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03/29/2004 - 4602� � CffY OF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF MARCH 29, 2004 7:30 p.m. - City Council Chambers Attendance Sheet Please �rint name address and item number vou are interested in. � r a CRY OF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF MARCH 29, 2004 7:30 p.m. - City Council Chambers Attendacnce Sheet Please �rint name address and item number vou are interested in. � � CffY OF FRIULEY FRIDLEY CITY COUNCIL MEETING OF MARCH 29, 2004 ?:30 p.m. — City Council Chambers Attendance Sheet Please �rint name address and item number vou are interested in. . . . , . .. . 1 �� +� 1� :. -�. ��- � � U�� .�. �-�-m��, vn� T � ;�' ��e ��b , : S��t��ra.� ��/�f�"//� � � 2,f�� .�C �,�2.��,� ,�. a �+ ✓ � � �,� U � � `L'. �. C�% v �' �6a-' �. 'rd`'� �A ��,; ; �� , /� � �� ,k5�-��-- � J v�� lC�, :: �� z � � ' � � .L �� " r � � , �!%�1 : : ��'�� '� z-�— �� . � GC C /i t`� .r� : �'� � ,��., � - . � Ull�� 0` � C�r � � �"��v�. �\ �v�a. � �a :.� , �� 4�� n��t� � �� ) � � �� `,� � ,Lr ?�,�� o%/ �y'�� `�� , , � �--, � c �Y�Y e��(�.. l=k�,�. � �� '�fi re�r c�� S� �. �rn�su�� lD � t`��r��.�J �� r_�. �. �-1? � �� !/ � 3 v � �i�� : S�` �3�3 � %q�i� �r� �',�'i��'Y (p a�(7 �`� �e C,re.e k- Qc �� c� c� u y �� t" d�t y s.� - ��S'-v �s�r�-r� '� 3-�i/�;=� �J 7�s �� %��p� I ��/- �3��. 9�SZ -Cn�(o�'! 17 fZ � `�7�;� �� 63°SZs�'�"� �� s �y a�a ( iz-.�d� �3G/ �e3 571 $�� CRY OF FRIDLEY CITY COUNCIL MEETING OF MARCH 29, 2004 The City of Fridley will not discriminate against or harass anyone in the admission or access to, or -_ treatment, or employment in its services, programs, or activities because of race, color, creed, religion, 4 national origin, sex, disability, age, marital status, sexual orientation or sta.tus with regard to public - assistance. Upon request, accommodation will be provided to allow individuals with disabilities to ` participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) � �. PLEDGE OF ALLEGIANCE. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of February 23, 2004 City Council Meeting of March 8, 2004 OLD BUSINESS: Second Reading of an Ordinance Amending Chapter 402, Water and Sewer Administration of the Fridley City Code (Tabled March 8, 2004) - ............................................... 1 1 l�-.. 2. Special Use Permit Request, SP #04-02, ��'�%"� by Kevin and Paulette Holman, to Construct a Detached Garage in the Rear Yard Which is Located in a Flood Fringe District, Generally Located at 571 — 79th Way N.E. (Ward 3) .......................................................... 17 - 18 TIN APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS (CONTINUED): � '� �/ � 3. Resolution Reschedulin a Public Hearin to f� 9 g � Amend Section 7.02 of the Fridley City Charter �� byOrdinance ...................... ....... . .. ............................. ...�.�,'........................ 19 - 20 _ ! NEW BUSINESS: 4. Receive the Minutes of the Planning Commission Meetingof March 3, 2004 .................................................................................. 21 - 25 5. Special Use Permit Request, SP #04-03, by Menard Inc., to Allow for the Relocation of their Yard Entrance, Generally Located at 5351 Central Avenue N.E. (1Nard 1) .................................................................. 26 - 30 6. Receive Bids and Award Contract for � the 2004 Street Improvement Project � No. ST. 2004 —1 ................................................................................................ 31 - 32 � � 7. Receive Bids and Award Contract for the �'�� 1 2004 Miscellaneous Concrete Repair � �� (`� ProjectN�. 355 .................................................................... ...... ..........�.......... 33 - 34 � ��z �. � `a 9 � � � FRIDLEY CITY COUNCIL MEETING OF MARCH 29, 2004 PAGE 3 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 8. Resolution Receiving Final Plans and Specifications and Ordering Advertisement for Bids: Woodside Court Street Improvement ProjectNo. ST. 2004 — 2 .................................................................................... 35 - 37 ' a� 9. Approve Change Order No. 1 for the Sanitary & �� Storm Sewer Lining Project No. 354 ................... ...... �.............................. 38 - 41 10. Approve Amendment to License Agreement Between the City of Fridley and Joseph and Linda Nelson, 1357 — 64th Avenue N.E. (Ward 2) .................................................................... 42 - 44 � 11. Approve Joint Powers Agreement for the 2004 Purchase of Self Contained Breathing Apparatus (SCBA) ....................................................................................................... 45 - 49 � 12. Approve North Suburban Regional Mutual Aid .� Association Mutual Aid Agreement .................................................................... 50 - 53 13. Resolution in Support of an Application for a Minnesota Lawful Gambling Premise Permit for Blaine Jaycees (Fridley Crab House Music Cafe) (Ward 2) ................................................................................................... 54 - 55 FRIDLEY CITY COUNCIL MEETING OF MARCH 29, 2004 PAGE 4 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUEDI: �' �� 14. Approve 2004 Reappointments to City 4 Commissions......................................... .............. ...... :.... ........ ........ �p,l�'`� � �Yv 15. Appointments — City Employees 16. Claims 17. Licenses 18. Estimates 56 - 57 � 1,�2___ ........................ ....... ....�:....... .. 58 �;�" •°�:�- ..... .� � � �� ` ��;i' d" �� ; ��, rn�,� .-�'� l�'" ..�.(1.....�� .�. . 59 � � � ....................................................................................................... 60 - 69 ....................................................................................................... 70 � ADOPTION OF AGENDA. 0 OPEN FORUM (VISITORSI: Consideration of Items not on Agenda — 15 Minutes Ix m FRIDLEY CITY COUNCIL MEETING OF MARCH 29, 2004 PAGE 5 PUBLIC HEARINGS: 19. Consideration of an Ordinance Under Section 12.06 of the City Charter Declaring Certain Real Estate to be Surplus and Authorizing the Sale Thereof, Generally Located at the Northwest Corner of Ely Street and Ashton Avenue (1Nard 3) ................................................................... 71 - 72 20. Consideration of an Ordinance Amending Fridley City Code, Section 205.07, R-1, Single Family Dwelling District Regulations, and Section 205.08, R-2, Two Family Dwelling District Regulations, and Section 205.09, R-3, General Multiple Dwelling District Regulations, Related to Accessory Uses (Zoning Text Amendment, ZTA#04-01) ....................................................................................................... 73 - 76 OLD BUSINESS: 21. Second Reading of an Ordinance Amending Fridley City Code, Chapter 11, Fees (Tabled March 8, 2004) ......................................... .. ...... ......................... 77 - 89 22. Second Reading of an Ordinance Creating a New Chapter of the Fridley City Code Setting Service Charges for Emergency Response Calls (Tabled February 23, 2004) ............................................................................................ 90 - 94 23. 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 #04-01, by John DeMello, Profitmax, Inc.) (Ward 2) (Tabled March8, 2004) ................................................................................................... 95 -109 FRIDLEY CITY COUNCIL MEETING OF MARCH 29, 2004 PAGE 6 OLD BUSINESS (CONTINUED): 24. Preliminary Plat Request, PS #04-01, by ! John DeMello, Profitmax, Inc., to Replat ' Six Parcels into Two Parcels, for the Purpose ' of Constructing a Senior Housing Development and a Retail Complex, Generally Located at 1340 and 1314 Mississippi Street, 6421 and 6401 Central Avenue, 1341 and 1357 — 64tn , Avenue and Two Vacant Lots, Lots 17 and 18, X Block 1, Spring Valley Addition (Ward 2) (Tabled - March8, 2004) .......:........................................................................................... 110 - 120 � NEW BUSINESS: 25. First Reading of an Ordinance Under Section 12.06 of the City Charter Declaring Certain Real Estate to be Surplus and Authorizing the Sale Thereof Generally � located at the Northwest Corner of Ely Street and Ashton Avenue ................................................................................. 121 - 122 26. First Reading of an Ordinance Amending Fridley City Code, Section 205.07, R-1, Single Family Dwelling District Regulations, and Section 205.08, R-2, Two Family Dwelling District Regulations, and Section 205.09, R-3, General Multiple Dwelling District Regulations, Related to Accessory Uses (Zoning Text Amendment, ZTA#04-01) ....................................................................................................... 123 - 127 _. 27. Informal Status Reports ..................................................................................... 128 ADJOURN. � � 0 CITY OF FRIDLEY CITY COUNCIL MEETING MINUTES FEBRUARY 23, 2004 The regular meeting of the Fridley City Council was called to order by Mayor Lund at 7:30 p.m. PLEDGE OF ALLEGIANCE: Mayor Lund led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Lund, Councilmember Barnette, Councilmember Billings, Councilmember Wolfe and Councilmember Bolkcom. MEMBERS ABSENT: None. PROCLAMATION: School Board Recognition Week: February 23-27, 2004 Mayor Lund read and presented a proclamation for School Board Recognition Week, February 23 through 27, 2004, to Kim Sampson from the Independent School District No. 14 School Board. He thanked the School Board for their dedication and service to the community and students. Ms. Sampson thanked the Council for the proclamation. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of January 26, 2004. APPROVED. OLD BUSINESS: 1. ORDINANCE NO 1186 AMENDING FRIDLEY CODE, CHAPTER 3, PERSONNEL. RELATED TO SEVERANCE PAY. Dr. William Burns, City Manager, said the ordinance related to severance pay for employees hired before 1978. The amendment to Chapter 3 of the City Code made it clear that the benefit applied to full-time employees who were hired before September 1, 1978. Staff recommended Council's approval. FRIDLEY CITY COUNCIL MEETING MINUTES OF FEBRUARY 23. 2004 PAGE 2 WAIVED THE READING AND ADOPTED ORDINANCE NO. 1186 ON SECOND READING AND ORDERED PUBLICATION. 2. ORDINANCE NO. 1187 AMENDING CHAPTER 107, FIRE DEPARTMENT, OF THE FRIDLEY CITY CODE PERTAINING TO DEPARTMENT OFFICERS. Dr. William Bums, City Manager, said the amendments eliminated references to the Deputy Fire Chief and replaced them with references to the Assistant Fire Chief. They also - proposed new references to the Fire Marshal. Staff recommended Council's approval. -� WAIVED THE READING AND ADOPTED ORDINANCE NO. 1187 ON SECOND � READING AND ORDERED PUBLICATION. 3. ORDINANCE NO. 1188 REPEALING CHAPTER 108. FIRE PREVENTION, AND ADOPTING A NEW CHAPTER 108, FIRE PREVENTION, OF THE FRIDLEY CITY CODE PROVIDING FOR THE ADOPTION OF THE MINNESOTA STATE FIRE CODE. Dr. William Burns, City Manager, said the amendments adopted the 2003 State Fire Code. They also included new language that regulated the following: negligent burning, removal or tampering with equipment, fires or barbeques on balconies or patios of apartment buildings and fire apparatus access road. Staff recommended Council's approval. WAIVED THE READING AND ADOPTED ORDINANCE NO. 1188 ON SECOND READING AND ORDERED PUBLICATION. 4. ORDINANCE NO. 1189 ESTABLISHING A NEW CHAPTER OF THE FRIDLEY CODE PERTAINING TO CLANDESTINE DRUG LAB AND CHAMICAL DUMP SITES. Dr. William Burns, City Manager, said the ordinance was requested by the Anoka County Department of Health. It did the following with regazd to meth labs and chemical dump sites: provided definitions, established notification requirements of the City and the property owner, identified other responsibilities of the property owner, established property owner responsibilities for costs, provided for recovery of City costs, and established an appeal process whereby Council had authority to hear appeals from property owners. Staff recommended Council's approval. WAIVED THE READING AND ADOPTED ORDINANCE NO. 1189 ON SECOND READING AND ORDERED PUBLICATION. FRIDLEY CITY COUNCIL MEETING MINUTES OF FEBRUARY 23. 2004 PAGE 3 5. SECOND READING OF AN ORDINANCE ESTABLISHING A NEW CHAPTER OF THE FRIDLEY CITY CODE SETTING SERVICE CHARGES FOR EMERGENCY RESPONSE CALLS. Dr. William Burns, City Manager, said the ordinance was new and incorporated new fees in combination with existing fees. It was based on State-enabling legislation approved in the last legislative session. The new fees were as follows: $400 fee for vehicle accidents, - $400 fee for vehicle fires; hourly rate for contractor disruption of underground utilities, and f- an hourly rate for a fire caused by arson or negligence. Staff recommended Council's approval. } THIS ORDINANCE WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. NEW BUSINESS: 6. FIRST READING OF AN ORDINANCE AMENDING THE FRIDLEY CITY CODE, CHAPTER 11, FEES. Dr. William Burns, City Manager, said staff conducted a fee study last year as part of the process for preparing for the 2004 budget. The object of the study was to identify fees that needed to be upgraded to reflect the costs of City services and fees that were no longer justifiable. Staff estimated that these changes will generate an additional $98,894 per yeaz. Staff recommended Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 7. FIRST READING OF AN ORDINANCE AMENDING THE FRIDLEY CITY CODE, CHAPTER 206, BUILDING CODE, ADOPTING THE 2001 STATE BUILDING CODE. Dr. William Burns, City Manager, said the State Code was based on the International Building Code and the National Electrical Code. While it was mandatory that Council adopt the State Code, they did have the discretion to accept, adjust or deny the fee schedule staff recommended. The fee recommendations reinstated fees for residential plan review. Up to 65% of the value of the permit fee may be charged for this purpose. Fees written into this document were based on the fee study that was conducted last year. In addition to fee discretion, the State Code also gave Council the ability to decide the level of the requirement for sprinkler systems. Staff recommended Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. FRIDLEY CITY COUNCIL MEETING MINUTES OF FEBRUARY 23. 2004 PAGE 4 8. RESOLUTION NO. 2004-15 PROVIDING FOR THE ISSUANCE AND SALE OF $1,790,000 GENERAL OBLIGATION WATER REVENUE BONDS, SERIES 2004A, AND PLEDGING FOR THE SECURITY THEREOF NEW REVENUES. Dr. William Burns, City Manager, said staff requested the issuance of the bonds to fund the following water system projects: replacement of the Marion Hills water tower, refurbishing of the Commons park water treatment plant, repair the Commons Park water tower and for water main lining. Moody's Investor Service indicated that we will be able to maintain our _ Aal bond rating for this issue. Based on the recommendations of bond counsel, staff -` rt recommended that the issue be sold to Cronin & Co., Inc., at a rate of 3.6522% over 15 years. Staff recommended Council's approval. _ ADOPTED RESOLUTION NO. 2004-15. 9. RESOLUTION NO. 2004-16 PROVIDING FOR THE ISSUANCE AND SALE OF $3,920,000 TAXABLE GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 2004B, PLEDGING FOR THE SECURITY THEREOF TAX INCREMENTS AND AUTHORIZING EXECUTION OF A TAX INCREMENT PLEDGE AGREEMENT. Dr. William Burns, City Manager, said staff recommended the sale of $3,920,000 in refunding bonds to replace a$4,185,000 tax increment bond issue that was sold in 1988 to fund the purchase of the Lake Pointe site. The refinancing of this bond issue will save the Housing and Redevelopment Authority and the City costs, having a present value savings of $310,542. The lowest and best bid was received from Piper Jaffray & Co. at a 3.754% interest rate over 8 years. Staff recoxnmended Council's approval. ADOPTED RESOLUTION NO. 2004-16. 10. RESOLUTION NO. 2004-17 ACCEPTING PROPOSAL ON THE COMPETITIVE NEGOTIATED SALE OF $1,225,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2004C; PLEDGING FOR THE SECURITY THEREOF WATER AND STORM SEWER SYSTEM NET REVENUES AND THE LEVY OF TAXES. Dr. William Burns, City Manager, said it replaced a$2,935,000 issue that was sold in 1996. The savings from the refunding was estimated to have a present value of $75,715. The lowest bid was received from Hutchinson, Shockey, Erley & Co. at a 2.473% interest rate over 7 years. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 2004-17. 11. RESOLUTION NO. 2004-18 AUTHORIZING CHANGES IN APPROPRIATIONS FOR THE 2003 BUDGET FOR NOVEMBER THROUGH DECEMBER. 2003. Dr. William Burns, City Manager, said the changes covered the months of November and December. The General Fund portion of the changes was a result of donations, grants or FRIDLEY CITY COUNCIL MEETING MINUTES OF FEBRUARY 23, 2004 PAGE 5 other external funding. The amount for the General Fund was $47,900. All but $200 of this amount was for the Police Department. Staff also recommended the use of $147,271 from fund balance to cover change orders for the Municipal Garage remodeling project. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 2004-18. - 12. RESOLUTION NO. 2004-19 SUPPORTING THE IMPROVEMENTS FOR THE -- RICE CREEK WEST REGIONAL TRAIL. - Dr. William Burns, City Manager, said the Anoka County Parks and Recreation '� Department applied for a Federal Recreation Grant through the Minnesota Department of Natural Resources. If funded, the grant would provide for improvements to the regional bikeway/walkway trail between University Avenue and Highway 65. The project would include resurfacing, sign replacement and stream bank erosion control. The Parks and Recreation Commission approved a similar resolution of support. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 2004-19. 13. APPOINTMENT — CITY EMPLOYEE. Dr. William Bums, City Manager, said staff recommended the appointment of Margo Prasek as Recreation Program Supervisor. Staff recommended Council's approval. APPROVED APPOINTMENT OF MARGO PRASEK AS RECREATION PROGRAM SUPERVISOR. 14. CLAIMS. APPROVED CLAIM NOS. 115324 THROUGH 115487. 15. LICENSES. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. 16. ESTIMATES. APPROVED THE FOLLOWING ESTIMATE: CM Construction Company 12215 Nicollet Avenue South Burnsville, MN 55337 Rogers, MN 55374-9461 Fridley Municipal Garage Remodeling Project FINAL ESTIMATE $14,812.07 FRIDLEY CITY COUNCIL MEETING MINUTES OF FEBRUARY 23, 2004 PAGE 6 APPROVAL OF PROPOSED CONSENT AGENDA. Dr. Burns recommended approval of the consent agenda. Councilmember Wolfe asked to remove Item No. 5 from the consent agenda. Councilmember Bolkcom asked to remove Item Nos. 6 and 7 from the consent agenda. Mayor Lund asked that a correction be made to Page 13 of the minutes of January 26, 2004. -� Under Item No. 20, change the paragraph on the vote to read: Upon a voice vote, Mayor Lund, Councilmember Barnette, Councilmember Billings and Councilmember Bolkcom voting aye and - � Councilmember Wolfe voting nay, Mayor Lund declared the motion carried on a 4 to 1 vote. MOTION by Councilmember Barnette to adopt the proposed consent agenda with the removal of Item Nos. 5, 6 and 7 to the regular agenda and the correction to the minutes of January 26, 2004. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF AGENDA. MOTION by Councilmember Bolkcom to adopt the agenda with the addition of Item Nos. 5, 6 and 7. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM: Mr. Tim Byrne, 6053 Woody Lane N.E., said he watched a Charter Commission meeting tape. He was under the assumption that Council had decided to put the sewer and water rates on the ballot next fall. The Charter Commission was discussing amending the Charter to achieve the same objective. He asked for an update. Mayor Lund said the Charter Commission held a public meeting to get input from the public. The Charter Commission had not yet made a recommendation to Council. Mr. Byrne said if the water and sewer fees had to be increased above the inflationary rate, maybe they could reduce all other spending by that same amount. He did not think the citizens should automatically pay higher and higher water bills. Mayor Lund said a large portion of the fees were passed down from the Met Council and the State. Seventy-three percent of the fees collected for the sewer charge were from outside chazges. FRIDLEY CITY COUNCIL MEETING MINUTES OF FEBRUARY 23, 2004 PAGE 7 Mr. Byrne said the spirit of the ordinance was that the City Council and the City were going to live within its means. If the fees were put on autopilot, he asked if they would compensate and spend less on the other end on non-essential items. Mayor Lund said they were user fees for people using City services. Dr. William Burns, City Manager, said it was an agenda item. -- Mr. Byrne asked what new services were being provided and if any non-essential services were going to be eliminated. He said he passed Madsen Park during the winter and did not think the " hockey rink was utilized this winter. He suggested that next yeaz they analyze the cost of hiring '� someone as a warming house attendant for safety purposes. Councilmember Bolkcom said the rinks were not being used when they had warming house attendants. She said they needed to look at all the ice skating rinks in Fridley. Councilmember Barnette said they had cut back on ice rinks. Councilmember Billings said that the actual costs were the warming house attendants because the people maintaining the ice were on hand for snow plowing and other things. Mr. John Darus, St. Anthony Fa11s Group, 4045 Xe�es Avenue North, Minneapolis, said he spent most of his life in Fridley, and his kids went to school in Fridley, and he had relatives and friends in Fridley. He represented four corporate citizens of Fridley. Ms. Madeleine Saltness introduced herself and said she represented the Fridley American Legion, 7365 Central Avenue N.E. Mr. Richard Defoe introduced himself and said he represented Sharx Club, 3720 East River Road N.E. Mr. George Vespa introduced himself and said he represented Joe DiMaggio's Sports Bar and Grill, 1298 East Moore Lake Drive. Mr. Bob Chaput introduced himself and said he represented Main Event, 7820 University Avenue N.E. Mr. Darus read the following letter from the four individuals: To All the Members of the Fridley City Council: As we are sure you are aware, the recent passage of Minnesota Statute 340A.504 allows local municipalities to allow later closing times for facilities serving beer and liquor located within their boundaries. As you know, we are in a highly competitive business. Collectively, we employ in excess of 140 people, pay sales tax in excess of $400,000 a year, they could not estimate property taa�es now but they were considerable, and make FRIDLEY CITY COUNCIL MEETING MINUTES OF FEBRUARY 23, 2004 PAGE 8 many donations to numerous charities and non-profit organizations in Fridley, including the Lions Club, Fridley High School, Totino Grace High School, Fridley Rotary, Chamber of Commerce and sports teams of all ages. We are very proud to be corporate citizens of Fridley. It is a great place to live and do business. However, our ability to do business successfully depends on our ability to compete with business in the area surrounding Fridley. At the present time, we are at an extreme disadvantage. It is vitally important to us, the undersigned, that you grant our petition for the option of the later closing time so that we will be able to compete on a level playing field with the businesses in the surrounding communities. Therefore, we respectfully request that you grant us the later closing time option immediately so that we might continue to contribute to our community here in Fridley. Mr. Darus said the letter was signed by the four individuals. The State legislature passed the law and the Governor signed it. It did say local option and that was why they were before Council. His clients know about the 60-40 rule and feel that that they have been and can adhere to the 60-40 rule and have no problems with it. To fail to be able to compete with other business entities in the surrounding communities caused their revenues to go down. He said when someone started going to another place for whatever reason, it was haxd to get them back. If the other business had something to offer that you did not such as a later closing time that made it more difficult. The new law so far was not a problem. They were at the meeting to request that this issue be referred to a committee and an open hearing be held so they could testify and tell them why it was important. He said there were a lot of people interested in this issue. Mayor Lund said they have had discussions with some of the liquor operators. Council took the position that they were going to wait six months. A question on the 2:00 a.m. closing was included in the Council/Commission survey to get input from the other commission members in the City. Council was waiting for information from the Police Department to see if there had been any problems with the 2:00 a.m. closing. He said they would be looking at it in the near future, but he did not have a definite date or time. Mr. Darus said something needed to be done now because every day they did not have the law, the businesses lost revenues and customers. Councilmember Bolkcom said she spoke with the Anoka County Sheriff. She thought that other than Minneapolis, in Anoka County, Spring Lake Park might have passed a resolution and possibly St. Francis. Mr. Darus said there was request in Coon Rapids. Mayor Lund said he thought Spring Lake Park, Mounds View and Blaine had passed resolutions. Dr. William Burns, City Manager, said Council would be meeting on April 19 with the Planning Commission and the Appeals Commission to discuss the results of the survey, and that would be one of the items discussed that night. Mayor Lund asked if they would have the inforxnation by then. � FRIDLEY CITY COUNCIL MEETING MINUTES OF FEBRUARY 23, 2004 PAGE 9 Councilmember Bolkcom asked if they had DUI and accident reports. She asked if the kitchens would stay open longer. A few of the people present were close to the 60-40 ratio now and she was wondering if there would be problems if they stayed open one hour longer. Mr. Darus said they would not be at the meeting if it was not an economic hardship. _ Mayor Lund said if they held a hearing, they would the statistics from the Police Department. He -- said it was scheduled to be discussed at the April conference meeting. He said they needed time to v get the information they needed to make a decision. '� Councilmember Wolfe said some of the businesses were on the edge of the 60-40 ratio. He said they might be losing a little business now, but if they could not meet the ratio with an extra hour of liquor being sold, they could be completely out of business. Mr. Darus said they understood that. He asked if they could vote on a resolution. Councilmember Bolkcom said they were meeting in April and would talk about it. She said it would be a huge economic impact on the citizens if they had to change the way the Police Department was staffed. They needed to make an informed decision and to hear from both sides. She thought it was important to look at the accidents and DUI incidents, look at some of the other communities doing already this and what kind of problems they had, together with the information the businesses could provide. Mayor Lund said the resolution would be deternuned by the information that was provided. Mr. Darus asked if they were going to have a hearing sometime in April on this issue. Mayor Lund said they would have a discussion on it. Mr. Darus asked if there would be an opportunity for input at that time. Mayor Lund said it would be appropriate to bring the proprietors in at some point after the discussion to provide them with an opportunity to voice their concerns. MOTION by Councilmember Billings to receive a letter from Ms. Saltness, Mr. Vespa, Mr. Chaput and Mr. DeFoe. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Donald Anderson, 7304 West Circle N.E., said he saw the Planning Commission meeting about the request from Spring Lake Park School District to use a residential home at 7517 Fourth Street N.E. for mentally challenged students. He said he was one of those students in the early 1990s. FRIDLEY CITY COUNCIL MEETING MINUTES OF FEBRUARY 23 2004 PAGE 10 Mayor Lund asked him if he wanted to voice his opinion. Mr. Anderson said he was in a home setting from 1992 to 1996 and he thought a home like this would work out. Dr. William Burns said that at the last Council meeting a resident made a number of comments and asked questions. Since that time, he had spoken with staff and the City Attorney and wanted to respond. The resident asked a question about a moratorium on rezoning until the comprehensive _ plan could be addressed. The City could initiate a moratorium as long as there was just cause and -- the time was reasonable. A moratorium could not be used to delay or stop a pending project. A Y comment was made that salaried and elected officials should live within the City. The State - Supreme Court had determined those requirements were unconstitutional. As a practical matter, � since most other cities did not have a residency requirement, it would make it significantly more difficult to fill specialized City positions. A comment was made that the remodeling coordinator should be eliminated. The City did not have a remodeling coordinator and had not had one since 2000. The City did contract out to CEE for a minor amount of remodeling advice to City housing rehabilitation clients. In 2003, that amount was around $3,000. A comment was made that the Recycling Coordinator should be eliminated. There was no law that required recycling services. The City's response was that there were State and County laws that mandated recycling among municipalities. Half of the Recycling Coordinator's salary was provided through SCORE funding. The Recycling Coordinator had raised grant funding for the water quality project for the Springbrook Nature Center and regularly participated as a code enforcement officer as well as in other planning duties. A comment was made about the newsletter dye. While it contained a lot of news, the City could probably do it much cheaper on standard newspaper and in black and white. The City newsletter costs about $6,000 an issue or about $36,000 per year out of a$12.2 million General Fund budget. The cost was divided among graphic design, printing and postage. The City could probably get by more cheaply with less expensive paper and no color. A couple of years ago, staff switched printers and in the process went from front and back color to full color for what amount to be about $300 per issue. While we could get by without color, it would not reduce any of the cost for postage or layout. It should be kept in mind that the City had not replaced the $52,000 position that previously had responsibility for the newsletter. There was a slight odor from the newsletter's soy-based ink. Due to cost factors, the newsletter was not run through a"heat set" process which would dry the ink on the newsletter before it was distributed. To go through a heat set process would be tremendously expensive. Dr. Burns said the resident asked how the developer of the Town Center senior condo project would guarantee that seniors would be living in the condos. The homeowners association's bylaws would control the conditions under which the units were sold or rented. They expected that seniors who had put down their money for units would be very reluctant to change the bylaws in a manner that would allow younger families and/or rentals. The same could also be said for the DeMello project that was being considered for the east side of Old Central Avenue. A statement was made that it was ironic that the City was contemplating charging for medical assist ca11s while at the same time co-sponsoring the "Heart Safe Community Iniative." The majority of the calls would most likely be from seniors who could least afford the new fees. The City was not contemplating charging fees for medical assist calls. Fees would be charged to cover costs for responses to � � FRIDLEY CITY COUNCIL MEETING MINUTES OF FEBRUARY 23. 2004 PAGE 11 personal injury accidents, vehicle fires, contractor-induced utility line ruptures, and fires caused by arson or negligence. 00 Mayor Lund asked Mr. Burns to send a letter to the resident who made the comments. Mr. Jon Haukaas, Public Works Director, had a response to a long-overdue request for information on water and sewer connection inspection services. The City's current fee for sewer and water connection inspections was $40. The City provided a visual inspection only. They checked to make sure the contractor was licensed, verified the materials that were used, and made a visual inspection. They did not climb down into the excavation at all. If there were obvious problems they might go to that extent provided they felt it was safe. The visual inspection was for the City's infrastructure as well as for the homeowner who paid the fee. They surveyed surrounding communities and put together the current fees they were charging. Blaine charged $25 each for residential sewer or water service connection inspection and it was a visual inspection only which was performed by their sewer and/or water department personnel. They have all been sent to additional inspector school. Fridley has had a construction inspector on staff doing those inspections until the past year. Columbia Heights charged $35 for their utility connection inspections, and it was a visual inspection only unless a problem was evident. They did require a trench box for protection on any excavation a City employee must enter. The inspections were performed by their utility department personnel who had cross-training at an MPWA Inspector School. Coon Rapids charged $50.50 for a sewer connection inspection and $50.00 for a water service connection and it was a visual inspection only. Some of their utility department personnel were trained at the MPWA Inspector School. New Brighton did not charge a separate inspection fee for sewer and water service connections. It was charged under the SAC fees or other building permit fees. They have their utility supervisors cross-trained for inspections. Spring Lake Park charged $35.50 per trip for their sewer and water service connection inspections. If there was a problem and the inspector had to return, there would be another trip chazge. It was a visual inspection only, unless a problem was evident. They cross-train utility department personnel at the MPWA Inspector School. It was his conclusion that the City's fees and policies were generally the same as surrounding neighbors. While an inspector was no longer on staff because that was one of the positions eliminated last year, they should budget for a contract inspector again or look at cross-training some of the City's utility personnel. Councilmember Bolkcom asked that a reply be sent to the resident. PUBLIC HEARING: 17. NPDES ANNUAL UPDATE. MOTION by Councilmember Bolkcom to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING MINUTES OF FEBRUARY 23. 2004 PAGE 12 Mr. Jon Haukaas, Public Works Director, said it was not a true public hearing, but a public meeting required by the State of Minnesota as part of the NPDES permit. NPDES stood for National Pollutant Discharge Elimination System. It was a program mandated by the United States EPA under the Clean Water Act and they delegated that authority to the sta.te level. These new rules increased the regulation of storm water control from industrial use, from construction sites, and from municipal storm sewer systems. They required each of the activities or systems to meet certain requirements to obtain permits and pay appropriate permit fees. The storm water program started with Phase I in the early 1990s and required major metropolitan areas to permit their storm sewer systems. Phase I required all construction sites of 5 acres or lazger to obtain a permit and meet certain criteria for preventing erosion. Phase I also created a pernut for run-off from industrial activities. In that permit there were a number of exemptions primarily for governmental facilities. That has been eliminated in the Phase II program. The storm water program as it applies to an MS4, municipal separate storm sewer system, which was what Fridley was, was a system of storm water conveyances such as streets, manholes, catch basins, pipes and ponds that are owned or operated by a government organization. The mandated program regulated the MS4. Phase II was required by cities larger than 10,000 people or denser than areas of at least 1,000 people per square mile, basically suburban areas, which made it apply to the entire metro area. It also dropped the construction site threshold from 5 acres to 1 acre. This program was run by the MPCA. Developers affecting greater than one acre had to apply to the Sta.te for a construction site permit. With respect to industrial site classifications, it changed the no-exposure industrial sites making a lot of industrial and municipal owned or other government facilities prove that they are detrimentally affecting the environment by their storm sewers. Mr. Haukaas said the Storm Water Pollution Prevention Program or SWPPP was the main component. It was up to the cities to select and implement the program that was appropriate for their area. BMP was Best Management Practices that prevented or reduced pollution of waters of the staxe. The local storm water program had to have flexibilities to determine what the City needed to do on its own, establish measurable goals and best management practices to meet those goals, and track and record them. Through coordination with the LMC, 122 cities, 3 counties and 1 township got together and created a large guide plan that helped with developing the permit. BMPs were measures or practices used to prevent or reduce the pollution of the waters of the state. There were often divided into structural or non-structural. Structural was generally something that was physically done or constructed. Non-structural were often educational components. The program includes six minimum measures, including public education and outreach, public involvement and participation, illicit dischazge detection and elimination, construction site runoff control, post construction storm water management, pollution prevention and good housekeeping for municipal operations. Mr. Haukaas said the City had been very proactive in the area of storm water management over the years and did not have to create anything new. With respect to public education and outreach, the City had been showing cable television videos. There was an Anoka County library display that provided brochures and information on less toxic options for lawn and gazdening and house maintenance. With the Springbrook Nature Center program, they created two direct mail pieces. One was directed to the Springbrook Watershed property owners that showed what happened to storxn water as it went through the Nature Center. There was another piece directed to all the residents of the upper Mississippi Watershed, which covered the City of Fridley and other r � FRIDLEY CITY COUNCIL MEETING MINUTES OF FEBRUARY 23, 2004 PAGE 13 communities. It was a cooperative effort. There were six Springbrook Nature Center Saturday workshops in 2003. They would not be listed in the plan for next year, but the workshops would still be held. There was a game called "How's the Water" which educated 4�' through 6�' grade students during the Extension Service's natural resource field trip visits to the Nature Center. This will also be eliminated from the plan, not only because of the Nature Center, but because the Extension Service had cut their budget. There was also an interactive computer kiosk called "Alex the Frog" which was interactive software that educated adults and children about storm water and how it impacted wetlands. Mr. Haukaas said the second part of the program was public participation and involvement. There ,� where three items under this category. One was the Home and Garden Fair which was a four-city fair conducted to promote the use of rain barrels and rain gardens. It was scheduled for Apri124, 2004, at the Springbrook Nature Center. The second item was inlet stenciling such as putting stickers on catch basins or putting a stencil on the street next to the catch basin. Community or school groups are recruited to help. The third item was wetland curriculum at the Springbrook Nature Center for 3`d and 8�' graders from the Fridley School District. Mr. Haukaas said the third part of the program was illicit discharge detection and elimination. One requirement under this section included creating a storm sewer map, The City has had this for many years, and it is updated every year. Another item was storm sewer lining. The City had been repairing the older lines for leaking joints and structural deficiencies. The City was also required to inspect 20 percent of outfall each year to get everything checked on a five-year cycle. The City has created checklist forms and inspection reports which will be kept on file with pictures. There was a requirement for the revision of the illicit dischazge ordinance. The City has had an illicit dischazge ordinance since 1995 prohibiting sump pump discharges to the sanitary sewer and other discharges to the storm sewer. It looked like the City's ordinance was good. There may be some sma11 changes made in the second year of the program. The City's newsletter had also included articles on sump pumps and pool discharges. Mr. Haukaas said the next two parts of the program were construction site runoff control and post construction storm water management in developmentlredevelopment. This included revising ordinances and creating brochures. The City's ordinances did cover what was needed. They were working on creating some brochures with some handouts and checklists for developers and construction inspectors dealing with erosion control for projects. Permanent storm water controls such as ponds and infiltration areas have been required for years. With the new regulations, there may be a few more projects. Most of the projects would be for redevelopment projects. Mr. Haukaas said the sixth part of the program was pollution prevention and good housekeeping for municipal operations. The City had identified three things that were being done for many years. One was storm sewer treatment device cleaning. There were four in the City. Two were installed in 1999 with the Anoka County reconstruction of Central Avenue. Two more were added on the south side of Locke Lake with the 2002 street reconstruction project. They are cleaned every yeaz and inspected at least twice a year. They were removing a lot of sediment before they were discharged into Locke Lake or Rice Creek. The second item was the annual street sweeping. There was a contract to get the entire City done in the spring and staff continued street sweeping throughout the year. Last year the entire City was done almost four times and almost 3,900 cubic FRIDLEY CITY COUNCIL MEETING MINUTES OF FEBRUARY 23. 