 at 8:00 p.m. at the Fridley High School football field. The program will conclude at 9:00 p.m. The keynote speaker will be Rick Kupchella, the weekend anchor from KARE 11. Councilmember Bolkcom stated that it would be a good day to wear red, white and blue and to have a moment of silence. Councilmember Barnette stated that next Tuesday is the start of school, and he hopes everyone will drive safely. Councilmember Billings stated that the street/driveway item that was on the agenda last week was tabled. He asked if there was an update. Mr. Knaak stated that there was no update, and that he would not be able to speak with the other attorney until next week. Councilmember Billings stated that he is very troubled by Mr. Kiewel's allegation that four or five years ago, some employees of the City of Fridley were present at his home, and without his permission were going through his U.S. mail. It is a serious allegation and he does not take it lightly. It needs to be investigated. MOTION by Councilmember Billings to request that the City Attorney, or designee of the City Attorney, conduct an investigation of this incident and present the information to the appropriate City of Fridley officials, and if need be, present the results of that information to any other officials in our government who need to be aware of that. Seconded by Councilmember Barnette. Mayor Lund stated that he has doubts as to why it was not investigated seven years ago. ADJOURN: MOTION by Councilmember Wolfe to adjourn the meeting. Seconded by Councilmember Barnette. FRIDLEY CITY COUNCIL MEETING OF AUGUST 26, 2002 PAGE 1� UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE AUGUST 26, 2002, CITY COUNCIL MEETING ADJOURNED AT 10:00 P.M. Respectfully submitted, Signe L. Johnson Scott J. Lund Recording Secretary Mayor NTINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF SEPTEMBER 9, 2002 The Regular Meeting of the Fridley City Council was called to order by Mayor Lund at 7:32 p.m. PLEDGE OF ALLEGIANCE: _ Mayor Lund led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Lund, Councilmember Barnette, Councilmember Billings, Councilmember Wolfe and Councilmember Bolkcom. MEMBERS ABSENT: None. APPROVAL OF PROPOSED CONSENT AGENDA: MOTION by Councilmember Bolkcom to approve the proposed consent agenda with the removal of Item Nos. l, 4, 5, 6, 8, 9, and 10 to the regular agenda. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. NEW BUSINESS: 1. FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE BY AMENDING APPENDIX F TO PROVIDE FOR THE ADJUSTMENT OF SALARIES FOR THE MAYOR AND COUNCILMEMBERS IN ACCORDANCE WITH SECTION 2.07 OF THE CHARTER OF THE CITY OF FRIDLEY: Mr. Burns, City Manager, stated that this ordinance will increase the salaries of the Mayor and Councilmembers by two percent (2%) for 2003. This is the same increase that is projected for all non-bazgaining employees for 2003. Staff recommended Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 2. RECEIVE THE PLANNING COMMISSION MINUTES OF AUGUST 21, 2002: RECEIVED THE PLANNING COMMISSION MEETING MINUTES OF AUGUST 21, 2002. � FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 9, 2002 PAGE 2 3. SPECIAL USE PERMIT REQUEST, SP #02-07, BY RICHARD AND KATHLEEN KEMPER, TO ALLOW A SECOND ACCESSORY STRUCTURE, GENERALLY LOCATED AT 7857 ALDEN WAY (WARD 3): Mr. Burns, City Manager, stated that this would allow the construction of a 600 squaxe foot garage to be used to store classic automobiles. The Planning Commission approved the special use permit by unanimous vote subject to 4 stipulations. The ` - Appeals Commission also approved the side yard variance of 25 feet to 13 feet at their August 28 meeting. Staff recommended Council's approval subject to the four stipulations. � APPROVED SPECIAL USE PERMIT REQUEST, SP #02-07, WITH THE FOLLOWING STIPULATIONS: 1) PETITIONER SHALL OBTAIN ALL NECESSARY PERl�1ITS PRIOR TO CONSTRUCTION; 2) THE STRUCTURE SHALL NOT BE USED FOR A HOME OCCUPATION OR LIVING AREA; 3) TOTAL SQUARE FOOTAGE OF ALL ACCESSORY STRUCTURES MUST NOT EXCEED 1,400 SQUARE FEET; 4) GARAGE SHALL BE ARCHI- TECTURALLY COMPATIBLE EXISTING HOME AND FINISHED WITH A COMPLEMENTARY SIDING AND COLOR SCHEME. 4. RESOLUTION PERMANENTLY REVOKING THE TOBACCO LICENSE FOR JAMES NICKLOW AND THE SHOREWOOD RESTAURANT LOCATED AT 6161 HIGHWAY 65 N.E. (WARD 2): Mr. Burns, City Manager, stated that the tobacco compliance check was completed on 34 businesses in Fridley on March 19. The Shorewood Restaurant and its employee, Tammy Sue Bachman did not pass the compliance check. Mr. Nicklow has been notified of the violation in City code and the employee has been charged with criminal violation and her case is pending in court. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 5. RESOLUTION NO. 49-2002 APPROVING PLANS AND SPECIFICIATIONS, ORDERING THE IMPROVEMENT AND AUTHORIZING ADVERTISEMENT FOR BIDS: MUNICIPAL GARAGE EXPANSION PROJECT NO. 343: Mr. Burns, City Manager, stated that this resolution provides for a new reception area and offices for the Public Works Maintenance Superintendent and the supervisors. It also provides for a conference room, and a new lunchroom. The older portion of the building is to be remodeled in a manner that provides locker rooms and restrooms to properly accommodate full-time personnel. The cost for these improvements is estimated at $600,000 and it is included in the 2002 budget. Staff recommended Council's approval. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 9, 2002 PAGE 3 THIS ITEM WAS REi1�10VED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 6. RESOLUTION NO. 50-2002 SUPPORTING IMPROVEMENTS TO SPRING- BROOK NATURE CENTER COMMENCING OF FUNDRAISING EFFORTS BY THE SPRINGBROOK NATURE CENTER FOUNDATION: Mr. Burns, City Manager, stated that the Springbrook Nature Center Foundation has a _ master plan for improvements to the Nature Center. Council has discussed this matter with the Fridley Parks and Recreation Commission and representatives of the Nature Center Foundation. This resolution provides for Council support in fundraising efforts by the Foundation for Phase I of the project. Staff recommended Council's approval of this resolution. THIS ITEM WAS REMOVED FROM THE CONSENT AGEND AND PLACED ON THE REGULAR AGENDA. 7. RECEIVE AND REJECT BIDS FOR PHASE I OF COMMONS PARK PARKING LOT PHASE I IMPROVEMENT PROJECT NO. 348: Mr. Burns, City Manager, stated that the City opened bids for this project on Thursday, September 5, 2002. Since the low bidder is more than $34,000 over the amount budgeted for this project, staff is recommended that the bids be rejected. It is also recommended that staff reduce the scope of the project for construction in 2003. RECEIVED AND REJECTED BIDS FOR PHASE I OF COMMONS PARK PARKING LOT PHASE I IMPROVEMENT PROJECT NO. 348. 8. CLAIMS: APPROVED CLAIM NOS. 107082-107289. 9. LICENSES: APPROVED ALL LICENSES AS SUBMITTED. 10. ESTIMATES: APPROVED ALL ESTIMATES AS FOLLOWS: Forest Lake Contracting, Inc. 14777 Lake Drive Forest Lake, MN 55025 Hartman Circle Watermain Looping Project No. 347 Estimate No. 2 $ 21,137.99 FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 9, 2002 PAGE 4 W.B. Niiller 6701 Norris Lake Road, N.W. Elk River, V1i�1 �5330 2002 Street Improvement No. ST. 2002-1 Estimate No. 5 $55,180.51 � Park Construction Company 7900 Beech St. N.E. Minneapolis, MN 55432 �7th Avenue Sanitary Sewer Improvement Project No. 346 Estimate No. 2 $19,242.74 ADOPTION OF AGENDA: Councilmember Barnette stated that he would like to add Variance Request, VAR #02-13 by Jim Kiewel to the agenda as Item 12e. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Bolkcom to adopt the agenda as amended. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM, VISITORS: Mr. Richard Harris, 6200 Riverview Terrace, stated that he wants to thank the Public Works department for fixing the manhole on Riverview Terrace. He also asked to be notified of Council's joint meeting with the Housing and Redevelopment Authority. Mr. Burns, City Manager, stated that it would be on October 3 at 7:00 in Council Chambers. _ Mr. Harris asked if he could discuss the criteria used for the inspection of the commercial industrial property that they are using for the outdoor storage codes. ' Mayor Lund stated that they would handle that during the public hearing.. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 9, 2002 PAGE 5 PUBLIC HEARING: 11. PUBLIC HEARING ON A ZONING TEXT AMENDMENT, ZTA #02-01, BY THE CITY OF FIRDLEY AMENDING CHAPTER 205, SECTIONS 20�.17, 205.18, 205.19, 205.20 AND 205.25 RELATED TO OUTDOOR STORAGE IN INDLTSTIRAL DISTRICTS (CONTINUED AUGUST 12, 20021: MOTION by Councilmember Bolkcom to remove this item from the table. Seconded bv Councilmember Barnette. r UPON A VOICE VOTE, ALL VOTING AYE, M�1YOR LUND DECLARED THE MOTION CARRIED UNAYIMOUSLY. Mr. Hickok, Community Development Director, stated that the Council is asked to hold a public hearing to consider a zoning text amendment which would change the City Code requirements related to outdoor storage in Fridley's industrial districts. Cunent outdoor storage regulations mandate that no outdoor storage is allowed unless the property is zoned M-3 or the property has been issued a special use permit for incidental storage. The current ordinance dates back to 1992. In 1969 the ordinance required that all materials and supplies be stored within a closed building or be screened on all sides from public view. Systematic code enforcement began in late 2001 and revealed that a number of industrial properties were illegally storing goods outdoors. Staff determined that the City ordinance should be reviewed. The City's council/commission survey indicated that there was overwhelming support for drafting new legislation that would allow some outdoor storage subject to screening requirements and obtaining a special use permit. He stated that this would allow an increase in flexibility and an- expansion on the special use permit opportunities. Mr. Hickok stated that Blaine has limited outdoor storage allowed through the conditional use permit to a maximum of fifty-percent of the total building footprint. It must, however, be fully screened from any public right-of-way and can only be 12 feet in height. Brooklyn Park allows outdoor storage through their conditional use permit in the heavy general commercial districts. Outdoor storage is not allowed in their light industrial districts. Columbia Heights allows outdoor storage as an accessory in the commercial or industrial districts, but it must be located in the side or reaz yard and be screened from adjacent uses and the public right-of-way. Coon Rapids allows outdoor storage in the industrial districts but it must be located within the side or rear yard and screened where practical. Inver Grove Heights allows outdoor storage through the conditional use permit, but it must be screened from residential properties. Mounds View allows outdoor storage through the conditional use permit. The industrial districts must be screened from the public right-of-way in their light industrial districts. There are no requirements for screening in their heavy industrial districts. Osseo allows outdoor storage through a conditional use permit in their industrial district and their highway commercial district must be fully screened from neighboring properties. Bloomington allows outdoor storage through a conditional use permit in their special limited and special general industrial districts to a limited area not larger than 50 percent of the ground coverage of the principal building. It must be located in the side or rear yard and not visible from the street. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 9, 2002 PAGE 6 Mr. Hickok stated that the cunent regulations in Fridley allow outdoor storage in the M-1, M-2, M-4, and S-3 districts through a special use permit process, if the items being stored are incidental to a business. Incidental storage means the storage is temporary in nature, and the short term storage is not required as an ongoing part of the business. An expansion of the outdoor storage area is proposed that will allow up to fifty-percent of the floor area of the principal building be allowed as an area outside the building for screened storage. Currently, the ordinance is tight about special use permits. Changes in Section 1 are similar throughout the M- ' 1, the M-3, and also S-3. N1r. Hickok stated that the ordinance repealed the sections of the City Code pertaining to the storage of materials, equipment, or motor vehicles, incidental to the principal operation of the use. Mr. Hickok stated that the following changes were made to the M-1 Light Industrial Section: "All limited outdoor storage shall satisfy the following requirements and other stipulations deemed necessary due to site conditions: (a) The outdoor storage area is limited to a maximum equal to 50% of the principal building's footprint. This area must be designated on a site plan submitted with the Special Use Permit (SUP) application and must be located in the side or rear yard. (b) The materials and equipment kept in the designated outdoor storage area must be fully screened so as to not be visible from: ((1)) A residential district adj acent to the use; ((2)) A residential district across a public right of way from the use; ((3)) A public park adjacent to the use; ((4)) A public right-of-way including railroad right-of-way adjacent to the use; or ((5)) Any commercial use adjacent to the use. (c) Screening of the outdoor storage area shall be achieved through a combination of masonry walls, fencing, berming, and landscaping in accordance with Section 205.17.06.G.(1)(a). (d) Materials and equipment stored outside must not exceed 12 feet in height. (e) The outdoor storage area must be a city-approved hard surface and bound on the perimeter by B-6-12 concrete curb and gutter. (� Special use permit for limited outdoor storage shall not permit the outside storage of semi-trucks, semi-trailers, or heavy construction equipment. (g) Hazardous chemicals and materials are prohibited form being stored outside. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 9. 2002 PAGE 7 (h) The outdoor storage shall not affect the required amount of parking stalls needed on site. (i) The location and types of materials to be stored are to be reviewed by the Fire Marshall. Mr. Hickok stated that M-2 Heavy Industrial District will have nearly identical requirements. In Section 20�.19, N1-3 Heavy Industrial, Outdoor Intensive District there are very subtle differences. Principal uses in that district would be uses whose principal use requires the outdoor storage of materials, motor vehicles, or equipment, including the outdoor manipulation of said materials, motor vehicles or equipment, with conditions. An item was added for telecommunications towers and wireless telecommunications facilities. The height of materials stored outside in this district was increased to 15 feet. In the M-4 Manufacturing Only district, the language is the same as M-1 and M-2, and the height goes back to 12 feet. The uses permitted in the S-3, Heavy Industrial, Onaway Addition District, were modified. Mr. Hickok stated that the Planning Commission approved the ordinance unanimously with the language changes. Council, on August 12, continued the public hearing. Notices were sent to the industries. All industrial properties received the letter on August 16. Staff recommended approval with proposed changes to allow Fridley industries to maintain some outdoor storage with conditions while not being detrimental to surrounding properties. Staff recommended that Council set a date for the first reading of this ordinance. Mr. Hickok stated that Display Arts sent a letter regarding their response to code requirements. MOTION by Councilmember Barnette to accept the letter. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Bolkcom stated that she would like to have the letter read. Mr. Hickock read the letter. Mr. Hickok stated that he received a telephone call from Mr. Jeff Van Keuren from United Defense asking if there was any provision for Council to allow up to a two-week period or a temporary situation without getting a special use permit. He was also asked if curb and gutter would be required surrounding the asphalt and all the outdoor storage areas. Councilmember Bolkcom asked if there has been an inspection of the Display Arts property. Mr. Hickok stated that there was. They have a little enclosure that is not screened and it is visible from the public right-of-way. Additional work would need to be done. The striped parking lot is kept neat. The dumpster enclosure is sharing the same alley with dumpsters that are currently not screened. Additionally, there are about 10 pallets that are not screened. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 9, 2002 PAGE 8 Mr. Jay Lindgren, Attorney with Dorsey and Whitney Law Firm, practices primarily in the area of land use and development. He is here tonight on behalf of Cameron Ashley Building products and their facility at 5110 Main Street NE. He thanked Council for continuing this hearing and for clarifying the proposal. The site is located in zoning district M-2. This company has been operating for over 40 years in Fridley. The total site is about ten acres. Currently forty-percent of the site is occupied by the main building which was built in 1962. The remaining six acres are used seasonally for some form of storage. That area is fenced and paved and is used for construction materials which can be stored outside and are hopefully moved quickly for the good of the business. Improvements have been made to the facility. This is a viable business. Mr. Lindgren stated that their largest concern regarding the ordinance is the limitation of fifty- percent outdoor storage space as it relates to the building footprint. It is good that the City recognizes the need for increased authorization, but the practical effect is that it would reduce the current seasonal storage by more than two-thirds. This would render four or five acres of little or no value. This business would be forced to move. Their lease is up in July, 2003. This business pays about $100,000 annual property tax. Fifty-percent limitation is too small for the types of businesses that have been successful in this community and want to remain in Fridley. The current use even under the new ordinance would be a protected lawful non-conforming use due to the site existing for 40 years. The paved area existed since late 1960's and the type of exterior usage predates the 1992, 1986, and 1969 City ordinances. Councilmember Bolkcom stated that systematic code enforcement started with residential properties and then moved to commercial properties. In the past, a commercial business was inspected if there had been a complaint regarding the appearance of the property. Mr. Hickok stated that was correct. Councilmember Bolkcom asked Mr. Lindgren if he understood that the way the code is now is even more restrictive. Someone in the neighborhood stated that they would like to see the businesses inspected because they keep continuing to expand. She asked if the outdoor storage need had increased over the years. Mr. Lindgren stated that since the 1960's, the space that has been set up to operate with a certain amount of covered storage used for distribution and the remainder, paved and made readily available for outdoor storage. There is no doubt that at different times certain portions of the outdoor storage area are used more. Councilmember Bolkcom stated that this business is close to a residential area. Mayor Lund asked Mr. Knaak if the fact that their facility predates the ordinance would affect its validity. Mr. Knaak, City Attorney, stated that that issue would have to be reviewed. