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10/14/2002 - 4759� ` CffY OF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF OCTOBER 14, 2002 7:30 p.m. - City Council Chambers Attendance Sheet ALFASF PR/NT NAMF, AflDRFSS ANa /TFM NUMBFit YaU ARF /NTF'RFSi�fl /N. � ` C7TY OF FRIdLEY FRIDLEY CITY COUNCIL MEETING OF OCTOBER 14, 2002 7:30 p.m. - City Council Chambers Attendance Sheet ALFASF AR/NT NAMF, AflURFSS ANfl /TFM NUMB�'R YaU ARF /NTFRFSi�fl /N. � � CffY OF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF OCTOBER 14, 2002 7:30 p.m. - City Council Chambers Attendance Sheet ALFASF AR/NT NAMF, ADURFSS AND /TFM NUMBFR YOU ARF /NTFRFST�D /M. ��, �, , �,� � � ; �,ii�i �€ �� .r� �y � c' �N � �. � � ..: � � � �5��.` :�� r� �L#,�%�w"$� x� % i, a �.: i+�,� i C V Cc l '� ?-Q. �^ � ~d � ",w '�✓ (j � � �� G� � �' ° � �� h G �o '� � ' - � � ,� ' �> �.� � - _ �` � � S'� p , f 1�l'`� e5 %%/-�1',L! �: f''��,�i� �/"�/� -� �S� ��. ,Qi4r��iL s A7� �� -r ��`S/�r -a��r s� ��. a �� v �� oJ � � �� `�� . � � CITY COUNCIL MEETING OF OCTABER 14, 2002 GTIf 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, reliQiqn, national ori�in, sex, disability, age, marital status, seYUal orientation or status with regard to public assistance. Upon request, accommodation w-ill be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons w�ho 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/�72-3534) � . PLEDGE OF ALLEGIANCE. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of September 23, 2002 NEW BUSINESS: 1. Receive the Minutes of the Planning Commission Meeting of September 18, 2002 - ...................................................................... 2. Receive the Minutes of the Planning Commission Meeting of October 2, 2002 ............................................................................. 4- 9 A FRIDLEY CITY COUNCIL NIEETING OF OCTOBER 14, 2002 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 3. Special Use Permit Request, SP #02-09, by Kevin Swanson, to Allow a Second Accessory Structure Over 240 Square Feet for Storage , Purposes, Generally Located at 7053 Hickory . Drive N.E. (Ward 3) .................................................................................... 10 - 13 � . 4. Variance Request, VAR #02-09, by Paul Westby, to Increase the Allowable Size of a Sign from 24 Square Feet to 38 Square Feet and to Reduce the Required Setback of a Sign from a Driveway from 10 Feet to 2 Feet, to Allow the Construction of a Monument Sign , Generally Located at 6425 Highway 65 N.E. (Ward 2) .:............................................. 14 - 23 5. Schedule a Public Hearing for October 28, 2002, to Consider an Ordinance Amending Chapter 506 of the Fridley City Code Pertaining to Snow Removal — Violation and Towing .................................................. 24 - 25 6. Appointment ............................................................................................... 26 .. 7. Claims ....................................................................................................... 27 �. .� FRIDLEY CITY COUNCIL MEETING OF OCTOBER 14, 2002 PAGE 3 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 8. Licenses ..................................................................................................... 28 - 30 9. Estimates ................................................................................................... 31 ADOPTION OF AGENDA. OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes. OLD BUSINESS: 10. Resolution Suspending the Tobacco License for James Nicklow and the Shorewood Restaurant Located at 6161 Highway 65 N.E. (Tabled September 9, 2002) (Ward 2) ....................................................................................................... 32 - 38 NEW BUSINESS: 11. Special Use Permit Request, SP #02-08, by Van-O-Lite, to Allow Exterior Storage of Materials in a C-2, General Business District, Generally Located at 5945 University Avenue N.E. (Ward 1) ..................................................................................................... 39 - 43 . . { FRIDLEY CITY COUNCIL MEETING OF OCTOBER 14, 2002 PAGE =t NEW BUSINESS (CONTINUED): 12. Receive Bids and Award Contract for the Municipal Garage Expansion Project No. 343 ....................................................................................................... 44 - 47 � 13. Resolution Approving a Comprehensive Plan Amendment, CPA #02-01, to Change Land Use Designation from Public/Semi-Public to Multi-Family Residential in the City's Comprehensive Plan, Generally Located at 6160 Fifth Street N.E. (Ward 1) ....................................................................................................... 48 - 60 14. First Reading of an Ordinance to Amend the City Code of the City of Fridley, Minnesota, by Making a Change in Zoning Districts (Rezoning Request, ZOA #02-01, by Brandes Place Ltd. PartnershiP) (Ward 1) ........................................................................ 61 - 69 15. Approve Preliminary Plat Request, PS #02-03, by Brandes Place Ltd. Partnership, to Replat Property into Two Lots, Generally Located at 6160 Fifth Street N.E. (Ward 1) .......................................................... 70 - 76 !f �' 16. Informal Status Reports ............ .......................................................................... 77 �� ADJOURN. . . 4 ��1� �� - �'+RI�LEY CITY Ci�UN�IL MEETING OF OCT'OBER 14, 2002 �oF • FRIDLEY The City of Fridley will not discriminate against or harass anyone in the admission or access to, or creatment, or employment in its services, pro�rams, or activities because of race, color, creed, reliaion, national oriQin, sex, disability, age, marital status, sexual c,rientation or status with regard to public assistance. lipon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs; and activities. Hearina impaired persons who need an interpreter ur other persons with disabilities who require auxi(iary aids should contact Roberta Collins at �?2-3�00 at least one week in advance. (TTD��i?-�>>�) PLEDGE OF ALLEGIANCE. APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 5. Schedule a Public Hearing for October 28, APPROVAL OF PROPOSED CONSENT AGENDA:�� 2002, to Consider an Ordinance Amending � Chapter 506 of the Fridley City Code Pertaining APPROVAL OF MINUTES: �� to Snow Removal — Viclation and Towing .................................. 24 - 25 City Council Meeting of September 23, 2002 NEW BUSIiVESS: 1. Receive the Minutes of the Planning Commission Meeting of September 18, 2002 ..... 1- 3 2. Receive the Minutes of the Planning Commission Meeting of October 2, 2002 ............ 4- 9 3. Special Use Permit Request, SP #02-09, by Kevin Swanson, to Allow a Second Accessory Structure Over 240 Square Feet for Storage Purposes, Generally Lo�ated at 7053 Hickory Drive N.E. (Ward 3) ........................ 10 - 13 4. Variance Request, VAR #02-09, by Paul Westby, to Increase the Allow�ble Size oT a Sign from 24 Square Feet to 38 Square Feet and to Reduce the Required Setback of a Sign from a Driveway from 10 Feet to 2 Feet, to Alicw the Construction of a Monument Sign , Genera�ly Located at 6425 Highway 65 IV.E. (Ward 2) .................................. 14 - 23 6. Appointmen± %. C!ci(T1S 8. �icerses 28 - 30 9. Estimates 26 L� 31 � ADOPTION OF AGEiVDA. � �� OPEN FORUM, VISITORS: Conside�ation of iterns not on Agenda — 15 minutes. R I'+�RID�'Y CITY �OUNCIL vIEETING OF OCTOBER 14, 2002 � , ,. , Pf1GE 2 OLD BUSIfVESS: �� R�:�� 1 Q��(�QO - V B� USINESS (CONTINUED) � ��' L��k�` 10. �Resolution Suspending the Tobacco License r James 15. Approve Preliminary Plat Request, PS #02-03, �Nicklow and the Shorewood Restaurant Located at by Brandes Place Ltd. Partnership, to ,,,�" 6161 Highway 65 N.E. (Tabled September 9, 2002) '�( Repiat Froperty into Two Lots, Generally '�'i>> (Ward 2) ................ .. 32 - 38 Y� Located at 6160 Fifth Street N.E. � � �� I� n � � (Ward 1) .................................. 70 - 76 � �� 5 ��%' �� D 2C � 3l i �-�� f � ��L�� Ess. �,�n�h l Qlau�n� 11. Special Use Permit Request, SP #02-08,{ay Van-O-Lite, to Allow Exterior Storage ofi �/ �Materials in a C-2, Genera! Business District, Generally Located at 5945 University Avenue N.E. (Ward 1) ................................. 39 - 43 12. Receive Bids and Award Contract for thE Municipai Garage Expansion Project No. 3�t3 ................................... GJ�� J c�e� °�� 44 - �7 �3`� Q� �`�� b �� ' �� A��=�-�� 3" �, �� . a-� ,1S 16. Informal Status Reports ....................... 77�- ADJOURN. �� 10 �3� / 13. Resolution Approving a Comprehensive Plan Amendment, CPA #02-01, to Change Land Use Designation from Public/Semi-Public to Multi-Family Residential in the City's Comprehensive Plan, Generally Located at 6160 Fifth Street N.E. (Ward 1) ................................... 48 - 6 �- `j'" PlP � r 0 U �i , ,�� '�� 3" � �s � ��- �--._ ` 14. irst Reading of an Ordinance to Amend he City Code of the City af Fridley, Minnesota, by Making a Change in Zoning Districts (Rezoning Request, ZOA#02-01, by Brandes Place Ltd. Partnership) (Ward 1) ....... 61 - 69 r �: �� . �� 4-� � ��S � � ,f �� -! � - � � ; THE MI�iUTES OF THE REGULAR vIEETING OF THE FRIDLEY CITY COUNCIL OF SEPTEIVIBER 23, 2002 The re�ular meetina 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 Pled�e of Allegiance to the Flag. ROLL CALL: iVIEiVIBERS PRESENT: Mayor Lund, Councilmember Barnette, Councilmember Billings, Councilmember Wolfe, and Councilmember Bolkcom. MEMBERS ABSENT: None. PRESENTATION OF CERTIFICATE OF APPRECIATION: Mayor Lund presented a certiticate of appreciation to Signe L. Johnson, the City Council Secretar�-. for her service from June 11, 1999 through October 1, 2002. PI20CLAMATIONS: Domestic ti'iolence Awnreness Montlt: October, 2002 Mayor Lund read and issued a proclamation proclaiming October, 2002, at Domestic Violence Awareness Month. He stated that domestic violence has become a critical public health and �velfare concern in Anoka County. Alexandra House and Anoka County organizations will be informin� area residents about domestic violence. Ms. Jenny Hagger, from Alexandra House, stated that two events will be taking place in October and the first part of November. On October 1 the 8`h annual Candlelight Vigil and a tree planting ceremony will be held. She said Alexandra House will celebrate its 25`h Anniversary on November $. Fire Prevention Week: October 6 through I2, 2002 Mayor Lund read and issued a proclamation proclaiming the week of October 6 through 12 as Fire Prevention Week. He stated that taking simple safety precautions such as moving every day home hazards can prevent home fires and home fire deaths. Two ways out of each room and an ' outside meeting place is important and should be practiced twice a year by every household. He asked residents to participate in fire prevention activities at home. Mr. Messer, Fridley Fire Marshal, stated that the Fire Department will have an open house on October �, 2002, from 11:00 a.m. to 3:00 p.m. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 23, 2002 PacE 2 APPROVAL OF CITY COUNCIL MEETING NIINUTES: Ciry Council meeting of August 26, 2002. City Council meeting of September 9, 2002. APPROVED. APPROVAL OF PROPOSED CONSENT AGENDA: MOTION by Councilmember Barnette to approve the proposed consent agenda as presented. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECL�RED THE MOTION CARRIED UNANIMOUSLY. OLD BUSINESS: 1. ORDINANCE NO. 1166 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 Cour.�il by two percent for 2003 and is in keeping with the two percent increase projected far City employees. The Mayor will receive $9,636.96, the Councilmember-at-Large will receive $7,915.69, and the three Ward Councilmembers will receive $6,998.22. Siaff recommended Council's approval of this resolution. WAIVE THE READING AND ADOPTED ORDINANCE NO. 1166 ON THE SECOND READING AND ORDERED PUBLICATION. NEW BUSINESS: 2. RECEIVE THE MINUTES OF THE PLANNING COIVIMISSION MEETING OF SEPTEMBER 4, 2002: RECEIVED. 3. RESOLUTION NO. 51-2002 DIRECTING PREPARATION OF THE ASSESSMENT ROLL FOR THE 2002 NUISANCE ABATEMENT: Mr. Burns, City Manager, stated that there are four properties listed for a total assessment of $2,824.76. Staff recommended Council's approvaL ADOPTED RESOLUTION NO. 51-2002. FRIDLEY CITY COUNCIL NIEETING OF SEPTEMBER 23, 2002 PAGE 3 4. RESOLUTION NO. �2-2002 DIRECTING PUBLICATION OF HEARING Oti THE PROPOSED ASSESSi�IENT ROLL FOR THE 2002 NUISANCE ABATEMENT: NIr. Burns, City Manager, stated that this resolution set the public hearing date for October 28, 2002. Staff recommended Council's approval. ADOPTED RESOLtiTION NO. 52-2002. � 5. RESOLUTION NO. �3-2002 DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARaTION OF PROPOSED ASSESSMENT FOR STREET IvIPROVEMENT PROJECT NO. ST. 2001 — l: Mr. Burns, City Nlanager, stated that there are 103 properties to be assessed for a total of $87,742.28. Staff recommended Council's approvaL ADOPTED RESOLUTION NO. 53-2002. 6. RESOLUTION NO. �4-2002 DIRECTING PUBLICATION OF THE HEARING ON THE PROPOSED ASSESSMENT FOR STREET IMPROVEMENT PROJECT NO. ST. 2001— 1: Mr. Burns, City manager, stated this resolution set the pub(ic hearing date for October 28, 2002. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 54-2002. 7. RESOLUTION NO. ��-2002 DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR THE VARICHAK UTILITY PROJECT NO. 342: Mr. Burns, City Manager, stated that this would require costs to be assessed for the Varichak utility project. The total cost for this project was $23,295.60 and the amount of $12,145 is to be assessed to Mr. Steve Varichak. The property owners will be assessed the remaining $11,150.60. This will be applied over 15 years at 6.5% interest. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 55-2002. � 8. RESOLUTION NO. 56-2002 DIRECTING PUBLICATION OF THE HEARING ON THE PROPOSED ASSESSMENT ROLL FOR THE VARICHAK UTILITY PROJECT - NO. 342: Mr. Burns, City Nlanager, stated that this directs publication of the hearing notice for the Varichak utility project. The hearing will be on Uctober 28, 2002. Staff recommended Council's approval. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 23, 2002 PAGE 4 ADOPTED RESOLUTION NO. �6-2002. 9. APPOINTMENT - CITY EMPLOYEES: Mr. Burns, City Manager, stated that staff recommended the appointment of Virainia Wagner and Adam Gau to the police officer positions for the Fridley Police Department. Both officers - will start on Monday, October 7, 2002. � APPROVED THE APPOINTNIENT OF VIRGINIA WAGNER AND ADA�T GAU. 10. CLAINIS: APPROVED CLAIM NOS.107290-107557. 11. LICENSES: APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. 12. ESTIMATES: APPROVED THE FOLLOWING ESTIMATES: Forest Lake Contracting, Inc. 14777 Lake Drive Forest Lake, MN SS02� Hartman Circle Watermain Looping Project No. 347 Estimate No. 3 � 2,530.80 W.B. Miller 6701 Norris Lake Road N.W. Elk River, MN 55330 2002 Street Improvement No. ST. 2002-1 Estimate No. 6 $46,015.86 Park Construction Company 7900 Beech Street N.E. Minneapolis, NIN 55432 �7c"Avenue Sanitary Sewer Improvement Project No. 346 Estimate No. 3 $70,682.77 FRIDLEY CITY COUNCIL vIEETING OF SEPTEMBER 23, 2002 P�GE � Ron Kassa Construction 6005 - 250`h St. East Elko, vIN 5�020 _ 2002 i�liscellaneous Concrete Repair Project No. 344 Estimate No. 5 $9,23�.09 ADOPTION OF AGENDA: MOTION by Councilmember Bulkcom to adopt the agenda as presented. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANINIOUSLY. OPEN FORUM, VISITORS: No visitors in the audience spoke. Councilmember Bolkcom stated that the train whistle meeting scheduled for Tuesday, September 24, 2002, will be rescheduled to a later date. Mayor Lund stated thanked all the sponsors and participants in the 9/11 tribute in Fridley. He said he thought it was very successful. PUBLIC HEARING: 13. COiVSIDERATION OF A PLAT REQUEST, PS #02-03, BY BRANDES PLACE LINIITED PARTNERSHIP, TO REPLAT PROPERTY INTO TWO LOTS, GENERALLY LOCATED AT 6160 FIFTH STREET N.E. (WARD 1). 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). 15. CONSIDERATION OF A REZONING REQUEST, ZOA #02-01 BY BRANDES - PLACE LIMITED PARTNERSHIP, TO REZONE PROPERTY FROM R-2, TWO FANIILY RESIDENTIAL AND C-3, GENERAL SHOPPING, TO R-3, GENERAL MULTIPLE UNITS-RESIDENTIAL, IN ORDER TO ACCOMMODATE 16 MULTI- FAi�IILY HOUSING UNITS, GENERALLY LOCATED AT 6160 FIFTH STREET N.E. (WARD 1): FRIDLEY CITY COUNCIL vIEETING OF SEPTEMBER 23, 2002 PAGE 6 ti10TION by Councilmember Bolkcom to open the public hearing. Seconded bv Councilmember Barnette. ' UPON A VOICE VOTE, ALL VOTING AYE, vIAYOR LUND DECLARED THE MOTION CARRIED AND THE Pti BLIC HEARING WAS OPENED AT 7:53 P.1VL Mr. Knaak, City Attorney, stated that when there are multiple requests, the legal duties of the City Council stem from the basic legal background of what it is they are required to do. This � includes preparing, creating, and adopting a comprehensive municipal plan and amending it from time to time as necessary. The plan is enforced through the zoning code which is required by law to be consistent with the Comprehensive Plan being adopted. Assuring compliance with the plan through its subdivision regulations (platting) is the final legal requirement. ` Mr. Knaak stated that Council can either review the plat and approve, enact and amend the Comprehensive Plan, and rezone. The information Council can properly consider in its hearings are concrete, objective facts and qualified opinions that will assist in evaluating the proposal from the viewpoint of the health and safety of Fridley residents. Examples are traffic studies, engineering reports, planning reports, and information relating to the proposaL Mr. Knaak stated that information that cannot be considered in reaching a decision includes information that concerns an applicant or group of individuals, either as to income, raee, age, or personal characteristics, attitudes or purported behavioral characteristics. While neighborhood opposition to a proposal can be noted on the record, under Minnesota law, neighborhood opposition cannot be the sole or primary objective reason for a denial. The Council's decision on any of these matters must be based on the facts presented at the public hearing. It is normally required that the Council articulate the basis for its decision in findings of fact stated in the recorded minutes of the meeting. In Fridley, the practice has been to provide for action on a matter to occur in the meeting following the final public hearing. Mr. Knaak stated that the comprehensive plan sets the overall development goals for the City. Plats are specific, recorded land configurations that must conform to the plan and ordinances. The procedure includes the preliminary review and approval of the plat and determining whether any dedications are needed and whether conditions are needed to protect public welfare and safety. Mr. Knaak stated that the final appro�al of a plat requires only one hearing, but Fridley holds two. Once preliminary approval is granted, Council must determine whether final approval is consistent with earlier conditions and the general welfare and safety. If ordinance conditions are r met, they must be approved. Mr. Knaak stated that the Comprehensive Plan is the basic document for development in the City. It requires lengthy study and Nletropolitan Council review and approval. All other land use controls are subordinate to the policies and mandates of the Comprehensive Plan. No zoning or subdivision regulation can alter it. The Comprehensive Plan is considered to be a legislative function of the City Council. Council bases its determination for any changes based � FRIDLEY CITY COUNCIL NIEETING OF SEPTEMBER 23, 2002 PAGE 7 on reasonably reliable information and studies made available. Any chan�es require affirmative majority vote and are not final until review has occurred by the Metropolitan Council. Zoning codes are the specific structural, placement and use regulations adopted to enforce the Comprehensive Plan, and to protect public health and safety. ChanQes in Comprehensi�-e Plans must be reflected in the zoning code. When a change has or will occur in the Comprehensive Plan, a City must modify its zoning code to conform. Chanaes can occur with a simple majority vote based upon reasonable factual information that could "allow an ordinarv person to reach a conclusion consistent with the adoption of the amendment." Information far an amendment should be based on public testimony and documentation submitted into the record. Council members are allowed to use their own actual knowledge and eYperience, but should state the basis of their conclusions. Mr. Knaak stated that the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA), is a Federal statute and mandate on all cities. It applies in cases in which a land use regulation may impose a burden on a"religious use or exercise," particularly in cases in which the use rec�ives Federal financial assistance. Mr. Knaak stated that at one time, a party challenging a City's decision in a zoning, platting or comprehensive plan matter has a heavy burden of showing that the City acted improperly. The law creates a presumption that the City acted appropriately if there is any reasonable basis at ali in the record to justify the decision, regardless of whether a reviewina Court agrees. RLUIPA now seems to shift the burden to the City to sho�v, on the record,�that the decision �vas in furtherance of a compelling governmental interest and it was the least restrictive means of furthering that interest. The applicant must show that the decision imposes a"substantial burden" on the applicant. Mr. Knaak stated that numerous challenges to RLUIPA are working their way through the Courts. For the time being, RLUIPA is the law. Under RLUIPA, if an application on a land use matter is pending from a religious organization, any denial must be based upon sound evidence in the record and that it furthers a compelling public interest in the least restrictive means possible. Councilmember Wolfe stated that the memorandum from Mr. Knaak to Councilmembers stated that: "It is important to note that no court has yet construed this particular provision against a city in this manner. Moreover, there has been strong criticism of this language and a constitutional challenge in the courts is virtually inevitable." Mr. Bolin, Planning Coordinator, stated that the petitioner and property owner of this request is � Brandes Place Limited Partnership. The petitioner is requesting three separate items in order to construct sixteen townhome-style multi-family units at 6160 Fifth Street. The plat request is to - create a new parcel for the construction of sixteen townhome-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. The rezoning request is to change the zoning from R-2 to R-3 which would allow the construction of townhouses on that site. The property involved is on the Church of St. William's campus. It is bordered on the south by 61 S� Avenue, the east by Fifth Street on the east side, the �vest by FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 23, 2002 PAGE 8 University Avenue, and the north by Nor�cood Square. Nloon Plaza is located northwest of the property. IVIr. Bolin stated that the petitioners are seekin� a plat to divide the current St. `�'illiam's property into two separate parcels. The plat creates the lot descriptions necessary for transferring the property from St. William's to Brandes Place Limited Partnership. The creation of the second • parcel will allow the lot area needed to construct the proposed tow�nhome units. The proposed Brandes Place lot on the preliminary plat is referred to as Lot l, and the remaining St. William's parcel is referred to as Lot 2. The proposed lots both eYCeed all zoning code requirements with respect to lot size and lot width. The proposed Lot 1 is sli�htly over one acre in size and the remaining St. William's parcel is nearly 6 acres in size. The church's buildinQ still meets all setback requirements, so there are no non-conformities to the plat process. Also the Church of St. William's actually owns portions of Fifth Street, 61 S` Avenue and the east Universitv Avenue Frontage Road. The City has a ri�ht to use those streets for a roadway easement. It is more common for the City to own the streets where the right-of-way is. The City will get the easements from the Church through a dedication as part of this plat process. Mr. Bolin stated that staff recommended appro�al of the preliminary plat with stipulations. Mr. Bolin stated that in the plat amendment request, the future land use map of the Comprehensive Plan for Lot 1 is sought to be changed to multi-family residential in the year 2020. 