2004 PAGE 14 yards of sediment were removed from the streets that would otherwise have been washed into the lakes and rivers. Councilmember Barnette asked what they did with the sediment. Mr. Haukaas said it was brought to the construction sites that need sand or fill. Most of it was screened. The last item was there was a cable television show called "Your Eco Home." Six shows were prepared in 2003. Some of the items included in the shows were landscaping for - wildlife, the new pond at 85th and University Avenues and how it would help the Springbrook -- Nature Center, how to protect the Mississippi River from storm water runoff, Living Crreen Expo, the Home and Garden Fair, and converting garbage to electricity. f Mr. Haukaas said in 2004 they would be removing the items done by the Springbrook Nature Center. He said they would try to do them as long as they were able, but they did not want to make them a requirement. This would not affect the City's compliance with the NPDES permit. 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 UNANIMOUSLY. NEW BUSINESS: 5. SECOND READING OF AN ORDINANCE ESTABLISHING A NEW CHAPTER OF THE FRIDLEY CITY CODE SETTING SERVICE CHARGES FOR EMERGENCY RESPONSE CALLS. Councilmember Wolfe said he had a problem with charging a fee for a car fire. Councilmember Billings asked how many car fires were on vehicles passing through the City of Fridley who were non-residents. Mr. John Berg, Fire Chief, said he did not have the statistics. He said he would guess that most of the car fires on the highways were transient. Councilmember Billings asked if there were a lot of car fires in parking lots and on City streets or were the mostly on the highways. Mr. Berg said a majority of vehicle fires were on the highways and City streets. There were a few in pazking lots. He guessed that very few vehicle car fires were in driveways or parked in the resident proper. Councilmember Wolfe asked about charging a non-resident fee. He did not know if there would be a legal issue. FRIDLEY CITY COUNCIL MEETING MINUTES OF FEBRUARY 23, 2004 PAGE 15 City Attorney Fritz Knaak said it was a legal issue. He said if it was a service provided to the public at large, you could not differentiate. Councilmember Bolkcom said she had a concern about the people who could not afford the fee. She asked what would happen if someone did not have insurance or the money to pay the fee. Mayor Lund said they would probably let it go. Mr. Berg said it was not in the ordinance but they did discuss it. ,- Councilmember Bolkcom said she would like to table the second reading of the ordinance and look at what some other communities have done and check with the insurance companies and determine if there was something that could be written into the ordinance Councilmember Wolfe said he would like to wait on it. He asked if it would affect insurance rates. Councilmember Billings asked if the residents of Fridley were paying for the fires to be put out. Mr. Berg said they were. Councilmember Billings said if they did not create a policy such as this, taxes would go up. Someone had to pay for the services. He said the intent with the ordinance was to have those people who were benefiting from the services pay the fees for the service so that everyone else in the City did not have to pay for the services. MOTION by Councilmember Wolfe to continue the second reading of the ordinance to get more information from the insurance companies. Seconded by Councilmember Bolkcom. Councilmember Bolkcom asked Councilmember Wolfe if his intention of continuing this item was so that they could look information from insurance companies, if this has been done in other communities and what they are doing and about the ability to pay the fees. Councilmember Wolfe agreed. Councilmember Billings said he thought the motion was to contact insurance companies to see if they were going to pay. He asked how many insurance companies should be surveyed. He said the proposal from staff was that those people actually using the services were going to be charged a fee. Councilmember Wolfe said that every t�payer in the City of Fridley was paying for the City to have firefighters. If someone who lived in the City had to use them, they would be charged an extra fee. Councilmember Billings said costs were going up every year. Their taxes would continue to go up because services were provided that cost money. FRIDLEY CITY COUNCIL MEETING MINUTES OF FEBRUARY 23. 2004 PAGE 16 Councilmember Bolkcom said it was her understanding that they would look at some other communities, such as Brooklyn Park, Brooklyn Center, Spring Lake Park, and Mounds View, to see what they were doing. Mr. Burns said to table this to look at what other fire departments were doing was a valid inquiry. The insurance inquiry would be difficult. Councilmember Bolkcom said her other suggestion was to look at what insurance companies have - done in the other communities. -- Mr. Burns said it was a relatively new change and he did not know if there was that much � experience to work with. Mr. Berg said there are communities who have been doing this for a number of years, including Spring Lake Park and Mounds View. Mr. Burns suggested that Councilmember Wolfe, Mr. Berg and Attorney Knaak work together to determine if there was an opt-out method. MOTION by Councilmember Wolfe to ta.ble the second reading of this ordinance until March 29, 2004. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNA1vIMOUSLY. 6. FIRST READING OF AN ORDINANCE AMENDING THE FRIDLEY CITY CODE, CHAPTER 11, FEES. Councilxnember Bolkcom asked staff to go over the fees and the fee study. Mr. Rick Pribyl, said he worked with the auditors the City contracted with to conduct the study. Staff went over what they did on a day-to-day, weekly, monthly and an annual basis to try to break that down into service providing activities. He, the auditor working on the survey and a division supervisor or department manager then met and went over the activities and tried to ascertain the amount of time each employee spent on each of the activities, the actual costs and what was currently charged and made their proposal. The charges were for those services provided to an individual. Councilmember Bolkcom asked why some of the fees were crossed off. Mr. Pribyl said a number were incorporated into other sections. Mayor Lund asked about the change in the reinspection fee under multiple dwelling. FRIDLEY CITY COUNCIL MEETING MINUTES OF FEBRUARY 23. 2004 PAGE 17 Mr. Berg said the fee for the initial inspection included reinspection. There was a time period to make the corrections and the reinspection was included. After that, any additional inspections were charged the reinspection fee. Mayor Lund asked if the $41.25 under Section 220 for a single rental unit was an annual fee. Mr. Berg said it was an annual fee. - Mayor Lund asked if it was an annual inspection fee. " Mr. Berg agreed. � Mayor Lund asked when the reinspection fee was charged. Mr. Berg said on the third inspection. Councilmember Bolkcom said the rental units were inspected every fourth year. Mr. Berg agreed. Councilmember Bolkcom said the fee was paid but they were not inspected unless there was a complaint. Mayor Lund indicated that on Page 29, under 23 Public Dance, the dollar amount should be $75.00. Mr. Berg said there was someone in the audience who had comments about the rental housing fees. Councilmember Billings indicated that on Page 25, 217a(c) should read "8-12." Mr. Harvey Filister, 5750 East River Road, one of the owners of Georgetown Apartments, said he had problems with the increase in inspection fees for several reasons. One reason is the rental market is not good. They are in one of the worst times they have ever had. To impose the fees at this point in time was unreasonable and would be passed on to the residents. Gas bills have gone up. Electric bills have gone up. T�es go up every year. Someone had to pay that. He also had a problem with they whole inspection program. This was something Council decided to do. The residents did not appreciate people going into their apartments. The City was asking them to pay the City's costs for the inspectors. Mayor Lund said the increase in the fee was minimal. Mr. Filister said that was not the issue. It was something they had to pay. Mayor Lund said they were still being subsidized by the taxpayers of Fridley for the inspections. Mr. Filister said they were also ta��payers. FRIDLEY CITY COUNCIL MEETING MINUTES OF FEBRUARY 23, 2004 PAGE 18 Mayor Lund asked Mr. Berg what their acival costs were. Mr. Berg said their actual costs were close to $100,000, which included the activities they were involved in, the cost of a full-time firefighter, and a 32-hour administrator. The actual fees collected for licensing and reinspections cover about 60 percent of that cost. With the proposed increase, they would be closer to about 80 percent. Councilmember Bolkcom asked what the fee was for Auction on Page 25. Mr. Pribyl said it would be $30.00 up to a week. Councilmember Bolkcom said the word "amusement" was spelled wrong. Councilmember Barnette asked how the fees increases got around the charter amendment language. Attorney Knaak said under the Charter language, they were allowed to charge for services that are directly provided. That language actually required indirectly that they conduct the kind of study that was done. The law generally said that municipalities cannot charge fees other tha.n to recover their costs. In the case of Fridley specifically, there was different language in the charter which said they could not raise fees above the non-inflationary level except in instances were they tracked actual costs. With the study that was done, there was some objective basis for that calculation. Councilmember Bolkcom asked what "duplicate" meant on Page 26 under pogs. Mr. Pribyl said it was in case a license was misplaced. Mayor Lund said Mr. Filister sa.id rental inspection per unit fee had been increased. Mr. Berg said it increased 50 percent from $5.50 to $8.25. Mayor Lund said the amount listed on Page 28 should be $8.25, not $5.50. Councilmember Wolfe said people may question the amount the fees are going up and whether they were already being paid to do the job. Mayor Lund said some people may like the fee increases. Ultimately they were talking about user fees and getting closer to the actual cost. Councilmember Billings said Page 27 included the on-sale liquor fees. Currently the fees were based on the square footage of the business and ranged from $6,000, $7,000 and $8,000 for no entertainment and $7,000, $8,000 and $9,000 for entertainment. Based on his recollection of problems the Chief of Police reported, the establishments that have entertainment and dancing were costing much more than $1,000 additionally per year. The fees for the liquor on-sale club FRIDLEY CITY COUNCIL MEETING NIINUTES OF FEBRUARY 23, 2004 PAGE 19 were based on the number of inembers, but there was no additional fee if they had entertainment. He asked if they should revisit this issue and slightly lower the costs for those esta.blishments that did not have entertainxnent and establishing an entertainment fee that would be applicable not only to on-sale but also to the clubs. Mr. Pribyl said they would work with that. - Councilmember Billings said what was happening was a restaurant that closed at 11:00 p.m. at - night was picking up through the fees some of the costs of an establishment opened later. He asked if the fees should be amended so that the on-sale liquor license fee reflected what was � actually happening. Mayor Lund asked if the fees were mandated by State Statute. Mr. Pribyl said they were not but there was a"not to exceed" number. Mayor Lund asked if the amounts were proportionate to the caps in the State Sta.tute. Mr. Pribyl said he did not recall exactly but they were out of the State Statutes. The amounts had not been increased for a while. He said they would be looking at the amounts. Councilmember Billings said he did not know if they should ask the other on-sale liquor esta.blishments there were not staying open that late at night to subsidize the on-sale establishments or clubs that were. He thought there should be multiple fees for the on-sale depending on size, multiple fees for clubs depending on the size and membership but then to have an entertainment license fee to cover the additional costs. Councilmember Bolkcom asked how entertainment was defined. Mr. Pribyl said he needed to take a look at it. Councilmember Billings said that the chapter only addressed the fees and the particular chapters would indicate the definitions and other information. MOTION by Councilmember Bolkcom to waive the reading and approve the ordinance on first reading including correction of typographical errors, changes and clariiication of items that were discussed and identified. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 7, FIRST READING OF AN ORDINANCE AMENDING THE FRIDLEY CITY CODE CHAPTER 206 BUILDING CODE ADOPTING THE 2001 STATE BUILDING CODE. Councilmember Bolkcom asked for a clarification of the third paragraph on Page 40. FRIDLEY CITY COUNCIL MEETING MINUTES OF FEBRUARY 23 2004 PAGE 20 Mr. Scott Hickok, Community Development Director, said the State Mechanical Code now required that there be a new minimum fee for mechanical, but if the device itself and the installation cost was less than $500, the fee shall not be more than $15. Councilmember Bolkcom asked that the third pazagraph under State Rules, Chapter 1306, on Page 40 be explained. Mr. Hickok said the paragraph referred to sprinkler provisions of the code and how it related to the - building fees. As Council adopted the new international code, they needed to recognize that they were adopting a new Chapter 1306 with a couple modifications. They had a choice of selecting ' Subpart 2 or Subpart 3. Each required automatic sprinkle systems in new buildings. Subpart 2 J required that a sprinkler be installed in the new addition of the building only. Subpart 3 required that the original building and the new addition be sprinklered. It was staffs' recommendation that Council select Subpart 3. Councilmember Bolkcom said on Page 51 under water usage, it read metered and $1.25. She asked if that was the new change. Mr. Hickok said that $1.25 was the new language. Councilmember Billings said immediately above that line on Page 51 it read, ". .. City does not supply hose or" and the word equipment was stricken. Mr. Hickok said the "or" should have been stricken a1so. Councilmember Bolkcom said on Page 55 under "specific trades licensed," would she need a license if she was a painter. � Mr. Hickok said she would not for a painting contractor for construction. Councilmember Bolkcom sa,id that on Page 56, Item 13, if someone was licensed by the State, they would not need to obtain a license from the City. Mr. Hickok said they would need to provide proof and have satisfactory Worker's Compensation and public liability insurance coverage. Mayor Lund said on the first line of page 53, "forty-seven" should read "fifty." Mr. Hickok agreed. Mayor Lund said on Page 56 near the bottom under Item 2, Deposit — Required, Subsection A, the amount required was $200. He thought that amount was low. Mr. Haukaas said cash deposits were the responsibility of the homeowner and they were not sure they wanted to get into that. FRIDLEY CITY COUNCIL MEETING MINUTES OF FEBRUARY 23. 2004 PAGE 21 Mayor Lund said he thought the amount was too low. In other communities, it was higher. Mr. Haukaas said depending on the type of work, if it went into the street, the City charged a street restoration fee. That would be separate. Mr. Hickok said there were bonds on multi-family, commercial and industrial properties that cover costs of site improvement. Mayor Lund said the section on Page 57, under Section 206.09.3 called "Trailer Prohibitions" was ' old language. He said on Page 58, in the first line at the top of the page, it mentioned the hours for � Saturdays and legal holidays but a couple of lines down it said it was unlawful to work on any legal holiday. Mr. Hickok said they were not allowed to work on legal holidays. He said the language would be corrected. Councilmember Billings asked where legal holidays were defined. Mr. Hickok said there was a list of legal holidays defined in the sta.tutes. MOTION by Councilmember Bolkcom to waive the reading and approve the ordinance on first reading with the changes that were discussed. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 18. INFORMAL STATUS REPORT. Councilmember Bolkcom said she attended the Lions 50�' anniversary party. She congratulated the Lions on their 50 years of service. Mayor Lund thanked the Fridley Middle School staff, students and volunteers for the great job they did on the StarGazers program. Mayor Lund said the Empty Bowls for SACCA would be held Thursday, March 11, 2004, at the Fridley Community Center from 4:30 p.m. to 7:30 p.m. Mr. Scott Hickok, Community Development Director, said the North Metro Home and Garden Fair would be held on Saturday, March 6, 2004, from 9:00 a.m. to 2:00 p.m. at the Mounds View Community Center. FRIDLEY CITY COUNCIL MEETING MINUTES OF FEBRUARY 23 2004 PAGE 22 ADJOURNMENT: MOTION by Councilmember Barnette to adjourn the City Council meeting. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING WAS ADJOURNED. Respectfully submitted, Roberta S. Collins Scott J. Lund � Secretary Mayor � CITY OF FRIDLEY CITY COUNCIL MEETING MINUTES MARCH 8, 2004 The regular meeting of the Fridley City Council was called to order by Mayor Lund at 7:30 p.m. PLEDGE OF ALLEGIANCE: Mayor Lund led the Council and audience in the Pledge of Allegiance to the Flag. -- MEMBERS PRESENT: Mayor Lund, Councilmember Barnette, Councilmember Billings, Councilmember Wolfe, Councilmember Bolkcom. MEMBERS ABSENT: None APPROVAL OF THE PROPOSED CONSENT AGENDA: City Manager Burns reviewed the items on the consent agenda. APPROVAL OF MINUTES: City Council Meeting of February 9, 2004. APPROVED. OLD BUSINESS: 1. Second readinp of an ordinance amendina Fridlev Citv Code, Chapter 11. Fees. Mr. Burns stated we have corrected typos identified at the February 23 meeting. We are also suggesting that the wording on fees for auctions be changed to read $30.00 for one week or $150.00 for one year. We have also reexamined liquor license costs as suggested by Councilmember Billings. We recommend that these be left as proposed. In general, fees have been raised to reflect the cost of providing services and include a significant increase in many of the city's land use application fees. • Special Use Permit fees have been raised from $400 to $1,500. • Vacations are raised from $250 to $1,250. • Lot splits are raised from $250 to $1,250. • Zoning text amendments are raised from $300 to $1,500. The amendments also raise rental property licensing and inspection fees. • The license for a single unit would be raised from $27.50 to $41.25. • The license for five or more units would increase from $110 to $165. • The license for each additional unit above five units would increase from $5.50 to $8.25. FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 8. 2004 PAGE 2 Staff is recommending Council's approval of the second and final reading of this ordinance. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 2. Second readinu of an ordinance amendinq Chapter 402, Water and Sewer Administration of the Fridlev Ciiv Code. Mr. Burns stated the typos ident�ed at the last meeting have been corrected. The amendments include three main changes. • It establishes that the property owner is responsible for repairs to the portion of the water and sewer services that lie befinreen the property lines and the main in the street. • It replaces water meter purchases by new customers with a new customer set-up fee. • It establishes that the city would install an automated meter reading device for customers who have not returned their meter readings for four consecutive quarters. Additionally, we would charge a$50 a month penalty until such time as the customer allows us entry to install the new meter. Staff recommends approval of the second and final reading of this ordinance. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 3. Ordinance No. 1190 amendinct Chapter 206. Buildina Code. adoatina the 2001 Minnesota State Buildina Code; and Approve Official Title and Summarv Ordinance. Mr. Burns stated this ordinance adopts the new state building code that was adopted by the legislature in 2003. The state code adopts the International Building Code and the National Electric Code and numerous other state code items. The ordinance includes both the new code and the new fee structure. The corrections suggested at the last meeting have been made. Staff recommends approval of the second and final reading of this ordinance. WAIVED THE READING OF THE PUBLIC HEARING NOTICE AND ADOPTED ORDINANCE NO. 1190 ON THE SECOND READING AND ORDERED PUBLICATION. NEW BUSINESS: 4. Receive the minutes of the Planninq Commission meetina of Februarv 18. 2004. RECEIVED. 5. Receive the minutes of the Aapeals Commission meetina of Februarv 25. 2004. RECEIVED. FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 8. 2004 PAGE 3 6. Resolution No 2004-20 schedulina a Public Hearina for March 29, 2004, to amend Section 7 02 of the Fridlev Citv Charter bv Ordinance as recommended bv the Charter Commission. Mr. Burns, City Manager, explained on March 1, 2004, the Fridley Charter Commission approved the amendment to the Fridley City Charter that removes utility and recycling fees from the list of items subject to indexing. (Tied to the consumer price index.) - Reasons for the proposed change: many of these costs are passed through by outside " agencies. Those who were responsible for the Charter amendment in 2000 did not intend to include pass-through charges. The Charter restrictions have created a very - cumbersome and expensive process. Not only are we subject to pass-through costs, many costs are dictated by federal and state mandate. The resolution establishes March 29 as the public hearing date on the proposed amendment. The first reading on the ordinance would be April 12. Staff is recommending approval of the establishment of the hearing. ADOPTED RESOLUTION NO. 2004-20. 7. Resolution No 2004-21 in support of an application for a Minnesota Lawful Gamblina Premise Permit Renewal Application for the Italian American Club Foundation located at Main Event, 7820 Universitv Avenue NE (Ward 31. Mr. Burns, City Manager, stated the renewal will run from July 1, 2004, through June 30, 2006. Staff is recommending Council's approval. ADOPTED RESOLUTION NO. 2004-21. 8. Resolution No 2004-22 in support of an aaplication for a Minnesota Lawful Gamblina Premise Permit for Kniahts of Columbus, 6831 Hiahwav 65 NE (Ward � Mr. Burns, City Manager, explained the permit will allow the sale of pull-tabs, the operation of bingo, and other gambling activities allowed by law for clubs in Minnesota. The renewal period runs from July 1, 2004 through June 30, 2006. Staff is recommending Council's approval. ADOPTED RESOLUTION NO. 2004-22. 9. Resolution No 2004-23 in support of an application for a Minnesota Lawful Gamblinq Premises permit for Fridlev VFW, Post 363, 1040 Osborne Road NE Ward 2 . Mr. Burns, City Manager, stated the permit will allow charitable gambling activities at this facility. The new permit will run from March 1, 2004 to February 28, 2006. Staff is recommending Council's approval. FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 8. 2004 PAGE 4 ADOPTED RESOLUTION NO. 2004-23. 10. Resolution No. 2004-24 supportina leqislation to provide improved fundinq options for citV street improvements. Mr. Burns, City Manger, explained the legislation enabled cities to adopt small annual fees that will be paid by property owners to support the upgrading of City streets. Staff is recommending Council's approval. ADOPTED RESOLUTION NO. 2004-24. 11. Approve dedication of street easement for 69�' Avenue NE. Mr. Bums, City Manager, explained we discovered that the city never dedicated an easement for the loop-back portion of 69�' Avenue. This is being done in conjunction with some signal improvements on 69th and University. This dedication allows us to move forward with signal improvements at the intersection of 69�' Avenue and University. Staff is recommending Council's approval. APPROVED. 12. Resolution No. 2004-25 authorizinq Aareement No. 86310R with the Minnesota Department of Transportation for the replacement of the Traffic Control Svstem on T.H. 47 (Universitv Avenue) at 69 Avenue. Mr. Burns, City Manager, said the agreement defines the scope of work and identifies the Fridley share of the cost at $18,846. The amount for upgrading these signals will include new emergency vehicle preemption equipment, a signal inter-connect, and internal illuminated street name signs. State aid money will be used to cover our share of these costs. Staff is recommending Council's approval. ADOPTED RESOLUTION NO. 2004-25. 13. Approve Chanpe Order No. 3 to 2003 Street Imarovement Proiect No. ST.2003-1. Mr. Burns, City Manager, stated the change order is for $5,492.42 which covers the following: 1. Repair deteriorated sewer structures; 2. Grind roots; 3. Adjust and sawcut manholes; 4. Special concrete catch basin structure on Fillmore Street; and 5. Street patched on Fillmore Street. Staff is recommending Council's approval. APPROVED. 14. Receive bids and award contract for the sanitarv and storm sewer linina proiect No. 354. � FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 8. 2004 PAGE 5 Mr. Bums, City Manager, stated that bids for this work were received on February 18, 2004, from five vendors. The work includes lining the last section of corrugated sanitary sewer that runs from Hwy. 65 along West Moore Lake Drive to Marigold Terrace, Monroe Street, across the southern portion of the little league fields to 58th Avenue. The storm sewer portion of the project involves lining and joint-sealing the portion of 36 inch storm sewer along 75�h Avenue befinreen Hayes and Arthur Streets. The cost of the sanitary sewer work is $62,645. The cost for the storm sewer work is $39,933. The low - bidder is Michels Pipeline Construction of Burnsville in the amount of $102,578. Staff recommends Council award the bid to Michel's Pipeline Construction. AWARDED BID TO MICHELS PIPELINE CONSTRUCTION IN THE AMOUNT OF $102,578. 15. Appointment of Utilitv Billina Clerk. Staff recommends the appointment of Sandra Hara as Utility Billing Clerk. APPOINTED SANDI HARA AS UTILITY BILLING CLERK. 16. Claims. APPROVED CLAIM NOS.115490 THROUGH 115692. 17. Licenses. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. ADOPTION OF CONSENT AGENDA: Mr. Burns, City Manger, recommended approval of the consent agenda. MOTION by Councilmember Bolkcom, seconded by Councilmember Wolfe to remove Items 1 and 2 from the agenda. MOTION by Councilmember Barnette, seconded by Councilmember Wolfe, to adopt the consent agenda with the removal of Items 1 and 2 to the regular agenda. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF AGENDA: MOTION by Councilmember Bolkcom, seconded by Councilmember Wolfe, to adopt the agenda with the addition of Items 1 and 2. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM (VISITORS): Consideration of items not on the agenda. FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 8. 2004 PAGE 6 Hearing none, Mayor Lund introduced the new recording secretary, Rebecca Brazys. PUBLIC HEARINGS: 18. Special Use Permit Request, SP #04-02. bv Kevin and Paulette Holman to construct a detached qaraae in the rear vard which is located in a Flood Frinae Dict�ir_t_ nanEa�allv Inr_a+rarl �+ �71 _ 7Q W�v 1►IG /W��I 41 19. Variance Reauest, VAR #04-01, bv Kevin and Paulette Holman to increase the Maximum Size of a First Accessorv Structure from 1.000 sauare feet to 1 168 square feet, and to allow the accessorv structure to exceed 100% of the first _ floor_area of a dwellinq unit, to allow the construction of a 1 168 square foot detached aaraae in the rear vard_ apnprallv Inr_atprl at �7� _ 7a w�., n�G Ward 3 . Mr. Hickok, Community Development Director, reviewed the above petitions explaining they were seeking a special use permit to build a detached garage in a flood fringe district. No structu�es can be constructed in this district without a Special Use Permit. The garage will be constructed in the northeast corner of the lot. Planning Commission reviewed and recommended approval of SP #04-02 with stipulations. The Appeals Commission recommended approval to increase the size of the detached garage with stipulations. However, the Appeals Commission recommended denial of the second variance as no similar variances have been granted in the past and there's no undue hardship that would warrant that additional 50 square feet. That is staff's recommendation as well, to approve the special use permit and to approve the first of the two variances, but to deny the variance that would allow the garage to be 50 square feet larger than the first floor living area of the home. Paulette Holman, 571 — 79th Way N.E., explained they are requesting the additional 50 feet on the garage so they can get rid of a storage shed on their property. The increase in size will allow enough room for lawn equipment that is currently being stored outside and will allow them to store items that cannot be stored in their basement due to the flooding concerns. This will be a two-car garage and the additional section will be for all their storage. Councilmember Bolkcom asked if the boat that is currently sitting on the property will be stored in the new garage. Ms. Holman responded that it will still be stored along side the house. Councilmember Bolkcom asked if anything has changed in the past couple of years as to how the City is handling the flooding issue. Mr. Haukaas, Public Works Director, explained there are better controls in place; a higher road was installed, storm water ponding was created, a flood gate was put in and we have a grant for a higher volume pump. We feel this does provide adequate capacity to prevent serious damage to the homes in the area, but they cannot guarantee there will be no flooding. FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 8. 2004 PAGE 7 Councilmember Bolkcom asked if there could be flooding in the area of the proposed garage. Mr. Haukaas stated if the water came up that high it could affect the garage. But there are requirements for flood-proofing of the structure and the elevation of the garage would be much higher than the basement floor elevation. Councilmember Bolkcom stated approving the second variance is a concern because it - could set a precedent and the City would be faced with other such variance requests. ' The fact that the boat would continue to be stored outside is also a concem. - Councilmember Wolfe commented that the fact that the petitioner is unable to store personal items in the basement because of the flooding hazards creates a hardship. Councilmember Bolkcom asked if staff has heard from any of the neighbors regarding this matter. Mr. Hickok replied staff heard from one neighbor who is afraid the garage will become the site of a home occupation. The petitioner has assured the City that it will not be put to such use. Ms. Holman explained they do own a business but it is operated out of an office on University Avenue. Councilmember Barnette pointed out a letter from neighbors Patty and Jake Bozony supporting this proposal. Mayor Lund questioned if the petitioners had taken into account the available storage space in the garage attic. Ms. Holman responded they are aware they can store in the rafters and in the eaves, but that area is difficult to get to. Mayor Lund asked if the 50 foot addition is important. Ms. Holman replied that they will still build the garage, but will also have to build another shed. They would prefer to have all the storage in one area. She added they have been in this house for 16 years and have been flooded twice. The flooding remains a problem even after the work done by the City. Mr. Hickok explained that the petitioner could still build a good size storage shed in addition to the garage and remain within the requirements of the ordinance. Councilmember Bolkcom asked if Council could stipulate that no additional sheds be built on the property if the second variance is approved. Attomey Knaak stated Council could impose that as a part of the approval. He recommended Council state the specific details of the hardship to avoid setting a precedent. FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 8 2004 PAGE 8 Councilmember Barnette asked if the petitioner would agree with limiting additional sheds. Ms. Holman replied she would prefer to discuss this with her husband and would have to reach him by phone. MOTION by Councilmember Bolkcom, seconded by Councilmember Barnette to table Special Use Permit Request, SP #04-02. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Bolkcom, seconded by Councilmember Barnette to table Variance Request, VAR #04-01. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 20. Special Use Permit Repuest. SP #04-01, bv Sprina Lake Park School District to use the qropertv as a classroom for the Life Skills Proqram qenerallv located at 7517 Fourth Street NE (Vllard 1). Mr. Hickok, Community Development Director, stated the property is zoned single family residential. Private schools are permitted in this district with a special use permit. Public schools are permitted by right. Spring Lake Park School District committed to going through with the special use permit process so it can ensure neighborhood compatibility. A private party owns the party and the school district will rent the property from those owners. At the February 18 Planning Commission meeting, a public hearing was held and after a lengthy discussion, the Planning Commission recommended approval of Special Use Permit SP #04-01 with stipulations. The motion failed to carry on a 4— 3 vote. The Planning Commission then moved to recommend denial and the motion was approved on a 4— 3 vote. The staff recommends approval of this petition with twelve stipulations. Councilmember Billings asked if it is correct that the school district does not have to go through this process. Mr. Hickok explained that public schools, by virtue of being there, make the property public and could be there by right. Councilmember Billings asked if there are other facilities similar to this in the City and whether there have been any complaints. Mr. Hickok stated Fridley School District does have a similar facility near I-694 off Seventh Street. There have been no complaints in the two years it has been operating. Frank Herman, director of the Learning Alternative Program for the Spring Lake Park School District, explained this property will be used by young adults, ages 18 to 21, to transition them into independent living. FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 8. 2004 PAGE 9 Karen Schaab, representing Spring Lake Park Schools, stated these students will be good neighbors. There will be no overnight use of the house, and the school year is only 170 days of the year. Mr. Herman added that the students will be on the property from 7:30 a.m. to 2:15 p.m. Most students will ride a school bus to and from the site and a few students are transported by their parents. He also stated that many students are in the work program and will be transported to their job by the school. Those students who drive will park at - the school and then be transported to this property by bus. He explained it is difficult to � teach living skills in a school classroom. They want the students to learn how to function in a community. Ms. Schaab explained there may be an occasional evening open house on this site. Mayor Lund asked if the students are being transported by an adult or staff member because of their vulnerability and that there are fewer problems with these students than with normal teenagers. Mr. Herman agreed. Gregory Zelenak, 7526 Fourth Street N.E., stated there are inconsistencies with this special use permit. He also stated the property will be owned by the spouse of one of the Spring Lake Park teachers and questioned if this is a conflict of interest. He also questioned why a school classroom cannot be used for this program. Ken Christiansen, 7525 Fourth Street N.E., stated these children are considered to be alternative students and questioned why they cannot stay where they are. The district has not furnished these students with what they need. It is the district's responsibility based on a law called IDEA that they teach these kids through age 21. The state has stated that these students should stay mainstreamed. It is not the choice of some educators at the school to leave the school building and start a school in a separate area. He asked if the home meets fire code and safety requirements. This house does not have the same fire protection as a school does. He asked who is responsible for the insurance on this home. None of the neighbors he contacted were in favor of this proposal. Karen Evans, 7558 Fourth Street N.E., stated a women's half-way house and a transitional home were in their small neighborhood. She stated she has lived there many years and it feels like the City thinks it's OK to put anything in this area. She added she is not opposed to these children having an education, but we do have a school with all the facilities they need. Don Anderson, 7304 West Circle N.E., explained that he had been a student in this program and he thinks it is good for these students to have an opportunity to learn in an actual home. He also stated he has many friends currently in the program and there have been no problems. Flo Jackson, a teacher for the transitional program, stated her students have already been through the high school program. They need a different type of setting to learn skills where they are going to use them. She stated that federal law mandates that school districts provide transitional students with this training. They are trying to move FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 8, 2004 PAGE 10 the students into the community. Home living skills are difficult to teach when you are not in a home. This property will not be a separate school as it will be a part of the Spring Lake Park schools. These students are young adults with disabilities who have faced more adversities and personal struggles than most people, but they still have dreams. Pat Johnson, teacher for the Fridley Transitional Program, stated they have had a similar program in a home in Fridley for two years. They have seen great gains among their students in home living and being a part of the community. `_ Mayor Lund asked Ms. Johnson to clarify the difference befinreen transitional students _ and alternative students. __ Ms. Johnson explained that transitional students have a lower IQ. Alternative students generally have a typical intelfigence but have behavior issues that are interFering with their school accomplishment. She added that the ratio of students to staff is considerably higher with transitional students than in the alternative program. Councilmember Bolkcom asked if one of the reasons for using an actual home is that these students will eventually be living in a group home. Ms. Johnson replied that this type of program enables transition students to learn the skills necessary to eventually live either in a group home or possibly on their own after they are 21. These students need to be trained to do things most of us take for granted. Councilmember Barnette asked if there have been any complaints from the neighbors around the home currently used by Ms. Johnson's program. Ms. Johnson stated there have been no complaints. In fact, the neighbors wave and greet the students. She added her students are good neighbors and even take walks to pick up litter in the neighborhood. Councilmember Wolfe asked if this home will be an added expense to the Spring Lake Park schools. Ms. Johnson replied that the district is required to provide free public education for these students until they reach the age of 21. Councilmember Billings asked Ms. Johnson to address wha# appears to be the neighbors' fearFulness of these students. Ms. Johnson stated these students are considered vulnerable and would be more likely to be taken advantage of. John Kvidera, 11475 Kenyon Court, explained that he had the opportunity to work in a building that housed special needs students and had approached the job with some concern. But he was immediately approached by one of the students who gave him a hug. He also stated these students will take better care of the property than anyone else because that is what they are learning to do. FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 8, 2004 PAGE 11 Mark Mattison stated he has also worked with special needs students in the past. He stated these students should not be feared as they are loving people. He also stated he hoped the Council would approve this request. Virgil Okeson, 1423 — 64th Avenue N.E., stated that we need to support this program because the young people need this. He does not think we can provide this type of education from a school setting. The students need to be given the opportunity to function as normal adults as soon as they can. ' Leslie Coyle, 6271 Sixth Street N.E., stated he has a granddaughter who has Down's syndrome, and has met a lot of the students in this program. He stated the teachers are - very good and the students are great kids. He also stated when the neighbors get to know the students; they will love having them in the neighborhood. Jean Coyle, 6271 Sixth Street N.E., spoke in support of this proposal stating her granddaughter has had positive experiences with the transitional teachers and the work program. Mr. Christiansen wanted to make it clear he is not speaking against the kids but that he does have some concerns about the proposal. Mayor Lund stated it is important to have these kids transition from academics so they can mainstream into a neighborhood. Mr. Hickok said the proposed special use permit request has been reviewed by the fire marshal and the building official. This home does not require sprinkling. He added there is a stipulation about fire protection and the fire marshal asked for a fire alert indicator in the security system in the house to ensure an emergency response for those hours when the house is unoccupied. Other than that, this will be treated as a single family house and the proposed occupancy does not warrant modifications. Mr. Christiansen said this matter should be brought before the people of School District 16. Councilmember Barnette commented there are all sorts of school programs that are conducted outside of school buildings and those costs are built into the school budget. He stated the transitional program is essential. City Attorney Knaak responded to the comments about a conflict of interest stating he is not aware of the terms of the lease and added that this is not an area of concern for the City Council. He stated there is nothing to suggest any exceptions of the fire code for this proposal, the owner and School District will have to work out the insurance for the home, and the School District is responsible for the staff and students. The landlord will have responsibilities as well. Councilmember Bolkcom pointed out that Stipulation #4 restricts the activities on this property to the hours of 7:00 a.m. to 3:00 p.m. There was some discussion about the fact that staff may be working as late as 5:00 p.m. and that there will be an occasional open house in the evening. FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 8. 