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 9. 2002 PAGE 9 Mr. Dan Wensen, 7872 Elm Street, stated that he owns a machine shop. He is for the ordinance, but it does make it hard to have a dumpster enclosure in the alleyway because of the water drainage that takes place there. Everything has to be fairly mobile in the winter because the ice builds up, and when they unload through the door it is a safety issue. If we put the dumpster inside, it smells. There is not a lot of extra room. He has a trailer parked behind the building and uses it about once a week for temporary type storaae. You need to have a little consideration for the older buildings and the alleyways. Councilmember Bolkcom asked Mr. Hickok what the issue with the trailer was. Mr. Hickok stated that they are typical for outdoor use on a site. It must be screened in the rear or side yard from adjacent properties. It would take a special use permit to allow a trailer to stay outside, but up to fifty percent of principal floor area of the building could be provided on site provided they screen it from the public right-of-way. Councilmember Bolkcom asked if the issue was the screening. Mr. Wensen stated that it was drainage problems. The same with the dumpster. He moves things around wherever he can with the limited space. The water drains right whe:re they get out of our cars and runs down the whole street. They have previously asked the Ciity to drop that alleyway down. The building was built way too lo�v in the first place. Councilmember Barnette asked if an alley was a public right-of-way. Mr. Hickok stated technically, it was. Mr. Wensen stated that an alley is like their backyard. Sometimes fences used for screening are more of a safety hazard. Mr. Hickok stated that right-of-way is defined as anywhere the public has a right to travel. Mr. Steve Smith, small business owner at 7801 Elm St., stated that he keeps the facility nice and neat, but the alley is where he does business. The public should not be there, there are dumpsters and storage there. The front is nice and neat. Mayor Lund asked if it was the same alley where Mr. Wensen's business was located. Mr. Smith stated that it is across the street. Mr. Wensen stated that many small businesses are not too keen on having their special use permits looked at, and sometimes needing to change the sprinkler systems. The industrial park is all small businesses. Mr. Burns, City Manager, asked if sprinklers need to be changed if the square footage of the building is not being changed. � FRIDLEY CITY COUNCIL MEETING OF_SEPTEMBER 9, 2002 PAGE 10 Mr. Hickok stated that they did not, unless sprinklers were planned on being installed outside. Councilmember Bolkcom asked Mr. Hickok if someone has a special use permit already, the City would not ask that anything different be done with the sprinklers, unless the size of the building was changed. Mr. Hickok stated that was correct. Mr. Dave Jensen, 7151 University Ave. NE, stated that his business basically moves materials, trucks, and reloads through the storage facility inside to deliver to the customers. They have always thought about using outdoor storaae, but have had the space indoors. The building is new and they stayed within the guidelines. Their number one concern is with our trucks. He asked if a special use permit or fencing would be required for the four out of five days per week when the trailers are sitting outside. He asked if the trailer was on the property, and not on the road, if it was considered storage. Mayor Lund asked how often he moves the trailers. Mr. Jensen stated that the low rolling type trailers are used once every 30 days, but the others once every two weeks or every day in the winter. The customers have the same problem. They are sending trucks to them to unload. They try to stay within the parking, but wondered if they were going to have problems with over the road truck drivers parking on the street. He said they are open 24 hours a day, 7 days per week to alleviate the traffic and get the product in the building. He does not see any storage possibilities for putting in fences or anything like that. He said they also have a little hinge that goes up and brings cars back down on the rails by the park. - He said they are also worried about that. He said it was a little bit taller than 15 feet. Mayor Lund asked if incidental is what Mr. Jensen is alluding to for storage with his trailers. Mr. Hickok stated that they look at that as having the impact of having the trailers always there. Yes, though there may be a rotation of the trailers, but the trailers are there all the time. Incidental means if the trailer is moved in a couple of days. This is an outdoor storage situation. Parking on the street is an existing problem and it is not permitted for tractor-trailers to leave the trailer on the street. He said they needed to handle all the parking on the site, or expand their parking operation. Mayor Lund asked how old the company was. Mr. Jensen stated that it is 6 years old. There are instances where they are probably guilty of parking their tractor trailers on the street, between shift changes or whatever. The majority of the drivers stay with their tractor-trailer while they are waiting. Councilmember Barnette asked if they are allowed to park at the Columbia Arena. Mr. Jensen stated that they do not have permission to park there. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 9, 2002 PAGE 11 Mr. Hickok stated that it is not allowed. Mr. Richard Harris, 6200 Riverview Tenace N.E., stated that he had a question about the criteria used for the inspections. He received some letters from the City that kept on referring to trailers. He asked what kind of trailers. Mr. Hickok stated that a trailer is not self-propelled on a highway, it is something you pull = behind a vehicle. If they are sitting there, it is considered as storage. Mr. Harris stated that means all trailers. He is having a hard time with the existing and proposed ordinance. He cannot find anywhere in the ordinance where it refers to trailers. Councilmember Barnette stated that it states in the ordinance that special use permits for limited outdoor storage shall not permit the outdoor storage for semi-trucks, semi-trailers, or heavy construction equipment. Councilmember Bolkcom stated that in Section 1, it states that materials and motor vehicles and equipment are to be kept in a building or fully screened. All those things to her are trailers also. Mr. Harris stated that they are not. Is a boat a motor vehicle? Councilmember Bolkcom stated that a trailer would mean equipment to her. Mr. Harris stated that they are licensed though. Councilmember Bolkcom stated that we are here for a public hearing on how we are going to change the ordinance. This will better clarify what is and is not allowed. Mr. Harris stated that the existing ordinances are flawed. Mayor Lund stated that is why we aze here tonight. Mr. Harris stated that they need to look at the existing ordinances. Mayor Lund stated that is why it is being looked at and corrected. Mr. Harris stated that boats and trailers are allowed in the front yard of residential properties. He objects to that. He asked why a curb has to be placed around outside areas for storage. Mayor Lund stated that it is cleaning up the axea. Mr. Harris asked for what reason. Mayor Lund stated it is for drainage. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 9, 2002 PAGE 12 Mr. Hickok stated that industrial sites need hard surface improvement for outdoor storage and the design needs to be approved by the engineering staff. It is important that the site drains properly. Curb and gutter will direct the water to the proper outfall. By law they are not allowed to let storm water drain off into uncontrolled areas. Mr. Hanis stated that the special use permit for outdoor storage shall not be permitted for semi- trucks, semi-trailers or heavy construction equipment. He asked if he could bring his crane - - home. It was in an M-2 district and allowed. Now it is not. Mr. Hickok stated that there is no such thing as grandfathering. Mr. Hickok stated that grandfathering pertains to an activity outdoors and when we talk about grandfathering pre-existing non-conforming structures, for eYample, we are not saying let's clear the Onaway District and start building new. Mr. Harris stated that if this ordinance is passed, Council has outlawed Mayflower and Target. This should be tabled so people are not put out of business. Semis and semi-trailers are clearly stated in the ordinance. Councilmember Barnette asked Mr. Hickok about Mayflower and Target. Mr. Hickok stated that Target is an industrial warehouse site. The trailers do not sit as storage. They continue to move all the time and are constantly in progression to the roadway. That is industrial use which differs greatly from storage. When Steiner Development was contacted about the Mayflower use, they had enormous warehouse space and it is true that it is warehouse space with circulation and dock doors on the back. Steiner was made aware that when the time_ comes and they want to expand, they need to look at outdoor storage. They have devices for screening the back storage area. Councilmember Billings asked if he would consider this to be more restrictive or less restrictive than the ardinance in place today. Mr. Harris stated that in some cases it is workable. In some cases he has problems where it says prohibited. Councilmember Billings stated that most of the_ things prohibited under the proposed ordinance are also prohibited under the existing ordinance. Tonight we are taking testimony only. Any _ reference to Council and staff trying to railroad this is not true. We are trying to be open and honest. We took time to postpone this weeks ago to provide for people to come to the meeting. The proposed ordinance proposed was initiated by staff and intended to make it more ' comparable to the businesses out there. We realize that over the years some businesses may need more outdoor storage and we want to keep those businesses here. Mr. Harris stated that from 1992 to 2000 it was up to interpretation. We cannot even decide what the front yard or front of the buildings are. We should look deeper than this ordinance. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 9, 2002 PAGE 13 Mr. Wensen stated that a licensed trailer should be considered as a storage thing like parking a vehicle. Mr. Ron Odegaaard, 17 - 77`" Avenue NE, stated that he works across the street from Mayflower and was there prior to the building going up. There were a number of trees planted for screening and he does not think he will be alive when the trees are grown. This is a completely industrial neighborhood. Mayflower is a business and does not bother anyone in the neighborhood. The � more difficult the City makes this with moving piles of materials we need to use or pazking for the employees is an inconvenience for a lot of people. Small industrial has an average of 6,400 square feet. He repairs vehicles and he has a storage trailer that he does not use all the time, but needs it to do his business. He said they are not trying to be an inconvenience to the City. MOTION by Councilmember Barnette 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 9:20 P.M. Mr. Hickok stated that the first reading of the ordinance will be held on September 23. The second reading would be in October. Between the first and second reading, further amendments would be made until Council is accepting of the language. After the second reading, it is published and becomes an ordinance. Mr. Burns stated that the second reading would be on October 14. Councilmember Bolkcom stated that she would like to go back and look at the information again before the first reading. The code enforcement issues can then be talked about at a conference meeting. Councilmember Barnette stated that he wanted to reassure everyone that Council is in no way opposed to industrial commercial azeas. It is the lifeblood of the City and we want businesses to stay here. Most are in favor of some kind of conditions and applicable regulations to make the City a better place for all of us. Councilmember Bolkcom stated that we have heard from residents who would like to see azeas cleaned up. There are problems in residential areas alsa Mr. Hickok stated that with respect to systematic inspection in general, staff does not feel that we are at one hundred percent regazding residential. When we talked about moving through the City and being completed with residential, that does not mean that we are done with educating what the ordinance is saying without issuing citations, which is rare. Mr. Burns stated that the vast majority of code violations are resolved without going to court and are a positive process in which we work with the owners. : FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 9, 2002 PAGE 14 Mayor Lund stated that we would try to use the information given today when reviewing this ordinance. He asked if the October 28 meeting would be appropriate for the first reading. Councilmember Bolkcom asked Mr. Hickok if he could send a letter to business owners about the first reading being held on October 28. Mr. Hickok stated that he would. NEW BUSINESS 12. VARIANCE REQUEST, VAR #02-16, BY LARRY REYNOLDS, TO REDUCE THE REQUIED REAR YARD SETBACK FROM 32 FEET TO 14 FEET TO ALLOW THE EXPANSION OF AN EXISTING GARAGE, GENERALLY LOCATED AT 6065 MCHINLEY STREET: Mr. Hickok stated that the existing zoning is R-1, Single Family. The petitioner is Brunn Remodeling and the owner is Lany Reynolds. The size of the lot is 10,360 square feet. Section 205.07.04.D.3, requires a rear yard setback of 32 feet on this property. The petitioner's summary of hardship states as follows: "The existing house with attached garage was built in 1971 and designed to accommodate the needs for off-street parking and storage for the general population at that time. Because of the increase in family members using/driving motor vehicles in general, it is now common to see 3 stall garages on new homes." Mr. Hickok stated that the Appeals Commission at their August 28, 2002, meeting recommended approval with three stipulations. Due to neighborhood opposition, this variance request requires - Council action. Staff has no recommendation, as a similar variance has been granted in the past with VAR #98-16 reducing the rear yard setback from 31' to 13' to allow a home expansion (three season porch). Staff recommended that if granted, the stipulations be included. Mr. Larry Reynolds, 6065 McKinley Street, stated that the issues at the meeting were that everybody thought the addition was going in the wrong direction. There is no problem now that this has been clarified. MOTION by Councilmember Wolfe to approve VAR #02-16 with the following three stipulations: 1) Petitioner shall obtain all necessary building permits prior to construction of any additions; 2) Addition shall be architecturally compatible with existing home; 3) Garage shall not be used for home occupation. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 9, 2002 PAGE 15 6. RESOLUTION NO. 50-2002 SUPPORTING IMPROVEMENTS TO SPRINGBROOK NATURE CENTER COMMENCING OF FUNDRAISING EFFORTS BY THE SPRINGBROOK NATURE CENTER FOUNDATION: Councilmember Barnette stated that this resolution applies only to phase one improvements, and is very clear that operation, maintenance, depreciation of any structures will not become a liability on the City. Councilmember Bolkcom asked if No. 4 could include the fact that more costs will not be incurred by adding a new gateway to the Springbrook Nature Center, and that there was money put away ahead of time. Mr. Knaak, City Attorney, stated asked her if she meant that there are funds available prior to construction so there will be no additional expenditure exposure on behalf of the City. Councilmember Bolkcom stated that was correct. It is not just about construction and operations, but if there is some structure that depreciated, there will be money for that. Mr. Knaak stated that she could add language stating that no construction shall incur until there are sufficient funds deposited with the City so the City at its discretion can both construct and maintain the facilities constructed. Mr. Burns stated that they could add the word depreciation in addition to operation. Operation usually encompasses depreciation. Mr. Knaak stated that depreciation is a term for deterioration whereas maintenance is a term that has to do with ongoing maintenance as a result of deterioration. The concern is that there vvill be enough funds on an ongoing basis so that it could be maintained as it depreciates. Councilmember Bolkcom stated that it would not just be operating with day-to-day expenses, but also maintaining it. Mr. Knaak stated that you could use depreciation, but he is not sure what that would add. Councilmember Billings stated that he understood that this was initially drafted by staff. It was circulated in the packet a couple of weeks ago for changes. Council could put forth any changes we would like to see made and table this item until staff can come up with appropriate language. This would allow enough time to have the Springbrook Nature Center Foundation review it. Mr. Burns stated that Councilmember Bolkcom's suggestion is not outside the original intent of the resolution. Councilmember Bolkcom stated that maybe the Springbrook Nature Center Foundation could speak to Council about that. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 9, 2002 PAGE 16 Councilmember Wolfe asked if the Springbrook Nature Center Foundation would pay the City back for all of its costs for maintenance which takes employees away from their jobs. Mr. Burns stated that they would. Mr. Malcolm Mitchell, Chair of the Springbrook Nature Center Foundation Board, stated that he does not think they would have a problem with the additional phrase suggested. He would just > as soon move forward tonight. Councilmember Barnette stated that it could read: "That all funds raised for construction, operation, maintenance, and depreciation, ... etc.". Mr. Mitchell stated that it could. MOTION by Councilmember Barnette to approve Resolution No. 50-2002. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Barnette to amend the Resolution as follows: "4) That all funds raised for construction, operation, maintenance and depreciation of the Springbrook Nature Center Gateway Project will be deposited with the City of Fridley and set aside in a separate Springbrook Nature Center Gateway Project improvement fund." Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Mitchell thanked Council for their support. Councilmember Wolfe proposed his own idea regarding the high commission priority for the double gymnasium for Fridley. The estimated cost for the Springbrook Nature Center addition is $3,000,000 to $4,000,000. The cost of a double gymnasium is $2,500,000. Raise enough money to build a gymnasium that the City wants and the City gives the Foundation what they need. The Foundation could do this at their pace and the City will still get the double gymnasium. Mr. Mitchell stated that he thinks that this may be unrealistic. The Foundation has always felt that the Springbrook Nature Center is a public/private partnership between a non-profit corporation and the City of Fridley. Mayor Lund asked how often the Foundation meets. Mr. Mitchell stated that they meet monthly and were scheduled to meet tonight. Mayor Lund asked if Councilmember Wolfe's idea has been mentioned to the Foundation. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 9, 2002 PAGE 17 Mr. Mitchell stated that it has not. Mayor Lund stated that Councilmember Wolfe could make a formal proposal to the Foundation. Councilmember Bolkcom stated that she personally does not support it. It is important that it is very clear he is only speaking for himself. Councilmember Wolfe stated that it is only his idea. 4. RESOLUTION PERi1�IANENTLY REVOKING THE TOBACCO LICENSE FOR JA1��ES NICKLOW AND THE SHOREWOOD RESTAURAi�IT LOCATED AT 6161 HIGHWAY 6� N.E. (Ward 2): Mr. Sallman, Director of Public Safety, stated that on March 19, 2002, the Police Department conducted a tobacco compliance check with an underage person attempting to make a purchase of tobacco products. Thirty-two out of thirty-four of the licensees passed. The individual who sells the tobacco is subject to State criminal law. In our civil process, we offer the opportunity to choose a civil process. If they choose not to participate, we turn to the criminal court process. The individual at Shorewood who made the sale did not participate in any civil process and will be going to criminal court in October. The licensee also has had the opportunity to participate in the civil process. Through conversations with Captain Tellers and they conveyed through letters that they were not going to pay the civil penalty. They chose not to participate in the hearing. The ordinance calls for suspension if the fine is not paid. If they chose to withdraw from the process altogether as Shorewood has done, a revocation process is considered. Councilmember Billings stated that Section 12.08 of Administrative Offenses, No. 2 Licensee, states that in the event a licensee participates in the administrative event or procedures but does not pay the monetary fine which may be imposed, the City will suspend the licensee's tobacco license in accordance with Section 12.08(h) of this ordinance. The particular sentence of No. 2 says that the City will suspend the licensee's license in accordance with 12.08(h) but that is in the event that they participate in the process but do not pay the fine. Mr. Sallman stated that was correct. Councilmember Billings stated that earlier in that section it states: "At any time prior to the payment of the administrative penalty and provided for a hearing after, the licensee may withdraw from participation in the procedures in which event the City may permanently revoke the licensee's tobacco license in accordance with the law." It is confusing for people who go through the administrative hearing. If they opt out of the administrative hearing, one could argue that the first section gives the City the right to revoke, but not obligated to revoke. Mr. Sallman stated that suspension is a period of time, revocations are permanent. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 9, 2002 PAGE 18 Councilmember Barnette stated that (h) refers to suspension and No. 2 says it they go through the process and do not pay, we will suspend and may permanently revoke. The City is not mandated to revoke, only suspend. Mr. Sallman stated that is correct. Councilmember Billings stated that the letters from Mr. Nicklow and the employee are contending that the sale did not take place. The April 23 letter maintains that he concurs with her that an independent investigation should take place. He is indicating a disagreement as to whether or not the sale took place. This primary option would have been to request a hearing officer to make the determination. 1�1r. Sallman stated that was correct. Councilmember Billings stated that he is not sure that Mr. Nicklow understood that his only real recourse was the hearing officer because he is making reference to the courts determining who is telling the truth. Mr. Sallman stated that the letter from Captain Tellers was relevant to the hearing e:caminer. The point of the action proposed is because he refused to participate in due process, despite several letters stating that he could lose his license if he did not. Councilmember Billings asked why the recommendation from staff is to revoke and not to suspend. Mr. Sallman stated that the ordinance calls for revocation, but Council can decide what direction to take. Councilmember Bolkcom asked if it was clear in the Apri191etter to Mr. Nicklow about the civil hearing. Mr. Sallman stated that was correct. Mayor Lund asked the Shorewood Restaurant owners why they refused to participate. Mr. Jack Cosentino, son-in-law of Mr. Nicklow and employee of the Shorewood, stated that they have been operating the restaurant for 33 years. They recently suffered a fire and will be out of business for 2 to 3 months. He said the only notification they had for this was the invitation to the City Council meeting. Councilmember Bolkcom asked if they received the letters from the City. Mr. Cosentino stated that the only letter they have was the one asking for the revocation of our license at the City Council meeting. Our employee is telling us that the sale had not incurred and we have yet to prove this is true. We pride ourselves on fine dining and liquor sales. Cigarettes are not our cup of tea and we only make about five cents per pack. There is one cigarette FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 9, 2002 PAGE 19 machine in the establishment which was moved to the interior of the bar area. He said they have the tobacco license primarily for cigars. Councilmember Billings asked if they received the letter from Captain Tellers initially back in April. Mr. Nicklow responded. Captain Tellers responded back, and then you responded back. He asked if he had those letters. Mr. Cosentino stated that he did. Councilmember Billings asked if any notification was received telling them what happened and sorting out the facts. Mr. Cosentino stated that was correct. Councilmember Billings stated that the letters received in March and April told the establishment that the employee may go to Anoka County court, there is no procedure for the restaurant to go to court in Anoka County. If the restaurant wanted to have the hearing, the restaurant needed to request a hearing within 20 days. Shorewood did not make a request. Staff is requesting the revocation because staff assumes you opted out of that process. This is the only recourse the City has left. Mr. Cosentino stated that the documentation that went to Mr. Nicklow was very clear indicating that and that is where the problem has been. We are saying we never had an issue like this before, and have strict rules, education of ID, training programs, and adhere to the rules and regulations. We are also taking out the cigarette machine after the fire due to damage. We appreciate the attention of Council and we will take this up with Captain Tellers. Mayor Lund stated that the letter clearly states that you must have the hearing if you do not want revocation. He is recommending that they have some time because they are a long-standing business. Mr. Cosentino stated that the City has been very good to them. Councilmember Billings stated that he is not sure they can still do the hearing process because the 20-day period is up. He thinks the letter from Captain Tellers was clear. He would like to table this and ask staff to work with the City Attorney to determine whether or not there is an extension of time for an administrative hearing that is legal and warranted; or if the employee is going to Anoka County Court, the licensee could come into agreement with the prosecution of the employee and that may be satisfactory to Council. If it is not legal under our ordinances to offer an extension, we need to determine the facts in some other manner. There is enough question on paper here as to whether or not the violation took place. We could suspend the license tonight for 60 days since they are closed for 90 days anyway. The primary reason for the ordinance is to provide assurance that this will not happen in the future. He said he did not feel comfortable revoking this when there is a cloud on the facts of why we would do this. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 9, 2002 PAGE 20 Mr. Knaak stated that the language is specific requiring a suspension if they do not cooperate in the hearing. We can look into this and see if options are available. You can table an agenda item like this. Mr. Nicklow, owner of the Shorewood Inn, stated that there was no notice, and there was no sale of cigarettes. The machine is going to be taken out anyway. Mayor Lund asked if he understood they now have to work towards a hearing. Mr. Nicklow stated that he did. He asked his employee if he had to participate in the first meeting his employee went to, she stated that he did not have to be there. She was there. They are going to court next month. Mayor Lund stated that this goes against his license too, so he probably does want to participate with the courts. Council may be opting to table this and check out the legalities of extension so this can get resolved. Mr. Burns stated that the court process will occur in early October. He asked if that settled the issue of whether or not this matter happened. Mr. Knaak stated that he would not want to verbalize any conclusions prematurely. Mr. Sallman stated that it is important to note that the court hearing has a level of proof that is beyond reasonable doubt. The level of proof for a civil hearing is a preponderance of the information. MOTION by Councilmember Billings to table the resolution permanently revoking the tobacco license for James Nicklow and the Shorewood Restaurant until such time as staff brings it back. Seconded by Councilmember Bolkcom. Councilmember Bolkcom asked if the Police Department was going to be contacting Mr. Nicklow to set up an administrative hearing, or if it would be after Mr. Knaak has had a chance to review options. Mr. Knaak stated that he would need to look up whether it is possible to have a hearing. Once that conclusion has been reached the decision would be made as to when or if the hearing would be offered. Councilmember Bolkcom asked if staff would communicate with Mr. Nicklow when Mr. Knaak has made the determination. Mr. Knaak stated that was conect. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 9, 2002 PAGE 21 1. FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE BY AMENDING APPENDIX F TO PROVIDE FOR THE ADJUSTMENT OF SALARIES FOR THE MAYOR AND COUNCILME:VIBERS IN ACCORDANCE WITH SECTION 2.07 OF THE CHARTER OF THE CITY OF FRIDLEY: Mr. Harris, 6200 Riverview Terrace, asked what the dollax amount was. Councilmember Bolkcom stated that the Mayor's salary would be $9,636:96, the Councilmember-at-Large's would be $7;915.69, and the three Ward Councilmembers' would be $6,998.22. Mr. Burns stated that this is only a two percent raise. MOTION by Councilmember Bolkcom to approve the first reading of the Ordinance Recodifying the Fridley City Code by Amending Appendix F to Provide for the Adjustment of Salaries for the Mayor and Councilmembers in Accordance with Section 2.07 of the Charter of the City of Fridley. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 5. RESOLUTION NO. 49-2002 APPROVING PLANS AND SPECIFICATIONS, ORDERING THE IMPROVEMENT AND AUTHORIZING ADVERTISEMENT FOR BIDS: MUNICIPAL GARAGE EXPANSION PROJECT NO. 343: Mr. Harris, 6200 Riverview Terrace, asked how much was going to be spent on health and safety, and how much on expansion. Mayor Lund stated that he could not put a dollar amount on that but all the improvements are long overdue and most relate to health and safety or code compliance. Mr. Burns stated that none of it is aesthetic. Councilmember Bolkcom stated that it is to meet OSHA requirements and ADA requirements to have a place for a wheelchair to get from one floor to the next. The females staff only have a tiny little space to change their clothes right now. Councilmember Billings stated that some of it is because of City ordinances. What we are asking businesses to do, we should do ourselves to be in compliance. Mr. Harris asked if that related to the proposed ordinance. Mayor Lund stated that this does not relate to the proposed ordinance. � FRIDLEY CITY COUNCIL NIEETING OF SEPTEMBER 9, 2002 PAGE 22 Councilmember Billings stated that citizens have come forward and told us we do not have dumpster enclosures at City buildings, so we are trying to bring this into compliance. Mr. Harris asked how long the City garage has been in violation of the health and safety situation. Councilmember Bolkcom stated that they could not answer that tonight. - . Mayor Lund stated that there was an OSHA inspection several months back. Mr. Harris asked how they got by this long without all that stuff. Councilmember Bolkcom stated that the issue is that when you start remodeling something is when the OSHA requirements come in. Mr. Harris asked how this would fit with the proposed new ordinance. Mr. Burns stated that it has nothing to do with that. The reasons for this are that we need office space for the office personnel and need to bring offices to the first floor so it is accessible to the public. We do not have adequate lunchroom facilities, nor adequate female employee facilities. We are correcting that by putting in locker room and restroom facilities. Since we are adding on, we had to put sprinklers in the whole building which is a health and safety requirement. It did not kick in until we remodeled, so part of the cost of the $600,000 is sprinklering the building. There is paving in the Capital Improvements Budget for next year. He asked if this was connected to the outdoor storage ordinance. Mr. Hickok stated that there is quite possibly a connection. Councilmember Billings stated that the garage is zoned P, which means City of Fridley property and basically the outdoor storage requirements do not apply to that. Mr. Harris asked how they are with the energy code. Mr. Burns stated that the doors were replaced and that helped the energy situation considerably. Councilmember Bolkcom stated that we have to comply with the energy codes. e MOTION by Councilmember Bolkcom to approve Resolution No. 49-2002. Seconded by Councilmember Barnette. - UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 9, 2002 PAGE 23 12e. VARIANCE REQUEST, VAR #02-13, BY JIM KIEWEL, TO INCREASE THE TOTAL SQUARE FOOTAGE OF ALL ACCESSORY BUILDINGS TO ALLOW THE CONSTRUCTION OF AN ADDITIONAL GARAGE, GENERALLY LOCATED AT 1631 RICE CREEK ROAD NE (WARD 2) (TABLED AUGUST 26, 2002): Mr. Hickok, Community Development Director, stated that the item Councilmember Barnette asked to have added to the agenda pertains to Mr. James Kiewel's variance request. It was originally scheduled to be on tonight's agenda, but was removed at the request of Mr. Kiewel. According to law, he does have 120 days to act on this item. By his request, he also recognizes that he moves into the second 60 day window of time. The City has 60 additional days and before the end of that time, of that date we need to act on this item, with or without any information by Mr. Kiewel. MOTION by Councilmember Bolkcom to remove this item from the table. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Barnette to table consideration of Variance Request, VAR #02-13 by James Kiewel, in order to ascertain the necessary information to study the request, and extend the review period for City Council action an additional 60 days and notify the petitioner in writing of the 60-day extension. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 13. INFORMAL STATUS REPORTS: Mayor Lund stated that everyone is invited to attend the 9/11 memorial program in Fridley. It will be a good program with Rick Kupchella as a guest speaker. Councilmember Bolkcom encouraged everyone to vote on Tuesday. Councilmember Bolkcom stated that the train whistle meeting is on September 24. Mayor Lund stated that Call on the Council is at 6:00 p.m. Tuesday. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 9, 2002 PAGE 24 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 9, 2002, CITY COUNCIL MEETING ADJOURNED AT 10:47 P.M. - ' Respectfully submitted, Signe L. Johnson Scott Lund Recording Secretary Mayor � � CJTY OF FRIDLEY ' �1 T�: FROM: DATE: SUBJECT: AGENDA ITEM CITY COUNCIL MEETING OF SEPTEMBER 23, 2002 William W. Burns, City Manager Deborah K. Dahl,`Hum�n Resources Director September 18, 2002 Council Salaries Attached for second reading is an ordinance to increase Council salaries by two percent (2%) effective January 1, 2003, and for subsequent years. The ordinance was prepared pursuant to Chapter 2.07 of the Fridley City Charter. The annual salaries for the Mayor and Councilmembers during 2003 sha11 be as follows: Mayor: $9,636.96 Councilmember-at-Large: $7,915.69 Councilmember $6,998.22 Staff recommends Council's approval of the second reading of this ordinance. Attachment 1 ORDINANCE NO. AN ORDPIANCE RECODIFYING THE FRIDLEY CITY CODE BY AIVIENDING APPENDIX F TO PROVIDE FOR TI� ADJUSTMENT OF SALARIES FOR THE NIAYOR AND COUNCILMEMBERS IN ACCORDANCE WITH SECTION 2.07 OF TI� CHARTER OF THE CITY OF FRIDLEY _ The City Council of the City of Fridley does hereby ordain as follows: -.. The annual salaries for the Mayor and Councilmembers during 2003 and subsequent years shall be as follows: Mayor $ 9,636.96 Councilmember-at-Large $ 7,915.69 Councilmember, Ward I $ 6,998.22 Councilmember, Ward II $ 6,998.22 Councilmember, Ward III $ 6,998.22 In addition, the Mayor and Councilmembers shall be entitled to the same benefits enjoyed by full-time _ authorized employees of the City of Fridley. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 2002 • ATTEST: DEBRA A. SKOGEN - CITY CLERK First Reading: September 9, 2002 Second Reading: September 23, 2002 Publication: 2 SCOTT J. LUND - MAYOR CITY OF FRIDLEY PLANNING COMMISSION MEETING, SEPTEMBER 4, 2002 CALL TO ORDER: Chairperson Savage called the September 4, 2002, Planning Commission meeting to order at 7:30 p.m. ROLL CALL: Members Present: Diane Savage, David Kondrick, Barb Johns, Larry Kuechle, Dean Saba, Brad Dunham Members Absent: Leroy Oquist Others Present: Paul Bolin, Planning Coordinator Scott Hickok, Community Development Director Tracy Berglun, Director of Catholic Charities Janet Pope, Community Housing Dev. Corp. Peter Kramer, Architect for Brandes Place Neighborhood residents (see attached list) APPROVE THE AUGUST 21 2002 PLANNING COMMISSION MEETING MINUTES: MOTION by Mr. Kondrick, seconded by Mr. Kuechle, to approve the August 21, 2002, Planning _ Commission meeting minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING: Consideration of a Plat, PS #02-03, by Brandes Place Limited Partnership, to replat property into two lots, generally located at 6160 5�' Street NE. 2. PUBUC HEARWG: Consid�ration of a Comprehensive Plan Amendment, CP #02-01, by Brandes Place Limited Partnership, to change a portion of the City's Comprehensive Land Use Plan in order to allow higher density on the property, generally located at 6160 5"' Street NE. 3. PUBLIC HEARING: Consideration of a Rezoning, ZOA #02-01, by Brandes Place Limited Partnership, to rezone property from R-2-Two family Residential and C-3 General Shopping to R-3 General Multiple Units-Residential, in order to accommodate 16 multi-family housing units, generally located at 6160 5`�' Street NE. MOTION by Mr. Kondrick, seconded by Mr. Kuechle, to open combined public hearings #1, #2, and #3, and waive the reading. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 7:35 P.M. 3 PLANNING COMMISSION MEETING, SEPTEMBER 4, 2002 PAGE 2 Mr. Bolin stated that the petitioner and property owner on this request is Brandes Place Limited Partnership, set up for the Brandes Place Project and the Church of St. William. The petitioner is requesting three separate items in order to construct 16 townhome style multi-family units at 6160 5th Street. The Plat is being requested to create a new parcel for the construction of 16 townhomes style multi-family units on the parcel. The Comprehensive Plan Amendment is to change the City's future land use map designating the future use of the newly created parcel as multi-family housing. Rezoning the parcel and the•remaining St. William property to R-3 multi- family would allow the construction of townhouses on the site. The property is bordered on the south by 61St Avenue, on the east by 5"' Street, on the west by University Avenue. The Norwood Square senior building is to the north, and the Moon Plaza shopping center is to the northwest. Mr. Bolin stated that the petitioners are seeking a plat to divide the current St. William property into two separate parcels. The plat creates the lot descriptions necessary for transferring the property from St. William to the Brandes Place Partnership. The creation of the second parcel will allow the lot area needed to construct the proposed townhome units. The proposed Brandes Place lot on the preliminary plat is referred to as Lot 1, and the remaining St. William parcel is referred to Lot 2 on the preliminary plat. The proposed lots both exceed all zoning code requirements regarding lot size and lot width. The proposed �ot 1 of the Brandes Place lot is slightly over one acre in size, and the remaining St. William parcel is nearly six acres in size. The church's building still meets all setback requirements so no non-conformities are being created by this plat process. Also, the Church of St. William actually owns portions of 5th Street, 615t Avenue and the east University Frontage Road. The City has a right to use those for a roadway easement at this time. It is more common for the City to own the streets where the right-of-way is located, and the City will get those through a dedication as pa�t of this plat process from the church. Mr. Bolin stated that staff recommends approval of the preliminary plat with stipulations. Mr. Bolin stated that in the Comprehensive Plan amendment request, the future land use map of the comprehensive plan designating the new Brandes Place parcel proposed on Lot 1, is sought to be changed to Multi-Family residential in the year 2020. Prior to that being rezoned from C-3 and R-2, to the R-3, the future land use map must be changed to show that multi-family residential would be acceptable in the future. A rezoning cannot be done without first changing the future land use map of the Comprehensive Plan. The future land use plan and map visually display the entire land use plan for 2020, and both properties are currently designated as public/semi-public on the future land use map. That designation is placed on all institutional types within the City of Fridley including churches, schools, Unity Hospital, and City buildings. Mr. Bolin stated that the future land use map depicts NonNOOd Square, the commercial to the west where Moon Plaza is, and the St. William campus is public/semi-public. The petitioners are requesting to simply change the portion of the Brandes Place lot to multi-family housing. The remainder of the St. William campus would stay as publiGsemi-public designation. The proposed project of the Brandes Place townhomes does meet many of the guidelines for the comprehensive plan. The design and location will help provide for a positive community image and development of affordable housing for all age groups. The proposed project helps the City further a number of goals for the comprehensive plan. Staff recommends approval of the Comprehensive Plan amendment request with stipulations. Mr. Bolin stated the third and final request is to rezone both of the proposed parcels and the remaining St. William campus to R-3, multi-family. These properties are currently a mix of R-2 �. � PLANNING COMMISSION MEETING, SEPTEMBER 4, 2002 PAGE 3 and the C-3 zoning. The church does not have plans to convert its property to commercial any time in the near future and to make for a cleaner rezoning application. They decided to ask for rezoning of their property as well as Brandes Place property. Mr. Bolin stated that if the zoning is successful, the entire parcel would become R-3 and this would be an extension of the Norwood square property to the north which is already R-3. The law gives the City authority to rezone property from one use to another so long as the rezoning � is in conformance with the comprehensive plan. The granting of the request will not result in spot zoning as it will be an expansion of the existing R-3. There is very little developable land in .: _. Fridley, there are no vacant multi-family lots in� Fridley. This site is unique in that �it borders existing R-3 property. An expansion of that current zoning district would provide an opportunity for some more housing options here 'rn Fridley. Staff recommends approval of this rezoning request with stipulations. Mr. Kuechle asked if the legal description was unusual. Mr. Bolin stated the legal gets cleaned up through the plat process. Mr. Dunham asked if the Norwood Square zoning was changed also. Mr. Bolin stated that it was changed in 1993 to R-3. Mr. Kuechle asked where the City was in meeting its affordable housing goals. Mr. Bolin stated the City currently meets its goals. Mr. Hickok stated that the gap keeps narrowing, however, the City fared very well years back because it had a large number of affordable housing units. This real estate market shifted values upward and the number of units that fit in the affordability range have been diminished somewhat. As a result, Metropolitan Council has been adjusting the affordability ranking. A $160,000 value for a detached single family house would be considered affordable by Met Council rankings, but in today's market, many people cannot afford that. Ms. Savage asked what would be affordable in terms of townhomes according to Metropolitan Council. Mr. Hickok stated that he does not have those figures, but Fridley fares well in apartments in terms of affordability. The detached single family market has been affected by the positive influence of the real estate goal. Ms. Marilyn Wegsheider, 7875 East River Road, stated she is the Director of Social Justice and Outreach at the Church of St. William. The parish leadership and staff decided to see if they could donate some land for housing. The average age of a homeless person in the shelters in the metro area would be 6 1/2 - 7 years old. They are concerned about families having safe, decent, and affordable housing. They went through a process of ineetings with parish council and leadership committees to come to that decision. They felt that people are more important than keeping the land. They are also part of the Norwood Square which was St. William land at one point. Janet Pope, Community Housing Development Corporation of Catholic Charities, is the grant writer. 5 PLANNING COMMISSION MEETING, SEPTEMBER 4, 2002 PAGE 4 Ms. Pope stated that her corporation is a partner in the Brandes Place Limited Partnership with Wel(s Fargo as an investor. They are a non-profit developer with over 2,000 units and are the largest owner of multi-family affordable housing in the State. This project will be permanent housing for working families. They have partnered with Catholic Charities in the past because Catholic Charities is skilled in managing populations that have challenges in their lives. They are looking at low income families that need help with work with jobs, transportations, linkages with other services in the community. They have very high standards for their housing. They will keep in touch with Catholic Charities and the housing. They agree with all the stipulations. Ms. Tracy Berglun, Catholic Charities, stated that Catholic Charities would be managing this - project Catholic ChaTities has 25 years of managing housing in the metro area and manages 500 units right now. They will have an on-site caretaker at this site,- and a service coordinator will link folks the services they might need in the community as well as property management caretakers. Thorough background checks will be done on each application. Ms. Savage asked what kind of background check they do. Ms. Berglun stated they do criminal record background checks. Anyone who has a history of arson, high level sex offense, and serious crimes or narcotic charges will not be permitted. Mr. Peter Kramer, architect for the Community Housing Development Corporation and Catholic Charities, stated that he is working on this project for St. William. This is 16 units of permanent housing in a townhouse configuration with nine two bedroom units and seven three bedroom units. It will front 5`� Street NE. There was a lot of discussion in how to access this site with the existing topography. They ended up with four buildings with four units each. An entrance at the middle q�oes to the parking lot and the play area in the back of the site. By locating the buildings _ along 5 at the street level, they are able to take advantage of a one-story b�eak in the sites so that they could do finro story townhouses that are consistent with the architectural character of the street but have walkouts at the back. By dividing the units in a cluster of four, they were able to create penetration into this site between the buildings and also at the drive area so it gives some visual connection to the back of the site and more than just the center area. The design will be cottage-like with low sloped roofs and connected in the middle with plantings and a front porch for each unit. On the rear walkout area, there will be small private landscaped gardens for each one of the units and parking at that level. They are proposing to use cement board siding and trim at the lower level. The walls between the units would be colored masonry. Mr. Kramer stated that the front would be fully landscaped as the drive to the back and there will be a central play area. The trash enclosures would be at either end. They have reviewed the building plans with staff, and staff did not find any problems. They are in the process of approval for the ponding issues identified in stipulations. They have met the criteria and do not find stipulations to be restrictive. Mr. Kuechle asked how high above stre�t level this would be. Mr. Kramer stated it would be two stories and the back will be three stories facing the church. Ms. Savage asked what the price of each townhome would be. Mr. Kramer stated these are all rentals. � PLANNING COMMISSION MEETING, SEPTEMBER 4, 2002 PAGE 5 Ms. Pope stated that the rents are set between $800-$1,000 per month, but they have Section 8 subsidies on all of them except for the caretaker unit. Everybody in 15 of the units will pay no more than 30% of their income. Mr. Dunham asked how many square feet the units are. Mr. Kramer stated that they are 1,400 square feet not including the basement. Ms. Johns asked if the trash enclosures have recycling space as welL Mr. Kramer stated they always include recycling as part of the space. Mr. Kuechle asked if the 1,400 square feet was on the two upper floors. Mr. Kramer stated that it is on the two upper floors. The third bedroom units would be a little bit bigger. Ms. Christine Garrety, 1051 67th Avenue NE, stated she has lived in Fridley since 1945 and is a member of St. William Church. A meeting was recently held at the Community Center with 62 people there; 42 were over 80 years old. The 2000 census states that there are 3,281 people in Fridley over age 65. In three years, 1/3 of the population will be over 65. They really need more senior housing. Ms. Savage asked if she was opposed to this project. Ms. Garrety stated that she was. Mr. Jim Saefke, 6131 5`f' Street, stated that he is in favvr of the development. It will be attractive and wetl managed. Families need a break and he knows too many peopfe that need a place to live through circumstances beyond their control. That would be through divorce, injury, death, illness, or when one of the breadwinners becomes incapacitated. Mr. Don Mahr, 6181 5�' Street, stated he does not want to see this project built. The senior center is right there also, and he is fine with another senior center. Mr. Myron Helgert, 6030 2"d Street, stated that he appreciates diversity of people, incomes, talents, cultures. He is looking forward to even old people in Brandes Flace, because he is sure they will have many talents, skills, and gifts to share with one another. Ms. Jean Coyle, 6271 6�' Street, stated that she has lived here for 43 years. They as parishioners of St. Williams Church had no say so in this land being given away. There was nothing publicized. The people on 5�', 6�', and 7�' Street, facing this development are seniors. Next door there is Norwood Square, which is seniors. Why would they want a family dwelling in there with children and the noise of children, teenagers, and the traffic? They want to keep this a senior neighborhood. They pay the bills at this church and why did we not have a say so in what was going to be done with this land? It is unfair. Mr. Tom Myrha, 6360 Able Street, stated that he has lived in Fridley for about 40 years. They have liked the area for the schools, and it is a good place to raise kids. They have never wanted to leave Fridley. Thi�ty years ago he was on the Planning Commission, and they felt they would change zoning only for extreme cases, and they would not ever change the 7 PLANNING COMMISSION MEETING, SEPTEMBER 4, 2002 PAGE 6 complexion of the neighborhood. He has found, in all of his school teaching experience, that there is a direct retationship between the subsidized housing and school performance. Why should they put 16 families in the area where there should be four families? Is this part of the comprehensive plan? Where did this come from to get multi-family housing in single family housing neighborhoods. Mr. Brian lacono, 6081 4�' Street, asked how this Section 8 subsidy is worked out with who are - selected. Ms. Pope stated that Anoka County residents will have preference; and they neecf to get those residents on Met Council lists. Doing marketing like other apartments will be done, but they will work with social service agencies in Anoka County. Mr. Ed Sworsky, 491-61St Avenue, stated that he is upset about this because the parish did not notify him that they are giving this land away. The first people who move in here may be in there for 30 or 40 years. He has lived in his house for 40 some years and watched many changes occur in Fridley. Who is going to pay for this? The church will work with Catholic Charities, and that may mean that they are going to contribute some more money to this. Can they discuss this project again when it goes to the City Council? Ms. Savage stated that if this is approved or denied, it will go to the City Council, and everyone will have the opportunity to speak again. She stated members of St. Williams may want to deal with the church directly about the other issues before the City Council meeting when the final decision will be made. Mr. Sworsky stated that the school could not handle all of these extra children of approximately 48. Mr. Eldon Eggerud, 5870 5�' Street, stated that anytime you have subsidized housing, property values always seem to go down. He is against this project. Ms. Gwen Veerhert, 1040 67`h Avenue, stated that she was a property owner of Section 8 rentals, and it turned out to be a nightmare. Mississippi Street has Section 8 and the police respond to that area quite frequently. That may be a concern and she is against this project. Mr. Barney Buss, 6050 5�' Street, asked if there will be future buildings beyond these first 16 units on parcel 2. The article in the Star Tribune regarding this housing stated that the new programs are to give shelter and support to childless adults with emotional and social barriers, impoverished families in crisis and immigrants, particularly Hispanics." He has heard many inconsistent remarks, and credibility is a major concern. The principle of democracy is violated by the process of St. William by not allowing the parishioners to vote. Moving this through as quickly as possible did not allow the parishioners to be made aware of it. It took only six days for the church to move this through. When the people objected, they said "too late, it is a done deal." Other organizations have used this tactic to circumvent democracy, and the residents must stand up to these violations of democracy. A proposal is to let them go ahead with the project for seniors only. This will accomplish affordable housing, and this will improve the church's image. The impact on the schools will be none, and neighbors would be more willing to help seniors as opposed to the younger families. There would be more compatibility and reduced traffic and noise. Last week's Focus News reported Wellstone's comment that affordable housing is desperately needed for seniors. This neighborhood is objecting completely to the way it is proposed now. : PLANNING COMMISSION MEETING, SEPTEMBER 4, 2002 PAGE 7 Ms. Dee Larson, 6161 5�' Street, stated she lives right across the street from where the entrance will be. She is a single mom of three kids and is struggling and may lose her home due to unseen circumstances. It is a lot easier for her to get out, get a job, and get herself on her feet than it would be for senior citizens. There is a definite need for senior housing. She has worked with Blanket of Hope and has personally seen the struggle seniors have. Her ex- husband owned a business in Moon Plaza, and it suffered because the pond could not hold the water that was there. Excess parking on the front of 5�' Street concerns her also. Ms. Pat.Dufresne, 6121 5�' Street, stated that she supports this and is happy to be part of a . community that would support the nee�is for struggling families. Diversity is heal#hier and she felt she was invited and included in the meetings at St. William. Ms. Mary Heinen, Sister at St. Joseph, stated that after the tornado in Fridley, Fridley came together and was known as friendly Fridley. Common Bond community is the group that built Norwood