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 displays the entire land use plan for 2020 and both properties are currently designated as public/semi-public. That designation is placed on all institutional types of development within the City of Fridley including churches, schools, Unity Hospital, and City buildings. Mr. Bolin stated that the petitioners are seeking with this request is to simply change the portion of the Brandes Place lot to multi-family housing. The remainder of the St. William campus would stay as public/semi-public designation. The proposed Brandes Place project meets 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 recommended approval of the Comprehensive Plan amendment request with stipulations. Mr. Bolin stated that 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 the R-2 and the C-3 zoning districts. The St. William's Church does not have plans to convert its property to commercial any time in the near future. � Mr. Bolin stated that if the rezoning is successful, the entire parcel would become R-3. 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 as 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 and the R-3 sites are non-eYistent. This site is unique in that it borders existing R-3 FRIDLEY CITY COUNCIL NIEETING OF SEPTEMBER 23, 2002 PAGE 9 property. An expansion of that current zonina district would provide an opportunity for some more housing options in Fridley, �vould present a positive imaae, and would help further the goals identitied in the Comprehensive Plan. Staff recommended approval of this rezoning request with stipulations. . Mr. Bolin stated that the stipulations for the three requests are as follows: 1. Petitioner to dedicate street ROW as indicated on Preliminary Plat dra�ving. ' 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 o�vner 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. Mr. Bolin stated that at its meeting oi: September 4, the Planning Cominission held a public hearing on these items. Many residents came to voice their opinion. All three motions failed on a 3 to 3 tie vote. Council does not act on the items at the hearing tonight. The 60-day date has been extended to November 27. Prior to the Planning Commission, the City received a petition with 234 signatures and 89 letters of support for the project. There was only one letter against the project. As of last Wednesday, 178 letters addressed to the Council were received in support, and 68 letters against. Those are included in the Council's packet. Another petition with 42 signatures in support of the project has been received, and there have been numerous telephone calls and e-mails. Councilmember Billings asked Mr. Knaak to explain the difference between an easement and a dedicated right-of-way, and if there is significant advantage to the City one way or the other. Mr. Knaak, City Attorney, stated that a roadway that is dedicated and accepted by the City is a - trust for the benefit of the public. A vacation process is the reverse process and takes the dedicated easement and restores it to the property owners. When the City receives an easement by �vay of a plat such as this, it is essentially the same thing. Councilmember Billings stated that whether or not the City approves the replatting, it will ha��e no significant effect on the roadways. FRIDLEY CITY COUNCIL vTEETING OF SEPTEMBER 23, 2002 Mr. Knaak stated that is correct. PAGE 10 Councilmember Billings asked how different the current R-2 zoning is from the R-3 zoning. Mr. Bolin stated that R-2 zoning is single family homes and duplexes. The R-3 zoning allows single family, two family, and multi-familv units based on a square footage requirement. The proposed lot with R-3 designation allow�s 17 units to be placed on the property. Councilmember Billings stated that none of this is zor�ed R-1, single family. He said it is permissible to build single family housina where duplexes are allowed but you cannot build duplexes where single family housing is allowed. He has received many calls regarding seniar housing to be used in this area. He asked �vhat that �vould zequire. Mr. Bolin stated that to get a higher density, it would need to be rezoned to R-3. Councilmember Billings stated that the action is to rezone it, adjust the Comprehensive Plan, and replat. If this were going to be senior housing, it would require the exact same actions of the City Council. On 7`h Street and 63`d Avenue, there are a number of single family homes that are rented and owner-occupied. Once the zoning is in place, the owner has the opportunity to use it in whatever fashion meets that particular zoning. Mr. Bolin stated that is correct. Councilmember Wolfe asked if the petitions included or.ly Fridley residents. Mr. Bolin stated that 32 signatures on the most recent petition were not Fridley residents. Councilmember Barnette asked why Brandes Place Limited Partnership is requesting this rather than the owner of the property. Mr. Hickok stated that it is a partnership formed for monetary reasons and to take advantage of tax credits for this type of housing. It is not unusual for a petitioner to come forward that is the developer for a project. Tonight we see the petitioner and the landowner standing together as a team and this partnership represents the entire group of Wells Fargo Bank and the developing committee and the MHFA. The committee and the developers are partners in this. The development corporation is a non-profit while Wells Fargo is for profit and can take advantage of the tax credits. The development committee can utilize the capital of Wells Fargo, in this case about $1,400,000, for the project. Councilmember Barnette asked if the current owner of the land, St. William's Church, makes a rezoning request that passes, when and how does the title of the land change. He asked who then owns the land and who pays taYes. Mr. Hickok stated the land could not be transferred until a plat is approved. � FRIDLEY CITY COUNCIL �IEETING OF SEPTEMBER 23, 2002 PAGE 11 Councilmember Barnette asked if the request fails, would the title of the land stay with St. William's or is there a contractual agreement that leaves the land ownership up in the air. i�1r. Hickok stated that it is all concunent. A positive action on the part of the City Council would make the project work or the land �vill remain as it is in the hands of St. William's Church. Councilmember Barnette asked if Catholic Charities was a G3 non-profit corporation. Mr. Knaak stated that is not a question answered by the courts. You have to look at the function and what it describes itself to be. The area is getting grayer and arayer as churches redefine what their missions are. When this ��as in Congress, the question was asked at what point does the activity of an outreach proQram, for example, of a church, become something other than a religious activity. There is no answer. If it declares itself to be a reliaious institution, we have to consider it to be that. Councilmember Barnette asked if Catholic Charities assumes ownership of the land if they would manage the property or hire a management firm. He asked if Catholic Charities could sell the land after the units were built. Mr. Hickok stated that this is a taY paying parcel. The transfer of property and what the stipulated arrangement is between the different entities would be deferred to the petitioner. Councilmember Bolkcom asked �ti•hat the process is when the developer comes forward. Mr. Bolin stated that any developer will telephone staff about the proposed project. We ask them to come in and meet informally with Planning, Engineering and Fire Department staf£ We look at the merits and define areas where they may need a variance, special use permit, plat or rezoning. With St. William's, a similar process was followed. Councilmember Bolkcom stated that this would have come before the City Council no matter what the vote was on the Planning Commission. Mr. Bolin stated that was correct. Councilmember Bolkcom asked Mr. Bolin to explain what NPDES and the NURP stand for. Mr. Bolin stated that the Engineering Department stipulates that and it is basically the federal � requirements for run-off and storm water management. - Councilmember Bolkcom stated that the Comprehensive Plan did not go through and change a lot of zoning in many of the rest of the areas of the city to be developed. Mr. Bolin stated that the plan is meant to be revisited at the request of the petitioners. Councilmember Bolkcom asked �vhat goals in the Comprehensive Plan this proposal meets. FRIDLEY CITY COUNCIL MEETING OF SEPTENIBER 23, 2002 PAGE 12 Mr. Bolin stated that in the housing section, there are a number of points about providing more affordable housing for families. There is a lack of three bedroom units in Fridley and Anoka County. Councilmember Bolkcom asked about spot zoning and what it means. Mr. Bolin stated that it goes into particular neighborhoods and picks one particular lot right in the middle of the larger block to be a different zone. Generally when rezoning is done you look � for larger blocks where it makes sense to rezone. Here, there is a parcel to the north that is already zoned R-3 as all multi-family units are. This rezoning is simply an extension of the district. Councilmember Bolkcom asked if traffic counts were done in this area. Mr. Bolin stated that staff has not conducted any traffic counts. We would be looking at an extra 32 cars with 16 units. That would not have a great impact on 5`" Street. vlr. Hickok stated that a national engineering study indicates that for a townhouse development, each townhouse will generate 7 cars per day. That is what you can anticipate for a 1�i unit based on a national study. This roadway can handle that because it has a wide street and is heavy in terms of its construction. It does border the back of commercial and redevelopment properties that anticipated traffic like this. Councilmember Wolfe asked if this passes and they do pay taxes, is the property still considered a religious property. Mr. Knaak stated that it is not uncommon for reliQious organizations to pay taYes or make payments in lieu of taxes. Councilmember Wolfe stated that we are assuming that RLUIPA will be in effect here. Mr. Knaak stated that it is in effect. The issue is whether it would continue to be in effect over a period of time. Councilmember Billings asked if the stipulations are similar to most redevelopment stipulations. Mr. Hickok stated that they are. Councilmember Billings asked if a"John Smith" construction company came in to do the same thing, would anything be done differently. He asked if we were giving this proposal any . favored treatment. Mr. Hickok stated that the City was not giving any favored treatment. FRIDLEY CITY COUNCIL NIEETING OF SEPTEMBER 23, 2002 P:�GE 13 Ms. Janet Pope, Asset/Developer Manager for Community Housing Development Corporation, stated that in ans�ver to Councilmember Barnette's question, there is a purchase option now on the property that Catholic Charities has with the Church of St. William. It is a donation from the church. The partnership is made of the CHDC and the Wells Fargo Bank to form Brandes Place. This is not a non-profit organization and is the entity that will own the land and the development. , The property will then be leased to Catholic Charities who will provide property manaaement and support services to the residents in the development. This arrangement has been made with Catholic Charities on other properties. Catholic Charities has a good record for property ' management. Ms. Pope stated that CHDC is the largest provider of multi-family affordable housina in Minnesota, and has over 2,300 units. They have various financing mechanisms and have found that the key is to cooperate with the local community. They met with staff and worked hard to make the rezoning w�ork. They are asked to provide housina that will meet the needs of the work force housing in communities or to take over properties that are in trouble. They have taken time to raise funds for Brandes Place and propose to build quality units. The MHFA has committed funds, the Anoka County Home Program, the HUD program and the Sisters of St. Joseph of Carondelet. The total development cost is about $2,500,000 and the private contribution is just over $1,400,000 from Wells Fargo and the Sister of St. Joseph's funds. Excellent property management is key also. They are working basically with three property managers because they have to rely on eYCellent property management, careful tenant screening, move-in inspections, follo��-up inspections on housekeeping issues, and light maintenance. They are very committed to keeping on top of preventative maintenance. They ha��e learned that they need substantial replacement reserves to keep the property looking good. Ms. Pope stated that the property will be transferred at the real estate closing. Once Brandes Place Limited Partnership owns the property, there are a variety of restrictions that mean that they need to keep the property as affordable housing for 30 ti�ears and get money contingent on doing that. The properties they work with end up being assets to the community. She said she does understand the concerns of the neighbors about property values. Two studies that have been done in the Twin Cities area that showed that property values in neighborhoods close to affordable housing went up faster after the development was built. Councilmember Barnette asked if the tenant does not pay more than 30 percent of their income towards the rent, who would subsidize the other part of the rent. Ms. Pope stated that they received Section 8 for 15 of the 16 units from the Metropolitan Council which is a HUD program. 0 Mayor Lund stated that he does not know that it is 30 percent of the tenant's income that goes for _ rent because the income could be a wide range. Ms. Pope stated that it could be close to what the rent is depending on income. Councilmember Billings asked if Ms. Pope could describe affordable work force housing. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 23, 2002 PAGE 14 Ms. Pope stated that it could include people pursuing education or other training. Other people may be administrative assistants, dental hyaienists. daycare providers, beginning teachers, and service front-line people. � Councilmember Billings asked if an acquaintance of his family whose husband was killed by a drunk driver and who has two small children would qualify. There was not any life insurance and she makes a little over $22,000 with two small children. Ms. Pope stated that that family wou(d qualify. MOTION by Councilmember Bolkcom to receive the article called "A Study of the Relationship Between Affordable Family Rental Housing and Home Values in the Twin Cities'' by Maxfield Research Inc., dated September, 2000. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTIN CARRIED UNANIMOUSLY. The attorney for Community Housing Development Corporation stated that the Civil Rights Act prohibits discrimination against families with children. There have been reports that Brandes Place is okay for seniors but not okay for children. Mr. Peter Kramer, Architect, Roark, Kramer and Kowalski Architects, stated that he wanted to show what they were proposing in terms of building height. The 16 units are located along Fifth Street on the piece of property that has been identified as Lot 1. They propose to locate the two story townhouses along Fifth Street at the break of the hill. The property slopes down and allows the design of a two-story configuration with a walk out at the back. Parking, trash enclosures, and play areas are located at the lower level behind the townhouses with the access drive from Fifth Street to the center of the property. The buildings are grouped in four, with a walkway between the pairs. The materials are quality and long-term and somewhat maintenance free. Masonry will be used around the foundation areas. The site will be fully landscaped to conform to the standards of the City. The building plans have been reviewed by the building inspector. He said they are in the process of finalizing the ponding behind St. William's Church. The units have a basement and a walk-out with landscaping in the front. The stipulations attached are not pediments. Councilmember Bolkcom asked how big the play area was. Mr. Kramer stated that it is about 1,200 square feet. Mr. Burns asked if the development costs are included in each unit. � Mr. Kramer stated that the construction costs are about $125,000. Father Larry Snyder, Executive Director, Catholic Charities of the Archdiocese of St. Paul and Minneapolis, stated that he subs at St. William's. Friendly Fridley is a true spirit he eYperienced at the church. Catholic Charities is recognized as a separate non-profit organization and provides FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 23, 2002 PAGE lj help and hope, especially in the areas of child welfare and those strug�ling with housing. He said Catholic Charities is committed to being a good neighbor. This is named for the former St. William's e�cemplary priest John Brandes. Ms. Allison Boisvert, Assistant Director; Emer;ency, Housing and Transitional Services, _ Catholic Charities, stated that they know� how to provide a wide continuum of housing. They support people �ti-ho are SiI'Llaaling. They have 304 units of permanent housing under management and manage 780 units of transitional and sheltered beds. She said they have a track " record for well maintained buildings inside and out. The operating budget for Brandes Place will be financed throuQh resident rents, Section 8 rent subsidies and private fundraising by Catholic Charities. Cunently, they manage Dupont Residence for families with HIV in south Minneapolis. The� also manage » family members in i�laplewood at a shelter for a thirty-day program at the Family Services Center. The Evergreen on Glenwood Avenue is well maintained with nice landscaping. Mary Hall houses approYimately 18� people everyday in St. Paul at 438 Main Street. She said they will screen people from this area. The families who apply will be interviewed with thorough background checks and those with serious criminal records will not be accepted. Councilmember Billings asked if Section 8 vouchers were issued and if there was a waiting period or if it was at the discretion of Catholic Charities. Ms. Boisvert stated that it is at the discretion of the management team and they ha�-e a deeper screening than most. There is a team of people who interview. Councilmember Billings asked what kind of screeninb process would be used at the proposed facility. Ms. Boisvert stated it would be multi-person screenin�. She said they have an advisory board that consists of people from St. William's. y Councilmember Billings asked if this type of property generates more police calls. Ms. Boisvert stated that the unit most like the one proposed here in Fridley had 5 police calls in the last year. There are 6 units there. One call was for a parking issue and one for a child missing. Councilmember Bolkcom asked how many children can live in one unit. Ms. Prober stated that there can be two per bedroom. • Councilmember Bolkcom asked if there could be two families of single mothers with children living in one unit. Ms. Tracy Berglund, Assistant Administrator, Minneapolis Services of Catholic Charities, stated that two single mothers could not si�n a lease together. FRIDLEY CITY COUNCIL NIEETING OF SEPTEMBER 23, 2002 P�►GE 16 Councilmember Bolkcom asked how long the similax siY-unit building has been under their management. Ms. Boisvert stated about 7 years. Councilmember Wolfe asked about the vouchers that would be needed for Section 8. Ms. Boisvert stated that they would need project vouchers. Councilmember Bolkcom asked if there are restrictions when there is Section 8 with respect to eviction because of multiple police calls to a unit or illegal activities. Ms. Boisvert stated that well managed properties do not have those issues. There will be 24-hour per day, 7 day a week coverage. Councilmember Barnette asked if a family is creating problems, what kind of procedure must occur pursuant to Section 8 rules for eviction. 