2004 PAGE 12 Councilmember Billings asked if the Spring Lake Park School Superintendent is aware of this proposal. Mr. Herman responded that the Superintendent and the School Board are aware. Councilmember Billings questioned if it would be a problem to limit the number of students enrolled in this program to 12 students. Ms. Jackson explained that there should never be more than 10 to 12 students in the - house at any one time. The district cannot predict, however, how many students may be ' in the program in the future so limiting the number would be a problem. Mr. Hickok said that as long as the students will not be living on the property, we cannot limit the number. Tom Myhra, 6360 Able Street N.E., asked if this program will be for Spring Lake Park students only. Ms. Schaab responded that only students registered with Spring Lake Park schools can participate. Councilmember Billings asked if the open enrollment regulations apply to this program. Ms. Schaab stated it probably would but most transitional students stay with the program they started with rather than transfer into a new program. MOTION by Councilmember Billings, seconded by Councilmember Bolkcom, to approve SP #04-01 with the following finrelve stipulations: 1. Petitioner shall meet all building code and accessibility code requirements prior to the house being used for the Life Skills program. 2. Parking shall be limited to staff only, no students shall be allowed to drive to the property. 3. School district policies and procedures for loitering, smoking, etc., shall be enforced on the property and adjacent right-of-ways. 4. Use of the property for school activities will be restricted to 7:00 a.m. to 3:00 p.m. 5. Use of the property for school activities will follow the District 16 calendar for the days classes will be in session. ' 6. Property shall be property maintained. _ 7. A security system with an automatic fire detection system shall be installed in the home to reduce the risk of trespassers or catastrophe. 8. The accessory structure shall be architecturally compatible with existing home and finished with complementary siding, color scheme, roof pitch, and roofing materials. 10. The petitioner shall flood-proof the garage in accordan e with current Federal and State flood-proofing requirements to a minimum of the 100-year flood elevation. 11. Retaining wall needs to be approved by the City's e gineering staff prior to construction and will require a separate building permit. 12. Driveway shall meet code requirements and be 3 feet f om all property lines or written approval from neighboring property owners must e filed with the City. __ MOTION by Councilmember Billings, seconded by Councilme ber Bolkcom to amend Stipulation No. 4 to strike the word "school" and insert "stude ts' instruction" and add that the use of the property for non-student activities, such as conferences, be limited from 7:00 a.m. to 8:00 p.m. 18. 19 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR L�ND DECLARED THE AMENDMENT TO STIPULATION NO. 4 CARRIED UNANIMO SLY. Councilmember Billings thanked everyone who appeared and tated that he wanted it clearly understood that the school could have started these ctivities without Council approval. He said it is important for these students to be traine in the ways of life and he is confident that the neighbors will find the school and the s udents to be very good neighbors. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND TO APPROVE SP #04-01 CARRIED UNANIMOUSLY. 1� in _ MOTION by Councilmember Bolkcom, seconded by Council Special Use Permit Request, SP #04-02 and Variance Requ table. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND CARRIED UNANIMOUSLY. D THE MOTION 1 iber Wolfe, to remove VAR #04-01, from the D THE MOTION Councilmember Bolkcom asked if the petitioners agree with t e proposed stipulations that no other shed shall be built on the property, that the curren shed shall be removed, and that no storage shall be non-home business related or for c mmercial business. Kevin and Paulette Holman stated they agreed with the FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 8. 2004 PAGE 14 MOTION by Councilmember Bolkcom, seconded by Councilmember Woife, to approve Variance Request, VAR #04-01, with the following stipulations: 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 shall not exceed 1,400 square feet. 4. The accessory structure shall be architecturally compatible with existing home and finished with complementary siding, color scheme, roof pitch, and roofing - materials. - 5. All vehicles shall be stored on a hard surface driveway as approved by the City. 6. Driveway shall meet the code requirements and be 3 feet from all property lines __ or written approval from neighboring property owners must be filed with the City MOTION by Councilmember Bolkcom, seconded by Councilmember Barnette, to add two stipulations that no other shed or other accessory structure other than the proposed garage shall be permitted or constructed on the property and that there shall be no storage of non-home business-related purposes. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION TO APPROVE VARIANCE #04-01 CARRIED UNANIMOUSLY. PUBLIC HEARING 21. Consideration of a Rezonina Reauest. ZOA #04-01, bv John DeMello, Profitmax, Inc.. to rezone multiple properties from C-1, Local Business. C-2, General Business, and R-1, Sinqle Familv Residential. to S-2, Redevelopment District, for the purpose of redevelopment to allow for a senior housina develoament and a Block 1, Sprinq Vallev Addition (Ward 2). MOTION by Councilmember Wolfe, seconded by Councilmember Barnette, to waive the reading and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED. Mr. Hickok, Community Development Director, stated the petitioner is requesting rezoning to S-2 in order to develop senior owner-occupied condominiums and a retail area on the southeast corner of Old Central and Mississippi Street. A 13,420 square foot retail complex will occupy the northern parcel and the southern parcel will be used for the construction of 71 senior condominiums. The retail area will take access both from Old Central and Mississippi Street. The 71 unit condominium building will take up approximately finro-thirds of the site down to 64�' Avenue on the south. This property currently has a mixture of zoning; starting at Mississippi and Old Central there are two parcels that are zoned C-2, General Business. Just to the east of that is a property labeled 1340 Mississippi zoned R-1, Single Family. South of those commercial and � � FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 8. 2004 _ PAGE 15 single-family sites, there is finro properties, 6441 and 6421 Old Central zoned C-1 and R-1. 6401 is C-1 also and the properties to the east are R-1. Rezoning to S-2 states that the site be developed in accordance with a master plan for the site. Once approved, any modifications of the site plan will require Council approval. In order for a rezoning to be viewed favorably, it must be in line with the City's Comprehensive Plan. This proposal meets several of the requirements identified in the Comprehensive Plan. This property is approximately 2.68 acres in size. The preliminary plat meets all of the plat requirements and the Fridley Housing and Redevelopment Authority reviewed and concurred with the master plan as submitted at their March 4 meeting. Early discussions with Anoka County indicated that additional right-of-way on Old Central and Mississippi Street would be required in order to obtain a 120 foot wide right-of-way for future expansion. Based on the preliminary Anoka County Highway Department comments, the petitioner has done the following: they have shown the right-of-way dedication needed and moved access points to line up with the development across Old Central. The City sent a copy of the plans to Anoka County Highway Department on January 20. Late last Friday, the City received their comments which include the request to have all access to this development placed on 64th Avenue. They would like to remove access from the retail portion from Old Central. At this time, these are recommendations from Anoka County and not requirements. Staff recommends access remains on Old Central and not on 64�' Avenue to minimize traffic impact to the surrounding residential neighborhood. On February 18 the Planning Commission approved both requests on a 6 to 1 vote. Staff recommends that Rezoning Request, ZOA #04-01, and the accompanying site plan for the senior building and retail complex be approved with the stipulations as stated. This proposed rezoning is consistent with the Comprehensive Plan, provides housing opportunities for seniors, provides new retail opportunities in Fridley, and provides additional job opportunities in Fridley. Staff also recommends approval of Preliminary Plat, PS #04-01, with the outlined stipulations. This plat does meet or exceed all plat requirements for the City of Fridley. Councilmember Wolfe questioned if the Comprehensive Plan states that the City will not drastically change the character of a neighborhood. Mr. Hickok, said in so many words, it did. It talks about keeping neighborhoods in tact and preserving the housing stock in neighborhoods. It recognized that we have a good housing stock in Fridley and suggested that we work to preserve that stock. What the Comprehensive Plan does is suggest that the modifications be integrated so that the neighborhood and a new development can coexist. Councilmember Wolfe questioned if the association of this proposed development can change association fees without Council's approval. He was concerned that the fees would be raised if the units do not sell or possibly the unsold units would be rented rather than sold. City Attorney Knaak said that is possible, but usually you need the unanimous consent of all the mortgage holders for all the parcels. He said that is extremely difficult and nearly impossible to do. Councilmember Barnette asked if the master plan is not met and the development does not occur, would the zoning revert to the current zoning. FRID_LEY CITY COUNCIL MEETING MINUTES OF MARCH 8. 2004 PAGE 16 Mr. Hickok replied that Council is rezoning to S-2 with a master plan as presented. The zoning would be S-2 at that point. If another developer became involved, the property retains the S-2 zoning. Any other master plan proposed for this site would have to come back before the Council for approval. Councilmember Billings stated that no matter who builds on this site, it has to look exactly like the master plan presented and approved by the Council. Mr. Hickok stated that is correct. � Councilmember Billings stated he received several phone calls about this proposal and he wants it clear that he has not made any decision on this project. Another caller __ questioned the number of senior housing units the City is mandated to have. Mr. Hickok explained the City is not mandated to have a certain number of senior housing. Their recommendation is based on a need for senior housing, not an imposed number. The developer of this property and the property across the street did an independent analysis of what kind of market there is for senior housing and it was determined that the number of units proposed for this property and the development across the street do not meet that number. Councilmember Billings asked if there are height restrictions in an R-3 district. Mr. Hickok responded that there are. He pointed out that the height is determined by setback. Generally the front yard on a corner lot is the narrowest lot dimension. The residential lot front yard would be considered 64�' Avenue, regardless of how the building is situated. 64th meets the front setbacks for an R-3 district in that it is over 35 feet back. This is important because Councilmember Billings' question about height has a caveat that says that if a building is going to be 45 feet or less there are no additional setbacks from the property line. At mid-span, the building is 45 feet high. This is an area where some folks have expressed concern, but we have taken this through all the formulas and it is within the qualifying measurements. Councilmember Billings asked if the ground along 64th is relatively the same in height in comparison to the first floor. Mr. Hickok stated there is some grading and ponding south of the building along 64�' Avenue, then the earth is bermed up to hold the edge of the pond between the building and the pond and there are contours going down to the base of the building. Councilmember Billings asked if this were in an R-3 district would the setbacks be the same as what they are for the residential structure in the S-2. Mr. Hickok replied yes, with one exception. The side yard on the east side of the building is 18 feet and it could be 15 feet. Also the building pulls away to create a much greater distance between the adjoining properties. The S-2 district allows latitude and flexibility to make variations in the development. It comes closer to its own commercial building than R-3 would typically allow, but all other setbacks are the same as R-3 requirements. FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 8. 2004 PAGE 17 Councilmember Billings asked if the developer is unable to finish the project, what financial obligation does the City have to complete the project. Mr. Hickok stated the City would have no obligation. The future developer or the bank would have interest in this property because there has been a master plan approved and the expectation is that the buildings would be built to that master plan. Councilmember Billings asked how the setback requirements on this site compare to the - setback requirements on the property immediately west across Old Central. He aside if - they were concerned about litigation from that project because something different was being done. Mr. Hickok explained the S-2 zoning on both sides of the road has its own built-in flexibilities. Councilmember Bolkcom asked if any reports had been received from the Rice Creek Watershed District regarding this development. Mr. Hickok said it was determined that this is a wetland site that is less than the minimum threshold necessary for mitigation. What that means is that when a wetland is below a square foot dimension it does not require protection. This site is eligible for an exemption letter based on the wetland that was determined there. We do not yet have the letter of exemption from the State. We have a verbal statement from the consultant and the Rice Creek Watershed District, but not the actual letter of exemption. Based on that determination, no changes will be required in the site plan. Mr. Haukaas, Public Works Director, explained that the Rice Creek Watershed District has jurisdiction. Because of the size of this development, they are required to submit storm water calculations to the Rice Creek Watershed for their approval for storm water management. Rice Creek Watershed District is probably one of the strictest districts in the metro area and he is very comfortable with what they have done. He is still awaiting their final approval, but it does take into account the change in land use. They do deal with the amount of impervious su�face, the amount of run-off, and the speed of the run- off. The drainage across the site had to be developed in such a way as to meet those rules and not impact downstream. Councilmember Bolkcom stated drainage concerns came up at the Planning Commission meeting. She asked if Mr. Haukaas is concerned about the drainage on this site. Mr. Haukaas said there are drainage issues to the south of 64�' Avenue. Other storm water issues in the area would not be related to this site because all the drainage for this site must be dealt with on this site. Mayor Lund asked if soil correction on the site would displace any ground water. Mr. Haukaas responded that should not be an issue. They are looking at doing some soil corrections. The area around this in general is either peat or sandy clay and is not the type that will confine a lot of water. FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 8, 2004 PAGE 18 Councilmember Bolkcom asked if it is Council's responsibility to consider the financial stability of the petitioner. City Attorney Knaak responded that the City does not have an obligation to go into the developer's financial stability in a rezoning case. Councilmember Bolkcom questioned what would prevent someone from going into any area of the City and proposing a redevelopment such as this. Mr. Hickok suggested that if an area is zoned residential and has not been identified by the Comprehensive Plan as a redevelopment area, the likelihood of such a proposal is _ not as great. The property in this petition was identified as a redevelopment area. One _- of the first tests we put rezonings through is what is the surrounding zoning and is the proposed zoning compatible with the surrounding zoning. If it cannot pass that test, it is considered spot zoning and would not likely be approved. Councilmember Billings stated it is the responsibility of the petitioner to demonstrate that a rezoning is in the best interests of the City and that it is not contrary to the health, safety and general welfare of the City. The City is not under any obligation to accept any proposal that comes along if it is not in the best interests of the City. Mr. Hickok concuRed. Councilmember Billings questioned that just because the Comprehensive Plan has identified the property in this petition as a redevelopment area, can Council not approve the S-2 zoning if it is not in the best interests of the City. Mr. Hickok stated the objectives that would be met by the proposal are what should be evaluated by the City. We would need to be able to substantiate that this is indeed in the City's best interest or is not based on the objectives spelled out. However, it is incumbent upon the City to articulate how this petition falls short, as the City evaluates whether or not something else would be more appropriate. Councilmember Billings asked if the City Attorney concurs with this discussion. Attorney Knaak stated that a rezoning is a legislative act. As a City Council, there are very few areas where they would have more discretion than the area of rezoning. This is like any other ordinance and the Council is under no obligation to pass or enact it. Councilmember Billings asked if the mere fact that a majority of the neighborhood residents are opposed to such a development is sufficient cause for the Council to deny the matter. Attorney Knaak responded that there is clear case law that neighborhood opposition by itself could not be the basis for an adverse decision by a city council. There would have to be other articulable reasons that relate to the health, safety and welfare of the citizens in a demonstrable way. Councilmember Wolfe said if staff determines that a specific neighborhood is a redevelopment area as a part of the Comprehensive Plan, then such a development could go in that area. FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 8. 2004 PAGE 19 Mr. Hickok stated that the staff works for the City Council and such changes would need to be endorsed by the City Council through a public hearing process. Mayor Lund explained that after the Planning Commission meeting, he contacted the petitioner, John DeMello, and discussed the possibility of making changes to lessen the impact and address the concerns of the neighbors. Councilmember Billings asked if the Mayor and the petitioner had reached any � conclusions as to changes that should be made that would cause the City Council to endorse the project. _ Mayor Lund said they did not. Mr. Hickok presented for the record a letter from Jane K. Rose, Traffic Engineering Manager, Anoka County Highway Department, January 27, 2004, and was received by the staff on March 5, 2004. MOTION by Councilmember Bolkcom, seconded by Councilmember Wolfe, to receive the letter from Ms. Jane Rose. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Bolkcom, seconded by Councilmember Barnette to recess for five minutes. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THERE WAS A FIVE-MINUTE RECESS. John DeMello, President of Profitmax, Inc., explained that Profitmax is in the business of enhancing communities with redevelopment. Redevelopment, he stated, is the future paradigm of development because more of the community profits. The residents who live closest to this development will profit with the most significant appreciation in real estate gain. There are four reasons why this project is good for the City. This site has not been developed due to challenges such as combining eight lots, correcting poor soils, streamlining inconsistent zoning, removing existing housing and correcting survey information on each of the lots. The demand in this area supports only senior housing and retail which they may patronize. Communities that have implemented similar plans have experienced tremendous revitalization and growth. Finally, the most compelling reason is that senior citizens in Fridley deserve to own a state of the art building that enables them to be able to reduce the burden of home ownership at a competitive price. Seniors will benefit by having the flexibility to leave for months at a time without worrying about their home, not having any of the labor associated with snow shoveling or lawn mowing, enjoying the security that this building will provide, reducing the high cost of maintenance, insurance, heating and cooling with the more efficient structure, not needing a car, and having a community of seniors who have fun and take care of each other. He commissioned a"dream team" whose members are the best in the industry. Rick Harrison is respected globally for his innovative site design to maximize efficiency while preserving the natural surroundings with a park-like setting. Tom Sezur has a tremendous amount of experience in all engineering aspects on projects such as Spring Valley Estates which is especially important to this project given the high water table in FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 8. 2004 PAGE 20 the area. Michael Spack, a nationally acclaimed traffic engineer and vice president of Traffic Data, Inc., has analyzed the traffic impact for both this project and the Town Center project combined. Paco and Humberto Cabello created the presentation of the building. Peter Villard, of Architectural Works/Villard, has over 25 years of experience as an architect and handles all aspects of building design and implementation. Peter Villard explained the only change made since the Planning Commission meeting is the walking path on the east side. One of the concerns expressed was that the path be extended to Mississippi Street, which has been done. Also, with the permission of City :_ staff, the path has been moved onto the City right-of-way to create a direct path from 64�' Avenue up to Mississippi Street. That path will be designed to allow fire trucks _ access to the east side of the building and the west side of the neighboring building. _- Parking has been added to the retail area and meets the zoning requirements. The residential parking exceeds the requirements. He then presented a video showing the exterior of the building and the grounds. The exterior of the building is proposed to be 40% face brick, accented areas, the background material of the building will be a fiber cement panel with direct applied stucco. The roof will be shingles and on the east side facing of the building they propose rock face concrete block accents, horizontal strips as well. As to the height of the building, they have the grade around the entire building is all up at the first floor elevation so the height of the building is actually 44 feet 6 inches at the center line, which is 4 feet higher than the building across the street. On the south side of the property the building does appear to be higher because of the location of the building in relationship to the height of 64�' Avenue. They plan to create retaining walls on that side so that no parking garage wall will be seen. Rick Harrison stated that he works in 35 states, has done about 420 communities in the last 8 years, and he did 11,000 approved units in the state. He works for over 200 developers and one of the reasons he took on this project was because of personal experience with the need for senior housing. Mr. Harrison also explained that he was impressed with the petitioner, John DeMello. Mr. DeMello has paid his bills on time and has gone out of his way to do everything first class on this development. With 10% of the population over age 65, thaYs approximately 3,000 seniors in Fridley. As far as the entrances to this site, there are two separate entrances, one for the commercial and one for the residential area. From a planning and livability perspective, he recommended the entrances not be changed per Anoka County's request. It is critical to think about what the seniors will be seeing out their window; they are going to be looking at height and a sense of space. He explained his contribution to the commercial area is a new type of commercial building which dresses up the back of the commercial building to architecturally blend with the courtyard so that loading docks were not seen. Also, the commercial building has been angled to create some interest in the views to and from the senior building. The parking spaces meet or exceed the zoning requirements. He presented photos of other senior developments in the area and pointed out how few vehicles are actually parked on the site. Mr. Harrison added that developments he has been involved with today include senior housing because that was a critical component. He reviewed the existing buildings on this property that would be torn down or moved from the site. He said they were trying to provide senior housing at prices they could afford. Peter Villard stated each individual unit in the residential building will have many upgrade options for the buyers. There will be one, two and three bedroom units available ranging in size from 825 square feet to 1,600 square feet. FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 8. 2004 PAGE 2_1 Councilmember Bolkcom asked if the developer has seen the letter from Anoka County. Michael Spack, Traffic Data, Inc., stated he has briefly scanned the letter and they will work with the County and the City to come to a common ground. Yoava Klucsues, 1420 Silver Lake Road, stated he is 85 years old and he would not want to live in this building and have to leave his car outside. He also stated he doesn't want these buildings or all the additional traffic and would not want to have to climb - steps to a fourth floor level. _ Bernard Marihart, 1373 64�' Avenue NE, stated his property is on the boundary of this __ project. He has owned his property since 1993 and is opposed to high density housing in his neighborhood. He believes the residents deserve more substantial benefits than this project is offering. Mark Schwarz, 1372 64th Avenue NE, presented a petition with 330 signatures of Fridley residents opposed to this proposal based on the removal of six houses, the rezoning of single family property, the size and scale of the development, the double-sided retail complex with outdoor eating area, the volume of traffic it would produce, the drainage issues and the decrease in property values in the surrounding area. He also presented a map that shows where each of the signers resides. MOTION by Councilmember Wolfe, seconded by Councilmember Bolkcom to accept the petition and map into record. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Schwarz added that he was not opposed to redevelopment in the area but this proposal is not consistent with the neighborhood. There has been an overwhelming response in favor of single family homes rather than this project. He also stated they are opposed to the retail area being proposed because there is already so much vacancy in the City. He commented that the Rice Creek Watershed District told him today that the engineer's report has not yet been received on this proposal and no permit has yet been issued. He did not think the project should be approved before that permit is secured. Mr. Haukaas stated he has not yet received anything from the Rice Creek Watershed District but those items will be required as a part of the stipulations. Mr. Schwarz stated the Metropolitan Council told him that the Comprehensive Plan is not actually a law, but the law requires the City to have one. He referred to Section 5 of our Comprehensive Plan which states that the majority of the housing in Fridley is small ramblers. He added that it is very suitable for older people to stay in their home. He questioned how much senior housing is really needed in Fridley. Councilmember Bamette asked Mr. Schwa2 what kind of development would be acceptable on this site. Mr. Schwarz said single family. FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 8. 2004 PAGE 22 Counciimember Barnette asked if this is a piece of land that could be developed as R-1 housing and be sold at a reasonable price. MOTION by Councilmember Bolkcom, seconded by Councilmember Wolfe to accept into the record the letters from Joe Nelson, Mark and Jean Schwarz, Barbara and Dennis Edwards, Tim Burns and the petition from Mr. and Mrs. Herman. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Wally Squier, 6701 Channel Rd., stated he thinks this proposal is a good idea as there � are a lot of seniors in the area who would benefit from this type of housing. Also, the _- homes sold by the seniors will be good starter homes for younger residents. This proposal will offer a lot of jobs, dress up the area, will bring in additional tax dollars, and will keep seniors in Fridley. Marvel McNaughton, 6300 Pierce Street, stated they have been through this before with the property across the street. The neighbors have been telling the Council this type of proposal does not belong in their neighborhood. We elected Council to do the best for them. She also suggested the City get rid of the Comprehensive Plan. Don Anderson, 7304 West Circle N.E., stated he believes this is a good proposal because the bus goes right down Old Central. Donna Reisner, 6424 Pierce Street, stated she has a lot of health problems and would not be able to handle the steps in the proposed four-story building. She also stated the proposal should be styled for the area. Mark Mattison, 6421 Central Avenue, stated he bought his property in 1996 with the knowledge that the area would be redeveloped. He is aware that the property in question has been a problem and there is now an opportunity to do something about it. There will be trees and setback requirements protecting the neighbors. He added this property is not in the middle of a residential area and it was a good location for senior housing. Joe Nelson, 1357 64th Avenue, stated his home is in the redevelopment area. He commented that he respects those residents who signed the petition, but that signing was based on information they had at the time. He hopes that it was also based on correct information. The Comprehensive Plan identified this property as a redevelopment area. That Comprehensive Plan was developed through a series of public forums and those who have voiced objections to the plan did not take the time to participate in the development of the plan. In the 30 years he has lived in this neighborhood, change has come slowly. This proposal is neither low income nor rental. It is affordable, attractive senior housing and he asked Council to approve this request. This proposal will allow seniors the opportunity to move from their home which opens up housing for families. He believed this to be a project that is long overdue for the area. Tom Myhra, 6360 Able Street, stated the elected council members should do what needs to be done. FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 8, 2004 PAGE 23 Beverly Prior, 1340 Mississippi Street, stated she is a 38-year resident and believes this senior housing would be wonderful and would be a wonderful place to live. Kurt Olson, 1385 64th Avenue, stated he lives two lots away from this proposal. He has seen "For Lease° signs on commercial property all over the City. Moore Lake Commons has never been fully occupied. He questioned the need for more retail. If this is passed, it will be punishing the people who live in the neighborhood. He was concerned about parking issues and questioned would happen to the proposed green areas when the - County widens Mississippi Street and Old Central. Barb Edwards, 1403 64'h Avenue, stated this is a well established neighborhood with a = lot of people living there for 25 to 30 years. The homes are kept up and it is a nice area. She expressed concern about the height of the senior building being as much as 64 feet above the level of 64"' Avenue. She is also worried about the change in the walking path which will now be wide enough to allow fire trucks to drive on. Linda Nelson, 1357 64th Avenue, questioned how long the Fridley school system can go on without additional tax dollars. This project and the one across the street will allow single family homes to free up so young people can move into the area. She added that they do stand to benefit from the sale of their property, but it is their property and could be sold to anybody. She believes this proposal is a good asset for the City. Frank DeMello stated he has lived in Fridley for 30 years and has owned this property for 25 years. All the previous ideas for this site were rejected by the City. He stated he could collect signatures from each senior who said this type of housing is needed. Seniors now living alone will be able to move into this proposed building and live in a community where they look after each other. He believes this proposal will be an asset to the City. Sue Row, 1341 64th Avenue, stated this is a nice neighborhood to live in and she has been there 29 years. The property in questioned is currently zoned so that any kind of business could go in there and pointed out there is commercial in the area now. We will lose 5 homes, but gain 71 single family units. Part of the Council's job, she stated, is to make the best decision for the City. She believes this is a good development with good backing and a great team. Virgil Okeson, 1423 64th Avenue, stated he lives four properties from the east side of this property and that he can see all the way up to the intersection from his home. He will be looking at the back of the proposed commercial building. He was concerned about the path being large enough for a fire truck and suggested that pylons be installed on the north and south end of the path to prevent it from becoming a thoroughfare for other vehicles. He also referred to Chapter 205, Section 11 of the Fridley code as it pertains to the height of buildings. He was also concerned about how the widening of Old Central and Mississippi will affect the proposed parking in this development. He questioned the impact on traffic and the possible increase in traffic accidents as a result of more senior citizens living in the area. He sited national studies regarding the accident record for drivers 65 and older. He was also concerned about the increase in pedestrian traffic along the walking paths on the other side of Old Central. Pedestrian traffic is a part of traffic flow and should be considered. He stated he would like to go on record that he would also sign the letter from Mark and Jean Schwarz. FRIDLEY CITY COUNCIL MEETING__M_INUTES OF MARCH 8. 2004 PAGE 24 Dennis Edwards, 1403 64�' Avenue, stated he has a problem with the size of the project as it seems to dwarf the surrounding buildings. Parking is a huge issue. He would like to see something on this property that would fit in with the area with a lower height. Mary Vaseca, 6909 Hickory Drive, stated she signed the petition to oppose this project as a fully informed citizen. She favors redevelopment in the City, but believes the majority of the citizens would prefer this to be single family dwellings. The Comprehensive Plan has been under attack. She considers herself to be active in the community and had she known that housing would be changed, she would have been at ' the hearings for the Comprehensive Plan. She recommended this request be tabled until issues such as the Anoka County Highway recommended changes are resolved _ and the Rice Creek Watershed District issues have been addressed. She asked staff to _ clarify the questions regarding finished grade and the height of the building. She stated her strong opposition to this project and that it is time for the citizens of Fridley to be heard. Joanne Zmuda, 6051 Fourth Street, opposed this project. She stated between the two developments proposed for this intersection, there will be 165 additional cars. She questioned the traffic study recommending a stop sign rather than a signal. She believes a stop sign would be riskier for seniors trying to cross the intersection on foot. She asked if a stipulation could be added that the developer pay for a stoplight if warranted. It seems the goal of the Comprehensive Plan is to quietly rezone R-1 neighborhoods to allow for more high density housing of all types. She suggested this matter be tabled until such a time that the developer can come to the Council with definite answers to the questions presented here and at the Planning Commission. She added that it is her understanding that Profitmax was only incorporated a few months ago so there is no track record to refer to. Susan Okeson, 1423 64th Avenue, stated this proposal is different from the Town Center Development project across the street. That property was already zoned commercial and light industrial and there were no single family homes on that property. Half of the land on this proposal is zoned residential single family. The neighborhood, she stated, is not opposed to redevelopment but believes there is enough high density housing in the area. She added that seniors should live in something other than high rises, such as cottage style homes. She believes this project is not compatible with the area and that Council should wait for a more appropriate proposal in the future. Jean Schwarz, 1372 64th Avenue, commented on the height of the building. At the Planning Commission the petitioner admitted that the building would be at least 6 to 8 feet higher on 64�' Avenue. She stated she has concerns and issues with many of the setbacks on this site. She suggested that staff look at the height requirements under R-3 which states a maximum of 6 stories but not exceeding 65 feet provided that no building shall be erected to a height exceeding 45 feet within 50 feet of any R-1 or R-2 district without one additional foot of space between the main building and the R-1 or R-2 district for every one foot or portion of building height over 45 feet. With 53 feet in the front, the setback would have to be 58 feet, not 18. Also, the parking is short 36 spaces for the residential building. She added that she has not seen Council approve a development in recent history that was short 36 spaces. The R-3 parking setbacks should be no closer than 20 feet from the right-of-way. This will become an issue when Old Central is expanded. The comment was made that residential overflow parking can use the retail parking, but she did not believe that was an allowable practice. An outdoor FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 8. 