Square. When she was oriented, she did not like the tone of the people who were against this. Now she is hearing good things about seniors. She wants to support this project, because Norwood Square worked out and people will be productive in Brandes Place and move ahead. Mr. Tom Guza, 6221 5'h Street, stated that all of the values of people's properties will get worse. Things like this take away the rewards of hard work and responsibility. Why does America reward the irresponsible? Mr. Jerome Tiller, 1555 Gardena Avenue, stated that he is in favor of housing for seniors. St. William has done much to provide housing for seniors in Norwood Square, and now they see another urgent need for affordable housing for families that could use help to get ahead. It is a_ beautifully well planned complex. Catholic Charities is a good manager. He hopes the Commission would recommend approval to the Council. Ms. Ellen Roeker, 451 Rice Creek Terrace, stated that she is supportive. She would not want to see her property value go down or her neighborhood fall apart. Catholic Charities will manage this well. She has no guarantee of her own new neighbors and how well they will take care of the property. Ms. Mary Schwartz, 5836 Washington Street, stated that the waiting list for Norwood is so long and people cannot afford it. There should be affordable housing for those seniors. They cannot get a job. She works at a place where people come in and are not insured and they have better care than people who are insured. They are not afraid to come in, and people who are insured are afraid to come in. The system is not working, but they should be teaching people to manage money right. Some of the people on the list for this housing can all go out and get a job. They are not handicapped. Get educated, be responsible, save your money whatever you need to do. If you do not earn it, you do not deserve it. Ms. Laurie Brooks, 5960 4t'' Street, asked how close people can be monitored as time goes on. Is 30% of the income from jobs or welfare? About three years ago, she wrote a check for $5 for Catholic Charities, and she has gotten over 150 requests for more money from them since by mail. Ms. Pope stated that it is 30% of whatever source the income comes from. They are targeting this to working families from Minnesota Housing Finance Agencies and families that are moving from welfare to work. Six units are targeted specifically for that and all the units will for people 0 PLANNING COMMISSION MEETING, SEPTEMBER 4, 2002 PAGE 9 Ms. Pope stated they will be paying the property taxes. The rate worked out with the City wiil be $18,000 per year. Ms. Chris Lauer, 6141 Trinity Drive, stated they moved in just over a year ago due to the fact that Fridley would stand up and give support for affordable housing to all people and not be discriminatory upon them. Dr. E. Switzer, 5870 7�h Street, asked how many children would be going to the schools that would live here. He is a former educator. Ten years ago one out of every six:children were coming from just one apartment building. He wondered what fihis place wou�d look like 30 years from now. He wondered how things will change when different people get involved. Ms. Muriel Sharpe, 5924 5�h Street, stated they are proud of a community that is doing something like this. When neighbors asked them to sign the petition against the project, they refused to sign. She knows of finro instances in the past year where a family was living in their car, so she knows there is a need. She urged the Planning Commission and Council to do some research about Catholic Charities and talk to communities where they currently have houses. Talk to police departments in those neighborhoods and see if calls have increased. Talk to the neighbors of Catholic Charities housing. Mr. Tim Keenan, Moon Plaza co-owner, stated that staff is doing a good job representing this project. He is concerned with the zoning changing around Moon Plaza that it might restrict Moon Plaza in any way. Since the apartment buifding behind the plaza went in, they have had trouble with water collection in the basement. Affordable housing is going to be pushed by Met Council and will be in demand. Mr. Tom Myrha asked how many Commission members live near the development. Mr. Kondrick and Ms. Savage stated that question is not important or relevant. Mr. Myrha stated that it is an important question. Ms. LouiaThompson, 6270 7�' Street, stated that she used to live across from a Section 8 4- plex, and she was always calling the police regarding drugs, etc. She is a single mom and has a 14 year-old-daughter who has a really crowded class. This is not a good idea with added traffic. Mr. Paul Hengel, 5932 6�' Street, stated he has lived in Fridley since 1977. Is there any criteria on how long the people have to live in Anoka County before they can apply for this housing? How thorough are the background checks? They now live in a no-fault society; and if a person has not had an offense for finro years, does that mean the offense is wiped out? Ms. Berglun stated they take things on a case-by-case basis. If there is a pattern of crime, that person will not be a tenant. They choose tenants whom they believe will succeed. They are very careful who they allow in and follow up on any issues that do arrive. They get the applicants' names from the Met Council lists, and she is not sure how one of those residents meet the requirements of the background check. Mr. Sworsky stated that he wants to know where the people will go when or if they are evicted. 11 PLANNING COMMISSION MEETING, SEPTEMBER 4, 2002 PAGE 10 Ms. Berglun stated that when they give notice to folks for non-payment of rent, they will try to see what other resources there are in the community. Mr. Erik Lindquist, 6251 6`h Street, stated it is his understanding that the church will manage this place, and they will also be in charge of visitors? Ms. Pope stated that Catholic Charities will manage the property. Mr. Lindquist stated that the church is already separating from this project. Ms. Pope stated the chureh is collaboratirrg and may, provide mentors, but Catholic Charities will manage the building. Mr. Lindquist asked who is in charge of the facility. Does Catholic Charities understand they will be held accountable for the people placed here? It encompasses the actions of the people living there. He is very opposed to this project because Section 8 housing causes nothing but trouble. He has never seen it promote any well-being for the neighborhood whatsoever. Ms. Dianne Guzik, 1485 66`h Avenue, stated she has a 3-year-old and they work hard to have their small house. All these people coming in their with their culture, the way they raise their children, and their work ethic, is not appropriate for her daughter. We will move if this comes in there. A resident stated he lives two houses across from this project. He believes that two buyers of his neighbor's house did not know about this project. Mr. Chuck Jones, 7430 Van Buren Street, stated that it seems like this is very unfriendly Fridley. It is chaotic. The problems in Fridley and everywhere today are becoming a parental concern. Drugs and traffic are for police to deal with. Everybody deserves a chance to get on his/her feet. Probably one person in every family needs a break at one time in their life. If they screw up you call the cops. Mr. Stan Barble, 6151 5`r' Street, stated that he moved in his house one month ago. After they had signed the agreement, they found out about Brandes Place. They were scared to move in but had to let the finance go through. They did some research when we bought this house as far as the property value reports. People do need a break, so he is undecided. He suggested people take a look at the crime around the Section 8 housing reports. MOTION by Mr. Kondrick, seconded by Ms. Johns, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 9:26 P.M. Mr. Saba stated that he is concerned about this project. He does not like the way it changes the character of the neighborhood. He does not like the path Fridley is taking at this point with inc�eased density. There is a new townhouse development on University Avenue and that will have an adverse impact. He does not agree that this project fits the comprehensive plan as this changes it. He is concerned about the rezoning and this is spot rezoning. They just rezoned this area for senior housing. He is strongly against the proposal and will vote against recommending this to Council. 12 PLANNING COMMISSION MEETING, SEPTEMBER 4, 2002 RAGE 11 Ms. Johns stated that Fridley's population is changing. She is amazed that Fridley's seniors do not support the younger generations and people trying to get a start and the first-time homeowners. The comment was that they will accept seniors going across the street, but not families. That scares her. This is a tough decision. No one really wants this in his or her neighborhood and deal with the problems and troubles. Every community has to deal with this. The City has to meet its numbers and look at housing needs. They cannot change these different cultures impacts by saying do not come into our neighborhood. They do not have the time to do researches for Catholic Charities. Section 8 housing does not have a good reputation. She does not think that she can support this. Seniors in this area may. noi work either with different housing needs without stories. tt is sad to think they are nat�receptive to changes, but she does not know that it is the right step to take. Mr. Kuechle stated that the rezoning and changes in the comprehensive plan are well within the structures the City has. They expect to modify the comprehensive plan from time to time to fit the City's needs and the same is true for rezoning. They already have R-3 here, and he does not feel it is spot zoning because R-3 is adjacent and there is commercial to the back. This may not be the best use of the land, but Fridley should try to offer all kinds of housing. He is confident the Catholic Charities organization will do a good job of managing this property as well as any Section 8 property can be managed. He would vote in favor of this. Mr. Kondrick stated he agreed with Mr. Kuechle. He has listened to everyone's comments carefully and appreciated their concerns. He does not agree with many, however, and would vote for this change and this welcome addition. Ms. Savage stated she agreed with Mr. Kuechle and Mr. Kondrick and does understand the concern. She has been reading of studies of what to do with older first ring suburbs like Fridley where there is no space to develop. The Brookings Institute study about this has recommendations in conformity with what the staff recommendations are here. Part of that is not the picture some of the neighbors had when they first moved in long ago. Multi-family dwellings with more density is recommended, and there are beautiful communities with intense density. She looks at the VPA records every day, and the proposals made here show strong reliable attempt to keep this a good neighborhood and make sure they are good tenants. They have this need, and she would vote in favor of the project. Mr. Dunham stated that he is not comfortable with changing the zoning. Befinreen the R-1 and the R-3, it seems to be a little bit higher density than he would like to see here. Mr. Saba stated that the neighborhood already has significant amounts of Section 8 and multi- family housing in this area. He thinks it is too much now. With this kind of housing, you wind up with people that do not have an ownership in the community. That creates other problems. One neighborhood can only take so much, and this neighborhood has more of this housing than any neighborhood in the City of Fridley should have to tolerate. MOTION by Mr. Kuechle, seconded by Mr. Kondrick, to recommend approval of PS #02-03 with the following stipulations: 1. The petitioner shall dedicate street right-of-way as indicated on Preliminary Plat drawing. 2. The petitioner shall obtain all necessary permits prior to construction. 3. The petitioner shall identify ponding area and provide easements for stormwater run-off and management. 4. A storm pond maintenance agreement must be filed prior to issuance of building permits. 5. The petitioner shall obtain any required NPDES Permit and NURP ponding for entire site. 13 PLANNING COMMISSION MEETING, SEPTEMBER 4, 2002 PAGE 12 6. City Engineering staff shall review and approve grading and drainage plan prior to issuance of building permits. 7. Code required refuse and recycling enclosures must be installed. 8. A landscape plan shall be reviewed and approved by City staff prior to issuance of building permit. 9. The petitioner shall pay any required park dedication fees. 10. The petitioner shall provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 11. The property owner of record at time of building permit application shall pay the cequired park fees prior to issuance of building permi#s. 12. The property owner of record ax time of building permit application shalt pay all water-and sewer connection fees prior to issuance of a building permit. UPON A VOICE VOTE, COMMISSIONERS KONDRICK, KUECHLE, AND SAVAGE VOTING AYE, COMMISSIONERS JOHNS, SABA, AND DUNHAM VOTING NAY, CHAIRPERSON SAVAGE DECLARED THE MOTION TIED 3-3. MOTION by Mr. Kondrick, seconded by Mr. Kuechle, to recommend approval of CP #02-01, with the following stipulations: 1. The petitioner shall dedicate street right-of-way as indicated on Preliminary Plat drawing. 2. The petitioner shall obtain all necessary permits prior to construction. 3. The petitioner shall identify ponding area and provide easements for stormwater run-off and management. 4. A storm pond maintenance agreement must be filed prior to issuance of building permits. 5. The petitioner shall obtain any required NPDES Permit and NURP ponding for entire site. 6. City Engineering staff shall review and approve grading and drainage plan prior to issuance of building permits. 7. Code required refuse and recycling enclosures must be installed. 8. A landscape plan shall be reviewed and approved by City staff prior to issuance of building permit. 9. The petitioner shall pay any required park dedication fees. 10. The petitioner shall provide p�oof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 11. The property owner of record at time of building permit application shall pay the required park fees prior to issuance of building permits. 12. The property owner of record at time of building permit application shall pay alt water and sewer connection fees prior to issuance of a building permit. UPON A VOICE VOTE, COMMISSIONERS KONDRICK, KUECHLE, AND SAVAGE VOTING AYE, COMMISSIONERS JOHNS, SABA, AND DUNHAM VOTING NAY, CHAIRPERSON SAVAGE DECLARED THE MOTION TIED 3-3. MOTION by Mr. Kuechle, seconded by Mr. Kondrick, to recommend approval of the ZOA #02- 01 with the following stipulations: 1. The petitioner shall dedicate street right-of-way as indicated on Preliminary Plat drawing. 2. The petitioner shall obtain all necessary permits prior to construction. 3. The petitioner shall identify ponding area and provide easements for stormwater run-off and management. 4. A storm pond maintenance agreement must be filed prior to issuance of building permits. 14 PLANNING COMMISSION MEETING, SEPTEMBER 4, 2002 PAGE 13 5. The petitioner shall obtain any required NPDES Permit and NURP ponding for entire site. 6. City Engineering staff shall review and approve grading and drainage plan prior to issuance of building permits. 7. Code required refuse and recycling enclosures must be installed. 8. A landscape plan shall be reviewed and approved by City staff prior to issuance of building permit. 9. The petitioner shall pay any required park dedication fees. 10. The petitioner shall provide proof that any existing wells or individual sewage treatment systems iocated on the site are properly capped or removed. 11. The property owner of record at:time of building permit apptication shall pay the required park fees prior to issuance of bt�ilding permits. 12. The property owner of record at time of building permit application shall pay all water and sewer connection fees prior to issuance of a building permit. UPON A VOICE VOTE, COMMISSIONERS KONDRICK, KUECHLE, AND SAVAGE VOTING AYE, COMMISSIONERS JOHNS, SABA, DUNHAM VOTING NAY, CHAIRPERSON SAVAGE DECLARED THE MOTION TIED 3-3. Ms. Savage stated this will go to Council on September 23 at 7:30 p.m. 4. RECEIVE THE MINUTES OF THE AUGUST 14 2002 APPEALS COMMISSION MEETING: MOTION by Mr. Kuechle, seconded by Mr. Kondrick, to receive the minutes August 14, 2002, Appeals Commission minutes.. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. OTHER BUSINESS: Mr. Bolin stated that Julie Jones, Environmental Planner, asked him to pass out a handout regarding the Springbrook Nature Center program for municipal official training for education regarding problems with water quality in the community. ADJOURNMENT: MOTION by Mr. Kondrick, seconded by Ms. Johns, to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE SEPTEMBER 4, 2002, PLANNING COMMISSION ADJOURNED AT 9:42 P.M. Respectfully submitted, . � Sig L. Johnso Recording Secretar� 15 '� CITY OF FRIDLEY SIGN-IN SHEET PLANNING COMMISSION MEETING L�e�t'emb�' Li � �G�c:� --------------------------------------------------------------------------- --------------------------------------------------------------------------- Name and Address Agenda item of Interest � il,,� q S�s1/ C �C. $ v ; �% � O �° � - „S� � S�, I`f � �i6a .� c � .ti/ �l4 C �� / _ � �� h G'-� ��, � ��, � / I,� Z .c ,� ?� l' D � % -� %G�� o ,- r-, �� c ��-v� ,S�-/�.�, ��so -s�s� l�. � � 0 1- s ` - �T � �_ . � ,�a 2�5�� U� �� . �� --- l�so I�� 9pS" it:� r�. � ; � r , �(�LA � � /'�� / , �� i /n , t� z�. i , 1,�, .(,� "Cl,,,Uyrw � a � �� y �� '�' �, � �� c.�' f�- �,' .f[,ti-� ,' /� � ,� � ��- '�-�., j� ��!n�k �� : �v `,�C � L%vl � � �� rn 5 -; �.' �", ,, ,�1�� 4Z �:�2.L / y.;L„�' . J � t��< < �� ;cK- S �Z� � , C.�Ue� � � ��'�a /��%-� �t' ��-7i S��— i¢ G� 1 C �'� S� �i'�i, `Z� %/ 3�� _"�'?��7` ' S-�7+G, - S-S f- ��Zc% �i`� � 7'�%�t- �� 5-�� - � �-, . y1 e. S � zs� ��t St. r� �- � � y� s� �v.�' - s �'s� � �>> s �, �v �� !,� �/ 5"�l, S�`- �� /�`� �S�- �i�� s ;l �� '�� /� C� (�G �� %��n�u��si � � S�y z� /��_ , � z � �`�; � - �4M � S-� �c 6 �r st �1� � � ��,�,, 6�� - - ��-�-��._. �.,�o„ '1 � �f � �/� S� Cv 3� ��.%� �/��f/�1�� G� S�"�'�S�- ��/ N� S fve 7 6/ �o � f�, s t�' NE ' � ��'�",�a '%�nc ��l l `(��'> ��. �fc �/'rcr�1 ��c��G C��/ y �� 5 fi, �1�_. �r�L,� .� . ��,, �s; 6� s� �-��sr.�� 17 ��' 7� �� /� n ' , �. �, �� t� %?/ � t �U i� � � �c�.� �v f �� /l�� \ J 1 CITY OF FRIDLEY SIGN-IN SHEET PLANNING COMMISSION MEETING � �1"��P� ��G�C� � - Name and Actdress Agenda item o� interest �fa�� „�.- � �.,��. �, r f r � � i % � • �` � � � 4 � \ � 1� ).4 � t r-�. `L ( l �('1 t1i �U 3� • L`�?'I �1 � IQ r d_ �L� r� �� S 0� ' � /l��o �...� �� A , � � �/, �, �1 /�� ,r�� --- �'r �v � u . �� ;r � ��/o -- (�'�' ,��'�l � .� �. 