1�1s. Berglund stated that they are allowed to use a month-to-month lease and if the residents are not following the guidelines they could be asked to move. If they do not leave, the next step would be court and possibly help from the police. Ms. Marilyn Wegscheider, Director of Social Justice and Outreach for the Church of St. William and Coordinator of the Brandes Place Project as representative of St. William, stated that Norwood Square is listed as 202 Section 8 housing 100 percent subsidized based on the income of the residents. Family housing is needed equally as much. The average rent for a two-bedroom apartment is $916. People cannot afford anything else beyond housing. St. William's is trying to respond to that need. Food shelves provide food, but people can only use that once per month. She said it is not a rich parish and giving the land was a sacrifice. It was done as part of the parish's jubilee celebration. Father Joseph Whalen, Pastor, Church of St. William, stated that they have heard from the federal government that faith-based initiatives are part of local responses to social outreach needs. He said that "Families Moving Forward" is a program that asks local churches to host families who have no homes for a period of one week at a time. The families stay in churches for one week and then go to another local church for one week. St. William participates and hosts families about four weeks per year. These are people who are working and cannot afford market rate rents. He said the decision to donate the land was made prior to his arrival at St. William's. St. William is the caretaker of the land and in the eyes of God, none of us own or possess anything. This project will be affordable and dignified. MOTION by Councilmember Barnette to allow Fridley residents to speak first, and then people from other communities. Seconded by Councilmember Wolfe. Councilmember Bolkcom stated that people deserve the same amount of attention and it is not only a City of Fridley issue. FRIDLEY CITY COUNCIL 1�IEETING OF SEPTEVIBER 23, 2002 PAGE 17 Mavor Lund stated that there mavbe two individuals from other cities. Councilmember Billin�s asked if all the cards contained cities where people live. Mayor Lund stated that they did. Councilmember Bi1linQs stated that they are probably going to spend more time discussina this than necessary. � UPON A VOICE VOTE, COUNCIL�TEMBERS BARi�1ETTE AND WOLFE VOTING AYE, i�IAYOR LtiND, COUNCILNIENIBER BOLI�CO�I VOTING NAY ��iD COUNCILMEMBER BILLINGS ABSTAINING, MAYOR LUND DECLARED THE MOTION FAILED. Ms. Louia Thompson, 6270 7`h Street N.E, stated that she is opposed and would much rather see a low income senior unit. Ms. Ellen Raeker, 4� 1 Rice Creek Terrace, stated that she is a physician at Unity Hospital and attends St. William's Church and is in favor of Brandes Place. She said there is a need for affordable housing in our suburb. Working people can easily end up homeless making less than $14 per hour and these are people she depends on every day. St. Mary's Clinic treats people without health insurance. Many of these clients are low wage families with children. There ma�� be a possible impact on the schools. People who live there will be screened. She thouaht the Brandes Place handbook for rules and regulations to be extensive. The Comprehensive Plan calls for housing to be provided for all people. Brandes Place fits the bill. Mr. Daniel Garcia, 6471 Fifth Street, stated that he lives in the HUD subsidized housing riaht b�� City Hall. Just drive through there on a weekend, :vith the Police Department across the street there is noise and fast traffic. Under Section 8, it is very hard to evict someone. He used to be a manager for Anoka County ACCAP. He used to see all the problems and could not do anythin� about it as it had to go through the office. They were told that they had to have visual proof, and if they are doing anything illegal, they have to have video and pictures. The seniors who live there are scared to come out of their houses because of the young people who live there who come out at night and on weekends. We have on-site management who are there from 8:00 a.m. to 4:00 p.m. and then leave. He encourages Council and the Mayor to drive by this area on a Friday or Saturday night. Mr. Roger Avery, 6010 Glencoe Street N.E., stated that he thinks there are other ways we could spend the money and put the effort into the people who made Fridley and Anoka County--the elderly. There would probably be an additional 112 cars per day more than there is now. We are adding two more police officers. The school system is overloaded. We cannot afford our taxes to subsidize this project. Ms. Kathy Freichels, 6051 Sixth Street N.E., stated that she is a member of the Parish Council and the Brandes Place Advisory Committee at St. William's. She supports Brandes Place. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 23, 2002 PAGE 18 Affordable housing for families is crucial for success in communities. Fridley should be a city of opportunity and each citizen is important. � � Ms. Dee Larson, 6161 Fifth Street, stated that her driveway will be across from where the new driveway will be. She is concerned that she will be across from all the traffic. She said they noted the multitude of cars going by in front of their house when they first moved in, and would . not let the kids play in front of the house. There was an accident near their driveway. The pond at Norwood Square did not do its job because her ex-husband's business in Moon Plaza had problems with water on three occasions and there was damage to his business. Brandes Place � would be built into the slope. She is against Brandes Place. She has been fighting financial battles for many years and will soon be homeless. It is easier for her as a 35-year-old w-oman to �et a job and start over than senior citizens. Seniors do not have as many resources. Ms. Pat Dufresne, 6121 Fifth Street, stated that she is directly affected and can see ihe site out her front windows. She said people are judging many families �vith children who they have never been met solely on their income level. That is disturbing. She has met many families seeking affordable housing and most are sincere and hard working. Their hopes and desires are not any different than ours. She believes stability for families is important and to do unto others as we would have others do unto us. We have an opportunity to be kind and generous to our fellow man. Fridley could be a model for other communities to follo�v. Mr. Don Mahr, 6181 Fifth Street, stated that a senior center would be better to avoid many problems. Most of us here today tightened our belts and built up. Let these people go to work. Ms. Connie Metcalf, 860 Moore Lake Drive, stated she did a study of affordable housing an behalf of the League of VJomen's Voters last year. She is disturbed by some of the fears e�cpressed by people. This project will be well supervised and these fears will be removed. She said if there was any difference with the zoning applying to senior or affordable housing or if they are required to be supportive to either one in the vote? Councilmember Billings stated that R-3 would apply to multi-family or multiple unit housing and could be affordable or senior housing. Any decision Council makes has to be made on the land use issues not on who the actual occupants of the property are going to be. Ms. Metcalf stated that since there is senior housing already, she cannot think of any other better use of this land than for families and children who need a secure home. She votes "ves". Mr. Bob Mickelson, 6320 Seventh Street states that the Section 8 housing near City Hall which his yard backs up to is "hoodlumville." The City is not doing a very good job keeping that area y quiet and he said he thinks similar problems will happen with Brandes Place. He said there is enough Section 8 housing in this area. . Mr. Joe Menth, 147 Chesney Way, stated that he was a trustee at St. William's. He said this would make affordable housing available to needy people. He did not know whether to say yes or no at first, but the turning point for him �vas the rule book put together by Catholic Charities FRIDLEY CITY COUNCIL MEETIiYG OF SEPTENIBER 23, 2002 P:�GE 19 for the Dupont project. The people at Catholic Charities kno�v what they are doing and are professionals. He is recommending Council say "yes." Ms. Jean Hegberg, 5881 Second Street N.E. stated that she lives around many low-income people. She said there is enough of this housing in Fridley. Building a senior place �vould be . much better. Ms. Gina Overacker, 1088 Hackman Circle. stated that when they first moved here ten years ago, � they moved three times in one year to find affordable housing. Her son and his family cannot afford rent. She said they pay $1,200 per month for a three bedroom apartment. Her dau�hter who was the Fridley Princess has a job, makes good money, is Qoing to college and cannot afford her own place in Fridley. She would love to have her own apartment but she cannot. She lives at home. This is admirable St. William is going to �ive this property and there is a need for this type of housing. Getting a job is not the answer and not everyone is equipped for college. If this does not pass, all we are doing is losing affordable housing to offer people. We hired two police officers because two !eft, not because there is so much crime. Crime is not necessarily where low income people live. Mr. Ray Peters, 6021 Central Avenue, stated that the law is on Council's side to vote yes. If that does not work there is always RLUIPA, �vhich is unconstitutional and does not define any separation between church and state. Vote "no" for the followinD reason: Why should this neighborhood be forced to absorb any more high-density housing. He asked if Mayor Lund was a member of St. William. Mayor Lund stated that he is. Mr. Peters asked how the Mayor could vote on this issue. If the vote is a tie, the City shottld but it up for a vote by the residents. He said it is a high density housing on a neighborhood that is already overburdened. 1�layor Lund stated that he is a member of the parish and this is not inconsistent with him being part of this community like anyone else. His position in this endeavor is to vote after hearing all input from both sides and do what is best for Fridley, not his own personal beliefs and feelings. Mr. Barney Buss, 6050 Fifth Street, asked how long this would be there. He asked if the land was given to Norwood Square in the same manner. The flyer that went out pertaining to this matter was anonymous and originated from a concerned citizens group. He said they held a neighborhood meeting and decided to put an ad in the paper and send out a flyer to the � community. The neighbors did not know about the project, and they wanted to let the people know what was happening. His wife is a parishioner of St. William's and the parishioners were - not given a vote. It seemed that when this did happen, they were led to believe that this was a done deal and they did not have a chance to fight it anymore. The objections at the few meetings the church did schedule appeared not to hold any weight, so the people stopped fighting it. The Focus would not put an ad in the paper to let the people know of the Planning Commission meeting. He expected something to be in the paper following the Planning Commission meeting. There was nothing. No one knew about it so the neighborhood sent out a flier. The flier did not FRIDLEY CITY COL�iCIL MEETING OF SEPTEMBER 23, 2002 p�GE 20 say who it was from. It did not say how people should vote. He said they did it as a service to the community. People thanked them for letting them know. He thanked the people who walked the streets distributinQ the flyer. VVhen a person said "yes," they honestly recorded that person's desire. Their result was 391 against this project and 37 in favor. He asked if Council would accept the reporting. 0 Mayor Lund stated that they would. Mr. Buss stated that Council will give preference to individuals coming in over the residents in Fridley who have been there many years. Ytayor Lund stated that he is not saying that at all. Mr. Buss asked if they should continue the petition then. Mayor Lund stated that they have accepted a couple of other petitions. Mr. Buss stated there has been an overwhelming number of people who do not want this project. He asked if thev should continue. Councilmember Bolkcom stated that Council was trying to receive all the information they possibly could and would not encourage or discourage Mr. Buss to go forward. She said she would like to hear other information. She would like reasons to base their decision on. Councilmember Barnette stated that voting on everything would be an excellent way. A referendum will probably not happen either. He was elected to make the decision himself, but all of this is helpful. Cotmcilmember Bolkcom asked Mr. Knaak about the legal issues on how to go about this. She said there are statutes that help Council make their decisions. Mr. Knaak stated that Arden Hills was faced with a request by Northwestern College to expand their facility. The neighbors showed up and there was unanimous opposition to the expansion: The City Council turned down the proposal. The Minnesota Supreme Court enunciated the law stated earlier that this was illegal. Property owner opposition cannot form a basis for an adverse determination. Opposition alone cannot serve as the sole and primary basis in any kind of decision according to Minnesota State law. MOTION by Councilmember Wolfe to accept the petition. Seconded by Councilmember ` Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANINIOUSLY. Mr. Albert Narog, 6720 Quincy Street N.E., state the he has lived in Fridley since 1958. He has met many people who are for or against this. He said we are talking about people, some we like, FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 23, 2002 PAGE 21 and some we do not. That is why we have war and we should like the new people that would live across the street. Ms. Janet Kreutter, 5916 Second Street, stated that she lives by a lo�v income area. She bouQht the house as a single mom. She �vorked really hard. She does not want to go out in the street any more. There are kids in a pack like wolves and they w-ill not move out the street when you are driving. They spit at you and look at you and tell you to move. She likes her house and wants to stay here, but if this continues she will not. People are selling their homes to �et out, and she lives by a park. It is a horror story and she �vould love to see the park demolished. Needles are all over it and all over the empty lot near her house. There are vehicles parked on the arass with no tabs that have not been moved in over a year. The police tell them there is nothina they can do. They have enough of a low income area. Friendly Fridley is wonderful but give lessons on how to be a good neighbor and not nm the streets until 4:00 a.m. Rocks are thrown at the houses and cars. The police come but they are gone already and then they come back. Problems do not go away fast. She worked two jobs and sent her kids to college. Anyone can do that. Give this to the seniors. We will all be there someday. Father Jon from the Church of the Resunection of Christ at 1201 Hathaway Lane in Fridley, said that he knows the good work that Catholic Charities does, and he thinks it would be a great thing to have them manage this place. Mr. Tom Guza, 6221 St" St. NE, stated that this matter could be liable for a lawsuit and RLUIPA is another lawsuit waiting to happen. It seems like a threat. You thanked the community for attending the September 11 celebration but this process seems to be getting stomped on. His father is 85 and was in World War II and worked hard. His neighbor is 93 and her husband was killed in 1931. She had two children and she pulled herself up and sent her kids to college on her own without help. The problems occurring in this country are that we are empowering people who make mistakes to stay in the same situation. You represent the people of Fridley and you must listen to people. Ms. Jeanette LeBlanc, 48�6 Madison Street N.E., Columbia Heights, stated that she has lived in Anoka County for 30 years. She had four children and is a single parent. She said she does not know where all this negativity is coming from. She has been a parishioner of St. William's, and this proposal is much more positive than what is being portrayed. She is proud to be a parishioner and will continue to be a parishioner. Mr. Ronald Anderson, 6331 Washington, stated that he has lived in Fridley since 1963. If you go to any stores in the area, you will see a sign saying no more than 2 kids in the store at one ` time. If they put in this low-cost housing, the kids run wild. Nobody seems to care. This is not right. He said it should be put on the ballot and let the City of Fridley residents vote on this. Mr. Earl Newburg, 6598 Clover Place, stated that he has lived in Fridley since 1956. Before coming to the meeting, he called the Anoka County Social Services and asked if there was a need for this type of housing. They said that there definitely was. He asked about Catholic Charities and they said they do an e�cellent jab. This has been a good neighborhood, and the ne�v people will be evaluated to see if they would be good citizens. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 23, 2002 PAGE 22 Mr. Jack Kirkham, 430 - 67`�, Avenue stated that it is not fair that the petitioners got an hour and half to speak. The "no" people should have an hour and a half. Anytime someone is making a proposal there will be many promises made that cannot necessarily be kept. A Qood example is Mr. Garcia's comments. Catholic Charities states that three strikes and you are out. Mr. Garcia can testify that it is very hard to remove someone. How are they going to screen, when the attorney states that discrimination is not allowed. The neighbors on the other side of the street are R-1, so this zoning is more of an issue than a small chunk of land going from R-2 to R-3. Mr. Hickok stated that we need more three bedroom units and that would be the reason for voting for this proposal. The plans only call for seven three-bedroom units out of 16. RLUIPA is an issue too. He said zoning is a good thing and citizens deserve to expect that once something is zoned a certain way, it should remain that way. The neighbors in close proximity to this are against the rezoning. Ms. Sue Watlov Phillips, 135� Hillcrest Drive, stated that her family has lived in Fridley since 1955. She bought the house she grew up in. The Comprehensive P�an clear(y states that one of the goals in the City of Fridley is to provide affordable housing. More three-bedroom units are needed. Housing has become very expensive in this community. To rent a one-bedroom apartment in this community you would need to make $13.71 per hour. To rent a two-bedroom you would need to make $17.54. To rent a three-bedroom you would need to make $23.71 or $49,320. We are not creating these types of jobs. The majority of jobs are paying less than $10 per hour. It is imperative that we follow the plan. We do have a great need for affordable housing. Right now if she was graduating from high school she could not rent and many people's kids and grandchildren cannot rent unless the� are makin� $20 to $30 per hour. A vast majority of people living in Fridley right now are 2° 3`a, and 4` generation immigrants. We need to continue the welcoming committee as we have new people moving in. Her property value has doubled over the past two years. We do not screen homeowners and never tell people whether they are good enough to live in this community. There have been major changes for Section 8 on the federal level and if there is a month-to-month lease, it is easier to evict people. Seventy-five percent of all subsidy that goes to people is to homeowners. It is a mortgage interest write-off and a property tax write-off. The City has signed the Comprehensive Plan and the dollars awarded to this project are based on Council agreeing with that plan. She said that the attorney stated that the issue of how the water is going to run-off needs to be addressed. This project, on land which was donated to meet one of our City's goals, makes a great deal of sense. Mr. Tom Myhra, 6360 Able Street, stated that he lives in a rambler on a modest lot. He was the last speaker's teacher and has been around. He has access to a lawyer and she said these cases are in total flux. One was a catholic church that wanted to put in a cemetery on private property. People said no and the courts said that they had the right to put it in. Fridley's zoning does not " work in the religious exercise of a purpose. The second part is discriminatian in churches if the law is not compelling. Sometimes you have to put your foot down and say this is not a religious - purpose. If the people of St. William's really wanted people, why did they have to rezone it R-1. They cou(d get four families in there and have St. William's sponsor them. He said he hoped that Council would vote "no." FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 23, 2002 PAGE 23 Mr. Jerome Tiller, 1�5� Gardena Avenue, stated that he has been a resident for 54 years. He was going to talk about the Fair Housing Act of 1968 and the Comprehensive Plan and how well this fits, but he is just going to say he is very much in favor of this and that it is good for the City-. N1r. Edmond Sworsky, 491 - 61St Avenue N.E., stated that stated that he has been a resident for 4� years. Kids are now having a hard time because the referendum recently failed, which proved that people do not want more taxes. He said our schools are built on state aid. He stated that if you want to see traffic, live on the corner of 61 S` and Seventh Street. In the morning, it is bumper to bumper from 1�lississippi to 61s` and goes on to the Conoco station. There is no place for the kids. He said it bothers him that �ve talk about all this but nobody is willing to do anvthinQ about it. � Mr. Terry Overacker, 1088 Hackmann Circle, stated that he moved here in 1992 and paid $�0 per month rent. That was twice what his house payment was in Oklahoma before he came here. He does not consider that affordable housing. One year later he moved over on East River Road at $950 per month and that is not affordable housing for a family of five. They try to help people who come to the church for help. He has helped with every angle. He has yet to meet one of these people that he would not have as a neighbor. They have children who are the future of America and what better way to help them than to become a better person. There are catholic services available for any of these people ��ho have problems. Many of these people have yifts and talents to offer Nlinnesota and the United States. He said his own house has appreciated over $100,000 and when he was 25 years old he could not afford that. He cannot think of a better place to help these people than friendly Fridley, or maybe it is not as friendly as it used to be. Ms. Jean Koyle, 6271 SiYth Street, stated that she has lived in Fridley for 42 years. She said she checked to find out if Fridley was neglecting the homeless and low