2004 PAGE 25 eating area is a permitted use with a special use permit. The rear yard setback is very clear for C-2 stating it shall be no closer to the boundary line of any adjacent residential district than 50 feet. This proposal is at 35 feet. Also on the retail, the parking requirements go up if there is a restaurant and this proposal includes an outdoor eating area. Mr. Hickok explained that the outdoor eating area may simply be an area for employees. - Ms. Schwarz commented that if there is a restaurant, the parking ratio goes up to one � off-street parking space for every 150 square feet of building area. Also all parking and hard surface areas can be no closer than 20 feet from any street right-of-way. In the __ retail area, the parking along Mississippi and Old Central is not 20 feet away. The driveway for the commercial area appears to be about 5 feet from the rear lot line which does not meet zoning requirements. Where any commercial is close to any public right- of-way, there are requirements that need to be met for parking, a five-foot sidewalk easement along the property line and a fifteen-foot planting strip located behind the required sidewalk that is substantial enough to create a physical separation befinreen the public right-of-way and the commercial property. If Mississippi and Old Central are widened, you would have none of that. As far as S-2 zoning, a special district is a zoning district that is designated on the zoning map created through specific regulations changes necessary to protect the health and general welfare of the public within the designated district. She doesn't believe this project is necessary to protect the people of this area. She didn't think the city should "throw everything away because it's an S-2°. Developers should be held to firm standards. As to spot zoning, she checked the zoning in this area before they bought. Rezoning this property would constitute spot zoning. Town Center had to have the 50 foot setback from the residential area. She said the town houses by Medtronic were approved as owner-occupied and they tumed into rental shortly after they were approved. She is concerned that Mr. DeMello could back out of or sell the project. This proposal changes the character of the neighborhood. The Comprehensive Plan is not a law but is merely a suggestion and the City has previously deviated from this plan. Additionally, the Comprehensive Plan actually calls for a decrease in multi-family residential housing in the city. She stated she is not opposed to senior housing or redevelopment as long as it is appropriate for the area. Andrea Olson, 1385 64th Avenue, presented a drawing showing the significant difference in height befinreen the existing housing and the proposed residential building. The owners have the right to develop their property, but there are serious concems related to this proposal. As far as barriers befinreen the residential area and this development, it would be impossible to build anything tall enough to provide adequate screening. She is concerned about how the back of the retail will impact her property immediately east. Tuming the walking path into a road in the easement area would increase the footprint of this project and would not be good for the neighborhood. She asked for a copy of the Anoka County Highway Department letter recently received. It did not make sense to move the access to 64th Avenue. She recommended that something more appropriate to the neighborhood be built on this property. There were over 300 signatures on the petition opposed to this project. She asked how many citizens actually participated in the hearings for the Comprehensive Plan. Tom Mhyra, 6360 Able Street N.E., asked if the developer has already purchased the homes on this site. Several of the people who spoke in favor of this proposal have a vested interest in that their homes will be bought by the developer. FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 8, 2004 PAGE 26 John DeMello stated he has surrounded himself with a team of experts who have plenty of experience. As to the financial, he has over 8 investment groups interested in backing this project once it is approved by the City. He explained that he shared all the details about this proposal with the community and he pointed out they meet or exceed specifications with only a couple of exceptions. Peter Villard explained that they are proposing 73 underground parking spaces and there will be an elevator in the residential building. The traffic study determined this project will have a minor impact. Single family homes would not work on this site because of the cost of the property and the investment required. He believes the location for the retail building is better than other areas of the City. There will be approximately five renters in the retail space and it will not be built until it is completely leased out. The investment in the commercial site will dictate that the tenants be upscale. This is not a high rise building, but based on the height is considered a midsize building. They do not have five stories anywhere except at the garage doors where they enter the building and the retaining walls hide the whole garage level. The market study was an independent study used as a roadmap. They do not have a loading dock in the commercial area. There will be a fence on the east side to help block some of the views of trucks loading and unloading. The trash will be enclosed and not visible. There will be retaining walls constructed on the south and the setback requirements have been met. The path is only 8 feet wide which will allow the fire department to get one side of their truck. He agreed that the driveways should not go out onto 64th and will have discussions with Anoka County on this matter. He stated that as far as the lot coverage, the maximum increases to 30% if there is underground parking provided. This proposal is below that requirement with only 25.4% coverage. The setbacks on this site are predicated on the underlying zoning districts and meet or exceed all the requirements. They have almost doubled the required enclosed parking spaces plus an additional 32 surface spaces for a total of 103 parking spaces. The retail site data: 40% maximum lot coverage, they have 20°/a; minimum lot area 20,000 square feet, they have 67,000 square feet; front yard setback, 35 foot required they have 75 feet provided; side yard south, 15 feet required, they have 50 feet provided; side yard at Mississippi Street, 35 feet required they have 65 feet provided; rear yard — east, 25 feet required they have 35 feet provided. Retail parking data: the parking data was developed based on the speculative requirement of the code — one space required for every 200 feet of building which equals 68 parking stalls and they have 69 provided. Mike Spack, TDI, Inc., stated there are 8 warrants under the state statutes regarding traffic signals. If one of those warrants is met, then a signal should be considered. They determined that the traffic generated from this project and the project across the street does not come close to meeting any of the 8 warrants. Safety of a 4 way stop versus a traffic signal is debatable. The stop sign is the safest way for the seniors to use the streets because by law, once they step into the crosswalk, traffic has to stop. Their determinations are based on national statistics that are very well documented, up to date, and published in 2003. He also explained that they actually counted the traffic on this intersection during the peak hours of the day and then added on the tra�c they anticipate will be added by this development as well as the Town Center development. Mr. Harrison responded to concerns about the height of the building. He explained that the front of the building is at the front setback, not at the curb, and they meet the height requirements. He stated this is a good development with no municipal dollars involved. Cottage homes on this site would have to be sold for $700,000 to make it possible. � FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 8. 2004 PAGE 27 Mr. Hickok explained that the market study found that Fridley could support 189 senior units based on an analysis of what the market could absorb. Councilmember Barnette stated Mr. Edwards' concern about the shortage of parking is correct. He asked Mr. Hickok if the proposed parking is adequate. Mr. Hickok responded that the code was revised to anticipate this type of development - and this proposal meets those requirements. The formula for parking requirements on - this development is the same that was used for Town Center. _ Mr. Villard stated the parking designed was based on the ordinance that said one car stall per unit. They over-designed this project for more than that. To add more parking would result in more hard surface and require more ponding. Also, the history of such facilities is that the parking lots are not being used. Mr. Hickok stated this project does meet the requirements for an independent living facility. Ms. Schwarz again expressed her concern that the underlying zoning is not being utilized to determine setback requirements. Mr. Hickok responded that this proposal is based on a master plan. Trying to put S-2 in context, it really is a blend and is meant to allow a master plan that is acceptable to the City. We need to focus on the master plan and the setbacks in that plan. Ms. Schwarz stated the ordinance states that S-2 must meet the performance standards of compatible zoning codes. Mayor Lund stated that appears to be somewhat objective. Ms. Schwarz again questioned the building height. Councilmember Billings stated they are following the guidelines to determine the building height. Mr. Harrison commented that the building is not square but curves away to exceed the setback. He stated they're adding character and a gazebo to improve the quality of living for the residents. It boils down to whether not this proposal is good for the character of the city and as a focal point as to how Fridley should be redeveloped. He stated he is very proud to be a part of this development. Councilmember Billings stated it is a beautiful project, but it is too much for the space. There are too many parking stalls too close to the right-of-way, and the elevation from the driving surFace of 64"' Avenue is too high. He would prefer to table this and ask staff to prepare materials for consideration by Council to reject this. Tom Myhra asked if the developer has the deed for this property. Mr. DeMello stated he owns one of the properties, his father owns one of the properties, and he has purchase agreements on all the rest. FRIDLEY CITY COUNCIL MEETING MINUTES_OF MARCH 8. 2004 PAGE 28 MOTION by Councilmember Wolfe, seconded by Councilmember Barnette to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 22. First readina of an ordinance to amend the citv code of the Citv of Fridlev Minnesota bv makinp a chanqe in zoninq districts (rezoninq request ZOA #04-01 bv John DeMello. Profitmax, Inc.) (Ward 21. MOTION by Councilmember Billings, seconded by Councilmember Wolfe, to table this matter until March 29 and to direct staff to prepare the necessary documentation for __ consideration by Council with a view towards rejecting this proposal. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Billings, seconded by Councilmember Bamette to table consideration of this item in order to ascertain the necessary information to fully examine and study the request and to extend the review period for City Council an additional 60 days and to notify the petitioner in writing of the 60-day extension as soon as possible. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 23. Preliminarv Plat Reauest PS #04-01, bv John DeMello. Profitmax. Inc. to reqlat six parcels into finro parcels, for the purpose of constructinq a senioX housina development and a retail comnlex. aenerallv located at 1340 and 1314 Mississieni lots, Lots 17 & 18. Block 1. Sprina Vallev Addition (Ward 21. MOTION by Councilmember Billings, seconded by Councilmember Bamette, to table this matter until March 29. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Billings, seconded by Councilmember Wolfe to table consideration of this item in order to ascertain the necessary information to fully examine and study the request and to extend the review period for City Council an additional 60 days and to notify the petitioner in writing of the 60-day extension as soon as possible. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. Second readina of an ordinance amendinq Fridlev Citv Code, Chapter 11 Fees. MOTION by Councilmember Bolkcom, seconded by Councilmember Wolfe, to table the second reading of an ordinance amending Fridley City Code, Chapter 11, Fees. � FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 8. 2004 PAGE 29 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. Second readinq of an ordinance amendina Chapter 402, Water and Sewer Administration of the Fridlev Citv Code. MOTION by Councilmember Bolkcom, seconded by Councilmember Wolfe, to table the second reading of an ordinance amending Chapter 402, Water and Sewer Administration of the Fridley City Code. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 24. Informal Status Reports. There were no informal status reports. ADJOURNMENT: MOTION by Councilmember Barnette, seconded by Councilmember Wolfe, to adjourn the City Council meeting at 3:00 a.m. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Respectfully submitted, Rebecca Brazys Recording Secretary Scott J. Lund Mayor � � CRY OF FI�IDLEY TO: FROM: - SUBJECT: AGENDA ITEM CITY COUNCIL MEETING OF MARCH 29, 2004 WILLIAM W. BURNS, CITY MANAGER �� RICHARD D. PRIBYL, FINANCE DIRECTOR 2"d READING REGARDING AN AMENDMENT TO SECTION 402 OF THE FRIDLEY CITY CHARTER -- DATE: March 24, 2004 Staff has made the changes that were identified during the 1�' Reading of Chapter 402 at the Council meeting of February 9, 2004. Staff has corrected the typos that occurred during the scanning process transforming this document into electronic media and a couple of grammar problems. As noted in my memo that accompanied the 1�` Reading, I have reviewed the various changes that are sustentative in nature versus updates or cor�ections that Staff has noted over the years Page 1. The items that have been modified are those that either add what Staff feels would be adding clarity or a correction of an incorrect reference to another section of the charter. Page 2. 402.04 Proportionate Share. Language being added here °Alternately, the City shall allow the owner to contract directly with an approved firm to install such connection and restoration subject to approval and inspection by the City." This language has been added to meet current City policy regarding allowing private contractors to connect new senrice lines to the City's water and sewer utilities instead of requiring that the City construct the connections. Page 3. 402.06 Repairs and Maintenance to connection. The changes made in this section are a change in City policy. In the past the City has been responsible for all repairs that were required from the property line to the main, including necessary street repairs. The change that Staff is recommending is to make the homeowner responsible for those repairs. If the properly owner requests the City to do the maintenance or the repair, it will be done at a rate equal to the cost of the service that is being requested by the properly owner. This change is similar to what a. number of other cities have instituted regarding this activity. Another slight change in this section adds the words "for operability and" in regards to the water curb stop box. Our senrice technicians have found, that on occasion, when the water was to be shut off whether due to an emergency or upon request, the tube n.rnning down to the shut off was bent and had to be replaced in order to shut the water off. Page 4. Changes on this page are due to corrections of reference numbers. Page 5. This section starts the changes that remove the concept of new customers placing deposits on the water meters. This is old terminology that should have been removed 30 years ago when there was an attempt to change the concept from a deposit by the customer to a purchase of the meter. By statute anything that was defined as a deposit was to be paid interest during the period of the classification as a deposit. The new language removes the deposit language and requires the new owner to purchase a meter. This is only in the case of a new service or home, not an existing service or home that has been sold to a new owner. This removes the need to track each meter by address as ownership changes. For all of our utility customers that have purchased their meters in accordance with the past ordinance the City will refund or buy back their water meter upon the sale of their home. The new change would require the new owner of the property to pay an amount to the City as a one time administrative fee for the new customer set up process. A new paragraph was also added regarding the right of entry to repair or replace the water meters. In the past, we have had some problems with owners that have had troublesome water meters. This section of the ordinance assists in providing authority for authorized City representatives to enter the property to repair, replace or read the water meter. Page 6. The changes on this page work with the non payment of utility bills. It both clarifies and adds - additional language regarding what occurs after four consecutive quarters of not reading the water meter. � Due to the repetitive nature of this situation with some customers, there is a potential loss of revenue that could occur with both the water and sewer revenues. Staff felt that after four non-readings, a customer would " be penalized in the amount of the cost of an automated meter reading device {AMR). Staff also feels that after the fourth quarter of not providing a water meter reading, a penalty of $50.00 per month should be assessed until the owner allows the City to install the new meter. Page 8. Staff added the storm water utility in the language to bring this section current with other sections of the City Code. It also corrects a reference to another section of the ordinance. Page 9. Added clarification. Page 10. Corrected reference Page 11. This page corrected a reference and struck all the language that pertained to the meter deposit that should have been removed 30 years ago. Page 12. Corrected numbering and added clarification along with inserting a service charge as defined under an administrative policy, for those customers that request their meter be tested for accuracy. This fee will only be charged when, at the customers request, the testing is conducted and the meter tests normal. The normal range is defined within a range of —3% to +1 '/2 %. If the reading is not within this range there will be no charge for testing and an adjustment will be made to the bill for the inaccurate reading. Page 13 8� 14. These two pages only reflect changes made in the number of the sections due to the elimination of the meter deposit section. These changes are items that have appeared before you in other forms. They are a collaborative effort of the Finance Department, Engineering Department and the Water Department. It is felt that with these changes, Staff will be more efficient and effective in managing the daily activities of the Water, Sewer and Storm Water Utility. Staff recommends the second reading of this ordinance. RDP/me � ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 402. WATER AND SEWER ADMI1vISATRATION OF THE FRIDLEY CITY CODE _ The City Council of the City of Fridley hereby fmds, after review, examination and recommendation of staff, that Chapter 402, Water and Sewer Administration, of the Fridley City - Code, be hereby amended and ordains as follows: FRIDLEY CITY CODE CHAPTER 402. WATER. STORM WATER AND SANITARY SEWER ADMINISTRATION 402.01 CITY MANAGER RESPONSIBLE The City Mana.ger in the City of Fridley shall have the responsibility of the mana.gement and operation of the municipal water system, sanitary sewer system and storm se� water system in the City of Fridley. The City Manager sha11 have immediate control and custody of all properties, be responsible for their safekeeping and their proper storage and care, and sha11 provide for the keeping of a full and accurate record of all work done with respect thereto, the cost thereof, the names of persons employed, hours worked and such other information and records as may be required by the City Council. Further, the City Manager sha11 have immediate chazge of all employees necessary to the operation of the said utilities of the City. (Ref. 113) 402.02. POLICY The City shall eliminate hazards to safety and health arising from defective water systems, sanitary sewer systems, and storm se�e� water systems in the City of Fridley; and for such purposes sha11 extend its municipal or public sewers to all lands of the City and require connection of all failing Individual Sewage Treatment Systems (ISTS) to said systems. 402.03. CONNECTION SERVICE No person shall make any type of connection to the municipal water system, the sanitary sewer system or the storm se�ue� water system except upon making an application therefor on a form provided by the City and receiving a permit issued by the City for such purpose. The application shall include an exact description of the properry to be served, the uses for which the connection is requested and the size of the service lines requested or to be used. At the time of making such application, there shall be paid to the City a fee as designated in Sections 402.04, 402.05, and 48�:� 402.15, which sha11 be applied to, paid for, and received by the City for the purpose indicated. 3 Ordinance No. 402.04. PROPORTIONATE SHARE Page 2 No connection shall be made or continued in use at any time with respect to any sewer or water connection serving property if any person or occupants of the land, parcel or premises affected have not paid or provided for the payment of the fu11 and proportionate share of the systems, services or improvements to be used as determined by the City Council, which share of the cost of said system, service or improvement shall be payable as follows: A. For service to properry to which service lines have not been previously run from the street laterals to the properry line, the owner, occupant or user shall pay into the City Treasury (Water - and Sewer Utility Fund) an amount not less than the cost of making connections, taps and installation of necessary pipe and appurtenances to provide service to the properiy and necessary street repairs. Alternatelv, the Citv shall allow the owner to contract directiv with an aunroved firm to install such connection and restoration subiect to annroval and inspection bv the Citv. B. For service to property to which service lines have been run previously to the properry line but have not been paid for, the owner, occupant or user shall pay in cash or agree to pay charges in the form of Special Assessments to be levied against the property to be spread over a number of yeazs coincident with the maturity requirements of any Special Improvement Bonds sold for the purpose of financing the construction of such water and sewer lines and service connections serving the property. Said cash payment or Assessment charge shall be in principal amount not less than the payments made by or chazges placed against comparable properties for like services of such water or sewer, i.e. FOR AN "EQUNALENT LATER.AL ASSESSMENT", or an amount as may be established by the City Council. In the instance of services run to the properiy lines as provided under Section 402.03.A, the payment to the City Treasury of any amount required under Section 402.03.B shall be reduced by the amount paid to the City under Section 402.03.A. Payment to the City Treasury in the form of a Special Assessment charge shall be in the form of equal annual installments together with interest on the unpaid balance from year to year, which interest shall be computed at the current rate of assessment. 402.05. PERNIIT FEE Prior to constructing or repair of any water or sewer line connecting the existing municipal system and any house or building for which the application is made, the owner or contractor shall be required to obtain a pernut for such connection, and shall pay a permit fee as provided in Chapter 11 of this Code. A.fter such connection has been made, the Water and Sewer Department shall be notified. It shall be unlawful to cover any connecting line until an inspection has been made and such connection and the work incident thereto has been approved by the City as a proper and suitable connection. 4 � � Ordinance No. 402.06. REPAIRS AND MAINTENANCE TO CONNECTION Page 3 After the initial connection has been made to the water service curb stop box or the sewer lead at the property line or a water service or sewer lead has been extended to the properry line for connection, the applicant, owner, or the occupant or user of such premises sha11 be liable for all repairs required to any water line or any sewer lines necessary for connection of the premises from the �e�-l�e main to the premises. ^°�-'�,';^° *^ *'�° � ^^,,,a;^^ ^ ° ° �'�°°+ �° If the qropertv owner requests �� . maintenance services or repairs be performed bv the Citv, the propertv owner shall be charged for the costs of the maintenance and/or repairs, includin� anv necessarv street renairs, at a rate set annuallv bv an administrative policv . It shall be the responsibility of the applicant, owner, occupant or user to perform standard maintenance of the sewer service line from the premises to the main including debris clearing or root cutting and to maintain the water service curb stop box for onerabilitv and at such height as will ensure that it remains above the finished grade of the land or property. (Ref. 638, 1156) 402.07. CONSTRUCTION OF PRIVATE SEWER SYSTEMS PROHIBITED The construction of new individual sewage treatment systems (ISTS) is prohibited in the City of Fridley. Existing individual sewage treatment systems meeting MN Rules Chapter 7080 standards may and sha11 be permitted to continue in use and operation until system is deemed failing by a licensed inspector during a biennial inspection or the property owner expands kitchen, bathroom, or bedroom areas. The use of a cesspool, outside toilet, or any other individual sewage treatment system not meeting standards set forth in MN Rules Chapter 7080 is strictly prohibited. 1. New Construction. All new houses, buildings, businesses, facilities, etc., producing wastes or discharges must be properly connected to the City of Fridley sewer system. Application for connection shall be made to the City Building Department and all connection fees shall be paid as provided by City Ordinances. No building permit shall be issued by the City after the effective date of this ordinance, unless the applicant shows compliance with the terms of this ordinance. 2. Existing Structures. Any existing houses, buildings, business or facilities presently utilizing their own septic systems, drainfield, soil absorption system, etc., shall be inspected by November 1, 2000 by a licensed inspector. After the initial inspection, systems must be inspected biennially by a licensed inspector and inspection results presented to the City of Fridley Building Department. All systems shall also be inspected prior to sale and/or transfer of title. All properties utilizing on site sewage treahnent shall be connected to the City Sewer system prior to the issuance of any building permits for kitchen, bathroom, or bedroom expansions. Further, any such system presently in use, but which is revealed to be a failing system by inspection, shall be connected to the City of Fridley sewer system as soon as is practical but within 6 months of the time of failure. If the system is determined to be an immediate health hazard, the system must be connected immediately. 5 Ordinance No. Page 4 3. Abandoned Sewage Treatment Systems. All existing cesspools, drywells, septic tanks, or any other on-site sewage treatment systems which are abandoned and not in use shall be properly removed and/or filled 'unmediately to Staxe standards so as not to pose a danger to health and safety. 402.08. NiJISANCE Hereafter, whenever and wherever any such private septic tank, cesspool or other type of private _ sewage system is damaged or defective and as a result thereof operates improperly creating an .- immediate health threat by exposing raw sewage to the grounds surface, then except as is further provided herein, connection shall be made to a public sewer immediately. Use of a defective : system, or one in need of repair to eliminate a hazard to safety or health is deemed maintenance of a nuisance and is prohibited; and such nuisance may be abated according to law. 402.09. FAILURE TO COMPLY; NOTICE The City Manager may cause written notice of sewer and water requirements to be given to any person required by subsection ^^-�'.�o�e�-4�A�:89 402.07 or 402.08 to make such repairs and connections. Such notice shall be mailed by certified mail or delivered by the Building Official or Code Enforcement Officer by order of the City Manager. In the event that (I.) any person, required by subsection 402.08.9� to connect an existing building to sanitary sewer mains where there is not an ixnmediate health danger, fails to complete the making of such connection within 6 month after such written notice is given, or (11.) any person required by section 4�A�3 402.08 to connect an existing system to sanitary mains due to system failure and immediate health threat fails to complete the making of such connection with 5 days after the written notice is given, the Council may by resolution direct that the required connection be made and the cost assessed against the benefited property as set forth in section 48�4 402.12. From the time of failure until connection, outflow must be plugged and tank puxnped on a regular basis. Work must be done by a Certified septic installer and pumping schedules must be filed with City Building Department. 402.10. HEARING In any case where an owner deems himself or herself aggrieved by an order of the Building Official of the City or other representative of the City with respect to a private sewage disposal system and its continued use, the owner is entitled, upon giving notice and demand, to a hearing before the Council with respect thereto and before the order shall become final. Such notice and demand sha11 be made promptly and in no case later than five (5) days after receipt of any order from the City. 402.11. SEWAGE AND WASTE CONTROL The "Waste Discharge Rules for the Metropolitan Disposal System" as adopted by the Metropolitan Council Environmental Services (MCES), is hereby adopted by reference and incorporated into and made a part of this Code as completely as if set out here in full. � � Ordinance No. 402.12. INSTALLATION BY CITY Page 5 Wherever the notice provided for in Section 402.09 is not complied with, the Council may, by resolution, direct the connection of such building or property to the public sewer system. The cost of all necessary appurtenances and the connection to public services shall be paid initially from the General Fund and then assessed by the Council against the properly benefited. If the assessment is not paid to the City within ten (10) days after the City Clerk has served written notice in the same manner as provided for notice referred to in said section, the City Clerk sha11 certify the amount of the assessment to the County Auditor for collection in the same manner as other special assessments. The Council, by resolution, may provide for payment of the assessment in one (1) annual instaliment bearing interest at the current assessment rate from the expiration of such ten (10) da.y period. 402.13. STATE & METROPOLITAN COUNCIL REGULATIONS BY REFERENCE There is hereby adopted by reference, and shall be in full force and efFect in the City of Fridley as if set out here in full, the following rules, regulations and recommended practices as set forth in pamphlets published by the State of Minnesota, rules, regulations and recommended practices which shall be considered and construed as minimum codes and standards of the City of Fridley: 1. Rules, regulations and recommended practices for the design, construction and operation of sewage systems as set forth in Minnesota Rules Cha.pter 7080, dated 1995, published by the Minnesota Pollution Control Agency, as amended to date. 2. Rules, regulations and recommended practices on the type, design, construction and location of wells for potable water supply when connections to the municipal water system are not feasible as set forth in pamphlets entitled "Manual of Water Supply Sanitation", Section 11, dated 1956, Section V, dated 1956, and Section VII, dated 1957, all as published by the Minnesota. Department of Health, Division of Environmental Sanitation, as amended to date. 402.14. CONSENT TO REGULATIONS Every person applying for water or sewer service and every owner of property for which any such application is made shall be deemed upon making such application to consent to all rules, regulations and rates set forth in this Chapter, and such further nzles, regulations and rates as may thereafter be set forth and adopted by the City Council. 402.15. WATER METER 1. Before any water conveyed through the municipal water system shall be used or utilized on the land or premises of any person, firm or corporation, there sha11 first be installed a water meter that will accurately measure the water consumed on the premises, except and unless such installation shall be exempted by the City. The applicant for water service shall �ege�s�t-�e C�-�� pav an amount to the Citv at the time of application for pemut as set forth above, an amount determined by the City to be sufficient to cover the cost of the meter. (Ref. 566) 7 Ordinance No. Page 6 2. At such time as there is a change of customer or prouertv ownershin for existing customers, all new customers to the svstem will be required to nav a one-time administrative set-un char�e at the rate set annuallv bv an administrative policv n �i • �• + „�+t,o � ,��o.,.. ,�,:,t t.e ,.e ,.oa +„ ,.. ,.,,�,,,�v ., � Z r� � > > � p�c icr"�°c-�.'�Fii@�OF.—�ce'�r-�vv j A. Those persons who paid to purchase a meter Urior to the effective date of this ordinance mav have the nurchase price returned unon satisfactorv nroof of transfer - of title and possession of said premises. The uurchase price shall be first deducted from the bill if there are unnaid bills or charges. B. The liabilitv of the Citv for return of said nurchase funds however shall be limited to the funds as are available in the water fund and shall not constitute a�eneral obligation to the Citv. 3. All water meters installed under the provisions of this Chapter sha11 remain the property of the City of Fridley. The meters shall be repaired from time to time as is necessary to ensure accurate measuring of the flow of water. The City sha11 pay for the cost of repairs except when a meter has been damaged due to negligence on the part of persons other than employees of the Water ��-#�e Department. The owner, occupant or user of the premises or such other person desiring use of the water sha11 reimburse the Water Department for the expense of repairing any such damaged meter. Upon failure to reimburse the Water Department within a reasonable time and upon demand therefore, the water service and supply to said premises may be shut off or discontinued as determined to be in the best interest of the City. A Right of entrance. Everv person owning improved real estate that has had a water meter installed shall allow dulv authorized emplovees of the citv or a desi�nated representative of the Citv, bearing proper credentials and identification, to enter all uroperties for the purpose of reading, repairin�, or replacing the meter, or for the purnose of installing an automated meter reading device (AMR). 402.16. TAMPERING PROHIBITED It shall be unlawful for any person to tamper with, alter, by-pass or in any manner whatsoever interfere with the proper use and functioning of any water meter owned by the City. 402.17. METER READING AND PAYMENT FOR SERVICES The City may provide a system of water meter reading , , � deemed suita.ble t��e-�ese by the City Council. The City may also establish billing areas or districts and provide for the readings of ineters and billing charges by month, by calendar quarters or monthly quarters, or such periodic intervals as the City Council sha11 determine suitable and necessary from time to time to the needs of the City. In the case of a � Ordinance No. Page 7 post-card meter reading, each consumer sha11 mail or return the meter card on or before the due date. Each consumer shall be assessed a one dollar ($1.00) penalty for any cazd not returned within seven (7) days of the due da.te. A charge of ten dollars ($10.00) will be added to the bill if the meter rea.ding UOSt card is not returned to the City for the second consecutive quarter billing. A charge of fifteen dollars ($15.00) will be added to the bill if the meter reading post card is not ' returned to the City for the third consecutive quarter. Such penalty and any use charges (based on an estimate of the water consumed) will be added to every quarterly billing thereafter if subsequently not read. If the meter reading post card is not returned to the Citv for the fourth consecutive quarter, an ARM shall be installed on the uropertv. The nrouertv owner shall pav a nenaltv equal to the full cost of the meter and installation which will be added to the bill. If the plumbing is substandard, the propertV owner will be responsible for brin�in� the plumbing up to code at their own exuense. A Refusal of Entrv. Anv uerson refusing to allow entrv of a dulv authorized emplovee or designated representative, as described in 402.15.3.A., shall be required to pav a penaltv of $50 00 aer month which shall be added to everv subsequent utilitv bill. The penaltv shall be added everv month until the nropertv owner is in comnliance with this section. Sr. 6. The water rate charges shall be considered net charges and shall be the chazges payable after the last day of the month or billing period in which the billings are sent out. §: 7. Payments not paid within thirty (30) days from the date of the bill will be assessed an additional ten percent (10%) penalty. (Ref. 662, 988) 402.18. DISCONTINUANCE OF SERVICE The City reserves the right to discontinue service to any customer of the water and sewer system without notice when necessary for repairs, additional connection or reconnection or for non-payment of charges or bills or for disregard of any rules or regulations in connection with the use or operation of said system. Whenever any service has been discontinued for non-payment of chazges or bills or for disregard of any rules or regulations, it shall not be resumed, except upon payment of the charges of bills accrued together with compliance with the rules or regulations previously violated and payment to the City of a restoration fee ^�'�'�° �••m ��° a�"n��'QC ^^' �e�c�-4:�n °ei.a,,.,., „a +o„ a,.n.,..� ietn nm .,,. .,�t ,.,t,e,. _+,-,..e� n= �..a�� set annuallv v an administrative uolicv ^ °°+ ;~ r'�°��°" „ , (Ref. 565) � Ordinance No. 402.19. LIEN Page 8 In the event a water or sewer bill is unpaid at the end of the calendar quarter or the billing period under which the billing is sent out, the bill shall be considered delinquent and the service may be discontinued as provided in Section 4�9�-1-� 402.18 above and the City Council may cause the charges noted in such billing to become a lien against the properry served by certifying to the County the amount of said delinquent bill in accordance with Minnesota. Statutes, Chapter 444. A penalty of ten percent (10%) will be assessed to all amounts certified to the County for collection. (Ref. 113 and 565) - - 402.20. WATER, �B SEWER. AND STORM WATER RATES 1. Water consumption, � sewer, and storm water use charges to the consumer shall become due and payable quarterly each yeaz on a calendar schedule or by monthly intervals or periods of time in accordance with a schedule prepared by the City Manager. (Ref. 464) 2. The water rates per quarter shall be set by Council Resolution. 3. The sewer rates per quarter sha11 be set by Council Resolution. 4. The storm water rates per quarter shall be set bv Council Resolution 4. 5. Whenever the period of billing of charges for e�� water, e� sewer, or storm water services e�e� is altered or changed, the minimum charge payable for such water= e� sewer. or storm water service may and shall be prorated as necessary in equity to the consumer for any period of time less or more than a full quarter of any period used. Such prorating is also authorized whenever the rate, minimum or otherwise, for e�ke� water, e� sewer, or storm water services, e��s�; is charged. 402.21. DEFECTIVE METER If a meter fails to register or accurately measure the water, the charge for water consumed shall be paid for at the established rate based upon past average billings as determined by the City Manager. 402.22. NOTICE OF LEAK Any owner, occupant or user of a premises who discovers a leak in a service line to the premises shall notify the Water Deparhnent within 24 hours. Any water wasted due to failure of such person to comply with this regulation shall be estimated by the City Manager and charged against the owner of such premises at the established rate. (Ref. 113) 10 � Ordinance No. 402.23. STOP VALVE Page 9 There shall be installed in every connection to the City water system one stop and waste valve which shall be installed at a point between the water service stop and the meter so that the water may be turned off and the meter and house plumbing entirely drained. There shall be installed another stop and waste cock in the pipe on the house side of the meter. All service pipes connected to the City systems shall be of a TYPE K copper or its approved equal and shall be laid at a depth not less than 6.5' below the finished grade, or as low as the street mains. 402.24. PERMIT Any applicant, owner, occupant or user in applying for pemussion to connect to the City water and sewer systems shall have a11 work in connection therewith performed under the supervision of a plumber, licensed to do plumbing in the City of Fridley, except that nothing in this Chapter sha11 be construed as to prohibit an individual owner from obtaining a permit therefor provided that a person, fum or corporation actually perfornung the work be a plumber licensed to perform such work in the City. 402.25. OPEN CONNECTION FOR FIRE PROTECTION Any applicant, owner, occupant or user who shall apply for a connection to the City water mains which connection shall be open at a11 times for the purpose of fire protection, shall apply in writing to the Water Department giving detailed information as to the size of main required, location of main and a copy of the plans of the system that sha11 be served by such connection. Such applicant shall furnish and install between the point of connection to the City main, a shut off valve or if the same be installed by the City, the cost thereof shall be paid by the said applicant. Such shutoff valve sha11 at all times be open for inspection purposes to the Water Department personnel, but maintenance and cost of repair of the valve and tap sha11 be the sole responsibility of the applicant desiring such service. In the event a single connection is made for the joint purpose of fire protection and potable water use, applicant sha11 split the connection line and provide sepazate shut off valves for each use, a minimum distance of 20 feet from the outermost point of the building. Such permit may be granted by the City upon such conditions as may be deemed by the City Council to be in the best interest of the City including requirement by the City of the installation of any valve and meter for water use detection purposes. 402.26. RESTRICTION It shall be unlawful for any person, firm or corporation having such an open main for the purpose of the protection to make any connection to such main for any purpose other than the one noted in the original request to the Water Deparlment. 402.27. CITY NOT LIABLE The City shall not be held liable at any time for any deficiency or failure in the supply of water to the customer whether the same be occasioned by shutting off the water for repairs or connections, or for any cause whatsoever. 11 Ordinance No. 402.28. RATES Page 10 The City Council shall have the authority to prescribe the rates to be charged for water and sewer service to the customer from time to time and may prescribe the date of billing, a discount for the payment of any bill within a reasona.ble time, and such further rules and regulations relative to the use and operation of such systems as it may deem necessary from time to time. 402.29. INDUSTRIAL USER STRENGTH CHARGE 1. Recitals. The Metropolitan Council Environmental Services (MCES), a metropolitan commission organized and existing under the laws of the State of Minnesota (the "MCES"), in order to receive and retain grants in compliance with the Federal Water Pollution Control Act Amendments of 1972 and regulations thereunder (the "Act"), has determined to impose an industrial user sewer strength charge upon users of the Metropolitan Disposal System, as defined in Muinesota Statutes, Section 473.121, Subdivision 24, and to recover operation and maintenance costs of treatment works attributable to the strength of the discharge of industrial waste, such sewer strengkh charge being in addition to the charge based upon the volume of discharge. In order for the City to pay such costs based upon strength of industrial discharge allocated to it each year by the MCES it is hereby found, determined and declared to be necessary to esta.blish sewer strength charges and a formula for the computation thereof for a11 industrial users receiving waste treatment services within or served by the City. Furthermore, Minnesota. Sta.tutes, Section 444.075, Subdivision 3, empowers the City to make such sewer �harge a charge against the owner, lessee, occupant or a11 of them and certify unpaid charges to the County Auditor as a tax lien against the property served. 