7%- � �.Sf - /1/ E � �� . n n� n n i ,� � � � �, , � � "`i �� ,, 'L � \ %'`��-�f--� r i �� ; �.; � � � � , � _ `� � , � � �a7�a � .. Gr i� - _� � � � � 3 ! � � �1 � �i� ; � �'� i � r7 � ��-��de 5 � � / , / �.,�, � � P,��. r� c / � Q �' � = AGENDA ITEM CITY COUNCIL MEETING OF SEPTEMBER 23, 2002 CRY OF FRIDLEY 0 ' TO: WILLIAM W. BURNS, CITY"MA�1AGEi2 °�� "' � FROM: RICHARD D. PRIBYL, FINANCE: DIRECTOR ,- SHARON FETTING, SPECIAL ASSESSMENTS SUBJECT: RESOLUTION DIRECTING PREPARATION OF THE ASSESSMENT ROLL FOR THE 2002 NUISANCE ABATEMENT DATE: September 16, 2002 Attached you will fmd the resolution directing preparation of the assessment roll for the 2002 Nuisance Abatement. This project included 4 properties. The assessment will be for 1 year at a rate of 6.5%. RDP/sf Attachment 0 ❑ 19 a RESOLUTION NO. -2002 RESOLUTION DIRECTING PREPARATION OF THE ASSESSMENT ROLL FOR THE 2002 NUI5ANCE ABATEMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY, NIIlVNESOTA, AS � FOLLOWS: 1. It is hereby deternuned that the assessable cost to the following named improvement to wit 2002 NUISANCE ABATEMENT including all incidental expenses thereto is estimated at $2,824.76. 2. The City Clerk shall forthwith calculate the proper amounts to be specially assessed for said improvement against every assessable lot, piece, or parcel of land benefited by said improvement according to law. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS _ DAY OF , 2002. SCOTT J. LUND - MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK 2� � AGENDA ITEM � CITY COUNCIL MEETING OF SEPTEMBER 23, 2002 pT1f OF FRIDLEY TO: WILLIAM W.' BURNS, CITY MANAGER ��. � FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR SHARON FETTING, SPECIAL ASSESSMENTS SUBJECT: RESOLUTION DIRECTING PUBLICATION OF THE PUBLIC HEARING NOTICE FOR THE 2002 NUISANCE ABATEMENT DATE: September 16, 2002 Attached you will find the resolution directing publication of the public hearing on the assessment roll for the 2002 Nuisance Abatement. This included some clean up and lawn service for 4 properties. The total assessment will be $2,824.76. The Public Hearing Notice will be published in the Sun Focus newspaper on October 3, 2002 as required by State Statute. RDP/sf Attachment 21 � RESOLUTION NO._-2002 RESOLUTION DIRECTING PUBLICATION OF HEARING ON THE PROPOSED ASSESSMENT ROLL FOR THE 2002 NUISANCE ABATEMENT WHEREAS, by resolurion passed by the City Council on the 23`d Day of September 2002, the City - Clerk was directed to prepaze a proposed assessment of the cost of Nuisance Abatement; and WHEREAS, the City Clerk has notified the Council that �uch�praposed assessment roll has been completed and filed in her office for .publie inspection. • NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley, Anoka County, Minnesota, as follows: 1. The City Council shall meet at the Fridley Municipal Center in the City of Fridley, Anoka County, Minnesota on the 28`h Day of October, 2002 at 7:30 o'clock P.M. to pass upon the proposed assessment for: 2002 NUISANCE ABATEMENT 2. The City Clerk shall publish notice of the time and place of ineeting in the official newspaper of the City at least two (2) weeks prior to such meeting. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS _ DAY OF , 2002. SCOTT J. LUND - MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK 22 CITY OF FRIDLEY, ANOKA COUNTY, MINNESOTA PUBLIC HEARING Notice is hereby given that the City of Fridley City Council will conduct a public hearing at 7:30 p.m. on October 28, 2002 in the Council Chambers at 6431 University Avenue, to consider, and possibly adopt, the proposed assessment for the following improvements: 2001 STREET IMPROVEMENT PROJECT Project #2001-1 Assess 10 years @ 6.5% Interest $87,746.28 Moore Lake Hills Neighborhood � UTILITY PROJECT Assess 15 years @ 6.5% Interest � Project #342 2002 NUISANCE ABATEMENT 1110 Lynde Drive 7300 Hayes Street 5541 5�' Street 1424 Osborne Road $11,150.60 Varichak Addition $ 2,824.76 Assess 1 year @ 6.5% Interest The proposed assessment rolls are on file for public inspection at the Finance Office. Notices are being mailed to all property owners. Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount of an assessment unless a signed, written objection is filed with the clerk prior to the hearing or is presented to the presiding officer at the hearing. The council may, upon suchnotice, consider any objection to the amount of a proposed individual assessment at an adjourned meeting, upon such further notice to the affected property owners, as it deems advisable. An owner may appeal an assessment to district court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk. The City of Fridley has adopted Resolution No. 14-1995 deferring special assessment payments for senior citizens. The City Council may defer the payment of special assessments for any homestead property owned by a person 65 years of age or older for whom it would be a hardship to make the payments. Publish: October 3, 2002 Scott J. Lund Mayor 23 a CfTY OF FRIDLEY TO: FROM: AGENDA ITEM CITY COUNCIL MEETING OF SEPTEMBER 23, 2002 WILLIAM W. BURNS, CITY MANAGER ��• � RICH�IRD D. PRIBYL, FINANCE DIRECTOR SHARON FETTING, SPECIAL AS5ESSMENTS SUBJECT: RESOLUTION DIRECTING PREPARATION OF THE ASSE55MENT ROLL FOR THE STREET IMPROVEMENT PROJECT NO. ST. 2001-1 DATE: September 16, 2002 Attached you will find the resolution directing prepazation of the assessment roll for the Street Improvement Project No. St. 2001-1. This project included 103 properties. Ten of the property owners petitioned the City to replace their existing concrete curb and gutter. The assessment will be for 10 yeazs at a rate of 6.5%. RDP/sf Attachment Ii : 0 RESOLUTION NO. 2002 RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATIQN OF PROPOSED ASSESSMENT FOR THE STREET IMPROVEMENT PROJECT NO. ST. 2001-1 WHEREAS, the costs for the Street Improvement Project No. ST. 2001-1 have been determined to be $863,582.75 for the contract price for such improvement and $9,878.86 for expenses incurred in the making of such improvement so that the total cost of the improvement is $873,461.61. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL,OF FRIDLEY, MINNESOTA: The portion of the cost of such improvement to be paid by the City is hereby declared to be $785,715.33 and the portion of the cost to be assessed against benefited properry owners is declazed to be $87,746.28. Assessments shall be payable in equal installments extending over a period of 10 years, the first of the installments to be payable on or before the first Monday in January, 2003 and shall bear interest at the rate of 6.5 percent per annum from the date of the adoprion of the assessment resolurion. The Finance Director, with the assistance of the City Engineer, shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regazd to cash valuation, as provided by law, and he shall file a copy of such proposed assessment in his office for public inspection. The clerk shall upon the completion of such proposed assessment, norify the Council thereof. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 2002. SCOTT J. LUND - MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK �� CfTY OF FRIDLEY TO: FROM: AGENDA ITEM CITY COUNCIL MEETING OF SEPTEMBER 23, 2002 W BURNS CITY MANAG�R .��. WILLIAM . , � RICHARD D. PRIBYL, FINANCE DIRECTOR SHARON FETTING, SPECIAL ASSESSMENTS SUBJECT: RESOLUTION DIRECTING PUBLICATION OF THE PUBLIC HEARING NOTICE FOR THE STREET IMPROVEMENT PROJECT NO. ST. 2001-1 DATE: 16, 2002 Attached you will find the resolution directing publication of the public hearing on the assessment roll for the Street Improvement Project No. ST. 2001-1. This project included 103 properties. These properties will be assessed a total of $87,746.28. The Public Hearing Notice will be published in the Focus newspaper on October 3, 2002 as required by State Statute. RDP/sf Attachment 26 RESOLUTION NO. -2002 RESOLUTION DIRECTING PUBLICATION OF THE HEARING ON THE PROPOSED ASSESSMENT FOR THE STREET IMPROVEI�IENT PROJECT NO. ST. 2001-1 WHEREAS, by resolurion passed by the Council on September 23, 2002, the Finance Director was directed to prepare a proposed assessment of the Street Improvement Project No. ST. 2001-1, AND WHEREAS, the Finance Director has norified the council that such proposed: assessment has been completed arsd filed by his office for public inspection; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FRIDLEY, MINNESOTA: A hearing shall be held on the 28`h day of October, 2002 in the City Hall at 730 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. The Finance Director is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing and he shall state in the notice the total cost of the improvement. He shall also cause mailed norice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City of Fridley, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of the assessment. He may at any time thereafter, pay to the City of Fridley the enrire amount of the assessment remaining unpaid, with interest accrued to December 31 of the yeaz in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 2002. ATTEST: DEBRA A. SKOGEN - CITY CLERK SCOTT J. LUND - MAYOR 27 CITY OF FRIDLEY, ANOKA COIINTY, MINNSSOTA PIIBLIC HEARING Notice is hereby given that the City of Fridley City Council will conduct a public hearing at 7:30 p.m. on October 28, 2002 in the Council Chambers at 6431 University Avenue, to consider, and possibly adopt, the proposed assessment for the following improvements: 2001 STREET IMPROVEMENT PROJECT Project #2001-1 UTILITY PROJECT Project #342 2002 NUISANCE ABATEMENT 1110 Lynde Drive 7300 Hayes Street 5541 5�' Street 1424 Osborne Road Assess 10 years @ 6.5% Interest 587,746.28 Moore Lake Hills Neighborhood Assess 15 years @ 6.5% Interest $11,150.60 Varichak Addition S 2,824.76 Assess 1 year @ 6.5% Interest The proposed assessment rolls are on file for public inspection at the Finance Office. Notices are being mailed to all property owners. Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount of an assessment unless a signed, written objection is filed with the clerk prior to the hearing or is presented to the presiding officer at the hearing. The council may, upon suchnotice, consider any objection to the amount of a proposed individual assessment at an adjourned meeting, upon such further notice to the affected property owners, as it deems advisable. An owner may appeal an assessment to district court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk. The City of Fridley has adopted Resolution No. 14-1995 deferring special assessment payments for senior citizens. The City Council may defer the payment of special assessments for any homestead property owned by a person 65 yeazs of age or older for whom it would be a hardship to make the payments. Publish: October 3, 2002 Scott J. Lund Mayor : � AGENDA ITEM � CITY COUNCIL MEETING OF SEPTEMBER 23, 2002 CfTY OF FRIDLEY . TO: WILLIAM W. BURNS, CITY MANAGER �� _`- FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR SHARON FETTING, SPECIAL ASSESSMENTS SUBJECT: RESOLUTION DIRECTING PREPARATION OF THE ASSESSMENT ROLL FOR THE VARICHAK ADDITION UTILITY PROJECT #342 DATE: September 16, 2002 Attached you will find the resolurion directing preparation of the assessment roll for the Varichak Addition Utility Project #342 which was completed last year. This project was for water and sewer utility lines. The assessment will be for 15 years at a rate of 6.5%. RDP/sf Attachment 29 RESOLUTION NO. _-2002 RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR THE VARICHAK UTILITY PROJECT NO. 342 WHEREAS, the costs for the Varichak Utility Project No. 342 have been determined to be $21,570 for the contract price for such improvement and $1,725.60 for expenses incurred in the making of such improvement so the total cost of the improvement is $23,295.60. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FR3DLEY,I�IINNESOTA: The portion of the cost of such improvement paid by the Develaper, Stephen Varichak is hereby declared to be $12,145 and the portion of the cost to be assessed against benefited property owners is declared to be $11,150.60. Assessments shall be payable in equal installments extending over a period of IS years, the fust of the installments to be payable on or before the first Monday in January, 2003 and shall bear interest at the rate of 6%z percent per annum from the date of the adoption of the assessment resolution. The Finance Director, with the assistance of the City Engineer, shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regazd to cash valuation, as provided by law, and he shall file a copy of such proposed assessment in his office for public inspection. The clerk shall upon completion of such proposed assessment, notify the Council thereof. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS . DAY OF SEPTEMBER, 2002. ATTEST: DEBRA A. SKOGEN - CITY CLERK SCOTT J. LUND - MAYOR 30 � QTY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF SEPTEMBER 23, 2002 TO: WILLIAM W. BURNS; CITY.MANAGER A�� N� FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR SHARON FETTING, SPECIAL ASSESSMENTS SUBJECT: RESOLUTION DIRECTING PUBLICATION OF THE PUBLIC HEARING NOTICE FOR THE VARICHAK UTILITY PROJECT NO. 342 DATE: September 16, 2002 Attached you will find the resolution directing publication of the public hearing on the assessment roll for the Varichak Utility Project No. 342. This project included 2 properties. These properties will be assessed $23,295.60, of which $12,145 was paid by the Developer, Stephen Varichak. The remaining balance of $11,150.60 will be divided equally between the two properties. The Public Hearing Notice will be published in the Focus newspaper on October 3, 2002 as required by State Statute. RDP/sf Attachment 0 31 RESOLUTION NO._-2002 RESOLUTION DIRECTING PUBLICATION OF HEARING ON THE PROPOSED ASSESSMENT ROLL FOR THE VARICHAK UTILITY PROJECT NO. 342 WHEREAS, by resolution passed by the City Council on the 23rd Day of September 2002, the City Clerk was directed to prepare a proposed assessment of the cost of the Varichak Urility Project Na 342; and WHEREAS, the City Clerk has notified the Council that such proposed assessment roll has been �- completed and filed in her office for public inspection. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley, Minnesota, as follows: 1. The City Council shall meet at the Fridley Municipal Center in the City of Fridley, Anoka County, Minnesota on the 28th Day of October, 2002 at '7:30 o'clock P.M. to pass upon the proposed assessment for: VARICHAK UTILITY PROJECT NO. 342 2. The City Clerk shall publish notice of the time and place of ineeting in the official newspaper of the City at least two (2) weeks prior to such meeting. PASSED AND ADOPTED BY 'IHE CITY COUNCIL OF THE CITY OF FRIDLEY THIS _ DAY OF , 2002. ATTEST: DEBRA A. SKOGEN - CITY CLERK SCOTT J. LUND - MAYOR 32 CITY OF FRIDLEY, ANOKA COUNTY, MINNESOTA PUBLIC HEARING Notice is hereby given that the City of Fridley City Council will conduct a public hearing at 7:30 p.m. on October 28, 2002 in the Council Chambers at 6431 University Avenue, to consider, and possibly adopt, the proposed assessment for the following improvements: 2001 STREET IMPROVEMENT PROJECT Project #2001-1 UTILITY PROJECT Project #342 2002 NUISANCE ABATEMENT 1110 Lynde Drive 7300 Hayes Street 5541 5�' Street 1424 Osborne Road Assess 10 years @ 6.5% Interest $87,746.28 Moore Lake Hills Neighborhood Assess 15 years @ 6.5% Interest $11,150.60 Varichak Addition $ 2,824.76 Assess 1 year @ 6.5% Interest The proposed assessment rolls are on file for public inspection at the Finance Office. Notices are being mailed to all property owners. Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount of an assessment unless a signed, written objection is filed with the clerk prior to the hearing or is presented to the presiding o�cer at the hearing. The council may, upon such notice, consider any objection to the amount of a proposed individual assessment at an adjourned meeting, upon such further notice to the affected property owners, as it deems advisable. An owner may appeal an assessment to district court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such norice with the District Court within ten days after service upon the Mayor or Clerk. The City of Fridley has adopted Resolution No. 14-1995 deferring special assessment payments for senior citizens. The City Council may defer the payment of special assessments for any homestead property owned by a person 65 years of age or older for whom it would be a hardship to make the payments. . Publish: October 3, 2002 Scott J. Lund Mayor 33 � � C1TY OF FRIDLEY Name Virginia Wagner Adam Gau AGENDA ITEM CITY COUNCIL MEETING OF SEPTEMBER 23, 2002 App�ointment Position Patrol Officer Partial exempt Patrol Officer Partial exempt Starting Salary $16.26 per hour 2002-2003 contract $16.26 per hour 2002-2003 contract 34 Starting Date Oct. 7, 2002 Oct. 7, 2002 Replaces Shannon Coulter Kathleen Kelley � � CfT'Y OF FRIDLEY AGENDA ITEM COUNCIL MEETING OF SEPTEMBER 23, 2002 CLAI MS 107290-107557 35 � i �! City of Fridie AGENDAITEM City Council Meeting Of Monday, September 23, 2002 � Gas Services Mainte�ance Team Inc 9675 Hamilton Rd STE 400 Jeff Chanen Eden Prairie MN 55344-3426 Robins Refrigeration 8� Heating 12011 285 St Robin Duemke Lindstrom MN 55045- Schadegg Mechanical Inc 225 Bridgepoint Dr Daniel Schadegg S St Paul MN 55075- General Contractor-Commercial Maertens Brenny Construction Co 8251 Main St NE Severin Brenny Minneapolis MN 55432-1849 General Contractor-Residential American Eagle Exte�iors (20159912) 19512 Country Cir E Dave Bormes Rogers MN 55374- L J Roofing (9036) 10151 Foley Blvd Lyle Fisk Coon Rapids MN 5544& Northside Siding (20172687) 6391 Monroe St NE Gina Kilgore Fridley MN 55432- Ruprecht Construction (20339207) 70 River Terrace Paul Ruprecht Monticello MN 55362- 36 Apqroved Bv: _ Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official State of MN State of MN State of MN State of MN Wiger David J Construction (8392) 901 Rice Creek Ter NE Fridley MN 55432 Heatina Construction Mechanical Services 1307 Sylvan St St Paul MN 55117- Global Mechanical 17830 Concord Ct Elk River MN 55330- Maintenance Team Inc 9675 Hamilton Rd STE 400 Eden Prairie MN 55344-3426 Robins Refrigeration & Heating 12011 285 St Lindstrom MN 55045- Schadegg Mechanical Inc 225 Bridgepoint Drive S St Paul MN 55075- Masonrv Arneson Masonry 11516 Preserve Lane N Champlin MN 55316- Beaudette Construction Inc 1913 120 Lane Blaine MN 55449- Plumbina Blaylock Plumbing Co 7731 4 Ave S Richfield MN 55423- � David Wiger Gerald Elert Mike Ring Jeff Chanen Robin Duemke Daniel Schadegg Chad Ameson Tim Beaudette Richard Blaylock 37 Aaaroved By: State of MN Ron Julkowski Building Officiai Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official State of MN v Shiloah Water Co 7319 166 Ave NW Ramsey MN 55303- Roofina Ettel & Franz Roofing Company 2222 Robbins St St Paul MN 55114- ' � Ed Dery Mark Wagner : Aporoved Bv: State of MN Ron Julkowski Building Official � � � L C1TY OF PRIDIEY AGENDA ITEM CITY COUNCIL MEETING OF SEPTEMBER 23, 2002 ESTIMATES Forest Lake Contracting, Inc. 14777 Lake Drive Forest Lake, MN 55025 Hartman Circle Watermain Looping Project No. 347 EstimateNo. 3 ...........................................................................,............. $ 2,530.80 W. B. Miller 6701 Norris Lake Road N.W. Elk River, MN 55330 2002 Street Improvement No. ST. 2002 — 1 EstimateNo. 6 ................................................................. Park Construction Company 7900 Beech Street N.E. Minneapolis, MN 55432 57�' Avenue Sanitary Sewer Improvement Project No. 346 EstimateNo. 