income. She said Fridley is over the quota for housing for low income but below in housing for seniors. T'here is a two to five year waiting period for getting into a senior high-rise. It is not fair to put developments like this with all the noise and congestion next to a senior high-rise right now. Those of tise who are going to St. William's are wondering why we did not have a vote on this. Father Jim Radde, S.J., 5820 East River Road, said he is a Jesuit priest who has been a Fridley resident for five years now. He is part of the Alliance for Violence Free Anoka County. Brandes Place would be a big change for neighborhood residents and families who desperately need a place to live. Change is a normal part of life. It can, however, produce fear of losing something you are comfortable with. A place to live is a basic human need we all have. Ms. Corrine Hawkinson, 6311 Washington Street N.E., said she has been here for 42 years. She said there is low income east of the river. There is a crime consideration for Norwood Square residents when parking outside. She is a member of St. William's and was a single parent for quite awhile. There are ways to receive help. Helping 1 � families may or may not help much in the real scheme of things. We do not have jobs that pay a livable scale with health insurance. The seniors cannot walk at night anymore in this area, it is too dangerous. Mr. Dan Hetman, 230 Craigbrook Way, stated that he is Catholic himself and moved to Fridley from St. Paul siY years ago to get away from this. He said when he lived in St. Paul he lived near FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 23, 2002 PAGE 2-� a six unit building that invested in landscaping. He watched as people pulled out the bushes and cut down the trees. The building next to him was a halfway house that had caretakers living in the building. They did not even smell a man who had passed away in the building due to alcohol poisoning. There are many run down homes in Fridley that could be refiirbished and there are other options. There is a need for housing but Fridley has enough on its plate. He kno��-s someone who will be submitting a letter stating that Catholic Charities did not keep up their . properties. The people did not even park where they were supposed to. He �vould urge Council to say "no" to this. Mr. Tom Rodgers, 6420 Squire Drive, stated that he has only been a resident of Fridley for four years. For 32 years he grew up in a suburb of south Los Angeles in the Cit�- of Carson and he has seen what low income housing can do when it goes wrong. When they rezoned his aunt's neighborhood in Eaglewood, California, it ��as not long before her mother L1s. Luella Perry was murdered over a$�0 television set by a transient. A transient murdered his sister's sister-in-la�r-. His cousin's son was jumped by a group of gang members and he was crippled. They rezoned a trailer park between his house and the high school and his sister was sexually assaulted three times walking to and from school. He is not a bigot or wants to deny someone a home. He does not want to come home to find his wife murdered like Mrs. Perry. He submitted an article on Stevenson's Village regarding the killings, rapes, and violent crimes. He cannot say if this is going to work or not. Catholic Charities should give the people of Fridley some kind of liabilin� contract that protects the people around their homes. Mr. Lee Switzer, 5870 Seventh Street, stated that he has lived in Fridley for 39 years. He is opposed to this. There will be somewhere between 30 to 60 children in this project. This places an additional burden on the schools they should not have to carry and cannot affard. The taxpayers of Fridley will have to pay for this additional burden since Catholic Charities is only paying $18,000. We are a government of representative democracy. The residents chose the Mayor and Council and gave them the responsibility. There is a strong vote of "no" here and he hopes that Council will not turn their backs on the people who placed their trust in them. If this is rezoned, there will be ramifications for many years. There is a lawsuit for turninQ down the request. If we all stopped in our tracks for a possibility of a lawsuit life would cease to exist. Ms. Cindee Weber, 6021 Sixth Street N.E., stated that there are too many kids at Hayes right now. There are too many cutbacks for proper staff. Ms. Jody Gambel, 6020 Sixth Street N.E., asked if the petition from St. William is a legal document. Mr. Knaak stated that it has been received and does not need to be notarized. Ms. Gambel stated that in a two-mile square radius there is the highest percentage of high - density housing than in any other part of Fridley. She asked if Council remembered the amount of money that was paid to evict the tenants across from Holly Center w•hen thev built the townhomes. Roads can handle the extra traffic, but the people cannot with all the little children near the roads. She said a covenant should be added restricting this to people �vho could serve the community. She hopes Council does not approve this request. A police report from Villaae FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 23, 2002 PAGE 2� Green at the beQinning of the year is interesting to read. Please table this to allow more time for Council to conduct studies and investigate Catholic Charities and crime statistics. See if you would like to live one block from this site. Ms. Gwen Vierkant, 1040 - 67�" Avenue N.E., stated that she �vorks in the western suburbs and they feel sorrv for people who live in Fridley. She said she keeps assuring them that it is a safe place. ` Ms. Katy Vechell, 6001 Fifth Street N.E., stated that she lives directly across from Nonvood Square. She was told by the City that the petition needs to be notarized to be legal documentation. MOTION by Councilmember Wolfe to accept the petition. Seconded by Cotmcilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Vechell stated that she sent letters to Council. These townhomes are going to be two stories high, but the neighborhood is mostly single family ramblers. The street is not equipped for more cars or housing. Maybe someone should sit on Fifth Street two days in a row and look at the traffic backed up. She asked if this site was built if there would be access for fire and emer�ency vehicles. The 7`" grade will not accept more children because there is no room. She asked where the children would be sent. Some of the Fridley taYpayers will have to pick up the bill for the rezoning. She said that 1.7 acres is not a lot of property for this. There would be about 70 people living in that project. Some of the Norwood seniors have a dangerous time walkinQ down the street. Before you vote on this, look at all of us who voted for you to represent the City of Fridley, and vote no for the rezoning. Mr. Phil Hofstad, 234 Mercury Drive, stated that he would not be at the meeting if not for the notice that went around to the neighborhood. He is concerned about the notice opposing the Brandes Place. Declining home values do not apply if the project has been well built and is not shoddy. Statistics that low income people commit more crime may be true nationally, but he would like to see more statistics that support this. This notice assumes the new neighbors are guilty until proven innocent. Neighbors would be more compassionate to older residents. That is saying it is easier to be supportive of older people, but much harder to care for older immigrants, minorities, and poor people. Older people are less likely to "make trouble" so it is okay to let them into our neighborhood. That message is discriminatory. We are all immigrants � or descendants of immigrants and American citizens deserve the rights we all share. One of the many civil rights is the right to privacy, and the results of the screening checks are none of our - business. I hope we welcome newcomers who are not as fortunate as the rest of us. Mr. Joe VVeber, 6021 Sixth Street, stated that he has not heard his neighbors express a point of view yet. He lives a block away. Charity is moral and Christ said "when you do this to the least of my brothers, you did this to me." He said their decision to buy a home in Fridley was due to a sense of direction they felt they were headed in. Christianson Crossing came at a great e�pense FRIDLEY CITY COUNCIL NIEETING OF SEPTEMBER 23, 2002 PAGE 26 to the City of Fridley and each of those residents received $5,000 as part of a class action lawsuit. Charity is not taY breaks and dipping into federal funds and imposing your idea upon someone else's neighborhood. This neighborhood carries its burden for multi-family units and will carry another when commuter rail starts up with the station on the other side of University Avenue. He said we need to stick with a vision for Fridley and not modify it tmder a threat. �1r. Pete Eisenzimmer, 6�35 Oakley Drive N.E., stated that he feels there are enough low income properties in this city. Let us build something far senior citizens. He said that they cannot leave their building without getting attacked. These petitions have to be notarized to be legal petitions. The City Clerk presents the petitions to Council. You do not know what it is like drivina through that. area at night and it is not safe to walk through that section. This is no longer a City of Fridley with all the townhomes. This should go for the seniors. Councilmember Bolkcom asked if the petitions had to be notarized. Mr. Knaak stated that what evidence you receive in a public hearing is whatever you choose to receive. He said this is different thari the kind that is necessary for referendums in which you need notarized voter lists. Mr. George Carline, 570� Jackson Street N.E., asked what the waiting list is like right now for Section 8. Mayor Lund stated that two options are available but the list is closed. The other option is Section 8 vouchers to pay for private rental property, but that is also closed. Mr. Carline stated that this is a government subsidy thing that is discriminatory. 1�1any people on SSI and welfare cannot make it on what they get. He does not like Section 8 because it is not inherently fair. Catholic Charities tells us they will screen but he used to own apartment buildings and has seen when you accept Section 8 you accept the rules. He said he doubts they will screen at all because a person who is accepted by Section 8 will be entitled to come here. When you have to subsidize 80 to 90% of this, this is not affordable. There is no such thing as a single mother, they all have a boyfriends and ex-husbands. They come with other baggage they cannot screen. The level of affordable housing keeps being raised. Ms. Mary Schwartz, 5836 Washington Street N.E., asked how much it would cost to rezorie this. Mayor Lund stated that there is no cost to the City to rezone this other than staff s time. Councilmember Billings stated that this is not a City project. The petitioner paid for the rezoning. Ms. Schwartz stated that the referendum did not pass, and if there is City money to do this, they can give it to the schools. There are many people in Fridley who need homes. He said we do not need to go searchinQ for these families and children. They are here. FRIDLEY CITY COUNCIL vtEETING OF SEPTENIBER 23, 2002 PAGE 27 Mr. Scott Huber, 6381 Nlonroe St., stated that the water problem at Moon Plaza �vas mentioned. He said that Mr. Tim Keenan, the owner of Moon Plaza was at the Planning Commission meeting. There may be an opportunity for senior housing. If they- rezone this for residential, what is to stop Mr. Keenan from rezoning his commercial property and have more low income housing there. Councilmember Bolkcom stated that she would like some traffic counts done before the nest Council meeting, receive more information on crime rates in relation to the surrounding housing ' and other housing, check into the high density and Section 8 percentages, receive more information on the Second Street issues, the situation that the woman talked about when she called the police a �veek ago, the question of Hayes School with almost half of the students there from outside rental property, and also of 7`h graders not being accepted into the school. Councilmember Barnette stated that ponding behind Norwood Square could be looked at also. Councilmember Bolkcom stated that we need t� know if we are at capacity in the schools. Councilmember Barnette stated that 7`h grade at the Middle School is still accepting. Mr. Hickok stated that Dave Sallman did prepare comparison of crime rates between the Rice Creek Townhomes and Village Green and that infarmation is available. Councilmember Bolkcom stated that she did not have that information to refer to. Mr. Hickok asked about the Section 8 memorandum that was in the packet. Councilmember Bolkcom stated that people do need to understand the difference between the housing percentage and it should be pan of public record. Councilmember Wolfe stated that the total amount of Section 8 in Fridley is less than one percent. MOTION by Councilmember Billings to close the public hearing. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED A1N�D THE PUBLIC HEARING WAS CLOSED AT 12:45 P.M. Mr. Hickok stated that the ne�t action on these items would occur on October 14. 0 FRIDLEY CITY COUNCIL NIEETING OF SEPTEMBER 23, 2002 PAGE 28 NEW BUSINESS 16. INFORMAL STATUS REPORTS: Councilmember Bolkcom stated that after the meeting she would like to find out from the City Attorney how the meeting went with NIr. Potasek. She would also like a report on Mr. Kiewel's . case. 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 23, 2002, CITY COUNCIL MEETING ADJOURNED AT 12:�2 P.M. Respectfully submitted, Signe L. Johnson Recording Secretary ScotE J. Lund Mayor � CITY OF FRIDLEY PLANNING COMMISSION MEETING, SEPTEMBER 18, 2002 CALL TO ORDER: Chairperson Savage called the September 18, 2002, Planning Commission meeting to order at 7:30 p.m. ROLL CALL: Members Present: Diane Savage, Dave Kondrick, Barb Johns, Larry Kuechle, Dean Saba, Leroy Oquist, Brad Dunham Members Absent: None Others Present: Stephanie Hanson, Planner Kevin Swanson, 7053 Hickory Drive APPROVE THE SEPTEMBER 4. 2002 PLANNING COMMISSION MEETING MINUTES; Ms. Savage stated that on page 11, she needs the "VPA records" that she stated, to be changed to "BCA records." That means Bureau of Criminal Apprehension. MOTION by Mr. Kondrick, seconded by Ms. Johns, to approve the September 4, 2002, Planning Commission meeting minutes as amended. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING: Consideration of Special Use Permit, SP #02-09, by Kevin Swanson for a second accessory structure, for storage purposes, generalfy located at 7053 Hickory Drive NE. MOTION by Mr. Kondrick, seconded by Mr. Kuechle, to waive the reading and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 7:32 P.M. Ms. Hanson stated the petitioner is requesting a special use permit to construct a 960 squa�e foot accessory building located at 7053 Hickory Drive. Code requires a special use permit to allow accessory buildings other than the first building over 240 square feet. Total square footage of accessory structures is not to exceed 1,400 square feet. The total square footage of all the existing and supposed structures on this site will be 1,400 square feet. Ms. Hanson stated that the arborvitae and the birch tree wifl be transplanted to a different area in the yard. There is also a site plan which shows that the structure will be located 12.5 feet from the property line. Staff recommends approval as second accessory buildings over 240 square feet are permitted in the R-1 zoning district. Staff recommends the following stipulations: 1. Staff shall conduct regular inspections of this site if at any time a trail simulating a driveway is present, a hard surface driveway as approved by the City will need to be expelled within 90 days. 2. The petitioner shall obtain all necessary building permits prior to construction. 3. The structure shall not be used for a home occupation or living area. 1 PLANNING COMMISSION MEETING, SEPTEMBER 18, 2002 PAGE 2 4. Ail vehicles shall be stored on a hard surface as approved by the City. 5. Total square footage of all accessory structures must not exceed 1,400 square feet. 6. Accessory buildings shaii be architecturally compatible with the same siding and color scheme. Ms. Savage stated that a second accessory structures cannot be used as a home occupation or living area, but can it be used as a study? Ms. Hanson stated that she is unsure of how to answer that. Living space is not permissible. To the best of her knowledge, only storage is allowed. Mr. Saba stated that he would like clarification on that. Ms. Hanson stated she would have to consult with other staff before she could answer that question. Mr. Kuechle stated the definition of "living in the place" would be spending the night there. Ms. Savage stated this can be clarified by staff at the next meeting. Ms. Hanson stated staff would bring the answer to the next meeting. Mr. Kuechle asked if she knew what the rule was regarding plumbing in an accessory building. Ms. Hanson stated she did not. Mr. Kuechle asked if any construction was going on at this site right now. Ms. Hanson stated that the petitioner did come in and get building permits. Ms. Savage asked if she was aware of any opposition from the neighbors. Ms. Hanson stated staff has not heard of any opposition. The petitioner, Mr. Kevin Swanson, stated that he will use this building for vehicle storage. He would store a truck, boat, and trailer in the building. He would prefer to put everything inside a building. He has no use for a driveway and has no problem with the stipulations. Mr. Kuechle asked if Mr. Swanson understood that he would not need a paved surface driveway to his garage for occasional use of the garage. Mr. Swanson stated that he understood. Ms. Johns asked if he would meet all the setback requirements if there is a need to put in the driveway. Mr. Swanson stated he would. The property is a half acre, and the house is so close to the street that there is a big backyard. There are no neighbors to the east, only to the north and the south, and these neighbors have no problems with this request. Ms. Johns asked if the tree was transplantable. Mr. Swanson stated that the birch tree was close. He is spending the extra money to try to transplant that rather than spending money on more trees. �� P�ANNING COMMISSION MEETING. SEPTEMBER 18. 2002 MOTION by Mr. Kondrick, seconded by Mr. Kuechle, to close the public hearing. PAGE 3 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:38 P.M. Ms. Savage stated she does not have any problems with this request as it conforms to code. Mr. Kondrick agreed. MOTION by Mr. Saba, seconded by Mr. Kuechle, to recommend approval of special use permit, SP #02-09, with the following stipulations: 1. Staff shall conduct regular inspections of this site if at any time a trail simulating a driveway is present, a hard surface driveway as approved by the City will need to be expelled within 90 days. 2. The petitioner shall obtain all necessary building permits prior to construction. 3. The structure shall not be used for a home occupation or living area. 4. All vehicles shall be stored on a hard surface as approved by the City. 5. Total square footage of all accessory structures must not exceed 1,400 square feet. 6. Accessory buildings shall be architecturally compatible with the same siding and color scheme. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Savage stated this request will go to the City Council on October 14. 2. RECEIVE THE MINUTES OF THE AUGUST 1. 2002, HOUSING AND REDEVELOPMENT AUTHORITY MEETING: MOTION by Mr. Kondrick, seconded by Mr. Oquist, to receive the minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. OTHER BUSINESS: Ms. Hanson stated the October 16 Planning Commission meeting has been canceled. 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 18, 2002, PLANNING COMMISSION ADJOURNED AT 7:44 P.M. Respectfully submitted, �� Sign L. Johns Recording Secretary �� CITY OF FRIDLEY PLANNING COMMISSION MEETING, OCTOBER 2, 2002 CALL TO ORDER: Chairperson Savage called the October 2, 2002, Planning Commission meeting to order at 7:30 p.m. ROLL CALL: Members Present: Diane Savage, Barb Johns, David Kondrick, Brad Dunharn, Dean Saba, LeRoy Oquist Members Absent: Larry Kuechle � Others Present: Paul Boiin, Pianning Coordinator Dave McLellan, Van-O-Lite Bob Fulgency, Attorney for Van-O-Lite Glenn Hype, Van-O-Lite Stephen & Marisha Schletty, Van-O-Lite Stephen McLellan, Van-O-Lite APPROVE THE SEPTEMBER 18 2002 PLANNING COMMISSION MEETfNG MINUTES: MOTION by Mr. Kondrick, seconded by Ms. Savage, to approve the September 18, 2002, Planning Commission meeting minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING: Consideration of Special Use Permit, SP #02-08, by Van-O-Lite, Inc., to allow unscreened outdoor storage, generally located at 5945 University Avenue NE. MOTION by Mr. Kondrick, seconded by Mr. Oquist, to waive the reading and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 7:31 P.M. Mr. Bolin stated the petitioner is requesting a special use permit to allow exterior storage of containers in the C-2, General Business District, at 5945 University Avenue. Section 205 of the City Code requires a special use permit to allow outdoor storage in this zoning district. Mr. Bolin presented photos of the containers (and structure) for which the petitioner is requesting a special use permit in order to keep on the side of the building. City staff recommended denial of the special use permit request. The existing building was constructed in 2001 and required variances for this structure and parking requirements. As a result, the open space around the building is at a premium. This site requires variances to reduce the front yard setback for parking; there is a variance to reduce the required planting area in the front and also a variance to reduce the parking stall width in order to fit everything into this site. There is not a lot of extra space on the site. � PLANNING COMMISSION MEETING, OCTOBER 2, 2002 PAGE 2 Mr. Bolin stated that in the past, the petitioner applied for a permit for a mezzanine which would be used for the storage of materials. A mezzanine would be basically a second floor in the building. Currently the way the building is configured, there is office space above half the first floor area, and the rest of the building is open from the floor up. The petitioner had submitted a building application to construct a mezzanine in that upper area for storage. He stated the petitioner chose not to pursue construction of that mezzanine because of the sprinkler requirements that would have been triggered by the City adopting Chapter 1306 of the State Building Code. Mr. Bolin stated that according to staffs analysis, building a mezzanine is the best alternative for storage on this site, moving the storage from the outside to the interior of the building where it belongs. The containers are highly visible from 60th Avenue and the residential neighborhood from the east. Even though they have been painted to match the building, they still stick out as storage containers. These may leave the City with undesirable image issues and would set a precedent for other commercial properties who would rather store goods outside than invest in their property to provide proper storage inside. Storage containers will potentially diminish the normal enjoyment of the property surrounding this site. Mr. Bolin stated fire roadway standards, Article 10 of the Fire Code, require a 20-foot width of unobstructed clearance to get around this site. The location of the containers provide 18 feet 10 inches between the parking stalls and the containers, so there is inadequate room there. Because this site is already maximized, further reduction of the aisle space could potentially harm the firefighters' ability to maneuver on this site. Mr. Bolin showed a site plan showing the containers on the back side of the building and, according to the petitioner's measurement, there is 18 feet 10 inches between the containers and the parking stalls on that side. Mr. Saba asked how would this not be in compliance with the new proposed outdoor storage ordinance? Mr. Bolin replied the proposed outdoor storage ordinance is for industrial districts. Commercial districts are not included in that ordinance, and the Council is discussing a number of screening requirements that would be attached to that proposed ordinance. Ms. Johns asked what kind of fence separates the property from the residential property. Mr. Bolin replied there is a residential-style wood fence. This was a requirement of the variance and plat requests that went along with this development. Mr. Oquist inquired about the dumpster and its location. Mr. Bolin stated that needs to be located in an approved site that cannot interFere with the circulation on the site. Ms. Savage related a phone message was received from Donna Leach and letters were received from Paul Klein and Archie Lahti who are neighbors opposing the containers. MOTION by Mr. Kondrick, seconded by Mr. Saba, to receive the letters. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 5 PLANNING COMMISSION MEETING, OCTOBER 2, 2002 PAGE 3 Ms. Jotins inquired how the sprinkler system would be placed in the building when the mezzanine is added and whether there is a sprinkler system currently in the building. Mr. Bolin stated any more square footage to the interior of the building wouid require a sprinkler. He did not believe a sprinkler system was installed at this time. Ms. Johns asked if that meant a sprinkler system wouid have to be installed throughout the whole building. Mr. Bolin replied, yes, that was his understanding. Mr. Dunham asked if the dumpster was in the right location. Mr. Bolin stated they would have to look at it. He knew it was a stipulation with the variances and that it also needed to be in a City-approved dumpster enclosure. They have talked in the past about different locations on this site and there are probably other options. Mr. Kondrick asked how high the fence was in the rear of property on the property line dividing the housing and the building. Mr. Bolin stated he believed it was approximately six feet. Attorney for Van-O-Lite, Robert J. Fulgency, made a presentation. Mr. Fulgency replied to the three reasons staff denied the special use permit as follows: He pointed out the painting of the containers matched that of the building and how you could not see the containers from 50 feet away. He showed a photo of the fence as a view of what the neighbors would have. He read from Section 205.14, C-2, General Business Requirements, Section 7(2) which provides all materials and commercial equipment shall be kept in a building or shall be fully screened so as to not be visible from public right-of-way. He stated you cannot see the contents of the containers and the material inside is screened, fully complying with the City Code. In relation to impact of the neighborhood, there is none because of the painting of the containers, the fence, and the materials inside are screened. He pointed out that �rou cannot see the containers from the major city boulevard, University Avenue. Also, 60 Street is not a major boulevard. He also stated he measured the area and there is a 20-foot clearance. Mr. Fulgency provided a history of the business and stated that in 2000, Van-O-Lite secured a new site because of storage problems at the old site at 6041 University Avenue. They moved in January 2001. He stated one of the personnel called the planning office and was told, when he asked about outdoor storage containers, that they were not encouraged but were permitted. So, based on that information they purchased and used the containers and never heard from anyone for six months. Mr. Fulgency stated Van-O-Lite prepared new architectural plans to include plans for a mezzanine; but when they presented them, they were told by the Planning Department that a sprinkler system would be required. Van-O-Lite has applied for a loan to install a sprinkler system and will build the mezzanine and install the sprinkler system once the loan is approved. They are looking at a special use permit for only 6 months to a year while they install the mezzanine. Mr. Kondrick asked if the distance of 18 feet 10 inches or 20 feet is from the outside of the containers from the building to the end of the road surface where a fire prevention piece of apparatus would be driving through there. u PLANNING COMMISSION MEETING, OCTOBER 2, 2002 PAGE 4 Mr. Fulgency stated that if you measure from the edge of those storage containers to where a car is, it is 20 feet in length. Only cars are parked back there. Van-O-Lite has an agreement with AI-Anon to use its parking spaces for a few months and not have any cars parked there. The president of Van-O-Lite, Dave McLellen, stated it was always their intent to use the mezzanine and they have been working towards that. Ms. Savage asked that if the special use permit is denied by City Council, what would they do with the containers? Mr. McLellen replied they would have to get rid of the containers; that they would have to sell them back. Mr. Oquist asked what would they do with the materials. Mr. McLellan replied that is what the meuanine was planned for all along. Mr. Oquist stated that in the packet received from Mr. Fulgency, there is letter from Wells Fargo and JTD showing that Van-O-Lite has now applied and appears they now have the financing and are moving ahead. Ms. Johns asked whether they have approached the City on what those plans are. Mr. McLellan replied they are looking at a couple of options on the mezzanine and the modifications to further comply and/or qualify process. Mr. Kondrick asked about the height of the containers? Mr. McLellan replied they are 8 feet high. Mr. Kondrick asked about the height of the fence? Mr. McLellan replied the fence is 6%2 to 7 feet high. Ms. Johns asked if Van-O-Lite has considered using huge shelf-type units which she thought would be much cheaper. Mr. McLellan replied there are a number of aisles to facilitate the moving of a forklift. Ms. Johns stated they would gain in the height of the property, not the square footage. Mr. McLellan commented they could use a much bigger container. 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 7:58 P.M. Ms. Savage asked if there was some temporary possibility allowing temporary storage? Mr. Bolin replied, no, state statute does not allow that. Once a special use permit is granted, it remains with the property. By approving a temporary special use permit, they would have a fight later in trying to revoke the special use permit. There is no sunset clause that can be placed on a special use permit. 7 PLANNING COMMISSION MEETING, OCTOBER 2, 2002 PAGE 5 Ms. Savage stated sometimes they grant some temporary outdoor storage and asked how is that done. Mr. Bolin replied there is a special use permit that allows for seasonal outdoor sales and that there is a special use permit process that is specific to those items. Ms. Savage stated she recalled some other situations where there was just temporary outdoor storage for something special, i.e., an auto show. Mr. Bolin replied in the case of the auto show at Columbia Arena, they have a special use permit that allows them to have the outdoor sales three times per year; the permit is not temporary but limits how often they can have their outdoor sales. Mr. Kondrick inquired about the difference in the 18 feet to 20 feet distance between the containers and the parking spaces. Mr. Bolin confirmed it is 18 feet 10 inches from the container to the edge of the painted stripe. He stated the petitioner's attorney is stating that when cars park there, there is 20 feet from the edge of the containers to the small car parked there. Mr. Kondrick inquired if cars were not there, what would the distance be? He also commented that he could not see containers from the street behind the building when he drove by. Ms. Savage stated the fence it not very high and the residents can see from the upper floors of their homes. Mr. Oquist commented the containers are painted now and really do blend in. Ms. Savage stated that by granting the special use permit, there is the danger of setting a precedent for others. Mr. Oquist asked if they could stipulate certain things. Ms. Savage stated that possibly the containers could be removed within a certain amount of time. Ms. Johns pointed out that then there would be a special use permit still in force. She also expressed concern about a fire and the business has no sprinkler system. Mr. Oquist commented they cannot put a time duration on the special use permit and there is nothing saying they could maybe do the mezzanine thing but keep the storage. They may need additional storage and the containers may stay there. He also commented about the precedent they would be setting. MOTION by Ms. Johns, seconded by Mr. Saba, to deny Special Use Permit, SP 02-08. UPON A VOICE VOTE - MR. SABA, MS. SAVAGE, MS. JOHNS, MR. DUNHAM, AND MR. OQUIST VOTING AYE - MR. KONDRICK VOTING NAY, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED BY A VOTE OF 5-1. Ms. Savage stated that Council will make a final decision on this special use permit on October 14. : PLANNING COMMISSION MEETING, OCTOBER 2, 2002 PAGE 6 2. RECEIVE THE MINUTES OF THE AUGUST 28. 2002 APPEALS COMMISSION MEETING. MOTION by Mr. Kondrick, seconded by Ms. Johns, to receive the September 18, 2002, Appeals Commission meeting minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. RECEIVE THE MINUTES OF THE SEPTEMBER 5 2002 HOUSING AND REDEVELOPMENT AUTHORITY MEETING. MOTION by Mr. Oquist, seconded by Mr. Kondrick, to receive the September 5, 2002, Housing and Redevelopment Authority meeting minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. RECEIVE THE MINUTES OF THE SEPTEMBER 17 2002 ENVIRONMENTAL QUALITY AND ENERGY COMMISSION MEETING. MOTION by Ms. Johns, seconded by Mr. Saba, to receive the September 17, 2002, Environmental Quality and Energy Commission meeting minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. OTHER BUSINESS: Mr. Bolin introduced the new recording secretary, Denise Letendre. ADJOURNMENT: MOTION by Mr. Kondrick, seconded by Mr. Oquist, to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE SEPTEMBER 18, 2002, PLANNING COMMISSION ADJOURNED AT 8:09 P.M. Respectfully submitted, �� %-�t. �-,i� m �� ,.� c� c.�t, Denise M. Letendre �� Recording Secretary 0 � AGENDA ITEM � CITY COUNCIL MEETING OF OCTOBER 14, 2002 cmr oF FRIDLEY Date: October 9, 2002 To: William Burns, City Manager�j f�� `P From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stephanie Hanson, Planner Subject: Special Use Permit Request, SP #02-09, Kevin Swanson M-02-117 INTRODUCTION Kevin Swanson, property owner of 7053 Hickory Drive, is seeking a special use permit to allow the construction of a 960 square foot second accessory building. The building will be used for storage of recreational equipment. PLANNING COMMISSION RECOMMENDATION At the September 13, 2002, Planning Commission meeting, a public hearing was held for SP #02-09. After a brief discussion, the Planning Commission recommended approval of special use permit, SP #02-09, with the stipulations as presented. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMNEDATION City Staff recommends concurrence with the Planning Commission. STI P UtATION S 1. Petitioner shall obtain all necessary building permits 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 shal! be architecturally compatible with existrng home and finished with same siding and color scheme. 5. All vehicles shall be stored on a hard surface as approved by the City. 6. Staff shall conduct regular inspections of the site. If, at any time, a trail simulating a driveway is present, a hard surface driveway, as approved by the City, will need to be installed within 90 days. � City of Fridley Land Use Application SP #02-09 September 13, 2002 GENERAL INFORIVIATION SPECIAL INFOR�L4TION Applicant: Kevin Swanson 7053 Hickory Drive Fridley, �1N 55432 Requested Action: Special li se Permit to allow a second accessorv structure over 240 square feet. Existing Zoning: R-1 (Single Family Residential) Locarion: 7053 Hickory Drive Size: 19, 764 sq. ft. .45 acres Existing Land Use: Single family home. Sturounding Land Use & Zoning: N: Single family & R-1 E: Heavy Industrial & 1V1-2 and Community Pazk S: Single Family & R-1 W: Singl� Family & R-1 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Confomiance: Sec. 205.07.1.C.(1) requires a special use pemut to allow accessory buildings other than the first accessory building, over 240 square feet. Zoning History: 1957 — Lot is platted. 1970 — Home is built. 1996 — 4 season porch and deck addition. Legal Description of Property: Lot 7, Block 1, Ostmans Third Addition Public Utilities: Home is connected. 11 Transportation: Hickory Drive provides access to the residence. Physical Characteristics: Typical suburban landscaping. SUNIi�1ARY OF PROJECT Mr. Swanson, petitioner, is seeking a special use pernut to allow the construction of a 960 square foot accessory building. SUMMARY OF Ai�1ALYSIS City Staff recommends approval of this special use permit, with stipulations. Second accessory buildings over 240 square feet are a permitted special use in the R-1 zoning district, provided the total square footage of all accessory buildings doesn't exceed 1,400 square feet. The current two-stall garage is 440 squaze feet and the proposed accessory structure is 960 square feet. The total of all accessory buildings, existing and proposed is 1,400 square feet. CITY COUNCIL ACTION/ 60 DAY DATE City Council — 10/ 14/02 60 Day — 10/14/02 (Location of Proposed Accessory Structure) SP #02-09 RE tiEST �I'he petitioner, Kevin Swanson, is seekin�, a special use permit to allo�c the construetion of a 960 square foot second accessory buildin`. The building will be used for storage of recreational equipment. ANALYSIS The property is located on Hic�ory Drive. The esistin� home and garaae were built in Existing home w�ith attached garage Accessory structures over 240 square feet are a permitted special use in the R-1 zoning district. The existing two-stall Qarage and the proposed accessory structure are a total of 1,400 square feet, which is the maximum square footage of accessory structures allowed by code. City staff has received no comments from neiahboring property owners. 12 Rear yard of property where proposed accessory structure will be located. RECOVIVIENDATIO�IS Ciry staff recommends approval as secondar}% straccti�res are permitted with a special z�se permit in the R-1 Single Family District. STIPULATIONS Staff recommends that if the special use permit is granted, the following stipulations be attached. l. Petitioner shall obtain all necessary building permits 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 architecturally compatible with existin� home and finished with same siding and color scheme. 5. All vehicles shall be stored on a hard surface as approved by the City. 6. Staff shall conduct regular inspections of the site. If, at any time, a trail simulating a driveway is present, a hard surface driveway, as approved by the City, will need to be installed within 90 days. 13 � � CRY OF fRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 14, 2002 0 Date: 10/2/02 � To: Wiliiam Burns, City Manager �� From: Paul Bolin, Planning Coordinator Scott Hickok, Community Development Director RE: VAR #02-09 INTRODUCTION M-02-123 Dr. Paul Westby, owner of the clinic at 6425 Hwy 65, is requesting a variance to reduce the setback of a sign from a driveway from 10' to 2'. Petitioner is also seeking a variance to increase the allowable square footage of a sign from 24 sq. ft. to 38 sq. ft. in order to construct a monument style sign. APPEALS COMMISSION ACTION At the September 25, 2002, Appeals Commission meeting, a public hearing was held for VAR #02-09. After a brief discussion over the hardship necessary to grant these variance requests, two separate motions were made. A motion was made to approve the variance to reduce the sign setback from a driveway from 10' to 2', with stipulations. The motion carried unanimously. A motion was made to deny the variance request to increase the allowable square footage of a sign from 24 square feet to 38 square feet. The motion was carried unanimously. PLANNING STAFF RECOMMENDATION City Staff recommends the City Council concur with the Appeals Commission recommendations, granting the request to reduce the setback, while denying the request to increase the size of the sign. 14 City of Fridley Land Use Application VAR-02-09 September 25, 2002 GENERAL INFORI�IATION SPECI.4L INFORiv1ATION Applicant: Paul Westby 6425 HWY 65 Fridley, NIN 55432 Requested Action: Two Variance requests. Purpose: To construct a monument sign, exceeding the allowable square footage and placing the sign closer to drive than allowed by Code. Exissting Zoning: Residential - 3 Locarion: 6425 HWY 65 Size: 32,670 square feet .75acres Existing Land Use: Vacant Siurounding Land Use & Zoning: N: Single Family & R-1 E: Single Family & R-1 S: Multi-Family & R-2 W: Hwy 65, Single Family & R-1 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Section 214. Zoning History: Land had been vacant, zoned R-3. 1998 - SUP to construct Clinic 1998 — Variance to construct driveway 2002 — Clinic constructed Legal Description of Property: Lot 9, Auditors Subdivision No. 88. Public Utilities: Provided at the site. Council Action / 60 Day Date: 10/ 14/02 / 11 /04/02 15 Transportarion: HWY 65 and the frontage road provide vehicle access to the site. Physical Characteristics: Lot is in process of being landscaped. SUVLVIARY OF PROJECT Dr. Paul Westby is requesting a variance to reduce the setback of a sign from a driveway from 10' to 2'. Petitioner is also seeking a variance to increase the allowable square footage of a sign from 24 sq. ft. to 38 sq. ft. � SUVIMARY OF HARDSHIP "The bitumuious driveway, on the West Side of the proposed si� locations, was a requirement for site approval by the Fridley City fire, police and city council". -Paul Westby SUNIVIARY OF Ai�1ALYSIS City Staff recommends approval of the variance to reduce the reguired setback from the driveway from 10' to 2'. Sign location is very limited on site due to City's fire access requirements. City Staff recommends denial of the variance to increase the sign size from 24 sq. ft. to 38 sq. ft.. VAR-02-09 REQUEST Dr. Paul Westby, owner of the clinic at 642� H��y 6�. is requesting a variance to reduce the setbaek of a si�Tn from a driveway from 10' to ?'. Petitioner is also seekin� a variance to increase the allowable square foota�e of a sian from 24 sq. ft. to 38 sq. ft. in order to construct a monument style si�. CODE REQLIRE�IErT5 Section 214.09.1. allow�s re5identially zoned properties to have one (2-sided) area identification sign to not exceed 24 square feet in size and to be located a minimum distance of 10' from any property line or driveway. Sign proposed to be located where existing "For Lease" sign is placed. ANALYSIS OF REQUESTS Before the Commission shall �-ant a variance, it is the responsibility of the applicant to meet the four conditions required in Section 214.21.02 of the City Sign Code. In the following analysis, Staff has stated the four conditions and then addressed how each of the two requests (Req. 1— Location; Req• 2 — Size) either meet or fail to meet the requirements. 16 1. Exceptional or eYtraordinary circumstances applicable to the property or to the intended use that do not apply generally to other property in the same vicinity and district. Req. 1— Location: The extraordinary circumstances restricting the placement of the si� to this particular location were due to the City's fire access requirements. During the special use perrnit process in 1998, it was deemed necessary for the petitioner to pave an extension of the service road for fire access and also to provide the neighboring property to the north with access to their garage. Had the drive extension not been required, the petitioner would have ample room to place the sign within the required setbacks. Req. 2— Size: The circumstances surrounding the location of this property are neither eYCeprional nor extraordinary to allow a sign larger than Code requirements. The property fronts directly on HWY 65, so visibility is not a factor. The petirioner's clinic is located in a residential (R-3) zoning district through a special use pemut. Clinics are allowed as a special use in the R-3 zorung district as they are more institutional than commercial in nature, thus more compatible with suirounding residences. To be more compatible with residential properties, and also due to the fact that institutions are most often "destinations", the code allows only a 24 sq. ft. area identification sign. 2. That the variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and district, but which is denied the property in question. Req. 1— Location: Traditionally, institutional type uses have had area identification signs located in the front yard, visible from roadways. Allowing a sign in the proposed location would be consistent with other area identification signs in residential districts. Req. 2— Size: Larger than code signs are not a property right possessed by other properties within the same vicinity. None of the adjoining apartment buildings have area identificarion signs exceeding the size required by Code. 3. That the strict application would consNtute an unnecessary hardship. ReQ. 1— Location: Due to the fact that the City required the driveway along the west edge of the property, there are no other locarions to place the sign on the property so that is actually viewable from the frontage road and/or Hwy 65. Strict application of the setback requirements would not allow the peririoner to have an area idenrification sign on the property. Req. 2— Size: A petitioner's desire to have a larger sign does not constitute a hardship. The site has excellent visibility from Hwy 6�. The petirioner did not address the sign size issue in the submitted hardship statement. 