2. Establishment of Strength Charges. For the purpose of paying the costs allocated to the City each year by the MCES that are based upon the strength of discharge of a11 industrial users receiving waste treatment services within or served by the City, there is hereby approved, adopted and established, in addition to the sewer charge based upon the volume of discharge, a sewer charge upon each company or corporation receiving waste treatment services within or served by the City, based upon strength of industrial waste discharged into the sewer system of the City (the "Strength Charge"). 3. Esta.blishment of Strength Charge Formula. For the purpose of computation of the Strength Charge established by Section 48�� 402.29.2, there is hereby esta.blished, approved and adopted in compliance with the Act the same strength charge formula designated in Resolution No. 76-1972 adopted by the goveming body of the MCES on June 15, 1976, such formula being based upon pollution qualities and difficulty of disposal of the sewage produced through an evaluation of pollution qualities and quantities in excess of annual average base and the proportionate costs of operation and maintenance of waste treatment services provided by the Commission. 12 Ordinance No. 4. Strength Charge Payment. Page 11 It is hereby approved, adopted and established that the Strength Charge established by Section n n� 402.29.2 above sha.11 be paid by each industrial user receiving waste treatment services and subject thereto before the twentieth (20th) day next succeeding the date of billing thereof to such user by or on behalf of the City, and such payment thereof shall be deemed to be delinquent if not so paid to the billing entity before such date. Furthermore, it is hereby esta.blished, approved and adopted that if such payment is not paid before such date an industrial user sha11 pay interest - compounded monthly at the rate of two-thirds of one percent (2/3%) per month on the unpaid balance due. 5. Establishment of Tax Lien. As provided by Minnesota Statutes, Section 444.075, Subdivision 3, it is hereby approved, adopted and established that if payment of the Strength Charge established by Section 48�?� 402.29.2 above is not paid before the sixtieth (60th) day next succeeding the da.te of billing thereof to the industrial user by or on behalf of the City, said delinquent sewer strength charge, plus accrued interest established pursuant to Section 4�4 402.29.4, shall be deemed to be a charge against the owner, lessee and occupant of the properry served, and the City or its agent sha11 certify such unpaid delinquent balance to the County Auditor with taxes against the property served for collection as other taxes are collected; provided, however, that such certification shall not preclude the City or its agent from recovery of such delinquent sewer strength charge and interest thereon under any other available remedy. (Ref. 629) . � i „ � . � � . � • r. - - - - - �� - �_- - - - - - - - - - - r_ _ �S!�!S'�' - - - �-_ - - - - - - - - - -- - - - � - - r�i �::� �:.:...n. �,.:.: � .:. �,:.� .�:-.:.q,�:. 13 Ordinance No. Page 12 C- -- - - - - - - - - 402.30�. TAMPERING It shall be unlawful for any person to tamper with, use, alter or damage any water line or connection of any type or part thereof or any fire hydrant, water service curb or valve box or street valves or any sewer line or connection of any type or part thereof without authority from the City. Any person who shall damage any part of the municipal water system, or any pipe or connection of any .- type or part thereof, including any hydrant or valve, or any part of the municipal sewer system or any pipe or connection of any type or part thereof, shall be liable for the damage or loss to the City _ caused thereby. 402.31�. SURFACE WATER INTO SAI�TITARY SEWER It shall be unlawful for any owner, occupant or user of any premises to direct into or allow any s�e�age surface water to drain into the sanitary sewer system of the City of Fridley. 402.32�. CITY INSPECTION 1. All installation work or repair of connections to the municipal sewer and water system, including grades, bends and back-filling sha11 be performed under the direction and supervision of the City Manager or the City Manager's designee. No work sha11 be covered or back-filled until directed by the City Manager or the City Mana.ger's designee. All work and excavations shall be protected by barricades and warning markers and lights reasonable and suitable to the purpose. The City sha11 be held hannless of any claim or loss as might otherwise arise for damage or loss of injury caused by or arising by reason of such work being performed; and the applicant, owner or user performing or causing such work to be done sha11 give a report to the City with respect thereta 2. No digging on any permanent type street shall be permitted except by special permission from the City. Whenever a water user questions the accuracy of the meter, and desires that such meter be tested, such person sha11 n�� °�� •° a^"° ��Q`,nn� reimburse the citv for all testinS costs nlus an administrative fee set annuallv bv an administrative uolicv if the meter tests accurate within a range of minus three percent (-3%) to plus one and one half percent (1-1/2%). If it is not accurate within this range, no charge will be made for testing and anv administrative costs incurred. � An �-adjustment on the water bill will be made for the period of time that the meter is assumed to be inaccurate. 402.334. WATER CONSERVATION In order to ensure an adequate water supply for human consumption, sanitary purposes, and fire fighting purposes, the City Council may esta.blish by resolution water conservation regulations as they may be required from time to time. (Ref. 922) 14 Ordinance No. 402.34�. TERMINATION NOTICE Page 13 Requests for turning off the water sha11 be made in writing thirly (30) days prior to the time for which payment has been made. Otherwise, the owner of the premises shall be liable for water rent for the next period. 402.35�. INSPECTION & CORRECTION The City Manager or any authorized employee or agent of the City shall have right to enter and be " admitted to any lands and property in the City for the purpose of inspection of materials, plumbing work and fixtures of a11 kinds used by or in connection with the water and sewer systems. Any and all work, construction, alteration, repair, addition to, remodeling, moving, use, maintenance and occupancy of any building and the work and installation of any utility and appliance thereof and in use therewith to which the codes herein referred to apply shall be done and performed strictly in accordance with this Code. If, after inspection, any of the same are found not to be in accord with this Code, then the same shall be corrected upon notice from any duly authorized representative of the City of Fridley authorized to give such notice. If, after such written notice to any person perfornung any work which requires correction thereof, such person neglects or refuses to correct such work and fails to make the same conform to this and to the order of the City's representa.tive, the City by any of its duly authorized representatives may remove such work and charge the cost thereon to the person installing the same. No person sha11 cover any such work without the same being first duly inspected. 402.36�. SEPARATION FROM PRIVATE WATER Whenever any premises are connected to the municipal water system, there sha11 be maintained a complete physical separation between the municipal water supply system and the private water supply system, so that it is impossible to intentionally or unintentionally allow any water produced by a private system to be introduced into the supply line from the municipal system. 402.375. CHARGES WHERE NOT METERED Any water obtained by any person, firm or corporation from the municipal water system which is not paid for by the consumer or the user thereof by payment of water charges or rates deternuned by a meter shall be charged at and paid for by such consumer or user upon an estimate of the quantity of water used as computed at the established rate for such purpose or use, except that the Council may waive payment of such charge where deemed by the Council to be in the interest of the City. 402.381. ENFORCEMENT It shall be the duty of such administrative personnel as designated by the City Manager to ensure compliance with the provisions of this Chapter. 15 Ordinance No. 402.394A. PENALTIES Page 14 Any violation of this Chapter is a misdemeanor and is subject to a11 penalties provided for such violations under the provisions of Chapter 9 of this Code. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 2004. ATTEST: Debra A. Skogen, City Clerk First Reading: Second Reading: Published: 16 Scott J. Lund, Mayor � r � cmr aF FRIDLEY Date: To AGENDA ITEM CITY COUNCIL MEETING OF MARCH 29, 2004 March 25, 2004 William Burns, City Manager ��r From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject: Special Use Permit Request, SP #04-02, Kevin and Paulette Holman M-04-47 INTRODUCTION At the City Council meeting of March 8, 2004, the City Council considered a special use permit request that was accompanied by 2 variance requests. Though staff believes it was the intent of the council to approve the S.U.P. along with the variances, only the variances were approved due to the wording of the motion. Therefore, staff is recommending that the City Council act on this S.U.P. item at the March 29, 2004, meeting to close the loop and to provide a clear record. The petitioners, Kevin and Paulette Holman, were seeking a special use permit to construct a detached garage in their rear yard, which is located at 571 - 79�' Way. Their property is located in the CRP-2, Flood Fringe District. No structures or buildings can be constructed in the CRP-2, Flood Fringe District, without first obtaining a special use permit. PLANNING COMMISSION RECOMMENDATION At the February 18, 2004, Planning Commission meeting, a public hearing was held for SP #04-02. After a brief discussion, the Planning Commission recommended approval of special use permit, SP #04-02, with the stipulations as presented. THE MOTION CARRIED UNANIMOUSLY. CITY COUNCIL ACTION The City Council made a motion to approve the variances and added stipulations as recommended by staff and the Appeals Commission. However, in reviewing the minutes it became clear that the motion did not include the special use permit and its stipulations. Staff believes it was the intent of the council to approve the S.U.P. as well as the variances. Therefore, staff is recommending that the City Council act on this item 17 at the March 29, 2004 meeting, to close the loop and to provide a clear record. PLANNING STAFF RECOMMNEDATION Staff recommends that the City Council act on this item at the March 29, 2004, meeting to close the loop and to provide a clear record. City Staff recommends concurrence with the Planning Commission and approval of the S.U.P. with the following stipulations. STIPULATIONS 1. Petitioner shall obtain all necessary 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 shall not exceed 1,400 square feet. 4. The accessory structure shall be architecturally compatible with existing home and finished with complementary siding, color scheme, roof pitch, and roofing materials. 5. The petitioner shall submit an elevation certificate as part of a verifying survey prior to the foundation being capped, which shall verify that the minimum garage floor elevation is 821 feet. 6. The petitioner shall flood-proof the garage in accordance with current Federal and State flood-proofing requirements to a minimum of the 100-year flood elevation. 7. Retaining wall needs to be approved by the City's engineering staff prior to construction and will require a separate building permit. 8. Driveway shall meet code requirements and be 3 feet from all property lines or written approval from neighboring property owners must be filed with the City. : r � cmr aF FRIDLEY To: "_ From: _ Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF March 29, 2004 William W. Burns, City Manager ��►� Richard D. Pribyl, Finance Director Debra A. Skogen, City Clerk March 23, 2004 Resolution Re-Scheduling a Public Hearing to Amend the Fridley City Charter by Ordinance as Recommended by the Charter Commission The Fridley Charter Commission has proposed an amendment to the City Charter by recommending the amendment to the City Council by ordinance. On March 8, 2004 the City Council adopted Resolution 2004-20 scheduling a public hearing on March 29, 2004. In preparing for the public hearing the City Clerk realized the public hearing notice was not published as required and is requesting the public hearing be rescheduled to April 12, 2004. To accommodate the change in dates, staff has put together a new timeline for the City Council to use as a reference and the public hearing notice was sent to the Fridley SunFocus today for publication April 1 and Apri18. Staff recommends the City Council adopt a resolution re-sc$eduling a public hearing to amend the Fridley City Charter for Monday, April 12, 2004 at 7:30 p.m. in the Council Chambers, as shown in Attachment 1. 19 Attachment 1 RESOLUTION NO. 2004- A RESOLUTION RE-SCHEDULING A PUBLIC HEARING TO AMEND THE FRIDLEY CITY CHARTER Whereas, the Fridley City Charter Commission has recommended amending the Fridley City Charter by ordinance; and Whereas, Minnesota Statutes Section 410.12, Subd. 7, allows an amendment by ordinance; and _-_ Whereas, Minnesota Statutes Section 410.12, Subd. 7, requires that a public hearing be held with two weeks published notice when amending the city charter by ordinance; Whereas, the Fridley City Council adopted Resolution No. 2004-20 on March 8, 2004 scheduling a public hearing for March 29, 2004; and Whereas, the public hearing was not published as required and, therefore, does not meet the state requirements. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Fridley declares that the public hearing will be rescheduled to Monday, April 12, 2004, at 7:30 p.m. in the Council Chambers of the Fridley Municipal Center located at 6431 University Avenue NE; and BE IT FURTHER RESOLVED, that the Fridley City Clerk is hereby directed to publish the amendment in the official city newspaper with two weeks published notice prior to the public hearing. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS _ DAY OF 2004. I:��I►�1� Debra A. Skogen, City Clerk � Scott J. Lund, Mayor � � CITY OF FRIDLEY PLANNING COMMISSION MINUTES MARCH 3, 2004 CALL TO ORDER: Chairperson Savage called the March 3, 2004, Planning Commission meeting to order at 7:30 p.m. ROLL CALL: Members present: Members absent: Others present: Larry Kuechle, Diane Savage, LeRoy Oquist and Brad Dunham Barbara Johns, Dave Kondrick, Dean Saba Scott Hickok, Community Development Director Rebecca Brazys, Recording Secretary APPROVE PLANNING COMMISSION MINUTES OF FEBRUARY 18. 2004. MOTION by Mr. Oquist, seconded by Mr. Dunham to approve the February 18, 2004 minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING: Consideration of a Special Use Permit, SP#04-03, by Menard Inc., to relocate their yard entrance, generally located at 5351 Central Avenue NE. MOTION by Mr. Oquist, seconded by Mr. Kuechle to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 7:35 P.M. Mr. Hickok stated that Menard Inc., Marv Prochuska, is seeking a special use permit to allow the relocation of their yard entrance to the north side of their building. The existing yard entrance is located between the Menard's building and the Skywood Mall building. Relocating the entrance will keep all truck traffic into the yard and on the north side of the building, which is where their loading docks are located. Mr. Hickok further explained that in 1996, the Menards property located at 5351 Central Avenue and the Skywood Mall property located at 5207 Central Avenue were granted special use permits to allow agencies selling or displaying recreational vehicles, boats and marine equipment , machinery, manufactured homes, or other similar enterprises having merchandise in the open and not within an enclosed structure. Essentially, this special use permit allowed a lumberyard to sell and display lumber and other associated building materials within the rear yards of the subject properties. Any change to the previously granted special use permits, requires the special use permit to be reevaluated. 21 Plannina Commission Meetinq March 3 2004 Paae 2 Mr. Hickok reviewed the history and analysis of this petition stating that both the properties at 5351 Central Avenue (Menards) and 5207 Central Avenue (Skywood Mall) are zoned C-3 General Business. The original building at 5351 Central Avenue Menards was constructed in 1961. In 1965, storm damage to the building required it to be reconstructed to its original design. An addition to the building was constructed in 1984 and after the 1996 special use permit was approved, the sound wall / lumber shed were built. The original mall t 5207 Central Avenue was constructed in 1964 and in 1996, Menards purchased the property. Upon purchase of the building, Menards razed the existing 2 story office building behind the mall to expand their storage area. � Mr. Hickok explained that Menards is planning to expand their operation into the Skywood Mall and use it for their building materials department. Relocating the entrance to the north side of _ the building near the loading docks will allow the customer area to be safer when cross- shopping between the existing store and the mall portion of their facility, as it will help separate the truck traffic from the customer traffic. Because the loading docks are on the north side of the building, trucks delivering products will be able to enter the north location and back up to the loading docks without having to drive beyond that point, making the yard safer to customers driving in the yard. In addition, Mr. Hickok stated Menards plans to expand their lawn and garden products in the area where the yard entrance exists today. They plan to expand their lawn and garden products, especially for the spring bedding plant season. The proposed additional landscaping along the north property line should eliminate any adverse site lines into the yard, thus screening it from the public right-of-ways. Mr. Hickok explained that there has been some concern expressed about the possibility that relocating the entrance to the north side of the building may increase traffic on Cheri Lane. Jon Haukaas, City of Fridley, Public Works Director, has indicated that there may be additional traffic directed onto Cheri Lane as vehicles leave the site. However this should not change the overall amount of traffic to the residential neighborhood to the east or to the intersection of 53`� Avenue and Cheri Lane. The majority of the traffic will be making right-hand turns at the 53`� Avenue/Cheri Lane intersection which is a safer turning movement than the through movement from the existing gate location. Cheri Lane is an MSAS route and as such it is sized for the higher level of traffic without detrimentally affecting the roadway. Mr. Hickok stated the city staff recommends approval of this special use permit request as it is a modification to their existing special use permits SP# 96-05 (Menards), and SP #96-07 (Skywood Mall) which allows agencies selling or displaying recreational vehicles, boats and marine equipment, machinery, manufactured homes, or other similar enterprises having merchandise in the open and not within an enclosed structure, subject to stipulations. Mr. Hickok stated staff recommends that if the special use permit is granted, the following stipulations be attached: 1. Proposed entrance building shall comply with all state building and fire code requirements. 2. Fence installed between the Menards building and the Skywood Mall shall have a gate installed and meet the Fridley City Code Chapter 108.11.3. 3. The petitioner shall obtain any required permits prior to the start of construction. 4. The petitioner shall meet accessible parking requirements and identify stalls. 5. The proposed entrance shall 22 Plannin4 Commission Meetinq March 3 2004 Paqe 3 6. Proposed landscaping along the northern property line shall be reviewed and approved by city staff prior to issuance of a building permit. 7. All light fixtures shall be of a downcast design and shall not create a horizontal glare. 8. No materials shall be stored in a manner that allows them to be viewed from a vantage point outside the fenced area or viewed from the public right-of-way. 9. The fence enclosure shall be properly maintained and kept in good repair. -- 10. There shall be no outdoor sales of fertilizer, pesticides, or other potential pollutants. - 11. Emergency access knock down panels shall be incorporated into the rear yard - area for emergency purposes. 12. All emergency access rou#es shall be kept free from materials, display and clutter that will block or deter the safe passage of emergency vehicles. 13. All intercom devices shall be utilized in a manner and at a volume that does not negatively impact adjacent properties. 14. Access into and out of the storage area shall be clearly marked for customer clarity. 15. The property shall be kept free of all debris. 16. Outdoor storage shall be limited to lumber and associated building materials. Any sales of recreational vehicles, boats, marine equipment and manufactured homes shall require official review by city staff, the Planning Commission and approval by the City Council. 17. All landscaping shall have irrigation installed. 18. Upon renovation of the Skywood Mall, all construction dumpsters shall be removed from the site. Mr. Hickok explained that the petitioner has indicated the dumpsters now on site actually belong to the hotel on the south end of the mall property. The dumpsters are a permitted use during the hotel's remodeling process. Mr. Marv Prochaska, Vice President of Real Estate for Menards, was present and stated that Mr. Hickok had done an excellent job of explaining the Menards proposal and that he would be happy to answer any questions. Mr. Kuechle asked if the petitioner has any problem with the stipulations included in the City Staff's recommendation. Mr. Prochaska they had previously agreed to the first 16 stipulations. The last two stipulations were recent additions, but he explained that the irrigation system is already in place and that Menards keeps all their dumpsters inside their fence line. Mr. Dunham stated he likes the way the new layout looks, but he has not been happy with the appearance of the north side of the Menards property. Mr. Prochaska explained there will be new landscaping on the north side including 16 additional trees which will provide screening and improve the appearance of that area. 23 Planninq Commission Meetinq March 3 2004 Paqe 4 MOTION by Mr. Kuechle, seconded by Mr. Oquist, to recommend to the City Council approval of Special Use Permit #04-03, by Menard Inc., to relocate their yard entrance, generally located at 5351 Central Avenue NE, with the following stipulations: 1. Proposed entrance building shall comply with all state building and fire code requirements. 2. Fence installed between the Menards building and the Skywood Mall shall have a gate installed and meet the Fridley City Code Chapter 108.11.3. 3. The petitioner shall obtain any required permits prior to the start of construction. 4. The petitioner shall meet accessible parking requirements and identify stalls. 5. The proposed entrance shall 6. Proposed landscaping along the northern property line shall be reviewed and approved by city staff prior to issuance of a building permit. 7. All light fixtures shall be of a downcast design and shall not create a horizontal glare. 8. No materials shall be stored in a manner that allows them to be viewed from a vantage point outside the fenced area or viewed from the public right-of-way. 9. The fence enclosure shall be properly maintained and kept in good repair. 10. There shall be no outdoor sales of fertilizer, pesticides, or other potential pollutants. 11. Emergency access knock down panels shall be incorporated into the rear yard area for emergency purposes. 12. All emergency access routes shall be kept free from materials, display and clutter that will block or deter the safe passage of emergency vehicles. 13. All intercom devices shall be utilized in a manner and at a volume that does not negatively impact adjacent properties. 14. Access into and out of the storage area shall be clearly marked for customer clarity. 15. The property shall be kept free of all debris. 16. Outdoor storage shall be limited to lumber and associated building materials. Any sales of recreational vehicles, boats, marine equipment and manufactured homes shall require official review by city staff, the Planning Commission and approval by the City Council. 17. All landscaping shall have irrigation installed. 18. Upon renovation of the Skywood Mall, all construction dumpsters shall be removed from the site. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. RECEIVE THE MINUTES OF THE FEBRUARY 17, 2004, ENVIRONMENTAL QUALITY AND ENERGY COMMISSION MINUTES MOTION by Mr. Oquist, seconded by Mr. Kuechle, to approve the February 17, 2004 Environmental Quality and Energy Commission meeting minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DELCARED THE MOTION CARRIED UNANIMOUSLY. OTHER BUSINESS Mr. Hickok invited commission members and the audience to attend the Home and Garden Show at the Mounds View Community Center on Saturday, March 6, 2004. 24 � Piannina Commission Meetinq March 3 2004 Paae 5 Mr. Hickok sated the Spring Valley Project will go before the City Council on March 8. The HRA will take a look at the master plan at their March 4th meeting and will send a recommendation to the Council. ADJOURNMENT MOTION by Mr. Dunham, seconded by Mr. Kuechle to adjourn the meeting. " UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRRIED AND THE MARCH 3, 2004 PLANNING COMMISSION MEETING � ADJOURNED AT 8:05 P.M. Respectfully submitted, � � ?!�./ � Rebecca Brazys �,f Recording Secretary 25 � CITY OF FRIDLEY Date: To: AGENDA ITEM CITY COUNCIL MEETING OF MARCH 29, 2004 March 9, 2004 William Burns, City Manager �� From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject: Special Use Permit Request, SP #04-03, Marv Prochaska, Menard Inc. M-04-40 INTRODUCTION The petitioner representing Menard Inc., Marv Prochaska, is seeking a special use permit to allow the relocation of their yard entrance to the north side of their building. The existing yard entrance is located between the Menard's building and the Skywood Mall building. Relocating the entrance will keep all truck traffic into the yard on the north side of the building, which is where their loading docks are located. In 1996, the Menards property located at 5351 Central Avenue and the Skywood Mall property located at 5207 Central Avenue were granted special use permits to allow agencies selling or displaying recreational vehicles, boats and marine equipment, machinery, manufactured homes, or other similar enterprises having merchandise in the open and not within an enclosed structure. Essentially, this special use permit allowed a lumberyard to sell and display lumber and other associated building materials within the rear yards of the subject properties. Any change to the previously granted special use permits, requires the special use permit to be re-evaluated. Approval of SP#04-03 will replace the like special use permit granted in 1996. PLANNING COMMISSION RECOMMENDATION At the March 3, 2004, Planning Commission meeting, a public hearing was held for SP #04-03. After a brief discussion, the Planning Commission recommended approval of SP #04-03, with the stipulations as presented. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMNEDATION City Staff recommends concurrence with the Planning Commission. �� _ STIPULATIONS 1. Proposed entrance building shall comply with all state building and fire code requirements. 2. Fence installed between the Menards building and the Skywood Mall shall have a gate installed and meet the Fridley City Code Chapter 108.11.3. 3. The petitioner shall obtain any required permits prior to the start of construction. 4. The petitioner shall meet accessible parking requirements and identify stalls. 5. The proposed entrance building shall be architecturally compatible with the existing Menard's building and finished with complementary siding and color scheme. 6. Proposed landscaping along the northern property line shall be reviewed and approved by City staff prior to issuance of a building permit. 7. All light fixtures shall be of a downcast design and shall not create a horizontal glare. 8. No materials shall be stored in a manner that allows them to be viewed from a vantage point outside the fenced area or viewed from the public right-of-way. 9. The fence enclosure shall be property maintained and kept in good repair. 10. There shall be no outdoor sales of fertilizer, pesticides, or other potential pollutants. 11. Emergency access knock down panels shall be incorporated into the rear yard area for emergency purposes. 12. All emergency access routes shall be kept free from materials, display and clutter that will block or deter the safe passage of emergency vehicles. 13. All intercom devices shall be utilized in a manner and at a volume that does not negatively impact adjacent properties. 14. Access into and out of the storage area shall be clearly marked for customer clarity. 15. The property shall be kept free of all debris. 16. Outdoor storage shall be limited to lumber and associated building materials. Any sales of recreational vehicles, boats, marine equipment and manufactured homes shall require official review by City staff, the Planning Commission and approval by the City Council. 17. All landscaping shall have irrigation installed. 18. Upon renovation of the Skywood Mall, all construction dumpsters shall be removed from the site. 27 City of Fridley Land Use Application SP #04-03 March 3, 2004 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Menard Inc. Marv Prochaska 5351 Central Avenue NE Fridley MN 55432 Requested Action: Special Use Permit to allow a relocation of the yard entrance in a C-3, General Shopping District. Existing Zoning: C-3 (General Shopping District) Location: 5351 Central Avenue & 5207 Central Avenue Size: 5351 Central Ave (Menard's) — 2.58 acres 5207 Central Ave (Skywood Mall) — 1.87 acres Existing Land Use: Menard's Surrounding Land Use & Zoning: N: Interstate 694 & ROW E: Single Family & R-1 _ S: Live Inn Suites & C-3 W: Embers, Super Stop & C-3 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Sec. 205.15.01.C.(3) requires a special use permit for agencies selling or displaying recreational vehicles, boats and marine equipment, machinery, manufactured homes, or other similar enterprises having merchandise in the open and not within an enclosed structure. Zoning History: 1961 — Menard's constructed. 1965 — Building reconstructed due to storm damage. 1984 — Addition built. 1997 — Wall/lumber shed constructed. � Legal Description of Property: See packet. Public Utilities: Business is connected. Transportation: 53`d Avenue and Cheri Lane provide access to the property. Physical Characteristics: Lot consists of the Menard building, mall building, outdoor storage areas, parking lots, as well as tree-covered areas. SUMMARY OF PROJECT Mr. Prochaska, representing Menard Inc., is seeking a special use permit to allow the relocation of the yard entrance to the north side of the building in the C-3, General Shopping zoning district, which is located at 5351 Central Avenue. SUMMARY OF ANALYSIS City Staff recommends approval of this special use permit. City Staff recommends approval of this special use permit request as it is a modification to their existing special use permits SP# 96-05 (Menard's), and SP#96- 07 (Skywood Mall) which allows agencies selling or displaying recreational vehicles, boats and marine equipment, machinery, manufactured homes, or other similar enterprises having merchandise in the open and not within an enclosed structure. CITY COUNCIL ACTION/ 60 DAY DATE City Council — March 29, 2004 60 Day — March 29, 2004 Staff Report Prepared by: Stacy Stromberg � SP #04-03 REQUEST The petitioner representing Menard Inc., Marv Prochaska, is seeking a special use permit to allow the relocation of their yard entrance to the north side of their building. - The existing yard entrance is located between the Menard's building and the Skywood ' Mall building. Relocating the entrance will keep all truck traffic into the yard on the north side of the building, which is where their loading docks are located. In 1996, the Menards property located at 5351 Central Avenue and the Skywood Mall property located at 5207 Central Avenue were granted special use permits to allow agencies selling or displaying recreational vehicles, boats and marine equipment, machinery, manufactured homes, or other similar enterprises having merchandise in the open and not within an enclosed structure. Essentially, this special use permit allowed a lumberyard to sell and display lumber and other associated building materials within the rear yards of the subject properties. Any change to the previously granted special use permits, requires the special use permit to be re-evaluated. HISTORY AND ANALYSIS Both the properties at 5351 Central Avenue (Menards) and 5207 Central Avenue (Skywood Mall) are zoned C-3 General Business. The original building at 5351 Central Avenue (Menards) was constructed in 1961. In 1965, storm damage to the building required it to be reconstructed to its original design. An addition to the building was constructed in 1984 and after the 1996 special use permit was approved, the sound wall/lumber shed was built. The original mall at 5207 Central Avenue was constructed in 1964 and in 1996, Menards purchased the property. Upon purchase of the building, Menard's razed the existing 2-story office building behind the mall to expand their storage area. Menards is planning to expand their operation into the Skywood Mall and use it for their building materials department. Relocating the entrance to the north side of the building near the loading docks will allows the customer area to be safer when cross shopping between the existing store and the mall portion of their facility as it will help separate the truck traffic from the customer traffic. Because the loading docks are on the north side of the building, truck delivering products will be able to enter the north location and back up to the loading docks without having to drive beyond that point, making the yard safer to customers driving in the yard. Menards is planning to expand their lawn and garden products in the area where the yard entrance exists today. They plan to expand their lawn and garden products, especially for the Spring Bedding plant season. The proposed additional landscaping along the north property line should eliminate any adverse site lines into the yard, thus screening it from the public right-of-ways. City staff hasn't heard any comments from neighboring property owners. 29 RECOMMENDATIONS City Staff recommends approval of this special use permit request as it is a modi�cation to their existing special use permits SP# 96-05 (Menard's), and SP#96-07 (Skywood Mall) which allows agencies selling or displaying recreational vehicles, boats and marine equipment, machinery, manufacfured homes, or other similar enterprises having merchandise in fhe open and nof within an enclosed structure, subject to stipulations. STIPULATIONS Staff recommends that if the special use permit is granted, the following stipulations be attached. 1. Proposed entrance building shall comply with all state building and fire code requirements. 2. Fence installed between the Menards building and the Skywood mall shall have a gate installed and meet the Fridley City Code Chapter 108.11.3. 3. The petitioner shall obtain any required permits prior to the start of construction. 4. The petitioner shall meet accessible parking requirements and identify stalls. 5. The proposed entrance building shall be architecturally compatible with the existing Menard's building and finished with complementary siding and color scheme. 6. Proposed landscaping along the northern property line shall be reviewed and approved by City staff prior to issuance of a building permit. 7. All light fixtures shall be of a downcast design and shall not create a horizontal glare. 8. No materials shall be stored in a manner that allows them to be viewed from a vantage point outside the fenced area or viewed from the public right-of-way. 9. The fence enclosure shall be property maintained and kept in good repair. 10. There shall be no outdoor sales of fertilizer, pesticides, or other potential pollutants. 11. Emergency access knock down panels shall be incorporated into the rear yard area for emergency purposes. 12.A11 emergency access routes shall be kept free from materials, display and clutter that will block or deter the safe passage of emergency vehicles. 13.A11 intercom devices shall be utilized in a manner and at a volume that does not negatively impact adjacent properties. 14. Access into and out of the storage area shall be clearly marked for customer clarity. 15. The property shall be kept free of all debris. 16. Outdoor storage shall be limited to lumber and associated building materials. Any sales of recreational vehicles, boats, marine equipment and manufactured homes shall require official review by City staff, the Planning Commission and approval by the City Council. 17. All landscaping shall have irrigation installed. 18. Upon renovation of the Skywood mall, all construction dumpsters shall be removed from the site. K��7 � 9 � CtTY OF FRIDLEY _ TO: FROM: DATE: SUBJECT: AGENDA ITEM CITY COUNCIL MEETING OF MARCH 29, 2004 Willi�r� W. $t�j-rjs, City Manager �N M1 � Jon t1. tiau�s, Public Works Director Layne Otteson, Assistant Pubiic Works Director Marct� 24, 2004 Award of 2004�1 Street Project �� r PWtt�4-032 On Wednesday, March 24, 200�, at 10:00 a.m. bids were opened for the 200� Street Improvement Proj�ct �ftee� sets of plans and specifcations were set�t out and fou�- bids were received. The low bid was received fi-om 1`�orthwest Asphalt, Inc. of Shakopee, MI`I in the amount of �392,745.99. The bid versus budget brea�cs dou+r� as folloivs: Street Improvements Storm Sewer lmprovements Watermain Replacement Budget � s! !�! •! •�� :. �372,335.99 16,�60.00 3,950.00 A,pproximately �3�0,000 �11 be available f�or� the Cit3+"s at�t��a� State Aid populatic3n a(location for ofF-system use to offset the street improvement costs. Approximately �140,000.00 will be assessed to properly owners. Recommend the City Council receive the bids and award the 2004 Street Improvement Project I`lo. ST. 2p04� - l, to 1`�orthwest Aspha�t, �ric. of 1451 Stageaoacl� Road, �hakopee, MI`I, in the amount of �392,745.99. LO/Jtili:cz Attachments 31 BID FOR PROPOSALS 2004 STREET IMPROVEMENTS PROJECT NO. ST. 2004 -1 MARCii 24, 2fl04, i0:00 A.M. PLANHOLDER BID BOND BID ADDENDUM Northwest Asphalt Inc. United Fire & $392,745.99 Yes 1451 Stagecoach Road Cas�a�ty Shakopee MN 55379 Midwest Asphalt Corp Traveleres Casualty $405,924.47 Yes 5929 Baker Road Ste 420 Minnetonka MN 55345 Hardrives, Inc. AIA $408,367.46 Yes 14475 Quiram Drive Rogers MN 55374-9461 North Valley Inc. United Fire $447,662.77 Yes 4105 85th Ave N Ste 203 Bldg B Brooklyn Park MN 55443 Park Construction Co. Westem Surety $452,104.18 Yes 500 73rd Ave NE Ste 123 Minneapolis MN 55432 Forest La1ce Contracting Ina CNA Insurance $466,688.35 Yes 14777 Lake Drive Forest La1ce MN 55025-9461 Bituminous Roadways Inc United Fire $537,141.77 Yes 2825 Cedar Ave S Minneapolis MN 55407 Bergman Companies Inc. NO BID P O Box 659 Eau Claire WI 54702 C. S. McCrossan Construcrion Inc NO BID 7865 Jefferson Highway Maple Grove MN 55311-6240 Frattalone Paving Inc. NO BID 3230 Rice Street St Paul MN 55126-3047 Geyer Signals NO BID 4205 Roosevelt Rd St. Cloud MN 56301 Stephaniak Constructin Cn. NO BID 2839 196th Ave NE East Bethel, MN 55011 Thomas & Sons Const�ciic►� �+10 B�D POBox303 Ro ers MN 55374 32 � � � arr aF FRIDLE1f _ TO: FROM: DATE: AGENDA ITEM CITY COUNCIL MEETfNG OF MARCH 29, 2004 Wii iarx� W. Bt�rr�s, Ci Mar� ex �� I ty �g � S > Jon t1. aukaas, Public Works Director Layne Otteson, Asst Public Works Director March 23, 2044 SUBJECT: 2004 Miscellaneous Concrete Repair Project 1`l0. 355 PWO�I--031 On Wednesday, March 17, 200�, bids were opened for the 2004 Miscellaneous Concrete Repair Project 1`l0. ��5. Specifications were sent to 11 contractors and 4� bids were received. The low bid was submitted by Ron Kassa Construction of Etko, MI`l, in the amount of �71,000. The 200� project includes remedial sidewalk repair, repair of concrete street panels, and repair or replacement of concrete curb due to Wt�lity re�pairs ar driveway er�trar�ce permits. Recommend the City Council receive the bids and award the contract for the 2004 Miscelianeous Concrete Repair Project 1`l0. 355 to Ron Kassa Constr-uction in the amount of �71,000.00. Jt�itl:cz Attachment 33 BID FOR PROPOSALS MISCELLANEOUS CONCRETE REPAIR PROJECT NO. 355 MARCH 17, 2004, 10:00 A.M. PLANHOLDER BID BOND BID ADDENDUM Ron Kassa Construction Inc Old Repubtic $71,000.00 6005 250th E Elko MN 55020 BCG Construction Inc� AIA $77,082.50 3117 Salem Ave St Louis Park MN 554i6. Thomas & Sons Construction Inc Uuited Fire & $93,175.00 13925 Northdale Blvd Casaalty Rogers MN 55374 Standard Sidewalk Inc. Granite Re $94,350.00 10769 261st Street� Chisago City MN 55013 Capital Concrete NO BID 17682 121st Ave Kimball MN 55353 Curb Masters InG NO BID 500 W Poplar Street Stillwater MN 55082-4243 Gunderson Bros NO BID 2325 Snelling Ave Minneapolis MN 55404 Marcy Construction Co. NO BID 2246 Edgewood Avenue S� Louis Park MN _55.426-2823 � New Look Contractiag.Inc. NQ.BID 19696 City Rd 72 • Elk itiver. MN 55330 O'Malley Construction NO BID 35799 241st Ave LeCenter MN 56[157 United Rentals Hvay Technologies NO BID 4700 Lyndale Ave N Minnea lis MN 5�430 34 / � CRY dF FRIDLEY _ TO: FROM: DATE: SUBJECT: �CaENDA ITEM CITY COUNCIL ME-ETING OF MARCH 29, 2004 William W. Bums, City Manager �� Jon t1. fiaukaas, Public Works Director Layne Otteson, Asst Public Works Director � March Z3, 2004 Woodside Court Street Improvement Project I`lo. ST. 2004 ' 2 PW04-030 The attached resolution approves the final plans and specifications and authorizes the advertisement of bids for the Woodside Court Street lmprovement Project l`lo. ST. 2004 - 2. Recommend the City Council adopt the attached resolution to proceed with the project and to expedite the construction process. LO/Jlil-l:cz Attachment 35 RESOLUTION N0. 