3 ........................................................................ Ron Kassa Construction 6005 — 250�' Street East Elko, NIN 55020 ............. $ 46,015.86 .......... $ 70,682.77 2002 Miscellaneous Concrete Repair Project No. 344 Estimate No. 5 ....................................................................................... $ 9,235.09 39 L CTfY OF PRIDIEY Date: To: From: AGENDA ITEM CITY COUNCIL MEETING OF SEPTEMBER 23, 2002 September 17, 2002 William Burns, City Manager Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Subject: Public Hearing For Plat Request, PS #02-03 M-02-107 INTRODUCTION Brandes Place Limited Partnership is requesting three separate land use actions from the City of Fridley in order to construct 16 townhome style multi-family units at 6160 5th Street. The three actions being requested are a Plat, Comprehensive Plan Amendment, and a Rezoning. To date, the public controversy has not been about the land use items, rather, the controversy has been centered on unrelated items: St. William's giving the land away and the families who would be living in the townhome units. Prior to the Planning Commission meeting, petitions with 234 signatures and 89 letters of support for the p�oject, addressed to the Planning Commission, were received. Only one letter against the project was received. Since the Planning Commission meeting an additional 178 letters addressed to the City Council have been received in support of the project and 68 letters against the project were �eceived. Copies have been included in your packet. This memo and the attached staff report only address the land use issues. The Plat is the one action in which the City has the least discretion. Plat denials only hold up in court when the subdivision fails to meet the performance standards spelled out in the City ordinance. Brandes Place LP is seeking a Plat to divide the current St. William property into two separate parcels. The Plat will create the lot descriptions necessary for transferring the property from St. William to Brandes Place LP. The creation of the second parcel will allow the lot area needed to construct the proposed townhome units. The proposed lots both exceed all zoning code requirements in regards to lot size and lot width. The proposed Lot 1(Brandes Place) is 1.17 acres and the proposed Lot 2 .� (remaining St. William campus) is 5.8 acres in size. Further, the proposed Plat will not create any non-conformities for the existing Church of St. William campus. PLANNING COMMISSION RECOMMENDATION At the September 4, 2002, Planning Commission meeting, a public hearing was held for PS #02-03. A number of residents, both for and against the Brandes Place building spoke: After discussion by the Planning Commission, a motio� was made-for the approval of the Plat request, with the stipulations as prese.nted. THE MOTION TO APPROVE FAILED ON A 3-3 TIE VOTE. `' PLANNING STAFF RECOMMNEDATION City Staff recommends approval of the Plat request as the proposed subdivision meets or exceeds all City Code requirements. Staff recommends the following stipulations be placed on approval of Plat. STIPULATIONS 1). Petitioner to dedicate street ROW as indicated on Preliminary Plat drawing. 2). Petitioner to obtain all necessary permits prior to construction. 3). Petitioner shall identify ponding area and provide easements for stormwater run-off and management. 4}. Storm pond maintenance agreement must be filed prior to issuance of building permits. 5). Petitioner shall obtain any required NPDES Permit and NURP ponding for entire site. 6). City Engineering staff to review and approve grading and drainage plan prior to issuance of building permits. 7). Code required refuse and recycling enclosures must be installed. 8). Landscape plan to be reviewed and approved by City Staff prior to issuance of building permit. 9) Petitioner to pay any required Park Dedication Fees. 10) Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 11). Property owner of record at time of building permit application, to pay required park fees prior to issuance of building permits. 12). Property owner of record at time of building permit application, to pay all water and sewer connection fees prior to issuance of a building permit. RECOMMENDED COUNCIL ACTION Hold public hearing and receive comment. 41 City of Fridley Land Use Application CP#02-01, PS#02-03, ZOA#02-01 September 4, 2002 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Brandes Place Ltd. Partnership 6120 5`h Street.NE Fridley, MN 55432 Requested Actions: Comprehensive Plan Amendment to change Future Land Use Map designation from Public/Semi- Public to Housing. Rezoning of Property from R-2 & C-3 to R-3. Plat of property into 2 lots. Purpose: To create lots with the proper zoning to allow the construction of 16 units of mulri-family housing. Existing Zoning. Commercial C-3 & Residential — R-2 Location: 6120 5�' Street NE Size: Total Area: 306,868 square feet 7.05 acres Lot 1: 51,315 square feet 1.18 acres Lot 2: 255,553 square feet 5.87 acres Existing Land Use: Church of St William Surrounding Land Use & Zoning: N:Moon Plaza, C-3 ; Norwood Sq., R-3 E: Single Family Homes, R-1 S: Single Family Homes, R-1 W: University Ave, gas station, C-3 Comprehensive Plan Conformance: Site currently designated as Public / Semi-Public on Future Land Use Map. Zoning Ordinance Conformance: Proposed lots meet or exceed all zoning requirements. Zoning History: Land has been home to St. William since 1964 Existing Legal Description of Property: Refer to attached Plat. 42 Council Action / 60 Day Date: 9/23/02 / 9/30/02 Public Utilities: _ Water and sewer are available at/near the site.� Physical Characterisrics: Relatively flat, typical suburban landscaping. SUMMARY OF PROJECT Petitioner is requesting to amend the City's Futiare Land Use Plan, designating this site for housing, allowing a Rezoning of the property to R-3 Multi- family. The Plat is being requested to create a new parcel for the construction of 16 townhome style multi-family Lmits. SUMIVIARY OF ANALYSIS City Staff recommends approval of the Comprehensive Plan Amendment. -Comp. Plan does encourage a mix of housing. City Staff recommends approval of the Rezoning Request. -Proposed rezoning is an extension of existing R-3 zoning district City Staff recommends approval of the Plat. -Lots meet or exceed all zoning requirements. View of Site From South C P#02-01, ZOA#02-01, PS#02-03 OVERVIEW The requests: Brandes Place Limited Partnership is requesting three separate land use actions from the City of Fridley in order to construct 16 townhome style multi-family units at 6160 5th Street. The three actions being requested are a Plat, Comprehensive Plan amendment, and a Rezoning. All three .items will be examined individually in this report. The Plat is being requested to c�eate a new parcel for the construction of 16 townhome style multi-family units on the parcel. The Comprehensive Plan amendment is to change the City's Future Land Use Map, designating the property at 6160 5th Street for future use as multi-family housing, thus allowing a Rezoning of that property and the remaining St. William property to R-3 Multi-family. Proposed Project: Brandes Place is a proposed townhome development for working families. The 16 units proposed will be comprised of 9 finro-bedroom units and 7 three-bedroom units. The townhomes have been designed to fit into the neighborhood. The architect, Peter Kramer, took advantage of the grade differences on site to design a townhome project that will mimic the height and size of the homes across 5t`' Street. Landscaping and parking in the rear of the building will also add to the "curb appeal" of these units. The Brandes Place development has been a cooperative effort between the Church of St. William, Catholic Charities, and the Community Housing Development Corporation. The Church of St. William donated a portion of their property to Catholic Charities, in 2000, for the purpose of developing housing. Catholic Charities has partnered with Community Housing Development Corporation, the state's largest provider of affordable multi-family housing, to form the Brandes Place Limited Partnership to be eligible for tax credits and other financing tools. The Brandes Place LP has already obtained financing commitments from the Minnesota Housing Finance Agency (MHFA), Anoka County HOME funds, Wells Fargo Bank, and the Sisters of St. Joseph of Carondelet. 43 + Proposed Lot 1 ANALYSIS & RECOMMENDATIONS P/at Request #02-03 Brandes Place LP is seeking a Plat to divide the current St. William property into two separate parcels. The Plat will create the lot descriptions necessary for transfemng the property from St. William to Brandes Place LP. The creation of the second parcel will allow the lot area needed to construct the proposed townhome units. The proposed lots both exceed all zoning code requirements in regards to lot size and lot width. The proposed Lot 1(Brandes Place) is 1.17 acres and the proposed Lot 2 (remaining St. William campus) is 5.8 acres in size. Further, the proposed Plat will not create any non-conformities for the existing Church of St. William campus. Currently, portions of 5`h Street, 61� Avenue, and the East Frontage Road are owned by � the Church of St. William and are available for roadway use through a series of street and utility easements. Through this Plat process, the Church of St. William will dedicate these _ portions of roadway to the City. City Staff recommends approval of the preliminary plat for PS#02-03, with stipulations found at end of this report. Comprehensive Plan Amendment CPA#02-09 In 1998, the City of Fridley began updating the City's Comprehensive Plan. The City's Comprehensive Plan describes itself as a"tool intended to guide future growth and . .� development of the community. It is comprehensive in that it ties together the various elements that make up `the city' including land use, housing, transportation, environment, public facilities and parks and recreation. It is intended to be both a physical and social plan, covering such topics as the locations and character of commercial or residential development (land use) to the affordability of housing (life-cycle housing) and the diversity of jobs". The Comprehensive Plan sets the overall vision for the>City.'s future. The future Jand use . ._ plan and map, a vital piece of the Comprehensive Plan, visually displays the desired:fand use pattern for the year 2020. The St. William / Brandes Place property is designated as Public / Semi-Public on the future land use map. The Public / Semi-Public designation is placed on nearly all institutional type uses within the City, including: churches; schools; Unity Hospital; and City buildings. Brandes Place LP is seeking to amend the future land use map of the Comprehensive Plan, designating the new Brandes Place parcel (proposed Lot 1) as Multi-Family Residential in the year 2020. The City's Zoning Ordinance is the mechanism that helps the City achieve the vision laid out in the Comprehensive Plan. State Statutes, the State Constitution, the US Constitution, and relevant case law give the City the authority to "zone" property and place use restrictions on a property, so long as the zoning is in conformance with the Comprehensive Plan. Prior to the Brandes Place parcel being rezoned from a mix of C-3 and R-2 to R-3, the future land use designation on the site must be changed to Multi-Family Residential in order for the rezoning to be in conformance with the Comprehensive Plan. In short, the Comprehensive Plan is the basis for all rezonings. As the petitioner has stated in their application for the Comprehensive Plan Amendment (attached), the proposed project meets many of the goals spelled out in the Plan. The design and location of the development will help provide for a positive community image and will provide for "the development of affordable housing for all age groups". Due to the fact that the proposed project helps the City further a number of goals from the Comprehensive Plan, staff recommends approval of this request. Citv Staff recommends approval of Comprehensive Plan Amendment #02-01, with stipulations found at end of this report. Rezoning Request ZOA #02-01 The St. William Campus and the proposed Brandes Place lot are currently a mix of R-2 (Two Family) and C-3 (General Shopping Center) zoning districts. Brandes Place LP and the Church of St. William are seeking to rezone both of the proposed parcels to R-3 (Multi- Family). The R-3 designation is necessary for the Brandes Place development and is not an uncommon zoning designation for church property in Fridley. As stated earlier in this report, the City's Zoning Ordinance and official Zoning Map are the mechanisms that help the City achieve the vision laid out in the Comprehensive Plan. The law gives the City the authority to "rezone" property from one designated use to another, so 45 long as the zoning is in conformance with the Comprehensive Plan. The success of the zoning request is dependent upon the success of the Comprehensive Plan amendment. The petitioner has stated that this site is desirable for the development due to the proximity to jobs, parks, and transportation option. The size of the site allows a"positive mixture of housing with open green space will be created with this developmenY'. The rezoning request meets the standard "litmus test" that City;Planner-s use ta d�terr�ine�if .. a rezoning should be granted. The granting of this request will not resulfi in "spot zoning". ._ .. Furthermore, the granting of this request would be an expansion of the existing R-3 zoning just to the North of this property (Norwood Square). There is very little developable land in Fridley. Developable multi-family sites are non-existent. This site is unique, in that it borders existing R-3 property and presents an opportunity to expand housing options in Fridley. Citv Staff recommends approval of Rezoninq Request ZOA #02-01, with stipulations found at end of this report. STIPULATIONS Staff recommends the following stipulations be attached to the approval of all land use requests, above. 1). Petitioner to dedicate street ROW as indicated on Preliminary Plat drawing. 2). Petitioner to obtain all necessary permits prior to construction. 3). Petitioner shall identify ponding area and provide easements for stormwater run-off and management. 4). Storm pond maintenance agreement must be filed prior to issuance of building permits. 5). Petitioner shall obtain any required NPDES Permit and NURP ponding for entire site. 6). City Engineering staff to review and approve grading and drainage plan prior to issuance of building permits. 7). Code required refuse and recycling enclosures must be installed. 8). Landscape plan to be reviewed and approved by City Staff prior to issuance of building permit. 9) Petitioner to pay any required Park Dedication Fees. 10) Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 11). Property owner of record at time of building permit application, to pay required park fees prior to issuance of building permits. 12). Property owner of record at time of building permit application, to pay all water and sewer connection fees prior to issuance of a building permit. . , � � CfTY OF FRIDLEY Date: To: From: Subject: AGENDA ITEM CITY COUNCIL MEETING OF SEPTEMBER 23, 2�02 September 16, 2002 William Burns, Ciry Manager Scott Hickok, Community Devefopment Director Paul Bolin, Planning Coordinator Public Hearing For Comprehensive Plan Amendment, CPA #02-01, Brandes Place, LP M-02-108 INTRODUCTION Brandes Place LP is seeking to amend the future land use map of the Comprehensive Plan, designating the new Brandes Place parcel (proposed Lot 1) as Multi-Family Residential in the year 2020. The Comprehensive Plan sets the overall vision for the City's future. The future land use plan and map, a vital piece of the Comprehensive Plan, visually displays the desired land use pattern for the year 2020. The St. William / Brandes Place property is designated as Public / Semi-Public on the future land use map. The Public / Semi-Public designation is placed on nearly all institutional type uses within the City, including: churches; schools; Unity Hospital; and City buildings. Prior to the Brandes Place parcel being rezoned from a mix of C-3 and R-2 to R-3, the future land use designation on the site must be changed to Multi-Family Residential in order for the rezoning to be in conformance with the Comprehensive Plan. In short, the Comprehensive Plan Amendment is needed to provide the basis for all the proposed rezoning. Changes to the Future Land Use map will aid the City in meeting other goals spelled out in the Plan. The design and location of the development will help provide for a positive community image and will provide for "the development of affordable housing for all age groups". PLANNING COMMISSION RECOMMENDATION At the September 4, 2002, Planning Commission meeting, a public hearing was held for CPA #02-01. A number of residents, both for and against the Brandes Place building spoke. After discussion by the Planning Commission, a motion was made for the approval 47 of the Comprehensive Pian Amendment, with the stipulations as presented. THE MOTION TO APPROVE FAILED ON A 3-3 TIE VOTE. PLANNING STAFF RECOMMNEDATION City Staff recommends approval of the Comprehensive Plan Amendment, as the changes to the Future Land Use map will aid the City in meeting other goals spelled out in the Plan. The design and location of the development will help provide for a positive community image and will provide for "the developmer�t af �ffordable hausing f�� all age grsa�}�s".. Due to the fact that the proposed project helps the City-further a number ofi g�aals fror��:. Comprehensive Plan, staff recommends approval of this request. STIPULATIONS 1). Petitioner to dedicate street ROW as indicated on Preliminary Plat drawing. 2). Petitioner to obtain all necessary permits prior to construction. 3). Petitioner shall identify ponding area and provide easements for stormwater run-off and management. 4). Storm pond maintenance agreement must be filed prior to issuance of building permits. 5). Petitioner shall obtain any required NPDES Permit and NURP ponding for entire site. 6). City Engineering staff to review and approve grading and drainage plan prior to issuance of building permits. 7). Code required refuse and recycling enclosures must be installed. 8). Landscape plan to be reviewed and approved by City Staff prior to issuance of building permit. 9) Petitioner to pay any required Park Dedication Fees. 10) Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 11). Property owner of record at time of building permit application, to pay required park fees prior to issuance of building permits. 12). Property owner of record at time of building permit application, to pay all water and sewer connection fees prior to issuance of a building permit. .