4. That the granting of the variance would not be materially detrimental to the public health, safety or general welfare, or detrimental to the property in the vicinity or district in which the property is located. 17 ReQ. 1— Location: The location of the sign is not expected to be materially detrimental to the public or property in the vicinity. The proposed location, though near the petitioners private drive, is located more than 2S from any property line. Req. 2— Size: While the peririoner had desi�ned an attracrive sign, the size is not consistent with what is rypically found in residenrially zoned areas. A larger sign would provide a more commercial look for the property, making it less of a"fit" with the neighborhood. SU��ItI�IARY OF HARDHSIP "The bituminoics driveway, on the West Sicle of the proposed sign locations, was a requirement for site approval by the Fridley Ciry fire, police and city council... Because of the bituminous driveway required by the city, I am extremely restricted in sign location within the property lines. " FULL HARDSHIP STATEMENT ATTACHED - Paul A. Westby RECOMMENDATIONS Req. 1 — Locarion: City Staff recommends approval of the variance to reduce the required setback from the driveway from 10' to 2', with stipirlations. ❑ Si� location is very limited on site due to City's fire access requirements, which were stipulated in 1998 SUP and Variance. o Request meets the four conditions necessary for the issuance of a sign variance. StipWations : 1. Petirioner shall obtain sign pemuts prior to installarion of sign. 2. Any lighting of sign must meet City requirements and electrical pemut obtained prior to installation. 3. Sign base shall be protected by concrete curbing and landscaping. ReQ. 2 — Location: City Staff recommends denial of the variance request to increase the sign size from 24 sq. ft. to 38 sq. ft.. ❑ No hardship is evident to justify this request. ❑ Request does not meet the four conditions required to be gtanted a variance. Stipulation: If this variance is granted, staffrecommends the following stipulation be attached. 1. This variance shall remain in effect unless any of the following occur: A. The sign is altered in any way, except for routine maintenance and change of messages which makes the sign less in compliance with requirements. B. The supporting structure of the sign is replaced or remodeled. C. The face of the sign is replaced or remodeled. D. The sign becomes dilapidated or damaged and the cost of bringing it into compliance is more than 50% of the value of the sign, at which time all of the sign and its structure to be removed. : E. NotwithstandinQ subparagraph (A) above, upon the change of the name of the business beinQ displayed on this si�. 19 CITY OF FRIDLEY APPEALS COMMISSION MEETING SEPTEMBER 25, 2002 PUBLIC HEARING: VARIANCE REQUEST, VAR #02-09, BY PAUL WESTBY: Per Section 214.09.01.6 of the Fridley Sign Code, to increase the ailowable size of a sign from 24 square feet to 38 square feet; and Per Section 214.09.01.0 of the Fridley Sign Code, to reduce the required setback of a sign from a driveway from 10 feet to 2 feet; To allow the construction of a monument sign on the south 150 feet of Lot 9, Auditor's Subdivision No. 88, together with the west 47 feet of that part of Lot 10, said Auditor's Subdivision .... (full legal on file), generally located at 6425 Highway 65 NE. MOTION by Ms. Jackson, seconded by Mr. Jones, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 7:34 P.M. Mr. Bolin stated the petitioner is requesting variances to increase the allowable size of a sign from 24 square feet to 38 square feet and to reduce the setback of a sign from a driveway from 10 feet to 2 feet to allow the construction of a monument sign for the chiropractic clinic located on this site. The property is zoned R-3. The properties to the east and north are zoned single family. This clinic is allowed through a special use permit. Mr. Bolin stated that the City's Fire Department requested an extended drive near Highway 65 and the planting bed in order to gain access to this property. Section 214.09 of the code allows this property to have a one-sided area identification sign not to exceed 24 square feet in size and to be located a minimum distance of 10 feet from any property line or driveway. The petitioner's hardship states: "The bituminous driveway, on the west side of the proposed sign locations, was a requirement for site approval by the Fridley City Fire, Police and City Council." Mr. Bolin stated that prior to granting a variance, the following four conditions of the Sign code must be met: � A That there are exceptional or extraordinary circumstances applicable to the property or to the intended use that do not apply generally to other property in the same vicinity and district. Mr. Bolin stated that the extraordinary circumstances for restriction are due to the City requirements for fire access and protection to the neighboring home to the north. The second request for size was through the special use permit process and was more institutional than commercial and more compatible with residential prope�ties. The Code alfows only a 24 foot area identification sign. B. That the variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and district, but which is denied the property in question. Mr. Bolin regarding the location, traditionally institutional type uses have had area identification signs located in the front yard and visible from roadways. None of the adjoining apa�tment buildings have area identification signs exceeding the size requirement. C. That the strict application of the Chapter would constitute an unnecessary hardship. 2� APPEALS COMMISSION MEETING, SEPTEMBER 25, 2002 PAGE 2 Mr. Bolin stated regarding the location, the City is requiring the driveway along the west edge of the properry. If the City now strictly applied setback requirements, the petitioner would not be able to have an area identification sign in the front yard of the property. Regarding the sign size, the petitioner's desire to have a larger size sign than code does not constitute a hardship. The site does have excellent visibility from Highway 65. The petitioner does not address the sign size issue in the submitted hardship statement. D. That the granting of the variance would not be materially detrimental to the public health, safety, or general welfare, or detrimental to the property in the vicinity or district in which the property is located. Mr. Bolin stated that regarding the location, it is not expected to be detrimental, and even though the location is closer to the petitioner's drive than what is allowed by code, it is more than 25 feet from any property line. There is no disagreement here that the petitioner has not designed an attractive sign; however, the size of the sign is not consistent with what is typically found in residential areas. Mr. Bolin stated that staff recommends approval of the variance to reduce the required setback of the driveway from 10 feet to two feet with the following stipulations: 1. The petitioner shall obtain sign permits prior to installation of the sign. 2. Any lighting of the sign must meet city requirements and an electrical permit must be obtained prior to installation. 3. The sign base shall be protected by concrete curbing and landscaping which the petitioner has already installed. Mr. Bolin stated that staff recommends denial of the variance request to increase the sign size from 24 square feet to 38 square feet for the reasons presented. If the Appeals Commission recommends approval, the following stipulation is recommended: The variance shall remain in effect unless any of the following occur: a. The sign is altered in any way except for routine maintenance and change of messages which makes the sign less in compliance with requirements. b. The supporting structure of the sign is replaced or remodeled. c. The face of the sign is replaced or remodeled. d. The sign becomes dilapidated or damaged and the cost of bringing it into compliance is more than 50% of the value of the sign at which time all of the sign and its structure to be removed. e. Notwithstanding subparagraph a. above upon the change of a name of the business being displayed on the sign. The petitioner is proposing to have the name of the business, address, phone number, and the logo for its business as well. Total signage square footage is 38 sq. feet. Mr. Jones stated that the base looks masonry, but the address and phone number is part of the sign. Mr. Bolin stated that is correct. Mr. Kuechle stated that if parts of this building was leased to other tenants, what would the sign rules be? 21 APPEALS COMMISSION MEETING, SEPTEMBER 25, 2002 PAGE 3 Mr. Bolin stated the site is allowed a 24 square foot free-standing sign, and it would be up to the petitioner to divide that 24 square feet up if he were to list other tenants on the sign. The petitioner intends to use the sign to identify the building. The petitioner, Mr. Paul Westby, stated that the request for additional square footage is because if the logo is decreased to 24 sq. feet, the Bonsai tree would be lost. He wants to identify the building as well as his practice so when someone moves into the leased space on the lower level, it will only be Wellspring Center. The logo would be lost if he moved "Wellspring Center" up to the top over the logo. The base will be block, but the building is stucco, so the base will be stucco and the top will be stone, engraved with the Bonsai tree and Wellspring Center. Ms. Jackson asked if people could read that clearly. Mr. Westby stated that is why he asked for additional space so people can identify Wellspring Center and the address when they are driving by. There will be lighting. It will be eye-appealing as possible and more of a monument than a sign. He does not have issues with any stipulations. Because of the cost of the sign, he wants to make sure it is protected with the curbing. The electrical permit has been obtained already and wiring was set up ahead of time and all stipulations are already met. Mr. Kuechle stated this is a fine looking building. MOTION by Mr. Zinter, seconded by Ms. Jackson, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE STATED THE PUBLIC HEARING CLOSED AT 7:49 P.M. Ms. Jackson stated that there was not any question of the difference, and she thinks it is very attractive and the logo is beautiful. As a residential area, she cannot see any justification for having a larger sign even though it would be lovely. Mr. Zinter stated that the sign size percentage increase is quite large. Other districts have 24 square foot signs, and he would not be in favor of the sign increase. Mr. Jones stated the sign is attractive, however, granting the variance for the increase in size would set a precedent, and they have not granted this to anyone else. He would not vote in favor for this. He approves the location, but not the size increase. Mr. Kuechle stated he concurred The size does not have a clear hardship here and is visible from the highway. He would recommend denial of the size increase. Mr. Jones asked if the Bonsai tree was not a logo, would that be considered part of the sign? Mr. Bolin stated that if it were integrated into the sign itself, it would not be. That is a logo. A good example is the Gander Mountain building with the sign incorporating the logo. MOTION by Mr. Jones, seconded by Mr. Zinter, to recommend approval of variance, VAR #02- 09, to reduce the required setback of a sign from a driveway from 10 feet to 2 feet with the following stipulations: 1. The petitioner shall obtain sign permits prior to installation of the sign. 2. Any lighting of the sign must meet city requirements and an electrical permit must be obtained prior to installation. ZZ APPEALS COMMISSION MEETING, SEPTEMBER 25. 2002 PAGE 4 3. The sign base shall be protected by concrete curbing and landscaping which the petitioner has aiready installed. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Ms. Jackson, seconded by Mr. Zinter, to recommend denial of variance, VAR #02- 09, to increase the allowable square footage of the ,sign from 24 square feet to 38 square feet. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Bolin stated that this goes to City Council on October 14. 23 � � QTY OF FRIDLEY TO: FROM: DATE: SUBJECT: AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 14, 2002 �� William W. Burns, City Manager,�� h�" Jon H. Haukaas, Public Works Director October 7, 2002 Snow Removal Ordinance Amendment � PW02-079 - An inconsistency was found in the Gity Code pertaining to overnight parking of vehicles during the winter months. When the City Council adjusted the overnight parking ban end date from May 1 to April 1, the change was made to Section 506.04 but not to Section 506.05. The attached Ordinance corrects this oversight. Recommend the City Council set a public hearing on the ordinance amendment for October 28, 2002. JHH:cz Attachment 24 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 506 OF THE FRIDLEY CITY CODE PERTAINING TO SNOW REMOVAL - VIOLATIOlY AND TOWING THE CITY COUNCIL OF THE CITY OF FRIDLEY DOES ORDAIN AS FOLLOWS: That Section 506.05 is hereby amended as follows: 506.05 SNOW REMOVAL - VIOLATION AND TOWING During the winter months, commencing on the first day of November of any yeaz, to and including tre first day of �"April of the following year, it shall be a violation for any person to stop, park or leave standing a vehicle on any street or highway in such a manner as to impede the plowing andlor removal of any snow, ice, or waste on such street or highway. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 2002. ATTEST: DEBRA A. SKOGEN, CITY CLERK First Reading: Second Reading: Published: 25 SCOTT J. LUND, MAYOR � � CffY OF FRIDLEY Name Jamie Ramacher AGENDA ITEM CITY COUNCIL MEETING Position Program Specialist Exempt OF OCTOBER 14, 2002 Appointment Starting Salary $20.26 per hour 26 Starting Date Nov. 4, 2002 Replaces Deborah Campobasso _ � � CRY OF FRIDLEY AGENDA ITEM COUNCIL MEETING OF OCTOBER 14, 2002 CLAIMS � 07559 - 108079 27 .�`�`�''° �� / 4 , t ;.,.�� Clty Of AGENDAITEM City Councii Meeting Of Monday, October 14, 2002 � Electrical Control Air Minnesota Inc 492 Northdale Blvd NW Brad Nelson Coon Rapids MN 55448- Senior Technologies 1620 N 20 PO Box 80238 Tim Bate Lincoln NE 68501-0238 Gas Services Control Air Minnesota Inc 492 Northdale Blvd NW Brad Nelson Coon Rapids MN 55448- Statewide Home Supply & Service Inc 360 14 1/2 Ave _ Hal Weber Turtle Lake WI 54889- General Contractor-Commercial Bartells Glenn Contracting 13127 Pleasant Place Glen Bartells Burnsville MN 55337- Brausen Tim Siding 240 Twilite Terrace Tim Brausen Circle Pines MN 55014-1625 RJM Construction 5455 Hwy 169 Joseph Maddy Plymouth MN 55442- : Aparoved B}� State of MN State of MN Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official � � General Contractor-Residential Advanced Home Improvements (20017269j 9 Central Avenue Jeff Tatur Osseo MN 55369- Beissel Window 8� Siding (6453) 1635 Oakdale Ave Josh Beissel West St Paul MN 55118- Board Room Remodeling (4978) 3836 Harriet Ave S Wayne Brekken Minneapolis MN 55409- Century Roofing (20322509) 6336 Lyndale Ave S John Whelan Richfield MN 55423- Handi-Craft Construction Inc (20290398) 3820 Edgerton St Dale Skare Vadnais Heights MN 55127- Heine Roger Contracting (20106910) 10000 Abbott So Roger Heine Bloomington MN 55431- R S Construction (2674) 6471 Hodgson Rd Ronald Skibsted Lino Lakes MN 55014-1425 Sawmaster Building 8� Remodeling (20138626) 11432 Flintwood St NW Michael Rinderknecht Coon Rapids MN 55448- Style & Structure Inc (20304356) 21678 Jarvis St NW Wally Johnson Elk River MN 55330- Tabor $ Sons Inc (20014248) 10547 Terrace Rd Arnold Tabor Blaine MN 55434- �� Aparoved By: State of MN State of MN State of MN State of MN State of MN State of MN State of MN State of MN State of MN State of MN � Heatina Control Air Minnesota Inc 492 Northdale Blvd NW Brad Nelson Coon Rapids MN 55448- Mobile Home Installer Statewide Home Supply & Service Inc 360 14 1/2 Ave Hal Weber Turtle Lake WI 54889- Plumbina Mickelson Plumbing Inc 14320 Ranch Rd David Mickelson Elk River MN 55330- Phillips Plumbing 1851 Century Ave Dean Phillips Newport MN 55055- Pipeworks Inc 680 Valhalla Dr Phil Sheppard Cedar MN 55011- Wreckina Bolander Carl & Sons Co 251 Starkey St Mark Ryan St Paul MN 55107- 30 Aaproved By: Ron Julkowski Building Official State of MN State of MN State of MN State of MN Ron Julkowski Building Official 0 � � � CfT`( OF FRIDLEY Ron Kassa Construction 6005 — 250`h Street East Elko, NIN ��020 AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 14, 2002 ESTIMATES 2002 Miscellaneous Concrete Repair Project No. 344 EstimateNo. 6 ....................................................................................... $ 13,596.11 Park Construction Company 7900 Beech Street N.E. Fridley, NIN 55432-1795 57`h Avenue Sanitary Sewer Improvement Project No. 346 EstimateNo. 4 ................................................................................. Forest Lake Contracting, Inc. 14777 Lake Drive Froest Lake, MN 55025-9461 $ 72,038.99 Hartman Circle Watermain Looping Project No. 347 EstimateNo. 4 .......................:............................................................... $ 8,141.50 W.B. Miller 6701 Norris Lake Road NW Elk River, MN 55330 2002 Street Imrpovement Project No. ST. 2002 — 1 EstimateNo. 7 ....................................................................................... $ 96,202.99 .� � � CRY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 14, 2002 To: William W. Burns, City Manager�,� � From: Captain Lynne Tellers Date: 10-02-02 Re: Shorewood Inn: Tobacco License On September 9, 2002, the Fridley City Council tabled a decision to suspend or revoke the tobacco license of the Shorewood Inn. They instructed Fridle_y City Attorney Fritz Knaak to look into the matter and respond to a question posed by the Council. Is Mr. Nicklow entitled to a hearing and if not, did he waive his right to a hearing? It is Mr. Knaak's position (see e-mail 9-20-02) that Mr. Nicklow is not entitled to a hearing and that he waived his right to a hearing early on in the process. Therefore the Council is being asked to review this agenda item at the October 14, 2002, meeting. The issue will be suspension or revocation of the Shorewood's tobacco license and fine levy. Staff recommends suspension of the tobacco license until the $500 administrative fee is paid. On September 24, 2002, I sent via certified mail a letter (see attached) to Mr. Nicklow and his son-in-law, Mr. Cosentino advising them that the Council would review their tobacco license issue at the October 14, 2002, Council meeting. I spoke to Mr. Cosentino by telephone on that same date to advise him of the hearing. I have received receipts from the United States Post Office that the letters sent were received and signed for at Nicklow's restaurant and by Mr. Cosentino 14 days prior to the meeting. Director Dave Sallman will be present at the Council meeting to address our perspective As a side note, the bartender that allegedly sold the tobacco products to the minors pled guilty in Anoka County court on October 2, 2002. Attachments 32 -----Original Message----- From: Sallman, Dave Sent: Monday, September 23, 2002 9:43 AM To: Tellers, Lynne Subject: FW: Tobacco Suspension FYI...This will come up again on Oct. 14th. We can discuss later who should attend on our behalf. it probably would be better if I dealt with it, assuming that I am available. -----Original Message----- From: Fritz Knaak (mailto:fknaak@klaw.us] Sent: Friday, September 20, 2002 3:56 PM To: Bums, Bill Cc: Sallman, Dave Subject: Tobacco Suspension I have again looked at the City's tobacco licensure ordinance to review the issue as to whether an additional hearing before a hearing officer is merited in this case. It is not. The ordinance procedure is very straightforward. Notice is sent (which was done and acknowledged.) The Licensee has twenty days to request a hearing in writing. The licensee can withdraw a request. This was done. This record shows an exception deference by the Department to advise the licensee of the problems and the procedures provided in the ordinance. Moreover, the Ordinance gives to the Council virtually no discretion under these facts as to the issue of suspension. In no uncertain terms, Section 12.08 H provides that where the licensee fails to pay the fine, "the Council will suspend the license." I would have discretion to determine the length of time of any suspension under the Ordinance, but not whether the license could be suspended (e.g., it could suspend until the fine is paid, or for a time certain, but it cannot decide not to suspend). The Council has the discretion to determine whether it will REVOKE the license. The practical difference between revocation and suspension here is that revocation is the termination of the license, which would require a new application if the licensee were to wish to sell tobacco again. A suspension allows continued sales under a current license after the period of suspension has lapsed. Since notice was duly provided and no hearing was ultimately requested or conducted, I would advise the Council to suspend the license until the fine is paid, plus such additional time as the Council would believe sufficient to serve as a deterrent against future behavior on the part of this licensee. Frederic W. "Fritz" Knaak, Esq. (MN.,WI, CO) Knaak & Kantrud, P.A. 3500 Willow Lake Blvd. - Suite 800 Vadnais Heights, MN. 55110 (USA) 651.490. 