2004 - RESOLUTION RECEIVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR B.IDS: w00IlSSDE COURT STREET IMPROVEMENT PROJECT NO. ST. 2004 - 2 WHEREAS, Resolution No. 68 - 2003 ordered the preliminary plans, specifications and estimates of the costs thereof for the improvements in this project, and WHEREAS, the City Council of the City of Fridley approved on October 27, 2003 a Developers Agreement between the City of Fridley and Theodore Theilman, property owner of records, and Jeffrey Cruz, developer (hereinafter collectively called the "Developer") in which the Developer waives any and all procedural and substantive objections to the installation of the public improvements and the special assessments, including but not limited to hearing requirements and any claim that the assessments exceed the benefit to the property, and WHEREAS, the City Council has reviewed the preliminary report and declares th� improvement feasible, and WHEREAS, Resolution No. 69 - 2003 received the preliminary engineering report and set a public hearing for the improvements in this project, and NOW, THEREFORE, BE IT RESOLVED TBAT, the City Council of the City of Fridley, Anoka County, Minnesota, as follows: 1. That th� final plans and specifications submitted by Jon H. Haukaas, Director of Public Works, is hereby received and accepted. 2. That th� following improvements proposed by Council Resolution 68-2003 are hereby orclereci to be advertisecl for bids as soon as reasonably possible, to-wit: Street improvements including grading, stabilized base, hot- mix bituminqus mat, concrete curb and gutter, sanitary sewer mainline extension, sanitary sewer services, watermain and services, storm sewer, landscaping and other facilities. 3. That the work be incorporated in the 2004 street improvement project as ST. 2004 - 2. 4. The plans and specifications prepared by Department for such improvements and each of the Council resolutions heretofore adopted, plans and specifications are hereto attached thereof, are hereby approved and shall be Clerk. K� he Public Works them pursuant to a copy of which anci made a part filed with City � � Resolution No. 2004 - Page 2 The Director of Public Works shall accordingly prepare and cause to be inserted in the official newspaper advertisements for bids upon the makinq of such improvements under such approved plans and specifications. The advertisement shall be published for three (3) weeks (at l�ast 21 days), and shall specify the work to be done and will state the bids will be opened and considered in the Council Chambers of the Fridley Municipal Center and that no bids will be considered unless sealed and filed with the Director of Public Works and accompanied by a cash deposit, bid bond, or certified check payable to �he City for five percent (50) of the amount of such bid. That the advertisement for bids for Woodside Court Street Improvement Project No. ST. 2004 - 2 shall be substantially in the standard form. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 29th DAY OF MARCH 2O04. ATTEST: DEBRA A. SKOGEN - CITY CLERK SCOTT J. LUND - MAYOR 37 AGENDA ITEM C1TY COUNCIL MEETING OF MaRCH 29, 2004 CI77 OF FRIDLEY TO: Wiltiarrj W. $ui-ns, Cily Mat�ager c�jY PW04-025 _ � FROM: Jon tl. liaukaas, Public Works Director DATE: Marcfi �, 2fl04 SUBJECT: Change Order 1`l0. 1: Sanitary 8� Storm Sewer Lining Project I`lo. 354 Our contractor for this year's sewer lining project, Micheis Pipeline Construction, has proposed substituting lining of the en#�re stort� sevve� segr�er�t or� 75�' Aver�t�e instead of a cor�bir�ation lining and joint sealing. They wouid be able to significantly reduce the per foot cost of lining by doing the longer stretch. The advantage of lining is that it provides a smooth interior and more perrnanent solution. The joint sealing would create places fc�- debris to cat�.h at�d wowld �et�t�i�-e �e�ai�s or replaceme�t i� another 10 to 15 years. We are recommending the City Council accept this proposal to eliminat� (1) Joint sealing oF 496 LF of 36° �CP a� �40.00/foot (2) Lining of 142 LF of 36° RCP at �141.50/foot for a total deduction of �39,J33.00. And add: (ll lining of 638 LF of 36" RCP at �101.00/foot for a total addition of �64,438.00. �'he r�et cost of Change O�-de�- 1`l0. 1 is �24,505.00. Recommend the City Council approve Change Order I`lo. 1 to the Sanitary and Storm Sewer Lining Project I`!o. 354 to Michels Pipeline Construction for a net add amount of �2�,505.00, making a revised c.c�rjtract ar�ount of �127,083.00. _ Jt1Ft:cz Attachment �? � � CITY OF FRIDLEY F,I`IGINEERII`IG DEPARTMENT 6431 UNIVERSITY AVENUE N.E. FRIDLEY, MN 55432 March 28, 2004 Michels Pipeline Construction 16500 West Rogers Drnre I`�ew Beriin, WI 53151 SUBJECT: Change Order I`lo. 1, Sanitary 8� Storm Sewer Lining Project I`lo. 354 Gentlemen: You are hereby ordered, authorized, and instructed to modify your conh-act for the Sanitary and Storm Sewer Lining Project I`fo. 354 by adding the following work Item DEDUCTIOI`IS 1 Joint Sealing 36' RCP 2 36' RCP Lining Total Deductions ADDITIOI`IS 1 36' RCP Lining Total Addition TOTAL CFIANGE ORDERS: Original Contract Amount Coniract Deductlons CO I`lo. 1 Contract Additions � CO I`lo. 1 Quantity Unit Unit Cost Total Cost �-96 [..F 4A.00 19,8�U.00 142 LF 141.50 20,093.00 39,933.00 638 L.F 101.00 64,438.00 6�,A�38.00 102,578.00 39,933.00 64,438.00 �� REVISED COI`ITRACT AMOUI`IT $ 127,083.00 39 Michels Pipeline Construction Change Order I`lo. 1 March 28, 2004 Page 2 Submitted and approved by Jon ft. tlaukaas, Public Works Director, on the 28�' day of March, 2004. Prepared by � Checked by �� --- Jon ti. tiaukaas, P.E. Director of Pubiic Works Approved and accepted this day of , 200� by MICtiELS PIPELIhE CONSTRUCTtOn Signature Approved and accepted this day of , 200� by CITY OF FR[DLEY Scott J. Lund, Mayor William W. Bums, City Manager Approved and accepted this day of , 2004 by Metro Division Assistant State Aid Engineer 40 � � �yri.. `� -��; . .. . ��s��sw7 ��11� � C��w7 i �V V s ��i, SPECIALISTS IN UTILITY CONSTRUCTION March 3, 2004 Jon H. Haukaas, P.E. Director of Public Works Department of Public Works ' City of Fridley 6431 University Ave., N.E. Fridley, Minnesota 55432 Re: Sanitar� and Storn Sewer Liniiig Project No. 354 Dear Mr. Haukaas, Michels Pipeline Construction proposes to line the 638 L.F. of storm sewer on the above contract per your discussions with Bob Ratz of Michels Pipeline Construction. To delete bid item #6; 36" RCP Storm Sewer Lining 142 L.F. @ $141.50/L.F.= $20,093.00 To delete bid item #7; 36" RCP Joint Sealing 496 L.F. @ $40.00/L.F. _ $19,840.00 Total deduction $38,933.00 To add 36" RCP Storm Sewer Lining, using 36"x13.5mm CIPP 638 L.F. @$101.00/L.F. _ $64,438.00 Please contact myself or Mike Krosnosky if you have any questions. Regards, �L��,,,, /�C e�!�� William M. Weltin, P.E. Vice President cc: Bob Ratz-Minnesota Office OFFICE: 16500 W. Rogers Drive New Berlin, WI 53151 (262) 814-0100 • FAX (262) 814-0300 41 WEBSITE: WWW.MICHELS-USACOM E-MAIL: PIPELINE�MICHELS-USA.COM r � CRY OF FRIDLtY TO: FROM: DATE: SUBJECT: AGENDA ITEM CITY COUNCIL MEETING OF MARCH 29, 2004 William W. Burns, City Manager ,� �,� � � e� Jon t1. tlaukaas, Pubiic Works Director March 26, 2004 Amendment to License Agreement PW03-033 In 1997, the City approved a License Agreement to Joseph and Linda I`lelson, 1357 64"' Ave l`lE, allowing them to install and maintain an irrigation system and a driveway in an area encroaching on a City easement The 1`lelson"s are now in negotiations to sell their property and the Title Attorney has found a discrepancy in the legal description of the easement which clouds the title. The attorney has proposed the attached Amendment to License Agreement to resolve this problem. The City Attomey, Community Development Director and myself have reviewed the amendment and agree that this correction is in the best interest of the City and the properly owners. Recommend the City Council approve the attached Amendment to License Agreement so we can have it recorded at Anoka County on this property. JFiti:cz Attachment 42 STATE OF MINNESOTA AMENDMENT TO LICENSE AGREEMENT COUNIY OF ANOKA THIS RGfiEEMENT, dated this day of March, 2004, by and betwsen the City of FriCley, a muniapal corporallon (herelnaRe� referred ta as "the City"j and Joseph J. Nelson and Linda P. Nelsnn, husband and wlte - (herenaher refetred to as'Nelsons'j. WHEREAS, thc Nelsons are owners of the west 75 feet of the east 109 feet of Lot 20, Blodc 1, Spring Velley Addklon, Rnoka, Minnasota (hereinafter r�ferred to as the "Subjsd Property"); and WF{[RE.AS, tha City and the Nelsons previously entered into a Ltcense Apreement dated Juy 16, 1997, and recorded with tho Anoka County Rocorder of posds as document no. 1293081 granting a ficense far maintonanco of a lawn irrigation system (heroinafter referrod to as the °Lioense AqreemeM"); and WHEREAS, that agreement erroneousty described an udlity and road easement reserved by the City as a 34 fuol slraei easemerrt over the entire width of said property; and WNEREAS, ihe corred legal descriptlon of the Citys utility and road easement is set forth In a document dated Fabru�y 22,1974, reoorded with the Anoka County ReCOrder oi Deeds as document no, 405434 as fallows: A street and utility easement descxibed as tollows: Alf that part of Lot 20, Block 1, Spring Valley Addition lying southerly and easterty of tha foltowing d�scrlbed Ilne; Beglnning at She northeast comer of Lot 20, Block 1; thenca west along the north Ifn6 ot said Lot 20 a distance of 3� teet, thence south along a pne parall�l with the 34 feet west of the aast GAe of seid Lot 20 a distanr.� of 115 feeC thence deflect to the rlght along a Ilne in a southwestsry diredion to Its potrd of intersect'�on with the south Ane oi Lot 20, sald point being 44 feet west of the southeast Comer of sald Lot 20, All tying in the south half of Section 13, Townshlp 30, Range 24, Clty oF Frfdley, County of Anoka, State of Minnasota. NOW THERtFORE, it is agreed betwraen the pa�ies as foNows: The parties agree that descrlpflon � the Easemen! held by the City of Fridley set forth In the Llcense Agreemonl was for descripthre purposes only, and ihe L'�censa Agreement was rwt intended to, and doea not expand, reduce, or otherwlse modify the land granted and legalty deseribeQ In tha Easement created by dxament dated Febn�ry 22,1974, recorded wlth the Anoka County Recorcler of Deeds as document no. 405434. All other pro�sions of U,e License Agreement shal! remaln fn full for� and e!!ecl. IN W�TNESS TNEREOF, the pafies la ltiis A9reement have affbced their signature to thls Agresrnent on the daie first merdianed in this P�qroement. CITY OF FRIDLEY 13Y: Its Mayor eY: Its Gty Manager 43 STATE OF MINNESOTA ) ) s.s. COUNTY OF ANOKA ) The �vrcgoug wes acknowledged before tno thls ^, day ot March� 2004. bY the Nlayor� and by , the CIly Ma�aper, ct the Cit�r of Frldiey, a MuNclpal � C.orporetl�oti orpanized undar the taws � the Stete of Minneeota, on behalf of the Municipa( Corporation, Notary Pubiic Seat: Joseph J. Netson Unda P. Nefson STATE OF MINNESOTA ) ) s.s. COUNTY OF ANOKA ) The foregoing was adcnowledged betore me this ,_, day oi March. 2004, by Jo6eph J. Nelson and Unda P. Nelson, husband and wife, who psrsonapy appeared before me, to me knovm to be the persons descn'bed In end who executed the faregoing Instn�ment and adcnowiedged that they e�ted the same as their tree act and deed. Notary Pubqc Seal: 44 / � G1Y OF FRIDLEY To: � From: _ Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF March 29, 2004 William W. Burns, City Manager �' John Berg, Fire Chief March 22, 2004 Joint Powers Agreement to allow cooperative bid for Self Contained Breathing Apparatus A joint powers agreement was drafted to a11ow the Fire Departments serving Anoka, Champlin, Columbia Heights and Fridley to bid jointly on Self Contained Breathing Apparatus in an effort to obtain the best possible price by bidding a larger number of SCBA than could be bid alone. MN Statute 471.345, subd.l5 says that when bidding cooperatively the alliance or cooperative must have been created by a joint powers agreement and should be made using a formal council action. The attached joint powers agreement was drafted by Jim Hoeft, attorney for the City of Columbia Heights and reviewed and approved by Fritz Knaak, Fridley City Attorney. Staff recommends approval of Joint Powers Agreement. 45 JOINT POWERS AGREEMENT 2004 JOINT PURCHASE OF SELF CONTAINED BREATHING APPARATUS (SCBA) This Joint Powers Agreement ("Agreement") is by and between the cities of _ Anoka/Champlin, Columbia Heights, and Fridley (hereinafter individually the"City" and collectively the "Cities"). WHEREAS, the Cities have a common need to purchase like equipment; WHEREAS, the Cities have recognized that there is a financial benefit that will be realized should they combine together for bidding purposes in search of one common contractor; WHEREAS, Minn. Stat. § 471.59 provides for the joint exercise of common or similar powers by governmental units and also provides that any one governmental unit may perform on behalf of another governmental unit any service or function which that unit would be authorized to perform for itself; NOW, THEREFORE, by virtue of the powers granted by law and in consideration of the mutual covenants and agreements of the parties hereto, it is agreed as follows: 1. Purpose. The Cities agree that they have joined together for the purpose of obtaining a common bid on Self Contained Breathing Apparatus (SCBA) and with the expectation that the cost to each individual city would be less as a result of this Agreement. 2. Method. Subject to the provisions of this Agreement, AnokalChamplin sha11 prepare any _ plans, specifications, bid proposals and advertise for bids for the replacement of each _ department's self contained breathing apparatus. Shortly after the execution of this Agreement, Anoka will provide each City with a bid forxn for the specifications for the SCBA's. Within Five(5) days after receipt of the bid form, each City shall provide to Anoka their estimated 2 46 quantities for the various SCBA's and options anticipated. If a City fails to return the bid form within Five (5) days, Anoka/Champlin may, at it's own discretion, exclude That City from the bidding process. 3. Bid and Award. After receiving the bid quantities from each participating City, Anoka/Champlin shall prepare fmal plans and specifications and advertise for bids in accordance = with state law. Anoka/Champlin shall tabulate the bids upon their receipt and make a recommendation of awazd to the Cities. The Cities shall have Thirty (30) days after receipt of the recommendation of award to provide Anoka/Champlin with written approval or rejection of Anoka/Champlin's recommendation of award. Cities that reject or fail to respond to Anoka/Champlin's recommendation shall be excluded from the bid award. After receiving the approvals described herein, Anoka/Champlin sha11 award the SCBA contracts pursuant to state law. 4. Rejection of Bid Proposals. Prior to awarding the bid each City shall reserve the right to reject any and a11 bids and further reserves the right to award the contract in the best interests of the cities. 5. Responsibilities. Each City shall be individually responsible for: a. preparing specific options for each department's needs; b. estimating the quantities; and c. advertising in their local official newspaper. 6. Payments. In accordance with the specifications, a contractor will be chosen from the bids r received. Each City sha11 pay invoiced amounts directly to the contractor and shall hold harmless Anoka/Champlin from any said amounts owed. 3 47 7. Indemnification. The parties mutual agree to indemnify and hold each other harmless from all claims, demands, and causes of action of any kind or character, including the cost of defense thereof, resulting from the acts or omissions of their respective councilmember, officers, officials, agents and employees relating to activities conducted under this Agreement. 8. Termination. This Agreement will automatically termina.te on September 30, 2004. -- However, a City may choose not to participate by not responding to any of the deadlines set forth __ in this Agreement. 9. Representations. Each of the Cities represent that its goveming body has duly authorized the execution and delivery hereof, and that upon such execution and delivery, this Agreement will be binding as against such party. 10. Miscellaneous. This Agreement constitutes the entire agreement of the parties on the matter related hereto. This Agreement shall not be altered or amended, except by agreement in writing signed by the parties hereto. If any provision of this Agreement shall be held invalid, illegal, or unenforceable by any court of competent jurisdiction, this Agreement in its entirety shall be null and void. This Agreement may be simultaneously executed in several counter parts, each of which shall be an original and all of which shall constitute but one and the same instrument. This Agreement shall be construed in accordance with the laws of the State of Minnesota. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by the duly authorized officers of their respective governing bodies as of the Dates set forth below. ` 4 48 CITY OF COLUMBIA HEIGHTS By: Mayor By: . City Manager Dated; : CITY OF FRIDL�Y By: Mayor By: City Manager Dated; ANOKA/CHAMPLIN FIRE BOARD Fire Board Chair 5 49 Dated; � � crrr aF FRIDLEY To: From: Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF MARCH 29, 2004 William W. Burns, City Manager��° John Berg, Fire Chief March 22, 2004 Approval of North Suburban Regional Mutual Aid Agreement The North Suburban Regional Mutual Aid Association (NSRMAA) Agreement is a joint powers agreement that allows fire departrnents who suscribe to NSRMAA to respond to other cities and receive help from other departments without incurring additional cost or liability. Fridley has worked under this agreement for mutual aid for a number of years. In 2003 the NSRMAA made changes to "Charges to the Requesting Party" so that departments may charge for calls over 10 hours so that cities have the ability collect and add mutual aid costs to requests for Federal Emergency Management Agency (FEMA) money in the event of a large incident. Sta,ff is recommending approval � � North Suburban Regional Mutual Aid Association Mutual Aid A�reement Purpose This agreement is made pursuant to Minnesota Statutes 471.59 which authorizes the joint and cooperative exercise of powers common to contracting parties. The intent of this agreement is to make equipment, personnel and other resources available to political subdivisions from other political subdivisions. Definitions �- 1. "Party" means a political subdivision. 2. "Requesting Official" means the person designated by a Party who is responsible for requesting Assistance from other Parties. 3. "Requesting Party" means a party that requests assistance from other parties. 4. "Responding Official" means the person designated by a party who is responsible to determine whether and to what extent that party should provide assistance to a Requesting Party. 5. "Responding Party" means a party that provides assistance to a Requesting Party. 6. "Assistance" means fire and/or emergency medical services personnel and equipment. Procedures 1. Request for assistance. Whenever, in the opinion of a Requesting Official, there is a need for assistance from other parties, the Requesting Official may ca11 upon the Responding Official of any other party to furnish assistance. 2. Response to request Upon the request for assistance from a Requesting Party, the Responding Official may authorize and direct hislher party's personnel to provide assistance to the Requesting Party. This decision will be made after considering the needs of the responding party and the availability of resources. 3. Recall of Assistance. The Responding Official may at any time recall such assistance when in his or her best judgment or by an order from the governing body of the Responding Party, it is considered to be in the best interests of the Responding Party to do so. 4. Command of Scene. The Requesting Party shall be in command of the mutual aid scene. The personnel and equipment of the Responding Party shall be under the direction and control of the Requesting Party until the Responding Official withdraws assistance. 51 Workers' compensation Each party shall be responsible for injuries or death of its own personnel. Each party will ma.intain workers' compensation insurance or self-insurance coverage, covering its own personnel while they are providing assistance pursuant to this agreement. Each party waives the right to sue any other party for any workers' compensation benefits paid to its own employee or volunteer of their dependants, even if the injuries were caused wholly or partially by the negligence of any other party or its officers, employees, or volunteers. Damage to equipment � Each party shall be responsible for damages to or loss of its own equipment. Each party waives the right to use any other party for any damages to or loss of its equipment, even if the damages or losses were caused wholly or partially by the negligence of any other party or its officers, employees, or volunteers. Liability 1. For the purposes of the Minnesota Municipal Tort Liability Act (Minn. Sta.t. 466) the employees and o�cers of the Responding Party are deemed to be employees (as defined in Minn. Stat. 466.01, subdivision 6) of the Requesting Party. 2. The Requesting Party agrees to defend and indemnify the Responding Party against any claims brought or actions filed against the Responding Party or any officer, employee, or volunteer of the Responding Party for injury to, death of, or damage to the property of any third person or persons, arising from the performance and provision of assistance in responding to a request for assistance by the Requesting Party pursuant to this agreement. Under no circumstances, however, shall a party be required to pay on behalf of itself and other parties, any amounts in excess of the limits on liability established in Minnesota Sta.tutes Chapter 466 applicable to any one party. The limits of liability for some or a11 of the parties may not be added together to determine the maximum amount of liability for any party. The intent of this subdivision is to impose on each Requesting Party a limited duty to defend and indemnify a Responding Party for claims arising within the Requesting Party's jurisdiction subject to the limits of liability under Minnesota Statutes Chapter 466. The purpose of creating this duty to defend and indemnify is to simplify the defense of claims by eliminating conflicts among defendants, � and to permit liability claims against multiple defendants from a single occurrence to be defended by a single attorney. 3. No party to this agreement nor any officer of any Party shall be liable to any other Party or to any other person for failure of any party to fiarnish assistance to any other party, or for recalling assistance, both as described in this agreement. 52 Charges to the Requesting Party Subd. 1. No charges will be levied by a Responding Party to this agreement for assistance rendered to a Requesting Party under the terms of this agreement unless that assistance continues for a period of more than ten (10) hours, or as provided in Subd. 2. If assistance provided under this agreement continues for more than ten (10) hours, the Responding Party will submit to the Requesting Party an itemized bill for the actual cost of any assistance provided after the initial ten (10) hour period, except as provided in Subd. 2, - including wages for personnel, materials and supplies, and other necessary expenses; and � the Requesting Party will reimburse the party providing the assistance for that amount. = Subd. 2. The Responding Party sha11 submit to the Requesting Party an itemized bill for expendable materials which shall include, but shall not be limited to foam concentrate; hazardous materials supplies such as absorbent booms and pads, hazmat suits, etc.; and misc. expenses such as cellular phone air time, and any other extraordinary expense for incidents where assistance is not more than ten (10) hours and the Requesting Party will reimburse the party providing the assistance for that amount. Subd. 3. Such charges are not contingent upon the availability of federal or sta.te government reimbursement funds. Duration Any party may withdraw from this agreement upon thirty (30) days written notice to the other party or parties to the agreement. Egecution Each party hereto has read, agreed to and executed this Mutua,l Aid Agreement on the da.te indicated. Fee schedule will be consistent with the most recent Minnesota Department of Natural Resources Fire Department Equipment Rate Schedule, and the most recent Federal Emergency Management Agency rate schedule for equipment and apparatus. Where there is a conflict in the rate schedules for similar equipment, it sha11 be decided in favor of the higher rate. The cost of wages for personnel shall be actual costs including hourly wage or salazy and benefits. The cost of expendable supplies sha11 be the cost for replacement to the Responding Party. The cost of misc. expenses shall actual costs to the Responding Party. Date Entity By Fire Chief Date Endty By Governing Authority 53 ! � QTY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF MARCH 29, 2004 To: William. W. Burns, City Manager �c�� From: Richard D. Pribyl, Finance Director Debra A. Skogen, City Clerk Date: March 15, 2004 � Re: Blaine Jaycees Gambling Premise Permit Renewal Application — Fridley Crab House Music Cafe, 6161 Highway 65 NE Section 30 of the Fridley City Code allows Lawful Gambling by a licensed organization. The Blaine Jaycees are currently conducting charitable gambling at Fridley Crab House Music Cafe located at 6161 Highway 65 NE; however, their lease will expire on June 30, 2004. The renewal application requires a resolution of approval from the City Council. If approved, the premise permit would become effective July 1, 2004. Please find a resolution for the premise permit application. Staff recommends approval of the premise permit by adoption of the attached resolution. 54 RESOLUTION NO. 2004- RESOLUTION IN SUPPORT OF AN APPLICATION FOR ` A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT FOR BLAINE JAYCEES (FRIDLEY CRAB HOUSE MUSIC CAFE) "_ WHEREAS, the City of Fridley has been served with a copy of an Application for a Minnesota LawFul Gambling Premise Permit Renewal for the Blaine Jaycees; and - WHEREAS, the location of the Premise Permit is for the Fridley Crab House Music Cafe, 6161 Highway 65 Northeast and the Lawful Gambling would become effective July 1, 2004; and WHEREAS, the City of Fridley has found no reason to restrict the location for the charitable gambling operation. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley approves the Minnesota Lawful Gambling Premise Permit Application for the Blaine Jaycees at Fridley Crab House Music Cafe located at 6161 Highway 65 Northeast. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 2004. ATTEST: DEBRA A. SKOGEN - CITY CLERK 55 SCOTT J. LUND - MAYOR 2004 CITY OF FRIDLEY COMMISSION TERMS Term Present Members Expires Appointee PLANNING COMMISSION (Chapter 6) (7 Members - 3 Year Term) GENERAL Diane Savage 4-1-06 CHAIR VICE-CHAIR CHAIR David Kondrick 4-1-06 PARKS & REC. CHAIR Barbara Johns 4-1-04 ENVIRON. QUALITY CHAIR Larry Kuechle 4-1-05 APPEALS COMM. AT LARGE LeRoy Oquist 4-1-04 AT LARGE Dean Saba 4-�-04 AT LARGE Brad Dunham 4-1-05 APPEALS COMMISSION (Chapter 6)(5 Members - 3 Year Term) CHAIR Larry Kuechle 4-1-05 Gary Zinter 4-1-06 Kenneth Vos 4-1-05 Blaine Jones 4-1-04 Susan Jackson 4-1-06 ENVIRONMENTAL QUALITY (Chapter 6) (7 Members — 3 Year Term) AND ENERGY COMMISSION CHAIR Barbara Johns 4-1-04 VICE- Jack Velin 4-1-05 CHAIR Richard Svanda 4-1-06 Barbara Kovacic 4-1-06 Anne Andrews 4-1-05 Michelle Maher 4-1-04 Vacant 4-1-04 56 I -_ � -_ � � Term Present Members Ex ires Appointee PARKS AND RECREATION COMMISSION (Chapter 6) (5 Members-3 Yr. Term) CHAIR David Kondrick 4-1-06 VICE- Richard Young 4-1-04 CHAIR Delores Varichak 4-1-05 Marcy Sibell 4-1-06 Tim Solberg 4-1-04 CABLE TELEVISION COMMISSION (Sec. 405.28)(5 Members-3 Yr. Term) CHAIR Burt Weaver 4-1-05 VICE- Dianne McKusick 4-1-06 CHAIR Robert Scott 4-1-06 Brad Sielaff 4-1-05 Vacant 4-1-04 HOUSING AND REDEVELOPMENT AUTHORITY (5 Members - 5 Year Term) CHAIR Larry Commers 6-9-04 VICE- Virginia Schnabel 6-9-05 CHAIR Jay Bajwa 6-9-07 John E. Meyer 6-9-06 Pat Gabel 6-9-08 57 � � Cfi7 QF FRIDLEY Name Jeffrey Jensen Jane Oster AGENDA ITEM CITY COUNCIL MEETING OF MARCH 29, 2004 Position Streets Supervisor Exempt Acc't'g/Data Proc'g Clerk/ Purchasing & Utility Billing Non-exempt Dir. of Public Safety Exempt Appointment Starting Sala $23.24 per hour $15.63 per hour $39.35 per hour 58 Starting Date May 1, 2004 March 30, 2004 May 1, 2004 Replaces Kenneth Holmstrom Sandra Hara David Sallman � � CI7'Y dF FRIDLEY � � AGENDA ITEM COUNCIL MEETING OF MARCH 29, 2004 CLAIMS 115695 -115956 59 E � crrr aF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF MARCH 29, 2004 LICENSES Tvpe of Licease FOOD Fresco Juice Company 1200 E. Moore Lane DR Fridley, NiN 55432 '-- Gloria Xanthos MASSAGE /MASSEUSE Teresa Kaus Teresa Ka.us 2518 Quincy St. Mpls, MN 55418 .� Approved By: Public Safety City Clerk Public Safety Fees: $45 no fee I •- I -: � � � � CITY aF FItiDLEY AGENDA ITEM CITY COUNCIL MEETING OF MARCH 29, 2004 LICENSES - RENEWALS Tvpe of License 3.2% MALT LIQUOR Cub Foods 246 57�' Ave NE Fridley, MN 55432 Sam's Club #6310 8150 University Ave NE Fridley, MN 55432 :_ James Stoffel David Bullington FOOD Ben Thanh Oriental Grocery Jennifer Nguyen 6566 University Ave NE Fridley, MN 55432 Bona Bros Food & Fuel Jacqueline Bona 5311 University Ave NE Fridley, MN 55421 Billiard Street Cafe 7178 University Ave NE Fridley, MN 55432 Bob's Produce Ranch 7620 University Ave NE Fridley, MN 55432 Chanticlear Pizza 1262 East Moore Lake Dr Fridley, MN 55432 Cub Foods 246 57th Ave NE Fridley, MN 55432 Freedom Valu Center 7600 University Ave NE Fridley, MN 55432 Greg Asproth Michael Schroer Keith Moeller James Stoffel Gary Vander Vorst 61 Approved By: Public Safety Fire Inspector City Clerk Public Safety Fire Inspection City Clerk Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Fees: $60 $60 $45 $45 $45 $45 $45 $45 $45 Tvpe of License � FOOD (CONTINUED) Fresco Juice Company Gloria Xanthos 1200 E. Moore Lane DR Fridley, MN 55432 Fridley American Legion Madeleine Saltness 7365 Central Ave NE Fridley, MN 55432 Fridley Dairy Queen Kathy Kraus 225 Osborne Rd NE Fridley, MN 55432 Godfather's Pizza John Tidd 7910 University Ave NE Fridley, MN 55432 Joe DiMaggio's Sports Baz George Vespa 1298 East Moore Lake Dr NE Fridley, MN 55432 Knights of Coluxnbus Joe Mercie 6831 Highway 65 NE Fridley, MN 55432 Mr. Discount Tobacco Bilil Hairdari 315 Osborne Rd NE Fridley, N1N 55432 Quizno's Subs Hiep Pho 7610 University Ave NE Fridley, MN 55432 River Boat Food & Fuel Mohamed-Said Zaro 7883 East River Rd Fridley, MN 55432 Sam's Club #6310 David Bullington 8150 University Ave NE Fridley, MN 55432 Tazget Store T-8 Carole Helmin 755 53`a Ave NE Fridley, MN 55421 62 Approved By• Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Public Safety Fire Inspection Community Development Public Safety Fire Inspector Community Development Fees: $45 $45 $45 $45 $45 $45 $45 $45 $45 $45 $45 I -_ I o. . _ . _ Tvpe of License TOBACCO Billiard Street Cafe 7178 University Ave NE Fridley, MN 55432 Bona Bros Food & Fuel 5311 University Ave NE Fridley, NIN 55421 Cub Foods 246 57�' Ave NE Fridley, MN 55432 � Greg Asproth Jacqueline Bona James Stoffel Freedom Valu Center Gary Vander Vorst 7600 University Ave NE Fridley, MN 55432 Fridley American Legion Madeleine Saltness 7365 Central Ave NE Fridley, NIN 55432 Fridley Liquor #2 Kyle Birkholz 6289 Highway 65 NE Fridley, MN 55432 Fridley Liquor #3 Kyle Birkholz 248 57th Ave NE Fridley, MN 55432 Joe DiMaggio's Sports Baz George Vespa 1298 East Moore Lake Dr NE Fridley, MN 55432 Mr. Discount Tobacco Bilil Hairdari 315 Osborne Rd NE Fridley, MN 55432 River Boat Food & Fuel Mohamed-Said Zaro 7883 East River Rd Fridley, MN 55432 Sam's Club #6310 David Bullington 8150 University Ave NE Fridley, MN 55432 63 Apuroved Bv: Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Public Safety Fire Inspector Public Safety Fire Inspector Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Public Safety Fire Inspection Community Development Fees: $125 $125 $125 $125 $125 no fee no fee $125 125 $125 $125 , Tvpe of License � RETAIL GASOLINE Bona Bros Food & Fuel Jacqueline Bona 5311 University Ave NE Fridley, MN 55421 Freedom Valu Center Gary Vander Vorst 7600 University Ave NE Fridley, MN 55432 River Boat Food & Fuel Mohamed-Said Zaro 7883 East River Rd Fridley, MN 55432 BILLIARDS Billiard Street Cafe Greg Asproth 7178 University Ave NE Fridley, MN 55432 Fridley American Legion Madeleine Saltness 7365 Central Ave NE Fridley, MN 55432 CHARITABLE GAMBLING Fridley American Legion Madeleine Saltness 7365 Central Ave NE Fridley, MN 55432 Joe DiMaggio's Sports Bar George Vespa 1298 East Moore Lake Dr NE Fridley, MN 55432 Knights of Columbus Joe Mercie 6831 Highway 65 NE Fridley, MN 55432 MANAGERIAL LIQUOR DISPENSING Joe DiMaggio's Sports Bar George Vespa 1298 East Moore Lake Dr NE Fridley, MN 55432 FIREARMS Stanton O. Berg Stanton O. Berg 6025 Gardena Lane NE Fridley, MN 55432 64 Approved By: Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Public Safety Fire Inspector CommuniTy Development Public Safety City Clerk Public Safety City Clerk Public Safety City Clerk Public Safety Public Safety Fees: $60 $60 $60 � $380 $40 $300 $300 waived $10 $25 I -_ � . _ Tvue of License � TREE REMOVAL 8� TREATMENT Arbor Design Tree Service Donald Lawrence 7300 Noble Ave N Brooklyn Center, MN 55429 Northeast Tree, Tnc Lynn Welles 2527 Jackson St NE Mpls, MN 55418 Rainbow Tree Company Lori Mordaunt 7009 19th St N Oakdale, MN 55128 Reliable Tree Service Peter Vagovich 6600 Brookview Dr Fridley, MN 55432 S& S tree & Horticultural Specialists 405 Hardman Ave Steven Sylvester So. St. Paul, MN 55075 Viking Land Tree Care, Inc Dale Schwerin 6501 Maple Dr Rockford, MN 55373 REFUSE HAULERS Ace Solid Waste Dennis Fredrickson 6601 McKinley St NW Ramsey, MN 55303 BFI of the Twin Cities Bastian Van Hofwegen 8661 Rendova St Circle Pines, MN 55014 Boone Trucking, Inc Joseph Boone 1516 Marshall St NE Mpls, MN 55413 Keith Krupenny & Son Disposal Service 1214 Hall Avenue Keith Krupenny West St. Paul, MN 55118 Larry's Quality Sanitation Lawrence Saba 17210 Driscoll St NW Ramsey, MN 55303 65 Approved By: Public Works Public Works Public Works Public Works Public Works Public Works Public Safety City Clerk Community Development Public Safety City Clerk Community Development Public Safety City Clerk Community Development Public Safety City Clerk Community Development Public Safety City Clerk Community Development Fees: $60 �, . � $60 $60 $60 $60 $120 $285 $60 $60 �,�� Tvpe of License REFUSE NAULERS Randy's Sanitation 4351 U.S. Hwy 12 SE Delano, MN 55328 : Randall Roskowiak Vasko Solid Waste Paul Leding 309 Como Ave St. Paul, MN 55103 Veit Container Corp Steve Halgren 14000 Veit Place Rogers, MN 55374 Walters Recycling & Refuse Eric Sederstrom P.O. Box 67 Circle Pines, Mn 55014 Waste Management of MN Ervin Hofstedt 10050 Naples St NE Blaine, MN 55449 HOTEL/MOTEL Budget Host Inn 6881 Hwy 65 NE Fridley, MN 55432 Divyesh Bhakta LivInn Suites, Ltd Kiley Lyke 5201 Central Ave NE Fridley, MN 55421 MOTOR VEHICLE BODY REPAIR City Collision & Glass Jeremy Peterson 6501 East River Rd Fridley, MN 55432 Fridley Auto Body Harry Herrman 960 Osborne Rd Fridley, MN 55432 Friendly Chevrolet Ronald Stelter 7501 Hwy 65 NE Fridley, MN 55432 .. Approved By: Public Safety City Clerk Community Development Public Safety City Clerk Community Development Public Safety City Clerk Community Development Public Safety City Clerk Community Development Public Safety City Clerk Community Development Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Fees: $180 �, . � $75 $90 $195 $240 $610 $150 $150 $250 I Tvpe of License � JUNK YARDS Central Auto Parts Jerry Haluptzok 1201 73 '/z Ave NE Fridley, MN 55432 USED MOTOR VEHICLE DEALER Friendly Chevrolet Ronald Stelter 7501 Hwy 65 NE Fridley, MN 55432 PAWN SHOPS Pawn America Bradley Rixman 789 53`a Ave NE Fridley, MN 55421 67 Approved By: Public Safety Fire Inspector Public Safety Fire Inspector Community Development Public Safety Fees: $350 $250 $3,000 City of Fridley AGENDAITEM City Council Meeting Of Monday, March 29, 2004 � Gas Services Combustion Heat S Power Inc 242 Fiilmore Ave E Donald Moore St Paul MN 55107- General Contractor-Commercial Glen Barteiis Contracting 13127 Pleasant Place Glen Bartelis Bumsville MN 55337- Grussing Roofing 4305 Shady Oak Rd Guy Grussing Hopkins MN 55343- JDK Construction Inc 6685 Sioux Trail Jerome Klonne Greenfield MN 55373- General Contractor-Residential Norcon Generai Contractors Inc (6705) 15123 Fox St NW Bill Cin Andover MN 55304- S� S Construation 8� Maintenance (20103508) 25634 198 St NW Davin Sowden Zimmerman MN 55398- Heatin Windsor Companies 1175 E Hwy 36 Jce Cemey St Paul MN 55109- .: Approved Bv: Ron Julkowski Building Oificial Ron Julkowski Building Officiai Ron Julkowski Building Official Ron Julkowski Building Oificial State of M N State of MN Ron Julkowski Building Officiai � � 0 0 PlumbinA A B 8� B Plumbing Inc 25593 109 NV1/ Zimmerman MN 55398- Aqua City Plumbing Inc 5428 Nicollet Ave S Minneapolis MN 55419- � Brian Ventsch Dave Vogelgesang � � Approved Bv: State of MN State of M N � AGENDA iTEM CITY COUNCIL MEETING OF MARCH 29, 2004 °TM °F ESTI MATES FRIQLEY Hardrives, Inc. 14475 Quiram Drive Rogers, MN 55374-9461 _ � .- � 2003 Street Improvement Project No. ST. 2003 - 1 EstimateNo. 8 ....................................................................................... $23,703.19 70 � � AGENDA ITEM � CITY COUNCIL MEETING OF MARCH 29, 2004 GTY OF FRIDLEY Date: March 12, 2004 � To: William Burns, City Manager�� From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject: Public Hearing To Declare A Certain Parcel Of City Owned Real Estate Surplus And Authorize The Transfer Thereof M-04-42 INTRODUCTION In December 2003, the City Council authorized a lot split and land swap that created the lot on the corner of Ely Street and Ashton Avenue. After discussions with both the City and the HRA attorney, on how to best dispose of the buildable lot, it was determined that the HRA should ptay a role in the disposal of the property with the sale proceeds going to the City's general fund. An appraisal of the property completed by Lake State Realty Services in January 2004 places the value of the property at $57,500. The HRA will be accepting bids for the property and will award the winning bid in June. The HRA will have any of their costs, associated with disposing of the property, reimbursed through the sale proceeds. Additionally, the Planning Division's Account #4340 Service Contract-Non Professional Services will be reimbursed $507.66 for property taxes payable in 2004 (these were required to be paid in order to record the deed for the property). STAFF RECOMMENDATION Staff recommends the Council hold the public hearing to declare this property excess and authorize the transfer of title to the City of Fridley Housing and Redevelopment Authority. Disposing of this property will result in a new single-family home and the resulting property tax benefits. 71 ORDINANCE NO. AN ORDINANCE UNDER SECTION 12.06 OF THE CITY CHARTER DECLARING CERTAIN REAL ESTATE TO BE SURPLUS AND AUTHORIZING THE SALE THEREOF. SECTION 1. The City of Fridley is the fee owner of the tract of land within the City of Fridley, Anoka County, State of Minnesota, described as follows: The South 107 feet of Lots 21-24, Block 14, Spring Brook Park, Anoka County, Minnesota. - SECTION 2. It is hereby detemiined by the City Council that the City no longer has any reason to continue to own said property, and the City Council is : hereby authorized to transfer the properiy to the City of Fridley Housing and Redevelopment Authority for disposal. SECTION 3. The Mayor and City Clerk are hereby authorized to sign the necessary contracts and deeds to affect the transfer of the above-described real estate. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS OF , 2004. ATTEST: SCOTT J. LUND — MAYOR DEBRA A. SKOGEN — CITY CLERK First Reading: March 29, 2004 Second Reading: Publication: 72 � AGENDA ITEM � CITY COUNCIL MEETING OF MARCH 29, 2004 CRY OF FRIDLEY � _: Date: March 18, 2004 � To: William Burns, City Manager �� From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject: Public Hearing for ZTA #04-01, regarding 2"d Accessory Structures M-04-44 INTRODUCTION As you are aware, City Code currently requires a resident to obtain a special use permit (SUP) prior to constructing a second garage on their property. The Planning Commission and Council have approved all 26 SUP's submitted over the past 5 years. These SUP's were all approved with a fairly standard set of stipulations to ensure compatibility with the existing home and surrounding environment. The City's recently completed fee study indicates that the City's cost to bring an application through the SUP process is approximately $1,400. Setting SUP fees high enough to cover the City's cost, for what has become a routine approval, would deter residents from building the structures needed to store vehicles and other homeowner goods indoors: PLANNING STAFF REeOMMNEDATION City Staff recommends the Council hold the public hearing for this item. 73 ORDINANCE NO. AN ORDINANCE AMENDING FRIDLEY CITY CODE SECTION 205.07 R-1 ONE FAMILY DWELLING DISTRICT REGULATIONS AND SECTION 205.08 R-2 TWO-FAMILY DWELLING DISTRICT REGULATIONS AND SECTION 205.09 R-3 GENERAL MULTIPLE DWELLING DISTRICT REGULATIONS RELATED TO ACCESSORY USES. The City Council of the City of Fridley hereby finds, after review, examination and recommendation of _- sta.ff, that the Fridley City Code, be hereby amended and ordains as follows: Section 1: That Section 205.07 of the Fridley City Code be hereby amended as follows: -- 205.07. R-1 One-Family Dwelling District Regulations 1. USES PERMITTED B. Accessory Uses. , • � �� 1�} A private garage is the first accessory building. It shall not exceed 100% of the first floor area of the dwelling unit or a maximum of 1,000 square feet. (2) A second �ara�e or accessor�building over 120 sauare feet nrovi�ed the following criteria are met: � (a 1 The combined total floor area of all accessorv buildinQS shall not exceed 1.400 sguare feet. �li ) The maximum height for all accessorv buildings shall not exceed fourteen (141 feet above ¢rade at the midsnan of roof Midspan for purposes of this ordinance shall be described as the midvoint between the eave line and the hi�hest voint on the buildin s roof as measured at the front elevation of the structure. (c 1 Accessorv buildin¢ shall not be used for a home occuuation or as livins area. (d 1 Accessorv structure shall be architecturallv comuatible with existin�? home bv matching sidin¢ color schemes roofin� materials, roof tvne and roof nitch. (e 1 All drive and narkinQ areas to be hard surfaced. 