• City of Fridley Land Use Application CP#02-01, PS#02-03, ZOA#02-01 September 4, 2002 GENERAL INFORIVIATION SPECIAL INFORMATION Applicant: Brandes Place Ltd. Partnership 6120 5`'' Street NE Fridley, MN 55432 Requested Acrions: Comprehensive Plan Amendment to change Future Land Use Map designation from Public/Semi- Public to Housing. Rezoning of Property from R-2 & C-3 to R-3. Plat of property into 21ots. Purpose: To create lots with the proper zoning to allow the construction of 16 units of multi-family housing. Exislinng Zoning: Commercial C-3 & Residential — R-2 Location: 6120 5`� Street NE Size: Total Area: 306,868 square feet 7.05 acres Lot 1: 51,315 square feet 1.18 acres Lot 2: 255,553 square feet 5.87 acres Existing Land Use: Church of S� William Sutrounding Land Use & Zoning: N:Moon Plaza, C-3 ; Norwood Sq., R-3 E: Single Family Homes, R-1 S: Single Family Homes, R-1 W: University Ave, gas station, C-3 Comprehensive Plan Conformance: Site currently designated as Public / Semi-Public on Future Land Use Map. Zoning Ordinance Conformance: Proposed lots meet or exceed all zoning requirements. Zoning History: Land has been home to St. William since 1964 Existing Legal Description of Properiy: Refer to attached Plat. . • Council Acrion / 60 Day Date: 9/23/02 / 9/30/02 Public Utilities: Water and sewer are available at/near the site. Physical Characteristics: Relatively flat, typical suburban landscaping. SUIVLVIARY OF PROJECT Petitioner is requesting to amend the City's Future Land Use Plan, designating this site for housing, allowing a Rezoning of the property to R-3 Multi- family. The Plat is being requested to create a new parcel for the construction of 16 townhome style multi-family units. SUMMARY OF ANALYSIS City Staff recommends approval of the Comprehensive Plan Amendment. -Comp. Plan does encourage a mix of housing. Ciry Staff recommends approval of the Rezoning Reqatest. -Proposed rezoning is an extension of existing R-3 zoning district. City Staff recommends approval of the Plat. -Lots meet or exceed all zoning requirements. View of Site From South C P#02-01, ZOA#02-01, PS#02-03 OVERVIEW The requests: Brandes Place Limited Partnership is requesting three separate land use actions from the City of Fridley in order to construct 16 townhome style multi-family units at 6160 5th Street. The three actions being requested are a Plat,_Comprehensive Plan amendment, and a Rezoning. All thr_ee items will �be examined individually in this report. The Plat is being requested to create a new parcel for the construction of 16 townhome style multi-family units on the parcel. The Comprehensive Plan amendment is to change the City's Future Land Use Map, designating the property at 6160 5th Street fo� future use as multi-family housing, thus allowing a Rezoning of that property and the remaining St. William property to R-3 Multi-family. Proposed Project: Brandes Place is a proposed townhome development for working families. The 16 units proposed will be comprised of 9 two-bedroom units and 7 three-bedroom units. The townhomes have been designed to fit into the neighborhood. The architect, Peter Kramer, took advantage of the grade differences on site to design a townhome project that will mimic the height and size of the homes across 5`h Street. Landscaping and parking in the rear of the building will also add to the "curb appeal" of these units. The Brandes Place development has been a cooperative effort between the Church of St. William, Catholic Charities, and the Community Housing Development Corporation. The Church of St. William donated a portion of their property to Catholic Charities, in 2000, for the purpose of developing housing. Catholic Charities has partnered with Community Housing Development Corporation, the state's largest provider of affordable multi-family housing, to form the Brandes Place Limited Partnership to be eligible for tax credits and other financing tools. The Brandes Place LP has already obtained financing commitments from the Minnesota Housing Finance Agency (MHFA), Anoka County HOME funds, Wells Fargo Bank, and the Sisters of St. Joseph of Carondelet. . 50 � l �' _ .. :.:. w,, � Proposed Lot 1 ANALYSIS & RECOMMENDATIONS Plat Request #02-03 Brandes Place LP is seeking a Plat to divide the current St. William property into two separate parcels. The Plat will create the lot descriptions necessary for transferring the property from St. William to Brandes Place LP. The creation of the second parcel will allow the lot area needed to construct the proposed townhome units. The proposed lots both exceed all zoning code requirements in regards to lot size and lot width. The proposed Lot 1(Brandes Place) is 1.17 acres and the proposed Lot 2 (�emaining St. William campus) is 5.8 acres in size. Further, the proposed Plat will not create any non-conformities for the existing Church of St. William campus. Currently, po�tions of 5th Street, 61 � Avenue, and the East Frontage Road are owned by the Church of St. William and are available for roadway use through a series of street and utility easements. Through this Plat process, the Church of St. William will dedicate these portions of roadway to the City. CitY Staff recommends approval of the preliminary plat for PS#02-03, with stipulations found at end of this report. Comprehensive Plan Amendment CPA#02-01 In 1998, the City of Fridley began updating the City's Comprehensive Plan. The City's Comprehensive Plan describes itself as a"tool intended to guide future growth and 51 � � CffY OF FRIDLEY Date: To: From: Subject: AGENDA ITEM CITY COUNCIL MEETING OF SEPTEMBER 23, 2��2 September 16, 2002 William Burns, City Manager Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Rezoning Request, ZOA #02-01, Brandes Place, LP M-02-109 INTRODUCTION The City's Zoning Ordinance is the mechanism that helps the City achieve the vision laid out in the Comprehensive Plan. State Statutes, the State Constitution, the US Constitution, and relevant case law give the City the authority to "zone" properly and place use restrictions on a property, so long as the zoning is in conformance with the Comprehensive Plan. The St. William Campus and the proposed Brandes Place lot are currently a mix of R-2 (Two Family) and C-3 (General Shopping Center) zoning districts. Brandes Place LP and the Church of St. William are seeking to rezone both of the proposed parcels to R-3 (Multi- Family). The R-3 designation is necessary for the Brandes Place development, or any multi-family development, and is not an uncommon zoning designation for church property in Fridley. PLANNING COMMISSION RECOMMENDATION At the September 4, 2002, Planning Commission meeting, a public hearing was held for ZOA #02-01. A number of residents, both for and against the Brandes Place building spoke. After discussion by the Planning Commission, a motion was made for the approval of the rezoning request, with the stipulations as presented. THE MOTION TO APPROVE FAILED ON A 3-3 TIE VOTE. PLANNING STAFF RECOMMNEDATION City Staff recommends approval of the rezoning request as the granting of this request would not result in "spot zoning", rather, it would be a logicat expansion of the existing R-3 zoning just to the North of this property (Norwood Square). Developable multi-family sites are currently non-existent and this site, because it borders existing R-3 property, presents an opportunity to expand housing options in Fridley. 54 STIPULATIONS 1). Petitioner to dedicate street ROW as indicated on Preliminary Plat drawing. 2). Petitioner to obtain all necessary permits prior to construction. 3). Petitioner shall identify ponding area and provide easements for stormwater run-off and management. -_ 4). Storm pond maintenance agreement must be filed prior to issuance of building permits. _ - 5). P�titioner shall obtain ar�y require�d NPDES Permit and NURP ponding for ent'rre site. 6). City Engineering staff to review and approve grading and drainage plan prior to issuance of building permits. 7). Code required refuse and recycling enclosures must be installed. 8). Landscape plan to be reviewed and approved by City Staff prior to issuance of building permit. 9) Petitioner to pay any required Park Dedication Fees. 10) Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 11). Property owner of record at time of building permit application, to pay required park fees prior to issuance of building permits. 12). Property owner of record at time of building permit application, to pay all water and sewer connection fees prior to issuance of a building permit. RECOMMENDED COUNCIL ACTION Hold public hearing and receive comment. 55 City of Fridley Land Use Application CP#02-01, PS#02-03, ZOA#02-01 September 4, 2002 GENERAL I�YFORMATION SPECIAL INFORI�IATION Applicant: Brandes Place Ltd. Partnership 6120 5`'' Street NE Fridley, MN 55432 Requested Actions: Comprehensive Plan Amendment to change Future Land Use Map designation from Public/Semi- Public to Housing. Rezoning of Properly from R-2 & C-3 to R-3. Plat of property into 2 lots. Purpose: To create lots with the proper zoning to allow the construction of 16 units of multi-family housing. Existing Zoning: Commercial C-3 & Residential — R-2 Location: 6120 5`h Street NE Size: Total Area: 306,868 square feet 7.05 acres Lot 1: 51,315 square feet 1.18 acres Lot 2: 255,553 square feet 5.87 acres Existing Land Use: Church of St. William Surrounding Land Use & Zoning: N:Moon Plaza, C-3 ; Norwood Sq., R-3 E: Single Family Homes, R-1 S: Single Family Homes, R-1 W: University Ave, gas station, C-3 Comprehensive Plan Conformance: Site currently designated as Public / Semi-Public on Future Land Use Map. Zoning Ordinance Conforniance: Proposed lots meet or exceed all zoning requirements. Zoning History: Land has been home to St. William since 1964 Existing Legal Descriprion of Property: Refer to attached Plat. 56 Council Action / 60 Day Date: 9/23/02 / 9/30/02 Public Utilities: Water and sewer are available adnear the site. Physical Characteristics: Relatively flat, typical suburban landscaping. SUIVI�vIARY OF PROJECT Petitioner is requesting to amend the City's Future Land Use Plan, designating this site for housing, allowing a Rezoning of the properry to R-3 Multi- family. The Plat is being requested to create a new parcel for the construction of 16 townhome style multi-family units. SU1VI�vIARY OF ANALYSIS City Staff recommends approval of the Comprehensive Plan Amendment. -Comp. Plan does encourage a mix of housing. City Staff recommends approval of the Rezoning Reqa�est. -Proposed rezoning is an extension of existing R-3 zoning district. City Staff recommends approval of the Plat. -Lots meet or exceed all zonin� reQuirements. View of Site From South � -. CP#02-01, ZOA#02-01, PS#02-03 OVERVIEW The requests: Brandes Place Limited Partnership is requesting three separate land use actions from the City of Fridley in order to construct 16 townhome style multi-family units at 6160 5th Street. The three actions being requested are a Plat, Comprehensive Plan amendment, and a Rezoning. All three items will be examined individually in this report. The Plat is being requested to create a new parcel for the construction of 16 townhome style multi-family units on the parcel. The Comprehensive Plan amendment is to change the City's Future Land Use Map, designating the property at 6160 5th Street for future use as multi-family housing, thus allowing a Rezoning of that property and the remaining St. William property to R-3 Multi-family. Proposed Project: Brandes Place is a proposed townhome development for working families. The 16 units proposed will be comprised of 9 two-bedroom units and 7 three-bedroom units. The townhomes have been designed to fit into the neighborhood. The architect, Peter Kramer, took advantage of the grade differences on site to design a townhome project that will mimic the height and size of the homes across 5`h Street. Landscaping and parking in the rear of the building will also add to the "curb appeal" of these units. The Brandes Place development has been a cooperative effort between the Church of St. William, Catholic Charities, and the Community Housing Development Corporation. The Church of St. William donated a portion of their property to Catholic Charities, in 2000, for the purpose of developing housing. Catholic Charities has partnered with Community Housing Development Corporation, the state's largest provider of affordable multi-family housing, to form the Brandes Place Limited Partnership to be eligible for tax credits and other financing tools. The Brandes Place LP has already obtained financing commitments from the Minnesota Housing Finance Agency (MHFA), Anoka County HOME funds, Wells Fargo Bank, and the Sisters of St. Joseph of Carondelet. 57 + Proposed Lot 1 ANALYSIS & RECOMMENDATIONS Plat Request #02-03 Brandes Place LP is seeking a Plat to divide the current St. William property into two separate parcels. The Plat will create the lot descriptions necessary for transferring the property from St. William to Brandes Place LP. The creation of the second parcel will allow the lot area needed to construct the proposed townhome units. The proposed lots both exceed all zoning code requirements in regards to lot size and lot width. The proposed Lot 1(Brandes Place) is 1.17 acres and the proposed Lot 2 (remaining St. William campus) is 5.8 acres in size. Further, the proposed Plat will not create any. non-conformities for the existing Church of St. William campus. Currently, portions of 5th Street, 61� Avenue, and the East Frontage Road are owned by the Church of St. William and are available for roadway use through a series of street and utility easements. Through this Plat process, the Church of St. William will dedicate these portions of roadway to the City. City Staff recommends approval of the preliminaN plat for PS#02-03, with stipulations found at end of this report. Comprehensive Plan Amendment CPA#02-01 In 1998, the City of Fridley began updating the City's Comprehensive Plan. The City's Comprehensive Plan describes itself as a"tool intended to guide future growth and : I development of the community. It is comprehensive in that it ties together the various elements that make up `the city' including land use, housing, transportation, environment, pubtic facilities and parks and recreation. It is intended to be both a physical and social plan, covering such topics as the locations and character of commercial or residential development (land use) to the affordability of housing (life-cycle housing) and the diversity of jobs". The Comprehensive Plan sets the overall vision for the:City's future. The future land use plan and map, a vital piece of the Comprehensive Plan, visually displays the desired land use pattern for the year 2020. The St. William / Brandes Place property is designated as Public / Semi-Public on the future land use map. The Public / Semi-Public designation is placed on nearly all institutional type uses within the City, including: churches; schools; Unity Hospital; and City buildings. Brandes Place LP is seeking to amend the future land use map of the Comprehensive Plan, designating the new Brandes Place parcel (proposed Lot 1) as Multi-Family Residential in the year 2020. The City's Zoning Ordinance is the mechanism that helps the City achieve the vision laid out in the Comprehensive Plan. State Statutes, the State Constitution, the US Cpnstitution, and relevant case law give the City the authority to "zone" property and place use restrictions on a property, so long as the zoning is in conformance with the Comprehensive Plan. Prior to the Brandes Place parcel being rezoned from a mix of C-3 and R-2 to R-3, the future land use designation on the site must be changed to Multi-Family Residential in order for the rezoning to be in conformance with the Comprehensive Plan. In short, the Comprehensive Plan is the basis for all rezonings. As the petitioner has stated in their application for the Comprehensive Plan Amendment (attached), the proposed project meets many of the goals spelled out in the Plan. The design and location of the development will help provide for a positive community image and will provide for "the development of affordable housing for all age groups". Due to the fact that the proposed project helps the City further a number of goals from the Comprehensive Plan, staff recommends approval of this request. Citv Staff recommends approval of Comprehensive Plan Amendment #02-01, with stipulations found at end of this report. Rezoning Request ZOA #02-01 The St. William Campus and the proposed Brandes Place lot are currently a mix of R-2 (Two Family) and C-3 (General Shopping Center) zoning districts. Brandes Place LP and the Church of St. William are seeking to rezone both of the proposed parcels to R-3 (Multi- Family). The R-3 designation is necessary for the Brandes Place development and is not an uncommon zoning designation for church property in Fridley. As stated earlier in this report, the City's Zoning Ordinance and official Zoning Map are the mechanisms that help the City achieve the vision laid out in the Comprehensive Plan. The law gives the City the authority to "rezone" property from one designated use to another, so 59 long as the zoning is in conformance with the Comprehensive Plan. The success of the zoning request is dependent upon the success of the Comprehensive Plan amendment. The petitioner has stated that this site is desirable for the development due to the proximity to jobs, parks, and transportation option. The size of the site allows a"positive mixture of housing with open green space will be created with this developmenY'. The rezoning request meets the standard "litmus_test" that City Planners use #o determine if a rezoning should be granted. The granting of this request will not result in "spot zoning". Furthermore, the.granting of this request would be an expansion of the existing R-3 zoning just to the North of this property (Norwood Square). There is very little developable land in Fridley. Developable multi-family sites are non-existent. This site is unique, in that it borders existing R-3 property and presents an opportunity to expand housing options in Fridley. Citv Sfaff recommends approval of Rezoninq Request ZOA #02-01, with stipulations found at end of this report. STIPULATIONS Staff recommends the following stipulations be attached to the approval of all land use requests, above. 1). Petitioner to dedicate street ROW as indicated on Preliminary Plat drawing. 2). Petitioner to obtain all necessary permits prior to construction. 3). Petitioner shall identify ponding area and provide easements for stormwate� run-off and management. 4). Storm pond maintenance agreement must be filed prior to issuance of building permits. 5). Petitioner shall obtain any required NPDES Permit and NURP ponding for entire site. 6). City Engineering staff to review and approve grading and drainage plan prior to issuance of building permits. 7). Code required refuse and recycling enclosures must be installed. 8). Landscape plan to be reviewed and approved by City Staff prior to issuance of building permit. 9) Petitioner to pay any required Park Dedication Fees. 10) Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 11). Property owner of record at time of building permit application, to pay required park fees prior to issuance of building permits. 12). Property owner of record at time of building permit application, to pay all water and sewer connection fees prior to issuance of a building permit. .1 �: � � AGENDA ITEM aTMOF CITY COUNCIL MEETING OF FRIDLEY SEPTEMBER 23, 2002 1NFORMAL STATUS RL'PORTS m