9078/Fax: 651.490.1580 �� Sent Certifred Mail w/copy to Son-in-Law, Jack James A. Nicklow The Shorewood Restaurant 6161 Highway 65 Fridley, MN 55432 September 24, 2002 Dear Mr. Nicklow Greetings, this letter is officia( notice that the hearing for suspension/revocation of your tobacco license is scheduled to be returned to the agenda and reviewed at the October 14`h, 2002 City of Fridley Council Meetin�. You do not need to attend. However, if you choose to attend I will not be able to tell you a time until the agenda has been published. The meeting is being held at the Fridley Civic Center; 6431 University Avenue NE., in the Council Chambers. If you have any questions or wish to speak to me, feel free to call. Captain Lynne Tellers Fridley Police Department 763-572-3632 CC: Jack Cosentino �� \ ��C�� S ��-�-�� '■ Complete iteRrs t; 2, and 3. A1so complete item 4 if ResNicted Delivery is desired. ■ Print your name and address on the reverse . so that we can return the card to you. • Attach this card to the back of the maiipiece, or on the front if space permits. 1. Article Addressed to: aF � �a�-� ��5� ` v� U � � �� C.��s� �''� � N �,�tiQ �C (xti�e, j� IU Ss 3 �� A.-Received C. Sig�O X O. IS deliv If YES, �� ^ � �' �'� F• ,f J - r � Bp.�� of Delbery !/]�0 � �.•-^ �I3 irass dNferen�'4�'� item 17 O Yes delivery address below: ❑ No 3. Service Type �Certifted Mail ❑ Expres,n Mail ❑ Re9'stered ❑ Retum Fieceipt for Merohandise ❑ insured Mail ❑ C.O.D. 2. Articfe Number (Copy hom service laba!) � 1�3D �Ov�, �f'% C� PS Form 3811, July 1999 _ Domestic Retum Aeceipt 102595-OQ-M-0952 ■ Complete items 1, 2, and 3. Also comp7ete item 4 ifi Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can retum the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space pertnits. 1. Article qddreSSed to: �zV1��S Iv ' G � �� 5��oo� �ll� � �� S� � -��rc� � ,�ti �. Article Number (Coov hom service IabeO i 0. Received by (Please Print Cleerly) I��e � / C. Signature ' X 0 ngent � �.� ❑ Addre D. ivery address diflerent hom item 1 T ❑ Yes , If YES, enter delivery address bebw: ❑ No _� �� 3. Sep�ice Type J� Cert�ed Mail O Reg�stered ❑ Express Mail �/ l/ ❑ Return Receipt fa Mer�handise � 1 ❑ Insured Mail ❑ C.O.D. .��1 � ❑ Yes PS Fortn 38� 1, July 1999 Domestic Retum Receipt -35 102595-00-M•0952 + ; ' . ' • i 9 �-.•1 �t. �� - . ��•� . � F �. 3.��H'�x'��- l "�- ' j� �� .s �� j s ` i ��i.T.•` �F�w .t:y �+1�� 1.._� y . ._ . _ -��::� ._ _ . Resolution No. - 2002 RESOLUTION SUSPENDING TOBACCO LICENSE FOR JAMES NICKLOW AND THE SHOREWOOD RESTAURANT LOCATED AT 6161 HIGHWAY 65 NE WHEREAS, Nlinnesota State Statutes section �461.12, Subd. 1, authorizes a home ru(e charter city to license and regulate the retail sale of tobacco, as defined in Minnesota State Statutes section 609.685, subdivision l, and WHEREAS, i�linnesota State Statutes section 609.685 makes it a misdemeanor to sell tobacco to a person under the age of 18 and which ai(ows for more stringent loca( regulation upon the adoption of a local ordinance;and WHEREAS, the City of Fridley adopted local Ordinance No. 1084 on November 2�, 1996, now known as "Fridley City Code Chapter 12. Tobacco Products", that requires a(icense to sell tobacco products to an individua.l and establishment in the City of Fridley, and defines prohibited acts, penalties and consequences for any violation thereof; and WHEREAS Minnesota State Statutes Section 461.12, Subd. 5, requires a licensed authority to conduct unannounced tobacco compliance checks at least once each calendar year at each location where tobacco is sold to test compliance with Minnesota Statutes section 609.685; and WHEREAS, it has been the practice of the Fridley Police Department, in enforcing the aforesaid Ordinance, to conduct a minimum of two tobacco compliance checks a year for the past four years; and WHEREAS, as part of the usual practice and procedure of the City of Fridley, tobacco comp(iance checks were conducted in the City of Fridley on March 19, 2002, between the hours of 4:30 p.m. and 8:30 p.m., on each of the 34 (icensees located within the City and 32 of the 34 were in compliance; and WHEREAS, on March 19, 2002 at 6:30 p.m., a compliance check was done at the Shorewood Restaurant (and its employee Tammy Sue Bachman) and said licensee so(d cigarettes to a minar acting on behalf of the City of Fridley as part of the compliance check process; and WHEREAS, the compliance check done at Shorewood on March 19, 2002, is documented in the Fridley Police Department Incident Report, Case #J02-55743, which is attached hereto and incorporated by reference; and WHEREAS, on March 26, 2002, letters were mailed to Licensee James A. Nicklow and employee Tammy Sue Bachman at the Shorewood Restaurant at 6161 Highway 6�, Fridley, Minnesota, 55432, notifying them of the first violation of the tobacco compliance check, penalty, and appeal process as required in Section 12.08 of the Fridley City Code; and WHEREAS, letters addressed to the City were received from James Nicklow and Tammy Sue Bachman dated Apri14, 2002, to Captain Lynne Tellers denying the allegation that the employee Tammy Sue Bachman and licensee James Nicklow Owner of the Shorewood Restaurant sold tobacco to a minor during a routine tobacco compliance check on March 19, 2002 and notifying Captain Tellers to proceed with a formal complaint in this matter; and � Resolution No. _- 2002 Page 2 WHEREAS, letters from Captain Tellers to James Nicklow and Tammy Sue Bachman were written and mailed on April 9, 2002, clarifying the facts of the police report for the unsuccessful tobacco compliance check occurring on Nlarch 19, 2002 thereby giving them another opportunity to appeal their case to an Administrative Hearing Officer to April 30, �002; and WHEREAS, letters from James Nicklow and Tammy Sue Bachman dated April 23, 2002, to Captain Lynne Tellers and received on May 3, 2002, aQain denied the allegations of the unsuccessful tobacco compliance check of i�larch 19, 2002; and WHEREAS on May 6, 2002, in a telephone call between Captain Lynne Tel(ers and James Nicklow, Mr. Nicklow ajain denied the a1leQation of havinQ an unsuccessful tobacco compliance check and reiterated that the City shou(d pursue the matter as needed; and WHEREAS, a letter dated Au�ust 21, 2002, to James Nicklow from Captain Lynne Tellers was hand delivered by Community Service Officer Zuehlke on August 23, 2002, to Megan Foy at the Shorewood Restaurant in i�1r. Nicklow's absence, notifyina �tr. Nicklow of the City Council's intent to consider permanent revocation of his Tobacco License on September 9, 2002, as al(owed by Fridley City Code Section 12.08.A2.; and WHEREAS, on September 24, 2002, Captain T'el(ers spoke with Mr. Cosentino, Mr. Nicklow's son-in- law, on the telephone to advise him of the hearinQ and mailed a letter to Mr. Nicklow and Mr. Cosentino advising them the Council would review the tobacco license issue at the October l=l, 2002, Council meeting via certified mail; and WHEREAS, Captain Tellers received signed receipts from the United States Post Office that the letters were delivered and si�ned for at the Shorewood Restaurant and by Mr. Cosentino 14 days prior to the meeting; and WHEREAS, employee Tammy Sue Bachman p(ed guilty to selling tobacco to a minor in Anoka County court on October 2, 2002; and WHEREAS the City Council has the discretion to determine revoke or suspend the license based on Section 12.08, which provides that where the licensee fails to pay the fine, "the Council will suspend the license." NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Fridley after listening to all of the facts presented hereby makes the following FINDINGS OF FACT: 1. That each and all of the foregoing factual statements are true and correct and are incorporated herein as part of the findings of fact and record of these proceedings. 2. That the City of Fridley Police Department did act within the state law �vhen conducting an unannounced tobacco compliance check as required by M.S. 461.12, subd. 5; and 3. That licensee James Nicklow and Shorewood Restaurant did on March 19, 2002, unsuccessfully complete the tobacco compliance check and sell tobacco products to a minor as reported in Fridley Incident Report Case #J02-55743; and 4. That a letter was mailed to the licensee of the unsuccessful tobacco compliance check of March 19, 2002, the City of Fridley administrative penalty and the process of appeal as described in Fridley City Code Section 12.07, 12.08 and 1?.09, and 37 Resolution No. - 2002 Pa�e 3 That based on the letters and telephone conversation beriveen the licensee James Nicklow and Captain Lynne Tellers, the licensee voluntarily �vithdrew from the City of Fridley administrative proceedings; 6. That by the licensee vo(untarily withdrawing from the process, Frid(ey City Code section 12.08.A.2. states that, "the City may permanently revoke the licensee's tobacco in accordance with law; and 7. That adequate notice was given to James Nicklow and the Shorewood Restaurant of the actions that would be taken by the City Council to review the status of the Shorewood Restaurant's tobacco license and consideration of possible revocation of the license. 8. That a letter dated September 24, 2002, was received by the Shorewood Restaurant and Mr. Cosentino advising them the City Counci( would be reviewing their tobacco license on October 14, 2002. 9. That Fridley City Code Section 12.08.H. provides that where the licensee fails to pay the fine, "the Council will suspend the license" and shall have the discretion to determine the lena h of time of any suspension under the Ciry Code. BE IT FURTHER RESOLVED THAT based on these findings the City Council of the City of Fridley hereby suspends the Tobacco License to James Nicklow at the Shorewood Restaurant located at 6161 Highway 65 NE until , 200 and such time thereafter until the $500 administrative penalty is paid as required by Fridley City Code Chapter 12. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 14� DAY OF OCTOBER, 2002. Attest: Debra A. Skogen, City Clerk : Scott J. Lund, l�fayor ` AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 14, 2002 ClIY OF FRIDIEY Date: October 9, 2002 ��' To: William Burns, City Manager � From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stephanie Hanson, Planner Subject: Special Use Permit Request, SP #02-08, Van-O-Lite M-02-118 INTRODUCTION Van O Lite, owner of 5945 University Avenue, is seeking a special use permit to allow the outdoor storage of containers in the rear yard. The unscreened containers are used for housing inventory and staging product for delivery. PLANNING COMMISSION RECOMMENDATION At the October 2, 2002, Planning Commission meeting, a public hearing was held for SP #02-08. After a brief discussion, the Planning Commission recommended denial of special use permit, SP #02-09. THE MOTION CARRIED ON A 5-1 VOTE. PLANNING STAFF RECOMMENDATION City Staff strongly recommends concurrence with the Planning Commission's recommendation of denial, as granting a Special Use Permit to allow unscreened outdoor storage in commercially zoned properties would be precedent setting. � City of Fridley Land Use Application SP #02-08 October 2, 2002 GENERAL INFORMATION SPECIAL IrFOR�IATION App(icant: Van O Lite 5945 University Avenue NE Fridley, NIN 55432 Requested Action: Special Use Permit to allow erterior storage of materials in a C-2, General Business District. Exisang Zoning: G2 (General Business District) Location: 5945 University Avenue NE Size: 24,570 sq/ft. .86 acres E:cisting Land Use: General Business Surrounding Land Use & Zoning: N: Commercial, G2 E: Single Family, R-2 S: Commercial, C-2 W: Single Family, S-1 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conforn�ance: Sec. 205.07.B.3 requires a special use pemlit to allow exterior storage of materials. Legal Description of Property: See attachment Public Utilities: Business is connected. Transportation: E. University Avenue Frontage Road provides access to the site. Physical Characteristics: Level, typical suburban grass covered lot. . � SUVIVIARY OF PROJECT Petitioner is seeking a special use permit to allow eYterior storage of containers in the rear yard. SUiVI�1 �RY OF ANALYSIS � Citv Staff recommends clenial of this special tcse permit. Staff recommends denial of SP #02-OS due to the impact of outdoor storage on neighboring residenrial properties, the diminishing image of a building along the major City corridor and the diminished ability of fire fighters to maneuver in emergency situations. CITY CO[J�1CIL ACTION/ 60 DAY DATE City Council — 10/14i02 (View of containers from 60`h Avenue) Staff Report Prepared by: Stephanie Hanson SP #02-08 RE UEST The petitioner, Van O Lite, is seeking a special use permit to allow the outdoor storage of containers in the rear yard. The containers will be for housing inventory and staging product for delivery. ANALYSIS The property is located on East University Avenue Frontage Road. The existing building, constructed in 2001, required a number of variances for the structure and parkin; requirements. As a result, the open space around the buildin� is at a premium. There are alternatives to outdoor storage on this site. The Petitioner applied for a permit for a mezzanine, which would be used for storage of materials. However, the Petitioner chose not to pursue the construction of the mezzanine due to the sprinkler requirements of City Code, Chapter 1306. Though the Petitioner does not favor the alternative of building a mezzanine, it is the best alternative for storage on the site according to staff's analysis. The C-2, General Business zoning along University Avenue, comes from a time when commercial use along the main corridors had direct access to University. Once direct access was terminated, a frontage road system was required. This left shallow lots for commercial development. Developers of these shallow lots must consider the site dimensions and build accordingly. If this consideration is not taken into account, the City may be left with undesirable image issues. Outdoor storage of containers would be one such issue. The containers are highly visible from 60`h Avenue and the residential neighborhood to the east. The storage of the containers will potentially diminish the normal enjoyment of the properties surrounding the site. Finally, fire roadway standards require access with a minimum of a 20-foot width of unobstructed clearance (Article 10, Section 10.204a). Because this site is already maximized, further reduction of the aisle space would potentially harm firefighters' ability to maneuver on the site. City staff has received comments from neighboring property owners. Donna Ruch, whom resides directly behind Van O Lite, does not want to see any outside storage. 41 E�cisting Building Rear yard of property where containers are stored 42 RECOMVIENDATIONS Ciry staff recommends denial of the ot�tdoor storage of containers with special aise permit #02-08. Staff recommends denial of SP #02-08 due to the impact of outdoor storage on neighboring properties, diminished image of buildings along Ciry comdors, and the diminished abiliry of firefighters to maneuver in emergency situations. 43 � a ClTY OF FRIDLEY TO: FR01�I: DATE: SUBJECT: AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 14, 2002 William W. Burns, City Manager �� . �� Jon . Haukaas, Public Works Director October 9, 2002 Award of Municipal Garage Expansion Construction Contract �'�iZ�Y�II�i:�l On Tuesday, October 8, 2002, we opened bids for the Municipal Garage Expansion Project. Of 23 planholders, 17 firms submitted bids. The bids were all within 15% to 20% of each other indicating it was a clear project and there were few ambiguities or questions. Unfortunately, all bids were above our budgeted amount for the project. The project was bid as a base bid amount with five alternates. The alternates included: (1) code required sprinkler system for the vehicle storage portion of the building, (2) City logo and entrance signage, (3) a window into the mechanics bay from the upper office, (4) roof screening of inechanical units and (5) exterior painting of the vehicle storage building. This project has very little that could be trimmed out through a redesign. All of the alternates are a good value. The contractors are all reputable and are ready to go immediately. We will not get better prices than what we have right now. Recommend the Ciry Council award the construction contract for the Municipal Garage Expansion Project No. 343 with all alternates to CNi Construction in the amount of $730,500. JHH:cz . . Oct-09-02 10:58A OERTEL ARCHITECTS 651 696 5188 P.Ol � � _ OERTEL A.RCHITECTS 1795 SAINT CLAIR AVENUE, SAIPTT PAUL, MN 55105 'TEC: 6�'t /696-5186 FAX: 651 /696-518$ Ocbober 9, 2002 Mr. Jon H. Haukaas, Public Works Director Fridley Municipal Center 6432 University Avenue NE Fridley, MN 55432 RE: City of Fridley RFP for Municipal Garage Bad results Deaz jon, The following is a summary of the bidding results and our follow-up due diligence. Please note the following: 1. There were a total of 26 general contractors that regisfiered for the project, along with several dozen mechanical and electrical contractors. In all, a very large group of interested bidders. There were a total of 27 gener�►1 contracfiors that subnutted bids. The range between the high and low bidder for the base bid was $687,000.00 to $808,OQ0.00. Most of the bidders were lumped aro�und $740,000.00. 2. There are two potential apparent low bidders, depending on which alternates are induded with the base bid. The low base bid was submitted by Spectra Building Group at $679,000.00, and next base bid was submitt�ed by CM Construction at $687,000.00. 3. If the council wishes to proceed with the project this fall, there are five alternates to consider. If all alternates are included with the co:ntract, CM Construction is the Iow bidder. Depending on which alternates are selectc�d, either contractor might be low. The council, city manager and you will need to re�riew the alternates. Some of these are important and at a very good value. Please advise if you need more information on this item. 4. We worked with, or are familiar with, most of t]Ze bidders on the GC list, but we were not familiar with Spectra Building Group. S��ectra Building Group was incorporated three years ago, established by a forzner Krause Anderson Construction employee. The company has completed, or is working on, several public projects, mostly in central Minnesota. In contacting a few c�f these owners, we heard of no unusual items, and were advised that the owner H�as responsive. 45 Oct-09-02 10:58A OERTEL ARCHITECTS 651 696 5188 P_02 5. CM Construction is a company familiar to us an�d works in the public sector. This company regularly bids and builds a number of p�iblic works projects. They are currently completing two larger public works projects designed by our firm. In condusion, it is regrettable that the cost of the project is over the budget that was previously established. There aze a few likely rea�;ons for this including winter conditions, a few upgrades included in the base pi•oject (i.e. built-up roof and flooring) and ttie relatively high cost of renovation due to cc�nstruction while the building is in use. There are a few areas that can be trimmed, bt�t not to any great extent. The project has good quality but not too many frills. Advise if� you need items for consideration. These can be reviewed, priced and credited if desired after a contract is let. If the city must maintain a budget we will do all h•e can to assist fio meet the city's needs and pazamefiers. Otherwise, it is my recominendation to decide upon the alfiernates that aze desirable and proceed with the work as soon as possible, given the upcoming winter conditions. The bidding was strong and there is a strong need to accommodate the deparhnents current size and needs. After your final review of the bids and my memo please call with any questions. Sincerely, OERT� _ RCHI �:! � ,, / .� � ; Tef�r rtei, AIA, C . � � � ��A r { ,�a).; �, �•r'./"___:� � Fridley Public Works Office Addition, Bid Tabulation Form October 8, 2002 `�`--� `. / General A B Base Bid Alt. #1 Alt. #2 Alt. #3 Alt. #4 Alt. #5 Contractor d o _ V�,, _ � - , � �: l, n � ,1'': - - _ � . - �� r� �,.. 2 d , . - rN_ - CM , � Construct�on d � 6 8� �Oc9 a � 00'� �, I,,,-, (pr�, J%00 a 6QQ Oakwood Builders U V %�.S�OOC� ,36�0�� ,, '��' /''�'�'"' .� ��'-� 1 jdOO American ') Liberty �I� � %��pr�o �J� 600 % noo �� ,S�C� �Qp('� �� O Maertens- Brenny Const. 0� �%y 0�Op 37 JOO 7,�00 0�� 000 7 000 3� %U Gladstone O� ✓ �O� Construction %�� 3°o,aoo iajopo ��{a0 �(�4�OO � 500 Scott Builders ��/ 79`� � do 35; a� 7, o00 �! z��..� S, 200 7, 7�0 Westra -7 Construction �- v/�n (jp 3�� ppU 7�� U �� a0U �� 300 0�� j 00 Parkos / /� Construction p(Z- V�%% g60 �j �� 200 b� �� i0 � t�� j�Od ��iOC� Cottonwood Construction �� a� 3�1, 7,�f l a� 3�( ( ��'�- 7/61 I`-'/� McFariand O Construction OK � 7�iG �00 3� d�a 6�0� 1��0 y� �DU o�, 6� Carlson- p� ✓ 7a�' SY 3� /� �� %SU �� OU LaVine � � 7%OO Merrimac t� Construction �� 7/8 �a3 .3�f� y� ?�� j�.j ),7 6��0� i' �6.� i Lund-Martin Construction ��L ✓�y� 3�o 3��y_� ��=�� a oo� �3�/00 5�io0 Rice Lake Const. Group %V � 1 � Miesinger -7�" Construction v /bU bp0 �{0�O %0�00 oZoOO b!00 3�,jQ TCM Construction %1J(3 � � �, Corpo atian �� %��s�r�c� a�! ,5� ��500 /.3�U /o S�U 3, vQo Evert ok �3 y� �, Sov I� S 35 g�o 9 � �5 3, S6d Construction � Spectra Building Group � � � �9 0�� y, OG1� ( �� DOC� 3.r�7 �� pJ ,�� r: � 47 .� �S s�� r � ClTY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 14, 2002 Date: October 9, 2002 „, l� To: Wiliiam Burns, City Manager ,1� ��i ' From Subject: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Comprehensive Plan Amendment, CPA #02-01, Brandes Place, LP M-02-120 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 fo� 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 of the Comprehensive Plan Amendment, with the stipulations as presented. THE MOTION TO APPROVE FAILED ON A 3-3 TIE VOTE. . • PRIOR COUNCIL ACTION The City Council held a public hearing for the Comprehensive Plan Amendment at their regular meeting held on September 23`�. Five hours of public testimony both for and against the Brandes Place project was heard. As a result of the Public Hearing and Council discussion, additional information in the areas of crime statistics, traffic, stormwater management, and subsidized housing was requested. That additional information has been attached for your convenience. RESPONSE TO CITIZEN COMMENTS DURING THE HEARING PROCESS Crime Statistics Obviously, there are no statistics available for Brandes Place as a project. Though there has been citizen speculation about additional crime being tied to approval of this 16-unit project. There has been no credible data to support that speculation. In the absence of any Brandes data, Dave Sallman and the Fridley Police Department have prepared two different analyses of existing Apartment complexes in Fridley. In one example, they compared Village Green Apartments (A Project Based, Section 8 building) with the Rice Creek town home development. Development selection was made for this comparison by virtue of similar project size. Dave points out that the Village Green complex is a subsidized development, while the Rice Creek town homes are market rate, with no subsidy. Dave also points out that number of calls alone do not mean much. The type of calls is a better indicator than raw numbers. Rice Creek Town Homes 141 units Villa e Green A�rtments 196 units Robbe 0 1 Assault 1 1 Warrant Arrest 4 3 Famil Assist 17 24 Miscellaneous * 35 52 Disorderl 6 18 Damage 17 1 Theft 13 4 Total 93 104 * Medicals, suspicious persons, etc. An important thing to note about the "Miscellaneous" category, as it related to Village Green, is that a portion of the building is age restricted for seniors and senior related medicals contribute to a higher number of miscellaneous in this complex. The second comparison made by the police department was a comparison of identical buildings, but with different management. Dave reports the following results: .