74 � �{-�-} Privately owned recreational facilities which are for the enjoyment and convenience of the residents of the principal use and their guests. �(� Home occupations. �{�-} The rental of guest rooms to not more than two (2) persons per dwelling unit. �{� Solar energy devices as an integral part of the principal structure. C. Uses Permitted With a Special Use Permit -- The following are uses permitted with a Special Use Pem►it in R-1 Districts: � �{�} Churches. �{3-} Private Schools. �f4} Day Care Centers provided they are to be located in places of worship, schools or in other buildings located on an arterial or collector street. (Ref. 1121) �(3-} Private nonprofit golf courses, country clubs, yacht clubs, tennis courts, swixnming pools and additional recreational uses, not an accessory use to the principal uses. �¢�} Utility companies having transformers, pumping stations and sub-stations subject to the following minimum requirements: �(-�} Automobile parking lots for off-street parking spaces for any use on adjacent land, when the following minimum requirements have been met: �{$3 Hospitals, clinics, nursing homes as defined in Section 205.03.55, convalescent homes, and homes for the elderly as defined: �(�} Private radio or television antennas exceeding a height of twenty (20) feet above the dwelling roof. �(-�A� Wind generators and other tower mounted energy devices exceeding a height of twenty (20) feet above the dwelling roof. 10 Solaz energy devices NOT an integral part of the principal structure. 11 Exterior storage of materials. Section 2: That Section 205.08 of the Fridley City Code be hereby amended as follows: 205.08. R-2 Two-Family Dwelling District Regulations 1. USES PERMITTED B. Accessory Uses 75 (3) Any second accessory building in excess of 240 square feet shall require a Special Use Permit. Pro�erties containin�one-familv dwellin�s are exempt from the Special Use Permit and shall be subject to the R-1 District Reeulations pertainin� to second accessorv buildin�s. C. Uses Pemutted with a Special Use Permit (1) Accessory buildings, other than the first accessory building over 240 square feet. _-_ Properties containinS one-familv dwellings are exempt from the Special Use Permit and shall be subiect to the R-1 District Re�ulations pertainin� to second accessorv buildinQS. _ Section 3: That Section 205.09 of the Fridley City code be hereby amended as follows: 205.09. R-3 General Multiple Dwelling District Regulations 1. USES PERMITTED B. Accessory Uses (7) Anv second accessorv building in excess of 240 sauare feet shall reauire a Svecial Use Pernut. Properties containin� one-familv dwellinQS are exempt from the Special Use Permit and shall be subiect to the R-1 District Re�ulations pertainine to second accessorv buildin¢s. C. Uses Permitted with a Special Use Permit (14)Accessorv buildin�s other than the first accessorv building over 240 square feet. Properties containine one-familv dwellin�s are exempt from the Svecial Use Permit and shall be subiect to the R-1 District Regulations �ertainin� to second accessorv buildines. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS _ DAY OF 2004. SCOTT J. LUND, MAYOR ATTEST: DEBRA A. SKOGEN, CITY CLERK Public Hearing: March 29, 2004 First Reading: March 29, 2004 Second Reading: Publication: 76 � � cmr aF FR.IDLEY TO: - FROM: SUBJECT: DATE: AGENDA ITEM CITY COUNCIL MEETING OF March 29, 2004 WILLIAM W. BURNS, CITY MANAGER �1� RICHARD D. PRIBYL, FINANCE DIRECTOR 2nd READING OF AN AMENDMENT TO FRIDLEY CITY CODE CHAPTER 11, FEES March 23, 2004 At the Council Meeting of February 23, 2004, staff reviewed fee changes identified in Chapter 11 that had been incorporated into the Budget for 2004. During the year 2003, a fee study had been completed as part of the budget work for the 2004 Budget. As a result of the study we had seen a number of areas in which the service being provided was not recovering the cost of the delivered service. Staff reviewed each of the services and made determinations on whether the city had both the legal authority and the need to raise those fees that were not recovering cost. Each of the changes that are being made to Chapter 11, have been incorporated into the 2004 Budget. It was estimated that the total impact of the new revenues associated with these increases would amount to $98,894.00. These changes had been reviewed during a conference session with Council this past year. Staff has corrected the typos that had been identified in the Meeting of February 23, 2004. Also a question was asked regarding the fee associated with auctions. We did some research on this issue and found that this section had a change done in 1994 with no explanation as to why the same fee was charged for the two types of permits. The fee study indicated that the cost was the same for both activities and as a result we have now set the fee at $30.00 per week. Also a question was asked about the liquor licenses under chapter 603. The question was one regarding a license cost commensurate with the cost of enforcement for liquor licenses with entertainment. Staff reviewed this issue and found that in accordance with the fee study, the liquor licenses issue with entertainment were priced $1,000 higher than with no entertainment. It was felt that when the group of entertainment licensee's are taken as a whole, the revenue covers the expense of administration and enforcement. It was also felt that the same occurs with the non-entertainment licenses. Staff will be reviewing these types of licenses more carefully during the next fee study and determining whether another form of fee structure for liquor licenses would be more appropriate. Staff recommends the second reading of this ordinance. RDP/me 77 ORDINANCE NO. AN ORDINANCE AMENDING FRIDLEY CITY CODE CHAPTER 11. FEES The City Council of the City of Fridley does hereby find and ordain, after review, examination and staff recommendation that Chapter 11 of the Fridley City Code be hereby amended and ordain as follows: FRIDLEY CITY CODE CHAPTER 11. GENERAL PROVISIONS AND FEES 11.10. FEES License and permit fees shall be as follows; CODE 17 27 SUBJECT Auction Billiards 15 Bowling Alleys 28 Carnivals 30 Charitable Gambling (See Lawful Gambling) 21 Christmas Tree Lots 12 Cigarette Sales (see Tobacco) 206 Contractors 217a Conversion Condominium (one time fee) � FEE Q�n nn � ,. � a�.,�� $30.00 weekly, $150 year $40.00 for first table, $10.00 each additional $40.00 + $10.00/lane $200 deposit, $75 application fee, and $75.00 for first day; $75 each additional day $200.00 + $100.00 deposit See Chapter 206 (a) 2 Ownership Units $ 500 (b) 3-7 Ownership Units $ 750 (c) 8-12 Ownership Units $1,000 (d) Over 1 Z Units $1,000 plus $50 per unit for every unit over 12 Ordinance No. 217b 208 - 208 101 Condominium (annual fee) Conservation Plan Review (as part of building permit for new construction) Conservation Plan Review as part of land alteration, excavating, or grading permit process) Dogs Page 2 (a) 2-4 Ownership Units $ 20 (b) 5-12 Ownership Units $ 30 (c) 13-24 Ownership Units $ 40 (d) Over 24 Ownership Units $ 50 $450.00 See Chapter 206 $5.00 �,cn �.r „+o,.ea ,,.. � ec nn i.T,..,.,e.,+,,.sa ,.�i.T,.,,.,.,.,.,e,t y- . .....,.,,.. .,. . ..,__�r--� -- $10.00 $�:98-Duplicate{-�e�-a�e�- �88 ,,,, * $25.00 Kennel 702 Drive-in Theaters $400.00 607 Entertainment $85.00 112 False Alarms $50.00 for sixth false alarm in single calendar year and for each subsequent false alarm in calendaz year, an additional $25.00 (e.g., 7th false alarm =$75.00, 8th false alarm - $100.00, 9th false alarm $125.00, etc.). i n4 ��r�Hi T�t�6 Qcn nn 103 Fire Arms T2�ii��9-� W i n nn Permit to Discharge $25.00 32 Food Establishments $45.0 (Business License) �� Q� �,nn 32 Food, Temporary $30.00 (Business License) 30 Gambling (See Lawful Gambling) 79 Ordinance No. 25 Golf Course, Driving Range 26 Hotels, Motels 202 House Trailers -Temp offices 24 Junk Yards 30 Lawful Gambling Permit 603 Liquor, Lawful Gambling Endorsement 603 Liquor (On-Sale) No Entertainment Entertainment and or Dancing Investigation Fee 603 603 602 603 603 605* Liquor (Sunday) Liquor, Temp. Intox. On-Sale (1 day only) Liquor, Non-Intox. Malt: Off Sale Beer On Sale Beer On Sale Temporary Beer Investigation Fee, initial On Sale Beer Liquor (Wine) Investigation Fee, initial Liquor (Employee Dispensing) (See Managerial License) Liquor (Bottle Club) :� Page 3 $30.00 $125.00 first unit; $5.00 each additional $30.00 temporary parking $75.00 occupancy $350.00 $25.00 for one day small events, i.e. raffle, etc. $300.00 0-3000 sq.ft. 3001-6000 sq.ft over 6000 sq.ft. $6,000 * $7,000 * $8,000 * $7,000 * $8,000 * $9,000 * $200.00 individual, $400.00 corp. partnership, etc. $200.00* $25.00* (MN §340A.414, Sub.9) $60.00* $325.00* (includes off sale) $60.00 $90.00 individual, $180.00 corp. partnership, etc. $1,000.00 $200.00 individual, $400.00 corp. partnership, etc. $300.00 Annual permit $25.00 One day permit Ordinance No. 606* Liquor (On-Sale Club) (The annual license fee for an on-sale intox- icating liquor license issued by a city to a Page 4 $300.00/club, under 200 members $500.00/club, 201-500 members $650.00/club, 501-1,000 members $800.00/club, 1,001-2,000 members $1,000.00/club, 2,001-4,000 club must be no greater than:) members $2,000.00/club, 4,001-6,000 members $3,000.00/club, over 6,000 members *CHECK CURRENT STATE STATUTE, CHAPTER 340A, FOR ANY CHANGES IN STATE FEE SCHEDULE (CURRENT FEE SCHEDULE FROM 1990 STATE STATUTE) 101 Livestock 608 Lodging Tax 603 Managerial License 203 509 18 220 Mobile Home Parks Motorized Vehicles Rental Motor Vehicle Body Repair Business Investigation Fee Renewal, Transfer, or Amendment Fee Joint Application as Junlcyard Joint Application as Used Motor Vehicle Dealer Joint Application as Used Motor Vehicle Dealer and Junkyard Joint Application Renewal, Transfer, or Amendment Multiple Dwelling (Ref Ord 1154) 81 $35.00 each 3% of rent charged $10.00 $30.00 + $1.00 per trailer site (One time fee) $50.00/Vehicle $150.00 each location $50.00 $350.00 �-58:A8 each location $450.00 each location $250.00 each location $600.00 each location Same as original application Single rental unit $41.25 �-�A Two rental units $82.50 �5 Three units $123.75 CC-.itT Four units $165.00 �9 Five or more units - $165.00 �9 plus $8.25 3-58 per unit. Reinspection Fee Transfer Fee License Fee after Revocation or Suspension 22 31 14 23 113 13 407 407.04 407.05 125 125 125 Music Festivals $150.00 �A9 $25.00 150% times the annual license fee $700.00/day + $100.00 filing fee Pawn Shops Annual Licensee Fee $3,000 Monthly Transaction Fee $1.50 per transaction Reporting Failure Penalty $2.50 per transaction Investigation Fee $400 (Re£ Ord. 1137) Peddlers/Solicitor $60.00 per peddler 407.07 407.07 407.07 407.07 407.10 407.11 Public Dance $75.00 Refuse Haulers, Gazbage Truck $60.00 for first truck and $15.00 each additional truck Retail Gasoline Sales $60.00 Private Pump $30.00 per location Rights-Of-Way — (See Ord. 1116 & 1139) Registration Fee $50.00 �9 User Fee $50.00 �A:AA per project (Residential, commercial or industrial) Excavation Permit $250.00 �:A9 Obstruction Permit $50.00 �:BA Permit Extension $20.00 �3:99 Delay Penalty Permit extension fee plus $125.00 �99:89 penalty. Mapping Fee $20.00 �9:A9 if data is not in city format and City GIS compatible Degradation Cost Restoration cost per square foot for the area to be restored. Saunas and Massage Parlors (Business Investigation Fee) Saunas and Massage Parlors (Operation and Maintenance) Saunas and Massage Parlors (Certificate Investigation 82 $1,500.00 $3,000.00/year $100 each _ I �I Fee) 125 Saunas and Massage Parlors (Employee Massage Practice Certificate) 127 214 514 Sexually Oriented Businesses Investigation Fee Signs and/or Billboards Permanent Sign Temporary Sign Snow Removal Penalty $50 each/yeaz $400 $400 I II ..� _ .� �� .� $75.00 �9:89 under 40 sq ft $100.00 S9:A8 over 40 sq ft $200.00 Deposit-refunded if conditions met Violations of the provisions of this Section shall be a misdemeanor, subject to penalties of a maximum of $700.00 and 90 days in jail per occurrence. In the alternative, the City may, in its discretion, impose a civil penalty as follows: 2°a Offense in any given year: 50.00 3`d Offense within 6 months of any prior offense: $200.00 4th Offense or more within 6 months of prior offense(s): $500.00 In addition, the City may charge to, and assess to the associated property, any damage to City property or injury to City employees attributable to violations of this section. }-�� c ��1�� ec cn ,.e�:ae„+:,,i a„�u: ,. .� .�� r'a Q� 1 A '+� �«.7 ,+or __�1+;..1e .� r_. - °r-- 1��f, 1+;.,1e .7.,.e11;«.�� .,� 1 � :,: ..f'�e�7 � .. � .a +l..e !';�.�� r 1;.... unacraxccrcr- ".rrc j'�•--�-b r +.. + ' 11 1+ * 1.;..1, �l.e !`;h. : .;��b 83 ��a�e�ke-se��iee: �. � �� - � 16 116 115 205.30 205 12 104 Street Vending Suntanning Rooms Swimming Pools, Public Temporary Outdoor Display License Text Amendment to the Zoning Ordinance Tobacco Products Tree Removal/Treatment $50.00 industrial/commercial $70.00 residential $100.00 both $500.00 $250.00 per outdoor pool $350.00 per indoor pool + 25% of base per added pool, enclosed area $75.00 (Ref. Ord. 1138) $1,500.00 �8�89 $125.00 $150.00 ■• ■ � �� ._ �. �� . . �. � �� . . �. � � �� '-- � � ♦ � � a � � � � 1 � � • � � 1_ ♦ .� / � � � � ♦ � I _I G � � Ordinance No. i n4 T r�n n��.�5 Q�cn nn W �,..,.��,�.,; �t,;�n i n4 T T�!"' n��.��,n�� Q� cn nn �� , � �� r,,,,,,...e��oa n„�e., i n4 r T�r n�E_� c Q i cn nn r�,-�,�e � � .. .. i n4 T T�(` n��,� Qcn nn �;,. ,.v �� . �. � • � -� --'-'-- =--- . �, .� �� • . � . �� ■ �� . �� _ I � �� ' �� 19 205 113 Used Motor Vehicles Wetlands Certifying Exemptions Replacement Plan Application No Loss Determination Appeal of Decision Yard Waste Transfer Site Gate Fee FEES FOR SERVICES RENDERED 85 $150.00/year $1.500.00 �89 $1,500.00 �:AA $1.500.00 �99 $1,500.00 �3:8A $2.00 per car $3.50 per pickup truck or small trailer Page 8 206 206 206 206 211 206 212 206 211 206 206 205 206 205 Building Permit Fees Certificate of Occupancy Fees Electrical Permit Fees Land Alteration Excavating or Grading Fees Uniform Building Code Chapter 70 adopted by reference (Plan Checking Fees and Grading Permit Fees) Lot Splits Mechanical Permit Fees Mining Permit Moving Permits Fee Plat $ Plumbing Permit Fees Reinspection - Building Fee Rezoning Sewer Permit Fee Special Use 205 Town House Development 206 Utility Excavations Permit Fees 206 Water a�-Se�e� Permit Fee 48� 206 Water/Waterways Permit Fees 205 City Vacations 211 Variance $250.00 6�88 for R-1, *Prorate (see Chapter 603) See Chapter 206 See Chapter 206 See Chapter 206 See Chapter 206 $1,250.00 �A�9 See Chapter 206 See Chapter 206 See Chapter 206 1,500.00 3�A8:98/201ots +$15.00 each additional lot See Chapter 206 See Chapter 206 $1.500.00 �8:�9 See Chapter 206 $1,500.00 488:A9 for all, $100.00 for 2nd access, building $500.00 See Chapter 206 See Chapter 206 €e��^�•� ge�t��--�»� See Chapter 206 $1,250.00 �5&88 $1,400.00 �89 for all other :: _"- I =1 , � � Cha ter 108 - Construction, Alteration, Modification or lnstallation r�ees MSFC. , , , .. Section T e of 1�ctivi Sfi ulations Fee 105.7.1 Automatic Fire Extinguishing Systems Final Inspection Required 1. Kitchen Hood Extinguishing Systems Inspection & Testing See Below 2. Fire Sprinkler Systems Inspection & Testing 3. Other S ecial Extin uishin S stems Ins ection & Testin 105.7.2 Compressed Gasses & Systems Final Inspection Required Install, repair damage to, abandon, remove, place temporarily our of MSFC requirements $ 235.00 service, close or substantiall modi stems 105.7.3 Fire Alarm, Detection & Related Alarm or Detection Equipment Final Inspection Required See Below Install or modi new & existin stems Ins ection & Testin 105.7.4 Fire Pumps & Related Equipment Final Inspection Required See Below Install or modify fire pumps, related fuel tanks, jockey pumps, controllers Inspection & Testing and enerators 105.7.5 Flammable & Combustible Liquids Final Inspection Required 1. Install or modify a pipeline 1. $150.00 2. Install, construct or alter tank vehicles, equipment, tanks, plants, Inspection requirements as defined 2. $150.00 terminals, wells, fuel dispensing stations, refineries, distilleries by 2003 MSFC requirements. and similar activities where flammable or combustible liquids are produced, processed, transported, stored, dispensed or used UGST or AGST storage tank 3. Install, alter, remove, abandon, place temporarily out of service or removal must be witnessed by Fire otherwise dispose of a flammable or combustible liquid tank Marshal. 3. $200.00 105.7.6 Hazardous Materials Final Inspection Required Install, repair damage to, abandon, remove, place temporarily out of Required when hazardous materials $ 200.00 service, close or substantially modify a storage facility or other area in use or storage exceed amounts re ulated b MSFC Cha ter 27 shown in MSFC Table 105.6.21 105.7.7 Industrial Ovens Final Inspection Required S 165.00 Installation of industrial ovens re lated b MSFC Cha ter 21 MSFC re uirements 105.7.8 LP Gas Final Inspection Required $ 20(1.00 Installation of or modification to an LP Gas s stem MSFC & NFPA 58 re uirements 105.7.9 Private Fire Hydrants Final Inspection Required $145.00 Installation of or modification of rivate fire h drants Ins ection & Tesin 105.7.10 Spraying or Dipping Final Inspection Required $ 200.00 Install or modi a s ra room, di tank or booth MSFC re uirements 105.7.11 Standpipe System Final Inspection Required See Below Installation, modification, or removal from service of a stand i e s stem Ins ection & Testin 105.7.12 Temporary Membrane Structures, Tents and Canopies Final Inspection Required $145.00 To construct an air-supported temporary membrane structure, tent (_> MSFC requirements 200 ft2 or cano => 400 ftz . Fire Sarinkler Fire Extineuishine Svstems Fire Alarm Svstems or Standaioe Svstems Fees for Automatic Fire Extinguishing Systems (MSFC 105.7.1); Fire Alarm, Detection and related equipment (MSFC 105.7.3); Fire Pumps or related equipment, (MSFC 105.7.4); and Standpipe Systems (MSFC 105.7.11) are calculated on project valuation from the 1997 UBC Permit Fee Schedule as shown below, plus the State of Minnesota Surcharge Fee on sprinkler permits: Total V $ 1.00 to $ 500.00 $ 501.00 to $ 2,000.00 $ 2001.00 to $ 25,000.00 $ 25,001.00 to $ 50,000.00 $ 50,001.00 to $ 100,000.00 Fee $23.50 for the first $500.00 plus $3.05 for each additional $100.00, or fraction thereo� to and including $2000.00 $69.25 for the first $2,000.00 plus $14.00 for each additional $1,000.00, or fraction thereof, to and including $25,000.00 $391.75 for the first $25,000.00 plus $10.10 for each additional $1 000.00, or fraction thereof to and including $50,000.00 $643.75 for the first $50,000.00 plus $ 7.00 for each additional S1 _000.00_ or fraction thereof, to and including $ 100,000.00 $7 Chapter 108 - Construction, Alteration, Modification or Installation Fees (Continued) Fire Sprinkler Fire Extinguishing Svstems. Fire Alarm Svstems or Standpipe Svstems (Continued) Total Valuation Fee $ IOO,U01.00 to $ 500,000.00 $993.75 for the first $100,000.00 plus $5.60 for each additional $1,000.00, or fraction thereof, to and includin $ 500,000.00 $ 500,001.00 to $ 1,000,000.00 $3233.75 for the first $500,000.00 plus $4.75 for each additional $1,000.00, or fraction thereof, to and includin $ 1,000,000.00 $ 1,000,001.00 and up $5,608.75 for the first $1,000.000.00 plus $3.65 for each additional $1,000.00, or fraction thereof Cha ter 108. Permitted Business O erations - Processes and Activities Fees Permit Authori Fee 105.6.1 Aerosol roducts $ 145.00 105.6.2 Amusement buildin s $ 75.00 105.6.3 Aviation facilities $ 120.00 105.6.4 Carnivals and fairs $ 200.00 105.6.5 Batte s stems $ 95.00 105.6.6 Cellulose nitrate film $ 95.00 105.6.7 Combustible dust- roducin o s $ 200.00 105.6.8 Combustible fibers $ 145.00 105.6.9 Com ressed ases $ I50.00 105.6.10 Covered mall buildin s $ 95.00 105.6.11 C o enic fluids $ 95.00 105.6.12 Cuttin and weldin $ 95.00 105.6.13 D cleanin lants $ 145.00 105.6.14 Exhibits and trade shows $ 200.00 105.6.15 Ex losives $ 200.00 105.6.16 Fire h drants and valves $ 75.00 105.6.17 Flammable & Combustible li uids $ 200.00 105.6.18 Floor fmishin $ 95.00 105.6.19 Fruit and cro ri enin $ 120.00 105.6.20 Fumi ation & thermal insectcide fo $ 95.00 105.6.21 Hazardous materials $ 145.00 105.6.22 HPM facilities Haz Prod Materials $ 145.00 105.6.23 Hi iled stora e $ 200.00 105.6.24 Hot work o erations $ 95.00 105.6.25 Industrial ovens $ 145.00 105.6.26 Lumber ards & woodworkin lants $ 200.00 105.6.27 Li or as fueled veh/e ui in G A $ 95.00 105.6.28 LP Gas $ 95.00 150.6.29 Ma esium $ 95.00 105.630 Misc combustible stora e $ 145.00 105.6.31 O en burnin ot allowed NA 105.6.32 O en flames and candles $ 95.00 105.6.33 Or anic coatin s $ 145.00 105.634 Places of assembl $ 135.00 : :� � PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 2004. ATTEST: Debra A. Skogen, City Clerk First Reading: February 23,2004 Second Reading: Publication: � Scott J. Lund, Mayor / � Q17 OF FRIDLEY To: From: Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF March 29, 2004 William W. Burns, City Manager A�►� h` John Berg, Fire Chief Richazd D. Pribyl, Finance Director March 23, 2004 Second Reading of an Ordinance Establishing a New Chapter of the Fridley City Code Related to Setting Administrative Charges for Emergency Response Calls The second reading of this ordinance was held on February 23, 2004 and was tabled due to concerns that Council had regarding the fee. The main issue seemed to be the inability for some individuals to pay the charge due to a lack of resources. A number of staff members from Fire, Community Development, Police and Finance met to discuss the concept of inserting some sort of low-income element into the proposed ordinance. As the topic wa.s discussed it was determined that the section of the ordinance that pertained to car fires should be removed. This seemed to be the consensus of the group. They felt it would be problematic to bill for these types of fire responses. As Council had identified, often times those cars that would be prone to a fire, probably are the older model cars in need of maintenance. Often the owners of these types of cars don't carry any insurance other than the liability and medical required by law due to lack of financial resources. In these cases it would be difficult to collect and would only cause more financial distress for these individuals. Based on this, staff has removed that section of the proposed ordinance. Staff was able to contact an insurance company and ask about whether they would cover charges association with vehicle accident responses. We were told that an "Emergency Response Service Charge" would be a fee that should be covered under most policies. It was also determined that this type of coverage is the type that is required to be carried on any licensed automobile on Minnesota. roadways. If insurance were not carried on the vehicle, the owner would most likely have some sort of criminal issue to deal with for driving without insurance. Thus, in these cases staff felt that the ordinance should remain as is. Staff recommends approval and second reading of the ordinance. ti� . � 0 � ORDINANCE NO. AN ORDINANCE CREATING A NEW CHAPTER OF THE FRIDLEY CITY CODE SETTING SERVICE CHARGES FOR EMERGENCY RESPONSE CALLS The City Council of the City of Fridley hereby finds, after review, examination and recommendation of staff, that the Fridley City Code, be hereby amended and ordains as follows: FRIDLEY CITY CODE CHAPTER 131. FIRE DEPARTMENT SERVICE CHARGES - 131.01 PURPOSE AND INTENT The purpose of this ordinance is to establish user service charges for Fire Department services as described in this ordinance. 131.02 Definitions The following terms shall apply in the interpretation and application of this chapter: l. "Motor vehicle" means any self-propelled vehicle designed and originally manufactured to operate primarily upon public roads and highways, and not operated exclusively upon railroad tracks. It includes any vehicle propelled or drawn by a self-propelled vehicle. This includes semi trailers. It does not include snowmobiles, manufactured homes, a11 terrain vehicles or park trailers. 2. "Motor Vehicle Owner" means any person, firm, association, or corporation owning or renting a motor vehicle, or having the exclusive use thereof, under a lease or otherwise, for a period of greater than 30 days. 3. "Excavator" means a person who conducts excavation. 4. "Underground Pipeline Utility" means an underground line, facility, system, and its appurtenances used to produce, store, convey, transmit, or distribute gas, oil, petroleum products, and other similar substances. 5. "Person" means the state, a public agency, a local governmental unit, an individual, corporation, partnership, association, or other business or public entity or a trustee, receiver, assignee, or personal representative of any of them. _ 131.03 CONFLICTS In the event of any conflict between the provisions of this Code adopted by the provisions of this Chapter and applicable provisions of State law, rules or regulations, the latter shall prevail. 91 Ordinance No. 131.04 EMERGENCY RESPONSE SERVICE CHARGES 1. The collection service charges shall be as authorized in Minnesota Statute 366.011. Page 3 2. Collection of unpaid service charges shall be as authorized in Minnesota Statute 366.012. 3. The service charges shall be as follows: A. Vehicle Accident . 1) Any incident response to an accident involving a motor vehicle where the _ Fire Department is able to render aid, provide assistance, or otherwise -' improve the conditions of the patients. This would include but not be limited to: • Extrication • Medical Care • Absorbing Liquid Spills • Vehicle System Safety • Vehicle Stabilization 2) An invoice for $400 will be sent to the motor vehicle owner's insurance company or, in the event the owner cannot provide insurance information, the city shall collect the fee throu�h the criminal process as defined in the Minnesota State Statutes. *� *'�° -~�+�~ �,°'�:^,° � ° 3) If there is more than one motor vehicle involved for which fire department service is provided, �„ *'�° �^��a°�+ each motor vehicle insurer e�-e�e� will be invoiced an equal share of the $400 service charge. ��s_ - - �- - - - - �.�� B.E: Fires Along a Railroad Right of Way or Operating Property 1.) Any incident response to a fire or fire hazard emergency caused by a railroad locomotive, rolling stock, or employees on a railroad right-of-way or operating property as defined in Minnesota Statute 219.761. 92 � � � Ordinance No. Page 4 2.) An invoice will be sent to the railroad responsible for the railroad right-of- way or operating properry. The invoice amount will follow the Incident Invoice Schedule based on the number of hours on the incident. C.� Grass Fires Within Trunk Highway Right-of-way 1.) Any incident response to a grass fire within the right-of-way of a trunk highway or outside of the right-of way of a trunk highway if the fire originated within the right-of-way of a trunk highway as defined in Minnesota. Statute 161.465. 2.) An invoice will be sent to the commissioner of transportation. The invoice amount will follow the Incident Invoice Schedule based on the number of hours on the incident. D.� Technical Rescue 1.) Any incident response to a rescue on the water, ice, confined space, trench, high or low level where specialized equipment and training are required and where the Fire Department is able to render aid, provide assistance, or otherwise improve the conditions of the persons in need of rescue. 2.) An invoice will be sent to the persons, corporation or business owner receiving rescue service. The invoice amount will follow the Incident Invoice Schedule based on the number of hours on the incident. E.� Underground Pipeline Utility Breaks l.) Any incident response to an underground pipeline utility break if caused by an excavator or person other than a homeowner or resident. 2.) An invoice will be sent to the excavator or person responsible for the pipeline utility break. The invoice amount will follovv the Incident Invoice Schedule based on the number of hours on the incident. F.C� Hazardous Material 1.) Any incident response to the release of hazardous material from it's container, or the threat of a release of a hazardous material from it's container, chemical reaction, or other potential emergency as the result of a hazazdous material where the Fire Department is able to render aid, provide assistance, or otherwise improve the conditions or protect the public. 2.) An invoice will be sent to the person responsible for the hazardous material or transportation of the hazardous material. The invoice amount will follow the Incident Invoice Schedule based on the number of hours on the incident, specialized equipment and materials used on the incident. �k3 Ordinance No. Page 5 G.�. Fire as the Result of Negligence 1.) Any incident response to a fire that resulted from an act of negligence as defined in City Ordinance Chapter 108.06. Examples of this would include but not be limited to methamphetamine labs, commercial and industrial operations where hot work is performed and reasonable care is not exercised, and burning of debris by contractors or homeowners that results in subsequent fires to wild land or structures. 2.) An invoice will be sent to the person responsible for the negligent fire. -_ The invoice amount will follow the Incident Invoice Schedule based on the number of hours on the incident. . Arson Fire — Any incident response to a fire where a person is charged under the arson statutes. The fire investigator responsible for the incident investigation will forward all costs encumbered by the Fire Department in association with the incident to the court for reimbursement through restitution. 131.05 INCIDENT INVOICE SCHEDULE En ine Crew of 4 $400 er hour Ladder Truck Crew of 4 $500 er hour Grass Truck Crew of 4 $150 er hour Rescue Truck Crew of 2 $100 er hour Fire Fighter One Current hourly rate Fire Officer One Current hourl rate PASSED AND ADOPTED BY THE FRIDLEY CITY COUNCIL THIS DAY OF 2004. ATTEST: Debra A. Skogen, City Clerk First Reading: February 9, 2004 Second Reading: Publication: 94 Scott J. Lund, Mayor 1372 64�' Ave N.E. Fridley, MN 55432 March 3, 2004 Deaz City of Fridley City Council Members, �—�R�'0 We would like to address several issues that have been brought to the forefront recently in the discussions of the Profitma�c and Town Center developments. We are not opposed to redevelopment of this area. We do however feel strongly that any development that occurs shouid be appropriate. A condominium building and retail complex are very inappropriate, considering that approximately half of this land is currently zoned R-1, and there are 6 existing single- family homes on the site. Most of us have maintained and improved our properties, some to great degrees over the yea.rs and expect it to increase in value. People wittun the proposed redevelopment area have sta.ted this project affords them this opportunity. There is nothing to stop them from hiring a Rea1 Esta.te Agent, putting their homes on the market in the conventional way and accomplishing the same end, without adversely affecting all other properties and quality of life in the area such as this project does. Trees in the area were an issue to only 1 resident on the Town Center project. This really is irrelevant, just as Mr. DeMello making a poor investment (and paying minimal taxes over the years on undeveloped land), should not factor in your decision. It has been said tha.t rezoni.ng this entire area, will clear up spot zoning. In fact the opposite is true. Originally when zoning azeas were established they were graduated, so single family homes would be insulated from large impacts. Thus the current zoning of C-2 on a busy intersection, graduating down to G1, sma111oca1 business, then graduating to R-1 actually make a great deal of sense. By rezoning this to S-2 and building a large high density multifam.ily building (essentially R-3 zoiung) and a retail strip mall (C-2 with a special use permit due to the outdoor eating area) you actually aze creating worse zoni.ng issues. Instead of having R-1 property adjoirung C-1 property, you would now have R-1 property directly abutti.ng essentially R-3 and C-2 with special use conditions properties. You also would in essence be creati.ng an island of 3 homes on the south side of 64�' Avenue. They would be sitting between commercialland and R-31and. In addition, by the S-2 zoning, you are taking away all of the setback requirements that would normally be in place to buffer the impact to R-1 properties. Lazge R-3 buildings generally must be set back quite a ways from adjoining R-1 properiy lines, not 18 feet. C-2 buildings must be set back fifly (50) feet from � adjacent residential district, which tl�is is not. In fact the east driveway and trash enclosure for the strip ma11 appears to be within 5 feet of the adjacent R-1 property line These setbacks were originally established for very good reasons, to shield homes from high impact buildings and still exist today because of that! There aze major dra.inage issues, poor soil conditions, and wetlands in the area. We find it hazd to believe if the single-family homes that aze there now have issues with this tha.t 2large buildings would not. It should be very apparent to anyone tha.t underground parking will be deemed impossible once construction begins. One of the stipulations is that the petitioner may seek an exemption for the wetland. What happens to the water then? It was.stated at the Planning Commission meeting th�.t the storm sewer project completed yeazs ago diverts the water from the north side of 64�' Avenue to a system in Central Avenue. This is incorrect. It actually diverts the water to an open ditch south of 64�` Avenue. If an exemption is granted and so much of the development is impervious compared to what is currently on the site, undoubtedly we will have more water problems on the south side of 64�' Avenue. We have grave concerns about this developer. Mr. DeMello claims to be so enthusiastic about Fridley and states he loves it, yet he chose to buy his own home outside of Fridley. He has never done a lazge development before, and in fact works out of his home. He has to build this project in stages, which raises many questions about his finances. At the Planning Commission meeting he publicly ridiculed a neighborhood business, which has recently put a great deal of money into improving their properry. At the same meeting, his father (property owner of the vacant lot) referred to all people tha.t opposed this project by an ethnical slur. Mr. DeMelio on one-hand sta.tes that the neighborhood is run down then paradoxically sta.tes this is a good location because the people that would live in the condos deserve sometivng nice to look at. Which is it? It can't be both. He is not a well-esta.blished developer, with questionable finances, who finds it appropriate to insult everyone while claaming to love Fridley. Is this really the type of developer we want? Is stage 1 of the project going to be completed and the rest abandoned? It was stated at a City Council meeting that many of us have opposed a11 development in the area. None of us ever opposed the health club or the fire station. We also did not oppose the credit union, but just requested that it be correctly screened.. The projects that were opposed were not appropriate for the azea, just as this proje�t is not. Many of the people that have contingent agreements for this project have expounded on how high density housing is not appropriate by single family homes in the past. One council member discussed how it is similaz to projects in his neighborhood. We are sure there would be no objection from anyone, if you would like to build soccer fields, baseball diamonds or a church in this azea instead. The comparison between these and a large high density housing building and strip ma11 seems farfetched. One of the Planning Commission members stated tha.t it looked like a`delicious building", and said "what isn't there won't be missed", referring to the homes. Numerous mentions were made of a"dream team". Comparisons were ma.de repeatedly between the fairy tale Goldilocks and this condominium project. It made a travesty of the whole process and was an embarrassment to the city. While they ha.d a very nice computer simulated program of the project complete with violin music, that is all it was. A simulation. Anyone with time and effort can make anything look nice through a computer program. If you approve this development, you are changing the rules midstream. People purchased their homes knowing houses were on these properties, and laiowing the zoning was R-1 where 3 of the homes currently sit. You frequently deny variances and setbacks. Why would you suddenly be willing to make so many exceptions for this project? We really ask each one of you to think about this question. How would you feel about the houses right next door or across the street from your home being removed and the zoning changed for a similaz project? Traific in the azea and generated from this project remain a major concern. People who aze aging now have different driving patterns. Most of them have been driving everywhere all their lives, and recent studies show they will continue their same driving patterns as they age, but have substantially higher accident rates. You recently approved a 54-unit senior cflndominium project in tlus area. Since they have not been constructed yet, you really do not have a firm concrete answer on if a11 of these units will sell. Anyone who has done multiple research projects is well aware that you can skew results to get the conclusions you want. It would seem very prudent to wait awhile with another development tha.t is the same, to find out what the actual results are going to be. We have repeatedly heazd that this matches with the Comprehensive Plan. We know that there aze focus groups planned for this spring to re-evaluate and look at changi.ng the plan. We have heazd 3 of you admit that the housing portion of it needs work. The plan is suppose to just serve as a guideline. Another area that called for high density housing in the Comprehensive Plan was developed into something else, so you have already deviated from it in the past. Finally we ask you to look closely at this project.This is an entirely different situation than the Town Center Development was. It consisted almost exclusively of vacant land and was all zoned C-1 and C-2. The developer was much more firmly established. Approximately half of this land is zoned single fam.ily. It is NOT vacant land for the most part. You would be removing nice single family homes, sending the messa.ge to anyone that lives in Fridley near someone with a large lot, that they are not immune from a similar action. As we sta.ted in the beginning we are not opposed to redevelopment for this area, but it needs to be appropriate. We would not be opposed to senior owner occupied cottages or senior villa type owner occupied homes being built here. This would still provide more senior housing, more density than currently exists and a higher tax base for Fridley. Since it will be adjacent to single family homes, it would be a much more appropriate type and scale of housing for the area. A developer would still be able to realize a very substantial profit from such a project. With land at a premium, it seems unreasonable to thi.nk that if you don't approve this project nothing else would be proposed or built there in a relatively short time span. Think back to former Mayor Nee asking you to reconsider putting up office-warehouse type buildi.ngs on the Medtronic site, sta.ting something more appropriate would be proposed shortly. We rea11y urge you to not settle for this project which is totally inappropriate for the area. Given some time the proper proposal will be brought forth. We ask for your serious consideration in denying this project. Sincerely, � ��. �. � Mark Schwartz Jean Schwartz 1372 64�' Avenue N.E. Fridley, MN 55432 March 25, 2004 Dear Mayor and City Council Members, There are several issues with the Profitmax proposal dated Maxch 24, 2004, and the project in general we would like you to consider. As we are sure you know, the new plan has 90 housing units instead of the previous 71, and still contains retail. The 2 buildings were just combined into one even larger building, with an additional 19 condominiums adding even more density on the site This is an increase of 27% in the number of units from the previous plan. A driveway coming out of the complex has now been added on to 64`� Avenue. Depending on the pitch and angle of the new driveway, headlights will conceivably be constantly shining on our home and 2 of our bedrooms. This driveway will add hundreds of trips a day compazed to the 3 homes that currently have driveways on 64�' Avenue, in a quiet single family home neighborhood. The vastly increased traffic flow will affect the health, safety and welfare of our children and neighborhood. The letter that Profitmax sent to us this week is extremely misleading. It is not an adequate representation of the new project. The new driveway emptying onto 64`h Avenue is almost campletely obscured by trees. In fact many people we have spoken to failed to notice it. Also the letter talks about the number of housing units, but completely fails to mention that there is still a retail complex included. If Profitmax is misrepresenting the new proposal in these areas, one has to question how many other misrepresentations are still undiscovered. It seems very important to note that traffic counts on Central Avenue vary greatly. T'he traffic counts from Profitmax are vastly different from the traffic counts Anoka County mentions in their letter. Profitmax claims Central Avenue only carries 7,800 to 9,000 cars per day, and claims traffic levels have been consistent for the last 10 years. Anoka County states that over 13,000 vehicles per day are using Central Avenue, and discusses increasing traffic volumes and congestion. Once again, what other misleading information has yet to be uncovered. A new study done by AARP states that 83% of seniors want to stay in their homes until they die. Profitmax claims there is a need for 189 senior condos in the area. If their traffic count numbers are so far off, one has to question this number also. There are still some set backs issues. The parking on the north side and some of the west side still come right up to the property line, instead of the 20 feet they should be set back from any right of way. Profitmax still has most of their trees, plantings, walkway and signage in the right of ways for all streets involved. Anoka County specifically stated this was not permitted. The site densities for both the residential and reta.il are each figured as though they were sitting on separate 4-acre parcels of land, but this would not be an 8-acre site. The lot coverage for the housing portion is still above the norma120% allowed on R-3 land. If the building were changed to market rate after approval, there still would not be enough parking. The height of the proposed project remains a major concern. The new proposal has lowered the building to 3 stories on part of the north and south sides. It still remains at 4 stories on the side that directly adjoins R-1 land and has the closest setback anywhere on the property of only 18 feet to the property line there. Profitmax states the height of the 3 story portions are 35 feet and 45 feet for the 4 story portion. The water table for this land is at 877 feet. The street sits at approximately 882 feet. The floor of the "underground" garage is going to be approximately level with 64`� Avenue or sliglntly above it. In reality the height of the building on 64`h Avenue will be 50 feet from the bottom to the roof's peak, and 60 feet on the eastside next to the R-1 property. There would need to be at least a 10-foot berm to mitigate this. While we realize this is not how height is actually measured, we don't think this logically follows the intent of the code. As evidenced by the petition presented at the last council meeting, citizens through out Fridley are opposed to high-density housing and more retail on this site. Profitmax's new proposed plan has just cambined the 2 buildings into 1 and increased the high-density housing units by another 27%. The Comprehensive Plan talks about not changing the characteristics of a neighborhood and keeping housing stock. This proposed plan seems to do just the opposite, since half of this land is currently zoned R-1, and contains 6 single- family existing homes. Finally, we feel that neither of the 2 plats presented by Profitmax have met the burden of proof required to rezone this land. Rezoning is not a right. In order for rezoning to occw it should be considered only when the project is compatible with the surrounding area. This is in fact creating spot zoning by placing a very high-density housing unit and retail in the midst of single family homes. We ask for your serious consideration in rightfully denying this rezoning and plat requests. � / � , � i , ��llli �/ " i , Mark Schwartz Jean Schwartz �� P�20F�I�IAX. INC. 2872 17th Terrace • New Brighton, MN 55112 • Office: (651)493-3936 • Fax: (651)493-0229 Rea/ Estate • BU5%I7E+55 Cansu/ting • ACN Oeve/opment We fiave responded to the communities concerns wi#h the foliowing new design: Please review the proposed site plan with 90 units of senior housing: 3 stories on the north, 4 stories in the middle and 3 stories on the south side. "Creating Synergy between Land and Man" I MAR `� � �5� March 26, 2004 To: Mayor Scott Lund and Fridley City Council Members Re: Profitmax New Design We received the new Profitmax design in the mail. We do not think it responded to the neighborhood concerns at all. It is larger than the first desi�n, going from 71 to 90 units. It is still 47' high on the 64th Ave. side, and taller where the building faces our house and yard. There is very little green space other than in the set backs. Profitm� fails to mention in the bottom sentence of this letter that this building also includes over 13,000 sq feet of Retail space. Once again, the project is just too large for this site. We have new concerns with a driveway that now enters onto 64th Ave., which is all R-1 zoned. Entering onto Central Ave. from 64th often requires a wait already. The letter from the Anoka County Highway Department dated January 27, 2004 and introduced at the last Council meeting and the Profitmax studies have traffic count numbers that vary quite a bit. Anoka county's is 13,000 and Profitmax is 8,000. The Highway Dept letter also states that no plantings will be allowed within the county right of way. The City Planning Department has explained that underlying zoning set backs and traffic counts mean nothing when the Council is approving development in S2 parcels, they only need your approval. All setback requirements cannot be abandoned so that any building will fit any site. Careful research needs to be done to ensure that these new developments in newly created S2 paxcels do not encroach on existing homes and neighborhoods. Thank you again for all the time you have spent to keep Fridley a great place to live. Barbara and Dennis Edwaxds � �is � I�/�r�� ' � �% �� L/ � ��Q.