• Dr. Burns directed us to provide a comparison between a well-managed apartment and one that has historically had problems. The best comparison that we can make in the City is the buildings at 5430 and 5�60 �`' St. they are exactly the same designed buildings, side by side and both contain 32 rental units. They have different owners and different management. As you can see by the comparison below, there is significant - difference in the number of crimes reported at each. The time period is about the �rst 9 1/2 months of 2002. - 5430 Seventh 5460 Seventh Assault 4 � � 1 Bur 1 1 1 Disturbin the Peace 18 1 Criminal Sex. 2 0 Conduct Theft 5 2 Other Crimes 11 1 Total 41 6 The statistics show that management of a complex can make a difference in police calls. Hyde Park - Needles in Park Neighborhood Resource Officer Bob Stevens reports: I spoke with Mark Kreutter, husband to Janet Taylor-Kreutter regarding the complaint of hypodermic syringes in the neighborhood. Mark explained to me that some needles (and used condoms) were found while Mark and his neighbor were cleaning some brush in a vacant lot south of �a known drug usersJ o/d house about seven months ago. According to Mark it was fairly common to find needles in the alley behind this persons house while she lived there. That person has now moved out, no new needles have been found. This matter appeared to be tied to an individual who is no longer in that neighborhood. This is in no way connected to the proposal for Brandes Place that is before the Council. - Section 8 Housing (Pat Wolfe reports the following) Location of Voucher Units a) In terms of the number and locations of "voucher units" in Fridley, I'rn hesitant to supply the locations. Data Privacy prevents me from supplying the locations of my clients for public use. As previously stated in my memo to the Council and Planning Commission the Section 8 tenant based participants are located throughout the City of Fridley and are living in privately owned rental property. Section 8 is not concentrated in any particular area of 50 the city. The Section 8 participants make up less than 1°/o of the entire rental population within our city. Currently the City of Fridley has 182 tenant based Section 8 within the community. Location of Project Based Section 8 Units b) Village Green would be considered a project based Section 8 building. My earlier memo has the break down regarding the number of units in terms of 1, 2 and 3 bedrooms. I believe the majority of the units are one bedroom. Norwood square may also have some project-based ties however; I'm not familiar with their funding. Other than that there are no other project based buildings in Fridley. Section 8 Screening P�ocess c) For Tenant Based Section 8 tenant screening; we do not perform this duty. Because the private landlord is the leaseholder it is his/her responsibility to screen as they would a perspective unassisted tenant. We as a city have no control over the private landlord screening or not screening their perspective residents. Project Based on the other hand does a thorough tenant screening for all perspective tenants. They do rental, credit and criminal history. They check the last ten states the perspective tenant has lived in and they hold 7 years of poor rental, criminal and credit history against the perspective tenant. Section 8 Eviction Process d) As far as "Hard Data" concerning the Section 8 eviction process, I'm not really sure what is being asked. There is not a Section 8 eviction process for tenant based Section 8. The landlord is to deal with evictions the same for unassisted and assisted tenants. This would be through the Unlawful Detainer process that takes place through the court system. It is my understanding the Project Based buildings such as Village Green must also go through the legal system to evict. Housing Density Staff prepared an analysis of the City of Fridley in'/2 mile segments. This map is based on the City of Fridley Section Maps and was prepared in combination with very specific Geographic Information System Data on land use in each of the'/z mile segments. A statement was made during the public hearings regarding this area being the highest density area in the City of Fridley. You will note that that statement is not true based on an analysis of land area dedicated to housing types. The'/2 mile segment where the Brandes project has been proposed contains 7.57 acres of R-2, two dwelling unit zoning, and 7.10 acres of R-3, Multi-family zoning. It also contains 133.98 acres of single family and 11.5 acres of Christiansen Crossing, S-2, Redevelopment District zoning (a mix of single and multiple family units). An important point to focus also is the fact that this'/2 mile segment also includes one of the City's largest parks and has a large percentage of acreage devoted to School uses. By comparison, the south half of Section 24 (NW Quad of 694 and Central) has only 111.9 acres of R-1, Single Family Residential, 6.79 acres of R-2, Two Family, and 70.27 acres of R-3, Multiple-Family Residential. 51 Overall, the City of Fridley has 1.33% of its land dedicated to R-2, Two-Family Dwellings and 3.95% dedicated to R-3, Multiple Family Units. A map is available for your convenience in the Council Reading File. Engineering (as Jon Haukaas reports) Ponding I looked at the Brandes place property and its relationship to Moon Plaza in regards to drainage. The designers for Brandes Place will be required to deal with the storm water runoff through a retention and treatment pond so as not to impact the adjacent properties. We have seen a preliminary sketch of their ponding area but no calculations as yet. I believe it would be physically impossible for a development at Brandes Place to flood Moon Plaza due to the elevation differences. There are two low areas between the two properties that would take storm water before it went to the Moon Plaza property. One is the ponding area for Norwood Square and the other is the storm sewer inlets next to the St. Williams Church. The main problem with the Moon Plaza property is its lack of storm water controls for its own ►-unoff. This property is nearly all building or asphalt parking lots with no ponding or other storm water retention/treatment, which creates flooding problems for it and the neighboring properties Traffic Counts and 5"' Street Design Issues Fifth Street is a Minnesota State Aid (MSA) Roadway. It was designed to collector standards, though it does not carry the number of cars one might normally find on a collector. It is not unusual to find 4,000 (or more) trips daily, on a collector roadway. The following information has been provided to show historic trip data on 5th Street. 5�' Street Traffic Count History Year Mississi i to 63rd 63`� to 61st 2001 2600 1300 1997 3200 1450 1995 4600 1450 1991 3200 1550 1985 3250 1370 Avera e 3370 1424 Affordable Housing In the Fridley/Columbia Heights demographic report it showed that in 1999, the metro area median value of home was $150,000. At that same time, only 8% of Fridley's homes were valued over that $150,000 mark. The source of this information was the Minneapolis Association of Realtors. 52 As you know, the latest "affordable" single-family figure (as posted by the Metropolitan Council) has jumped to $162,000. Our values have also risen at a rate that has dropped our rating from over 90°/a single family affordable to a new ranking of 68%. As you know Livable Communities Funding and Federal TEA 21 Roadway Funding depend on the City being able to successfully answer the question; what are we doing to address the affordable housing issue in our community? Note the question is what are we doing - not what do we have for housing. In the resent past, we dropped in ranking. We had post-war ramblers that were affordable. The strong housing market has placed those out of reach for a large percentage of those who live and work in the community. As a result, there is a portion of the housing market that we as a City do not accommodate. This fact strikes a contrast with the City's recently adopted Comprehensive plan, which indicates that the City will continue to work to maintain its existing housing stock, while working to provide a diversified stock of housing options for those wh� chose to live in the community. Majority Vote (according to Fritz Knaak's Statutory Summary) The particular statutory change that occurred in 2001 amends the provisions of Section 462.357, which is the underlying authority for the adoption of zoning codes by municipalities. Subdivision 2 used to contain the following language: "Subject to the requirements of subdivisions 3, 4, and 5, the governing body may adopt and amend a zoning ordinance by a two-thirds vote of its members." That same section now reads: "(b) Subject to the requirements of subdivisions 3, 4, and 5, the governing body may adopt and amend a zoning ordinance by a majority vote of all its members. The adoption or amendment of any portion of a zoning ordinance which changes all or part of the existing classification of a zoning district from residential to either commercial or industrial requires a two-thirds majority vote of all members of the governing body." A state statute always superceded an inconsistent municipal ordinance. In this case, the ordinance was clearly modeled on the older state statute. If, in this instance, the measure were to pass by a 3-2 majority, but declared by the City to have failed for want of a two- thirds majority, there is little doubt in my mind about the outcome of a declaratory judgment action against the City seeking interpretation of the vote in a manner consistent with State law. Impact to Schools (according to Jim Fisher, Fridley Schools Finance Director) If we had 25 additional pupils this school year, our revenue could be expected to increase approximately $6,420 per student (includes Capital, Compensatory, Referendum, etc.). Therefore, total revenue would be increased by $156,000. However it is a/so likely that these additional students would require an additional feacherand related expenses. If these cost s would average $65,000, then marginal proceeds to the district would equal $99,000. 53 Dr. Marv Ann Nelson, School Superintendent, indicated that the schools would have room to accommodate these students. PLANNING STAFF RECOMMENDATION Based purely on the land use merits of the petition before us, 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 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 the Council approve and hold the first reading of Comprehensive Plan Amendment CP #02-02, with the stipulations as presented. 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. 54 City of Fridley Land Use Application CP#02-01, PS#02-03, ZOA#02-01 September 4, 2002 GENERAL INFORivIATION SPECL•�L I�i iFOR1VIATION 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 �f property into 21ots. Purpose: T'o create lots with the proper zoning to allow the const�uction of 16 units of mulri-family housing. E,cisting 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 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. 55 Council Action / 60 Day Date: 9/23/02 / 9/30/02 Public Urilities: Water and sewer are available at/near the site. Physical Characteristics; Relarively flat, typical suburban landscaping. SUVI:vIARY OF PROJECT Peririoner 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 consm,icrion of 16 townhome style multi-family i.mits. SU�IMARY 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 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 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 Pfat, 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 5th 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, Cathotic 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, Vllells Fargo Bank, and the Sisters of St. Joseph of Carondelet. � i- 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 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#02-01 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 57 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 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 Pubfic / Semi-Public designation is placed on nea�ly 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 approva! 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 Ciry 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 : 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 tesY' that City Planners use to 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 borde�s 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 stipu/ations 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 fited 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. �� RESOLUTION NO. - 2002 RESOLUTION APPROVING A COMPREHENSIVE PLAN AMENDMENT, CPA #02-01, TO CHANGE LAND USE DESIGNATION FROM PUBLIC/SEMI-PUBLIC TO MULTI-FAMILY RESIDENTIAL IN THE CITY'S COMPREHENSIVE PLAN, GENERALLY LOCATED AT 6160 FIFTH STREET NE. WHEREAS, the Pianning Commission held a pubiic hearing on the Comprehensive Plan Amendment, CPA #02-01, on September 4, 2002, and recommended approval; and WHEREAS, the City Council also conducted a public review of the Comprehensive Plan Amendment at their September 23, 2002, City Council meeting and approved the amendment at their October 14, 2002, meeting; and WHEREAS, #he Metropolitan Land Planning Act (Minn. Stat. 473.851 — 473.872) requires that local government units prepare and submit minor amendments to their Comprehensive Plan to the Metropolitan Council; and WHEREAS, a minor amendment is defined as changes to the future land use plan where the affected area is small or where the proposed future land use will result in minor changed in metropolitan urban service demand: changes in the urban service area involving less than 40 acres; change to plan goals and policies that do not change the overall thrust of the Comprehensive Plan; and WHEREAS, the City has determined this to be a minor amendment. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley hereby approves the Comprehensive Plan Amendment, CPA #02-01. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 14T" ' DAY OF OCTOBER, 2002. ATTEST: DEBRA A. SKOGEN — CITY CLERK �� SCOTT J. LUND — MAYOR / � CffY OF FRIDLEY Date: To: From: Subject: AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 14, 2002 October 9, 2002 Wiliiam Burns, City Manager � fi� Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator First Reading Of Rezoning Request, ZOA #02-01, Brandes Place, LP M-02-121 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" property 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. PRIOR COUNCIL ACTION The Ciry Council held a public hearing for the Rezoning Request at their regular meeting held on September 23`�. Five hours of public testimony both for and against the Brandes Place project was heard and the public hearing was then closed. 61 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 logical 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. City Staff recommends approval of the rezoning request and holding the first reading of the rezoning 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 NPDCS 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 first reading of Rezoning Request. 62 City of Fridley Land Use Application CP#02-01, PS#02-03, ZOA#02-01 September 4, 2002 GENERAL IrFORitiLATION SPECIAL INFOR�IATION Applicant: Brandes Place Ltd. Partnership 6120 5`h Street NE Fridley, MIV >j432 Requested Actions: Comprehensive Plan Amendment to change Future Land Use Map designarion 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 constiuction of 16 units of multi-family housing. E,cisting Zoning: Commercial C-3 & Residential — R-2 Lncation: 6120 5`h Street NE Size: Total Area: 305,868 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. 63 Council Action / 60 Day Date: � 9/23/0219i30/02 Public Utilities: Water and sewer are available adnear the site. Physical Characteristics: Relatively flat, rypical suburban landscaping. SUiVI�VIARY OF PROJECT Petitioner is requesting to amend the City's Future Land Use Plan, desi�ating this site for housing, allowing a Rezonin� 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. SUMVIARY OF ��IALYSIS Ciry 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 rezoninQ is an extension of existing R-3 zoning district. y City Staff recommends approval of the Plat. -Lots meet or exceed all zoning requirements. View of Site From South CP#02-01, ZOA#02-0'I , 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 parcef. 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 (MHFAj, Anoka County HOME funds, Wells Fargo Bank, and the Sisters of St. Joseph of Carondelet. .' --� 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 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 65 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 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 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 Comp�ehensive 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. City 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 authoriry to "rezone" property from one designated use to another, so .. 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 tesY' that City Planners use to 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 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. 67 ORDINANCE NO. ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS The Council of the City of Fridley does ordain as follows: SECTION 1. Appendix D of the Fridley City Code is amended hereinafter as indicated, and is hereby subject to the stipulations as shown in Attachment 1. SECTION 2. The tract or area within the County of Anoka and the City of Fridley and described as: Lot 1, Block 1, Church of St. William First Addition, Anoka, County, Minnesota. Lot 2, Block 1, Church of St. William First Addition, Anoka County, Minnesota, generally located at 6160 Fifth Street. Is hereby designated to be in the Zoned District R-2 (Two Family) and C-3 (General Shopping Center). SECTION 3. That the Zoning Administrator is directed to change the official zoning map to show said tract or area to be rezoned from Zoned District R-2 (Two Family) and C-3 (General Shopping Center), to R-3 (Multi-Family). 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 Public Hearing: September 23, 2002 First Reading: October 14, 2002 Second Reading: _ Publication: r.��• . Attachment 1 STIPULATIONS TO ZONING AMENDMENT 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 buiiding permit. .• � � GTY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 14, 2002 Date: October 3, 2002 � To: William Burns, City Manager� From: Subject: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Approval of Preliminary Plat Request, PS #02-03 M-02-119 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 5`h 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. 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 propecty 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 7� spoke. After discussion by the Planning Commission, a motion was made for the approval of the Plat request, with the stipulations as presented. THE MOTION TO APPROVE FAILED ON A 3-3 TIE VOTE. PRIOR COUNCIL ACTION The City Council held a public hearing for the Preliminary Plat at their regular meeting held on September 23'�. Five hours of public testimony both for and against the Brandes Place project was heard before the public hearing was closed. 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 Approve preliminary plat. 71 City of Fridley Land Use Application CP#02-01, PS#02-03, ZOA#02-01 September 4, 2002 GENERAL INFORNIATION SPECIAL LrFORVIATION Applicant: Brandes Place Ltd. Partnership 6120 5`h Street NE Fridley, MN 55432 Requested Actions: Comprehensive Plan Amendment to chanae 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 21ots. Purpose: To create lots with the proper zoning to allow the const�ucrion of 16 units of mulri-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.$7 acres E}cisting 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 staaon, 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. 72 Council Action / 60 Day Date: 9/23/02 / 9/30/02 Public Utilities: Water and sewer are available atinear the site. Physical Characteristics: Relarively flat, typical suburban landscaping. SU1�Ii1�IARY OF PROJECT Peritioner is requesting to amend the City's Future. Land Use Plan, designating this site for housing, allowing a Rezoning of the properiy to R-3 Multi- family. The Plat is being requested to create a new parcel for the construction of 16 townhome style multi-fainily units. SUi�I1�IARY OF ANALYSIS Citv Staff recommends approval of the Comprehensive Plan Amendment. -Comp. Plan does encourage a mix of housing. City Staff recommends approval of the Rezoning Reqzcest. -Proposed rezoning is an extension of existing R-3 zoning district. City Staff recommends approval o, f the Plat. -Lots meet or exceed all zoning 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 5`h 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 5�h 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. 73 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 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. Citv 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 74 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 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; schoals; 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 75 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 to 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. City Staff recommends approval of Rezoninq Repuest 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. 76 � � AGENDA ITEM �'oF CITY COUNCIL MEETING OF FRIDLEY OCTOBER 14, 2002 INFORMAL STATUS REPORTS 77