� ' �- ` �i�,�.,.� , � !� C.�=�-L-e� � � �i�j �"��.- � �, a � � -�� ' �%��:- �. � . , ��.s��'' , J • ,� . � �!��j�-,/� �' ° �;,i (�,��=�- _ ��'�i � • �� 'i� /`a.W�/�''::�" i — a/Y .•A��':/ / / ��^' — V' �4 �/ � C�e ��5�� `� �. � G�, ��n�� ` G�!�.�, .��_ Q/� a., , � �,��r��-� G� , f�,,.�.� , ��,c 2e. �` �- ' ��.��, � .✓�I�� %� �/��r `+��,J � �� + A . _ .. ` _ . � � �.r�i�/ w � '�� ,,q/%� ! �°•(�./C . . ��` r-�?.- ��..,�: � a (��!/�.�?�-�t�Gt�l , (!%T� ,� o _ ) /� � �J ,��) �t-�C� �� J ��..c'-�'c d�.�-P�c.� � K�t �^��.3r� .r^r�r � / �i�� , ` /y�O�C' � %—i��!'��c1 ` �'�'�2-- �' Q� w�--�e'� `��!��-�.� ��1.�.� � � �. , ` . ��L�i _ „ . r . ✓ /1 .-�fl •-��JC,� (�/t.f'it.iL`V `�`r�c.'��G(.iC.� `j�7/�� j W .. �� ort� /�-f�G�-1�.,�-� S ..� i2C�e,z�, .� � �` � r .�� U�� , ,� �- , , ..� . � � c�� .��r.� .��'..� a��; - .z�� -�-d� � . � �%�� cz� � � � � % ��, %�� o, � � � � . t. ( �Z�- _.ce�� '1� ��c�� 7:�- S"s�.3 �-- 0 ��C:;-G� 7�..�Z��l ___. f�AR 2 5 RF�'� �� f .�.�,�� -� , � � ; �� c�� -�- �.� �.�.�- d��.�1 .�- �.�- .�� .�- . ��(r'C� 3-�5=4� �'�7,9 ; .�ern� �-�-c�-a��- , ai�a c�J •. C,��-- . � �, a � � . I Y/r'l i' V Y _ �� bw� V \/ ;le��'��/W� ' � �'"1i�. -� r� {..-L� �� -�� /; � „ �.�'Yh �;n�t � �` �rS ' �2 �ii � 7�---' � � .. � � �- .��ciy� /�'�. � � � `�,2,i�� U . /l/l4 �- � �f/� -�_ �-O � -;�� ,,zr� �-�t,�J `�= /vv J �i ' � �c.i�/ �..�e,2�--� � w�-�, ✓�.�� . � �� . �-- i�� MAR 2 5 R� Dear Public Off'icials, March 17, 2004 During the past five months I have been following the Spring Valley Estates senior housing proposal very closely. Even though the outcome affects our neighborhoods directly, I think your decision will have implications for our entire city. The most important point is that this development could no� occur if it were not for the housing chapters in the City of Fridley Comprehensive Plan. In my opinion the" Comprehensive Plan is neither." It was meant to have involvement from all the citizens but ended up being a product of the city staff. And if you approve this project before we have a chance to amend the plan it will be too late because you have now established policy, not a plan. The most objectionable part of the plan in my opinion, is who decided where to draw the lines and boxes that surround specific areas on a map in the plan. Which committee or group decided which neighborhoods axe worthy of maintenance, reinvestment, and stability and which are not? I guess my Moore Lake Hills home is worthy and maybe I should just be quiet, but apparently my brothers home in the Hyde Park area is not. If you draw areas on a map where "redevelopment is likely to occur," my brother and thousands of other residents may be faced with the same dilemma as the residents on 64th Avenue and on Mississippi Street. Once again, we will pit neighbor vs. neigh.bor, those selling out supporting the redevelopment and those left behind to stare at a huge high-density building opposing it. This policy 0 � would have a negative impact on neighborhood stability. Who is going to remodel a home or build a garage if they don't know what the future may bring; a buyout from a developer or being left behind in a neighborhood they no longer recognize? Those maps should be replaced with written language, which describes the general philosophy on redevelopment. This should be a consensus shared by the people of Fridley and their elected officials. An example would be "owner occupied housing is desired because it adds stability to our neighborhoods, or "if structures are removed for the purpose of redevelopment they should be replaced with housing density that is consistent with the adjacent existing housing." If the Spring Valley Estates are approved based on the fact that it is in a redevelopment zone in the Comprehensive Plan, then you have set many precedents. Those huge redevelopment areas on the map are all fair game whether the area calls for re-development or not. Good single family homes can be displaced simply to make room for the developers proj ect, and to acquire enough land to avoid a spot rezoning issue. This means that developers will initiate redevelopment based on profits they can make rather than whether the development is needed. Then it is up to the City Council to try to prove why the development should not be there, rather than the developers having to prove their case to the Council. The Council should lead in redevelopment rather than just react to proposals. Simply put, if you let developers and the city staff 0 r a whose jobs depend on development dictate the situation, we have Iost control as a citizenry. A lot of us moved here to Fridley to have the peace of mind of "what you see is what you get." if you vote yes on Spring Ualley Esta.tes then the developers and staf� dxive events much like they do in a developing city such as Blaine. We are a fully developed city, but are we really in dire need of redevelopment? I would like to invite all Public Of�icials and the Community Development Staffto join me on a tour of a truly needed redevelopment district where I deliver mail. There is a proposal pending, which will displace two single family homes and one business building for a 71 unit R-3 type structure. The 2500 block of Queen Avenue North will have this structure put right in "their back yaxd." Neighborhood opposition is not quite as organized because half the homes on that biock are vacant. In fact if you were to draw an arc with a one-block radius from the center of the project, you would find thirteen vacant buildings and six empty lots where single family homes once stood. The North Minneapolis sight is a redevelopment area. What we have in Fridley with the Spring Valley Estates proposal is a wooded lot that has never been developed surrounded by modest affordable sing�e family homes on large wooded lots similar to the neighbors to the east. Please cansider all these ideas and suggestions prior to making a final suggestion on Spring Vall�y Estates. Respectfully, , "�''Z"'�'��'`�-�. �„ Timothy M. Byrne � -. Bolkcom, Ann _ From: Mark A Schwartz [mjjsch�juno.com] Sent: Monday, March 29, 2004 1:49 PM To: Bolkcom, Ann Subject: Profitmax's New proposal � profitmax new �roposal.doc (23.. In the interest of saving time at the meeting tonight, I would like to present some new issues (in the enclosed attachment) for your review. Thank you for your consideration. Jean Schwartz 0 1 � March 29.2004 In carefully evaluating Profitmax's proposal da.ted 3/24/04; I have come across several new areas of inconsistencies. According to the Planning Departments submission the proposal meets all the setback requirements for the R 3 and C-2 districts, and states that the petitioner is meeting or exceeding all parking requirements. Both statements aze incorrec� In the interest of saving time at the meeting tonight, I would like to present them to you now, with the hope that you have time to review them before the meeting. LOT COVER.AGE Lot coverage is at 26.67%. Profitmax states that 20% lot coverage is required for R-3. In f�.ct, the R-3 code states that NO more than 20% of the lot should be covered by the main building. Maximum lot coverage for C-2 property is 25% for a four-story building, and 20% for a five- story building which this actually will be. The building ha.s too much lot coverage for either a standard R-3 or C-2 district. This building is still too large for this parcel of land. RETAIL PARKING The retail space has increased by 330 square feet from the previous proposal. Interestingly, BEFORE the increase in size thev needed 90 parkin�spaces, but claim to onlv need 69 parkin� �aces for the larger project. Nomial parking ra.tio for C-2 is 1 stall for every 150 square feet of floor area and increases to 1 for 100 square feet when there is a restaurant. They have based the new parking ratio on the speculative parking ratio of 1 stall for every 200 square feet of floor area. By using S-2 zoning you aze specifically approving this exact project with retail space of 13,750 feet, so it cannot be speculative building floor azea. Therefore, by normal C-2 parking ratios, even without a restaurant, the new proposal should contain 92 retail-parki.ng spaces, not the 73 provided. The new proposal is SHORT 19 parldng stalls for the commercial area. • PARKING AND HARD SURFACE AREAS Both R-3 and C-2 codes state all parking and hard surfaces sha11 be no closer than 20 feet from any street right of way. The C-2 code also requires a 5-foot sidewalk easement and a 15-foot planting strip behind the required sidewalk easement. ALL of the north row of parking stalls along Mississippi Street and many parki.ng stalls along Old Central aze sitting right on or within a few feet of the property line and right of way. If the streets were widened the parking stalls would be sitting right next to the street. The wallcing path azound this ENTIRE project appears to be completely in the right of way, including on the eastside where it is in the alley. The signage and ma'ori of the landscaping appear to be primarily located in the right of ways also. Anoka County expressly prohibited this in their letter dated 1/27/04. If any of these streets were widened there would be nothing left but the ponds, pazking, and the building. Again the project is too large for the land. • HOUSING BUILDING SETBACKS SIDE YARD EAST- While the 18-foot side-yazd setback for a 45-foot building is technically conect per the R-3 code, it seems to violate the intent of the law. If the building was just ONE foot taller it would need to be set back at least 51 feet from the property line since it adjoins R-1 property. G2 code states that permitted buildings and uses shall not be closer to the boundary line of any adjacent residential district than 50 feet. . SIDE YARD DRIVEWAY- The R-3 code states tha.t where a driveway is provided in the side yazd the minimum required side-yazd setback is 25 feet and it increases to 30 feet in a C-2 district. The driveway from Mississippi Street, which runs along the side yard, appears to be within 1-2 feet of the property line. Therefore, the 18- foot setback for the building is incorrect. • HOUSING PARKING DATA While the number of parking stalls provided is adequa.te if the building is classified as an independent living facility, all of the codes state that IF the building is convertible to xnarket rate the number of parking stalls required increases. It would be difficult to azgue this building could not be converted, and if that were to ha.ppen, the proposal is 26 parking stalls short of the required number. While we realize that S-2 zoni.ng allows for some latitude in the codes, the S-2 zoni.ng still states that the standards shall be compazable to other similar uses that are allowed in other districts. This project seems to devia.te in ma.ny important azeas. The proposal was too large for the land before, and the project is still too dense. It would seem that if this rezoning and pla.t request were approved you would be setting several new precedents for the substantia.l parts of Fridley that are listed as redevelopment areas. Thank you for your consideration. Jean Schwartz J ,,, :� , ,- I � I -, � Sprin� Valley Estates Scale 7"=30' March 20th, 2004 Rev. 14 ARCHITECTURAL WORKS villard, Inc. ' Rtck Harrtscn "'° B1C�"�"'>`" ""°'°" � ��. Imet [ove 9e14�G, ed 560'!6 O esign Studio '"� 612.801.1555 �te . ��a ,. SHEET A-1 , � �� Developer: John Demello °�� __ __. �� MJ3�m�wniwHO�n oownv�iM,xiinweu b1n - � 0 � � CfTY 4P FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF MARCH 29, 2004 Date: March 23, 2004 � To: William Burns, City Manager �� From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject: Plat Request, PS #04-01and First Reading of an ordinance for Rezoning, ZOA #04-01, John DeMello, Profitmax Inc. M-04-46 INTRODUCTION John DeMello of Profitmax, Inc., is requesting a plat to create one new parcel from 1314 Mississippi Street, 1340 Mississippi Street, 6401 Central Avenue, 6421 Central Avenue, 6441 Central Avenue (vacant), 6461 Central Avenue (vacant), 1341 64�' Avenue and 1357 64th Avenue. Mr. DeMello is also requesting a rezoning for the east side of Central Avenue between Mississippi Street and 64th Avenue. Currently, there is a mixture of commercial and residential zonings and the petitioner is seeking to rezone the entire block to S-2 Redevelopment District. PLANNING COMMISSION RECOMMENDATION At the February 18, 2004, Planning Commission meeting, a public hearing was held for PS #04-01 and ZOA #04-01. After receiving public comment and having a discussion, the Planning Commission recommended approval of plat request, PS #04-01 and rezoning request, ZOA #04-01 and subsequent master plan, with the 22 stipulations as presented. THE MOTION CARRIED BY A 6 TO 1 VOTE. PAST COUNCIL ACTION The City Council tabled action on both the plat and rezoning at the March 8, 2004 meeting. The Council directed staff to prepare a finding of fact based on their concerns, to deny the project as proposed. Fritz Knaak, City Attorney's, resolution is available as requested. Since the March 8, 2004, City Council meeting, the petitioner has submitted a revised site plan based on comments received from Anoka County and concerns raised by 95 ,�- neighboring property owners and the Council. The new master plan proposal is in your packet and contains: • One lot, with one building. The new building will include 13,750 square feet of retail space on the north side of the ground floor and 90 owner-occupied senior condominium units located above the retail and the remainder of the building. • The building will be comprised of three story wings on the north and south ends and a will be a four story building in the center, where the main entrance of the building is located. The three story wings will be 35 feet in height and the four story center will be 45 feet in height. • The retail portion square footage has been expanded by 330 square feet and there is an addition of 19 senior condominium units. • All setback requirements are being met as if the building was designed to meet the R-3, Multi-Family and C-2, General Business zoning districts requirements. • The petitioner is meeting or exceeding all parking requirements. • The entire development both commercial and residential will be under single ownership. • The parking garage for the complex will receive access from Mississippi Street and 64th Avenue. Tra�c Analysis The petitioner has asked Tra�c Data, Inc. to re-evaluate the previously submitted traffic study to include the new access point and the additional condominium units. The consultant determined that the revised plan will add minimal traffic beyond the initial proposal. The change in the driveway configuration will improve the traffic flow on Central Avenue by reducing the number of conflict points. There is enough capacity on both 64th Avenue and at the Central Avenue/64th Avenue intersection to accommodate traffic from the proposed driveway on 64th Avenue. Please see letter from TDI Inc., included in your packet. � . Anoka County ; City staff and the petitioner met with Anoka County to review the comments and concerns the County had and to review the revised site plan for Spring Valley Estates. ." The County had concerns regarding too many access points on Central Avenue and commented that they would prefer to see an access on 64th Avenue. To address those concerns, the developer has reduced the number of access points on Central Avenue to one driveway and has redesigned the �arking garage, so it receives access from Mississippi Street on the north and 64t Avenue on the south. The County has stated - that they are acceptable to this redesigned plan and would permit access on Central Avenue as well as an access on Mississippi Street. _ The County stated that currently there are no immanent plans for reconstruction of either Central Avenue or Mississippi Street, nor are there any immanent plans to signalize the intersection. However, it is still important to plan for the future conditions as development plans are considered for approval. The County is pleased that this redesign has moved an access to 64`h Avenue because it is very likely that that whenever Central Avenue and Mississippi Street are rebuilt, it would become a right ., I' � in/right out, and 64th Avenue could possibly serve as a location for future median break or full access location. Please see letter from Anoka County included in your packet. Rice Creek Watershed - wetland The petitioner and his consultant met with the Rice Creek Watershed District on March 24, 2004. City staff received a notice of exemption from the Rice Creek Watershed, on March 25, 2004. The exception was approved as it appears that the wetland was incidentally created and is not protected under the Wetland Conservation Act. As a result, stipulation #7 has been removed from both land use requests. A copy of the exception is included in your packet. The developer sent a copy of the revised plan to neighboring property owners as well as people who had shown an interest on the topic. PLANNING STAFF RECOMMNEDATION Like, the Town Center Development proposal, this master plan has been modified to address concerns �aised by the Planning Commission, City Council and the neighborhood. City Staff recommends approval of the new site plan, plat request and the rezoning request, with the subsequent master plan. STIPULATIONS Staff recommends the following stipulations be attached to the approval of all land use requests above: 1. Property to be developed in accordance with master plan submitted to City staff on March 24, 2004. 2. Building elevations shall be constructed in accordance with architectural plan A- 5, titled Exterior Elevations, dated 3-24-04. 3. Petitioner to obtain all necessary permits prior to construction. 4. Petitioner to meet the attached comments from the Fire Marshall. 5. Petitioner to meet all building and ADA requirements. 6. Buildings at 1314 Mississippi Street, 6421 Central Avenue, 6401 Central Avenue, 1341 64th Avenue, and 1357 64th Avenue, to be removed prior to issuance of condominium building permits. 7. No business signs shall be located within the County right-of-way. Any planting within the right-of-way to be approved by the County prior to planting. 8. Petitioner to obtain a permit from Anoka County for any work done within the county right-of-way. 9. Petitioner shall identify ponding area and provide easements for stormwater run- off and management. 10. Storm pond maintenance agreement for both platted lots must be filed prior to issuance of building permits. 11. Petitioner shall obtain any required NPDES Permit and provide NURP ponding for entire site. 12. A perpetual cross-pond agreement to be submitted prior to issuance of building permits to assure continued pond access. 13. City Engineering staff to review and approve grading and drainage plan prior to issuance of building permits. 97 14. Landscape plan to be reviewed and approved by City Staff prior to issuance of building permit. 15. Petitioner to pay required Park Dedication Fee of $4,486.06. (195,046.02 square feet of land times .023 per square feet) 16. Petitioner to provide City with a copy of the buildings' association documents prior to issuance of a building permit. 17. Building to be restricted to seniors and policies to do such shall be outlined in association documents and filed with the County with final plat. 18. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 19. 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. 20. The petitioner shall be responsible for the cost of any traffic improvements necessary to accommodate the traffic generated by the development including signalization or other improvements, if determined necessary by Anoka County. 21. A Development Agreement outlining the Developer's obligation to install utilities, etc., will be prepared by the City and shall be signed by the Petitioner prior to final plat approval. .. � � � 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: 1340 Mississippi Street, 1314 Mississippi Street, 6461 Central Avenue (vacant), 6441 Central Avenue (vacant), and 6421 Central Avenue. Lots15-19, Block 1, Spring Valley Addition, subject to easement of record. 6401 Central Avenue: Lot 20, Block 1, Spring Valley Addition, except East 184 feet thereof, subject to easement of record. 1341 64th Avenue: The West 75 feet of the East 184 feet of Lot 20, Block 1, Spring Valley Addition, subject to easement of record. 1357 64th Avenue: The West 75 feet of the East 109 feet of Lot 20, Block 1, Spring Valley Addition, subject to easement of record. Is hereby designated to be in the Zoned District S-2 (Redevelopment District). SE CTION 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 C-1 (Local Business), C-2 (General Business), and R-1 (Single Family) to S-2 (Redevelopment District). PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS -- -- DAY OF MARCH, 2004. .. ATTEST: DEBRA A. SKOGEN — CITY CLERK Pubiic Hearing: March 8, 2004 First Reading: March 8, 2004 Second Reading: Publication: 100 SCOTT J. LUND — MAYOR �, ATTACHMENT 1 Stipulations for Rezoning Request ZOA #04-01, John DeMello, Profitmax, Inc.: 1. Property to be developed in accordance with master plan to be submitted prior to the City Council meeting of March 8, 2004. 2. Building elevations shall be constructed in accordance with architectural plan A-5, titled Exterior Elevations, dated 2/6/04 and architectural plan A- 9, titled Retail Floor Plan and Exterior Elevations, dated 2/6/04. 3. Petitioner to obtain all necessary permits prior to construction. 4. Petitioner to meet the attached comments from the Fire Marshall. 5. Petitioner to meet all building and ADA requirements. 6. Buildings at 1314 Mississi�pi Street, 6421 Central Avenue, 6401 Central Avenue, 1341 64th Avenue, and 1357 64th Avenue to be removed prior to issuance of condominium building permits. 7. Petitioner to provide Certificate of Exemption for wetland or mitigate the wetland to meet the Rice Creek Watershed Districts regulations prior to issuance of a building permit. 8. No business signs shall be located within the County right-of-way. Any planting within the right-of-way to be approved by the County prior to planting. 9. Petitioner to obtain a permit from Anoka County for any work done within the county right-of-way. 10. Petitioner shall identify ponding area and provide easements for stormwater run-off and management. 11. Storm pond maintenance agreement for both platted lots must be filed prior to issuance of building permits. 12. Petitioner shall obtain any required NPDES Permit and provide NURP ponding for entire site. 13. A perpetual cross-pond agreement to be submitted prior to issuance of building permits to assure continued pond access. 14. City Engineering staff to review and approve grading and drainage plan prior to issuance of building permits. 15. Landscape plan to be reviewed and approved by City Staff prior to issuance of building permit. 16. Petitioner to pay required Park Dedication Fee of $4,486.06. (195,046.02 square feet of land times .023 per square feet) 17. Petitioner to provide City with a copy of the buildings' association documents prior to issuance of a building permit. 18. Building to be restricted to seniors and policies to do such shall be outlined in association documents and filed with the County with final plat. 19. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 20. 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. 101 21. The petitioner shall be responsibie for the cost of any traffic improvements necessary to accommodate the traffic generated by the development including signalization or other improvements, if determined necessary by Anoka County. 22. A Development Agreement outlining the Developer's obligation to install utilities, etc., will be prepared by the City and shall be signed by the Petitioner prior to final plat approval. 102 � � e�i �4� �nn� l0 15,45 OJ1JO��CO HWY T�P'T � 9�1389118'7� .. �� riarcb Z3. 2004 � IYLJ. flGll �/e►G ca�u�T�r o� an�o�cA Pybt�C Se�vices Qiwision HIGHYVAY DEPAFiTM�NT t�4d BLJNKER IAKE BWD. N.W., AIVpOVER� MINPi�s07A 35�04-4005 (763� 662-4�b0 FAX (783) 862-4204 3tscr Sirott�berg � . . City af F�dley 643 l tlniveniri Ava.1�T� Fcidley, MN 55432 RH: Additio�►1 Reda�iign: Spring Yatamy isstates �oat 9�Y� Oa Macch 17, 2U04, we met wi� be�locatea d� ��udtaa�t� adraat C9A�T 3(C�e�a�l Ave. �d� 'V'slley Estates davolvpmant� 9 CR106 (M�x�iesippi S�) �ithin tlto Cit�r of Pridloy. ,4t the mcetiAg,�a rav'ued plaa for Mis davatogmaEat was pteaet►ted fcr air cansideration thst Ghcludod en oeeess oC�to CK lUb adJ�t to tl�e e�st proporcy linG of �liin sstw sn +�ar� �no°' C9Ail SS bcated dirocti�r �Pint ,oa�o G4° Av� o�o N� adjacea� te tbe eaet�ProP°rtS' �f tha Su�dy's Itcs�aat sito, and �u mcccss 1'me ci tbis sito. 'Wa liston� w t� � p�rosanoed for thi� wrrea� �desi�ri of tIu Sp�ring V$lJoy Estatea dorolopmait 'QVhito wa �tili �aa� bonino oqr p�ovious wmmenta fnr this site ckvclop�ment, wo ue williag ro c�omisa regardi�S �� P� developmcnt �nd we aiU perlai� ctue �ocess schcme onra cluio CR 106 and CS�IH 35� develop�d 'm the �dditinnsl redenl� af thie sito. . . Plesse twte tbst thacs wre aa imrnanent plane f� tl�e roaonstruc0on Qf aither CR 106 ot CSAH 3 S, noT aTe thero Any imams�at pi�s to slgnalize ifie CR 106/c�3AH 3S in�ersectioa.. White tbero et+e tbo cauntY �i�bway al.�s for zba raooasnvcdon af �hesa rautea, u ts �cill ;mpo�tsat m plan for tho fuwre coaditians ay dovalvptacat plui�a aro cortaidc�cod for approval. Ae wo notod in o�u previous tevisw of thie sita, it i� (�cely that whcnaver tho CSAH 35lCR 10b i� mbaik iu tbo iututo. it w+iU lik�ly b$va taisc� m�dirat chaaweltzatian. and aeea3� potD1S w1t11�t1 d119 d0oelapmea�t eare lilcisly to becom� 2'tgb! i?IIR�[ ali[.Wo l4YG p��e0 t�t the �pdasigin af �Ists siu doas provWe !a eome siu+ acoasa to occur cnto G4�' Aveaue l�IE as we f�d reaammended, as 64� Avenue NP appears to h�vo ar� adequats d�gree af seperatioA from CR l06 a�d ooutd posaibb sotve �e �. location for a futwa modian broak or ti�lt acce� loa�an• We sre in ��eemeat aa the CR 1.06 eccecs 1eaAtion. Aa� we witl allaw en acaose ontn CSAH 35 at the locuion presant�d at our 3117fZ044 meoting. If che Ciry a�l the develaper wieh to c@viee this CSAH 35 aocaes iocntion aom�whnt � that it is located st a point whore it may grovido mo� �oese flexibil'rt5►/patsntul occess optiona iw t� fut�ro soona�io, we woald be open tooking at a ravised loosdqa iat thi� �SAH 35 �ccose point. it js our underst�uding that tbe d�volopet w�ll pcavid� right twn Lanes that t�ect ow approvu for the CSAH 3 S qttd C� i Q6 aaceae pointa. ' A(f'�nt►adve Action 1 Equal Opportunliy �mplo� 103 v_. @3�4i2�d v 15: q5 AMOKA CO H�1Y DPT 3 Sb51389116'F �.u. i ui n.�,.r 3tacy S�rombarg Rc: �fian�l Redeaiga: Sprirg Valley Estates t�t�cn z3, znoa i+t�,e 2 All o�t1a W�ItR►�ats pertSiaiug ta tAis siu fram our previuus reviaw raaaia unohna�. pleaes sa►i�act Anttr�v VY'umr. Conattuction 9aiviceR Eagiaea. fa madway sectioa iafo�►sii.oa, t�pic,alsidctails foT turn lane �mswcrion. and furchar i�orinatio� ceg�tdin� Qut Engwearmg Pltn rovie�r pr�ss.. Tttiank you far tha oppora�aitY to moat end comment furtber on tt►u da�►alopmoax F�I frbe to contsct me � if you bave �usy questaAS• _ $' erely. . , �ane K Rope 7csfftc Engaoering ARei►a��r � x�; CSqH 3s + cRior►rn�►'rsr�ooa � M�ks iCelly� Chie�'Ri�t Of WaY A�nt Y,erry flaium� County Survayor � &ogar $tule�. Tcaftic Bngine�ing Coordi�tnr 7o�ie Scot� Fs�ma= Tochairiaa �'am �Iornsby. T�ceffic S�rvioeff 9upervisar - 3ig� And�w WiCtet, Conatc►sotion Setvice� Eagimeer ', , , � 104 � � � � �� . .: . - . �� 4. �� * ��`��'s��. - - _ , _ � �, ,��r, - _., .: . . emo To: John Demello, Profit � From: tJfike Spack, P.E. ►"` Date: 03/19/04 Re: Revisions to Spring Valley Estates Traffic Impact Report cc: Scott Hickok, City of Fridley Planning Director 1313 5'" Street SE Minneapolis, MN 55414 phone 612.379.3844 fax 612.379.3845 www.trafficdatainc.com mspack@trafficdatainc.com Backqround Profit Max proposed to construct a 71 unit elde�ly housing faal'ity and a separate 13,500 square foot retail building on the southeast comer of Mississippi Street NE (C.SAH. 6) and Central Avenue NE (C.S.A.H. 3� in Fridley, MN. TDI prepared a Traffic Impact Repatforthe proposed Spring Valley Estates in January 2004. A proposed access on Old Cer�tral Avenue and a proposed aa;ess on Mississippi Street was to serve the future retail building. The elderiy housing facility was to be senred by one separate aa�ss on Old Ceritral Avenue. Profit Max is submitting a revised plan to the City for approval based on commerits from Anoka County and concems expressed by resider�ts and the City Council at the Public Hearing. The new proposal contains: • One building with 13,500 square feet of retail on the ground floor with 90 owner occupied senior housing units on floors above the retail. The retail square footage remains the same as the previous proposal and 19 senior housing units are added compared to the o� iginal propnsal. • A parking garage under the building will be served by a driveway access to Mississippi Street and a driveway access to 64�' Avenue. • A surface parking lot will be provided for the retail customers and visitors to the senior housing. The lot will have one access to Old Central Avenue directly across from the Town Center Elderly Housing project's driveway. Per your request, I have reviewed the proposed changes and determined if they will cause significant trafFc impacts. DBE Certified in Minnesofa 105 John Demelio Page 2 Spring Valley Estates Findinas ' Based on the /TE Trip Generation Manual, 7�' Edition, 66 daily trips will be added, and 2 trips II will be added both in the a.m. and p.m. peak hours by the additional 19 senior housing units. , These volumes wi(I not have a material impact on the Old Central Avenue/Mississippi Street !, intersection or the Old Central Avenue/64�' Avenue intersection. Several residents I expressed concem about a potential acc,ess to the site on 64�' Avenue. This new access will have at most 10 vehicles using the driveway during the peak hours. These vehicles will not degrade the level of service at the Old Central Avenue/64"' Avenue intersection nor will they _ have a sign�cant impact on 64�' Avenue. " Conclusions =- The revised plan will add minimal traffic beyond the initial proposal. The change in the driveway configurations will improve the traific flow on Old Central Avenue by reducing the number of conflict points. There is enough capacity on both 64�' Avenue and at the Old Central Avenue/64�' Avenue intersection to accommodate trafFc from the proposed driveway on 64�' Avenue. , ;`� f� � � . � �� . � �1 G't-� � � �� . 'v� � .y v�;� � �e.� �' � n�� , os � � Rice Creek Watershed District 4325 Pheasant Ridge Drive, Suite 611 Blaine, MN 55449 Office Phone: Office Fax: 763-398-3070 763-398-3088 NOTICE OF WETLAND CONSERVATION ACT DECISION Name of Applicant: John DeMello Application Number: 04-001 Project Name: Sprin�allev Estates Project Location: Fn•dlev Type of Application (check one): X Exemption Decision No Loss Decision Replacement Plan Decision Banking Plan Decision Date of Decision: March 25. 2004 Check One: X Approved Approved with conditions Denied List of Addressees: MN Board of Water and Soil Resources, ATTN: Lynda Peterson (w/enclosure) HQ, MN/Department of Natural Resources, ATTN: Doug Norris (w/enclosure) Metro HQ, MN/Department of Natuxal Resources, ATTN: Wayne Barstad (w/enclosure) U.S. Army Corps of Engineers, ATTN: Tim Fell (w/enclosure) Anoka Soil and Water Conservation District, ATTN: Becky Wozney (w/enclosure) Applicant City of Fridley RCWD File/Engineer/Inspector You are hereby notified that the decision of the Local Government Unit on the above-referenced application was made on the date stated above. A copy of the Local Government Unit's Findings and Conclusions is attached. Pursuant to Minn. R. 8420.0250 any appeal of the decision must be commenced by mailing a petition for appeal to the Minnesota Board of Water and Soil Resources within thirty (30) calendar days of the date of the mailing of this Notice. Date of mailing of this Notice: March 25 ,2004 Rice Creek Watershed District By: Steve Hobbs Title: Administrator 107 Local Government Unit's Findings and Conclusions The entire site is covered with debris and the topography suggests that large amount of fill have been deposited on the site. There is one depression on the site that could possibly have wetland characteristics. The plant community consists of inedium sized green ash trees and very little other vegetaxion. It is too early in the season to determine if the depression has hydric soils or evidence of wetland hydrology. If the depression does have wetland characteristics it is very poor quality. The applicant presented aerial photos and climatic data for the project. The 1938 aerial photo shows that depression being cultivated in row crops and the climatic data indicates that 1938 had normal rainfall. : The 1964 aerial photo clearly shows fill being brought onto site just west of the depression. The topography of the site indicate that the depression was likely filled and re-excavated or had fill placed all around it artificially creating a depression. The aerial photo evidence along with the extensive amount of disturbance that is apparent on the site provide enough evidence that the depression within the project was incidentally created. Please call Karl Hammers at 763-398-3072 for further details. � 0 108 � I '- t' ,' � �� t'.'— ¢ 1' L t4 L f{^`aY^.{ 6,, Tt'� �(— "{- fY#f��iitil�st� i i �✓ � t�.�G � --�--- __.. .._ __.. _. :�.__..—._. _�.� . �.�� _ . , � . . � . . �-� -� . -- -_. .. . � :._.__..__ . _... .... � _ _ �_. .,_ �� g� ��5 F�:��e�, ��iE�n�s�c�La �� villara, xnc. R�6iC If�It1S�A srn n.�ms. s,n -.aa... ta..e sr«. w�ee.. r sw�� $1� �C51�1 $�10 su.wi.un ��»... SHEET A-0 �� Devebper. John Demello 109 � AGENDA ITEM � CITY COUNCIL MEETING OF MARCH 29, 2004 CfTY OF FRIDLEY Date: March 23, 2004 � To: Wiliiam Burns, City Manager�4` From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject: Plat Request, PS #04-01 and First Reading of an ordinance for Rezoning, ZOA #04-01, John DeMello, Profitmax Inc. M-04-46 INTRODUCTION John DeMello of Profitmax, Inc., is requesting a plat to create one new parcel from 1314 Mississippi Street, 1340 Mississippi Street, 6401 Central Avenue, 6421 Central Avenue, 6441 Central Avenue (vacant), 6461 Central Avenue (vacant), 1341 64th Avenue and 1357 64th Avenue. Mr. DeMello is also requesting a rezoning for the east side of Central Avenue between Mississippi Street and 64th Avenue. Currently, there is a mixture of commercial and residential zonings and the petitioner is seeking to rezone the entire block to S-2 Redevelopment District. PLANNING COMMISSION RECOMMENDATION At the February 18, 2004, Planning Commission meeting, a public hearing was held for PS #04-01 and ZOA #04-01. After receiving public comment and having a discussion, the Planning Commission recommended approval of plat request, PS #04-01 and rezoning request, ZOA #04-01 and subsequent master plan, with the 22 stipulations as presented. THE MOTION CARRIED BY A 6 TO 1 VOTE. PAST COUNCIL ACTION The City Council tabled action on both the plat and rezoning at the March 8, 2004 meeting. The Council directed staff to prepare a finding of fact based on their concerns, to deny the project as proposed. Fritz Knaak, City Attorney's, resolution is available as requested. Since the March 8, 2004, City Council meeting, the petitioner has submitted a revised site plan based on comments received from Anoka County and concerns raised by 110 � � neighboring property owners and the Council. The new master plan proposal is in your packet and contains: • One lot, with one building. The new building will include 13,750 square feet of retail space on the north side of the ground floor and 90 owner-occupied senior condominium units located above the retail and the remainder of the building. • The building will be comprised of three story wings on the north and south ends and a will be a four story building in the center, where the main entrance of the building is located. The three story wings will be 35 feet in height and the four story center will be 45 feet in height. • The retail portion square footage has been expanded by 330 square feet and there is an addition of 19 senior condominium units. � All setback requirements are being met as if the building was designed to meet the R-3, Multi-Family and C-2, General Business zoning districts requirements. • The petitioner is meeting or exceeding all parking requirements. • The entire development both commercial and residential will be under single ownership. � The parking garage for the complex will receive access from Mississippi Street and 64'h Avenue. Traffic Analysis The petitioner has asked Traffic Data, Inc. to re-evaluate the previously submitted traffic study to include the new access point and the additional condominium units. The consultant determined that the revised plan will add minimal traffic beyond the initial proposal. The change in the driveway configuration will improve the traffic flow on Central Avenue by reducing the number of conflict points. There is enough capacity on both 64`h Avenue and at the Central Avenue/64th Avenue intersection to accommodate traffic from the proposed driveway on 64th Avenue. Please see letter from TDI Inc., included in your packet. Anoka County City staff and the petitioner met with Anoka County to review the comments and concerns the County had and to review the revised site plan for Spring Valley Estates. The County had concerns regarding too many access points on Central Avenue and commented that they would prefer to see an access on 64'h Avenue. To address those concerns, the developer has reduced the number of access points on Central Avenue to one driveway and has redesigned the�arking garage, so it receives access from Mississippi Street on the north and 64 Avenue on the south. The County has stated that they are acceptable to this redesigned plan and would permit access on Central Avenue as well as an access on Mississippi Street. The County stated that currently there are no immanent plans for reconstruction of either Central Avenue or Mississippi Street, nor are there any immanent plans to signalize the intersection. However, it is still important to plan for the future conditions as development plans are considered for approval. The County is pleased that this redesign has moved an access to 64'h Avenue because it is very likely that that whenever Central Avenue and Mississippi Street are rebuilt, it would become a right 111 in/right out, and 64th Avenue could possibly serve as a location for future median break or full access location. Please see letter from Anoka County included in your packet. Rice Creek Wafershed - wetland The petitioner and his consultant met with the Rice Creek Watershed District on March 24, 2004. City staff received a notice of exemption from the Rice Creek Watershed, on March 25, 2004. The exception was approved as it appears that the wetland was _ incidentally created and is not protected under the Wetland Conservation Act. As a ,- result, stipulation #7 has been removed from both land use requests. A copy of the exception is included in your packet. s The developer sent a copy of the revised plan to neighboring property owners as well as people who had shown an interest on the topic. PLANNING STAFF RECOMMNEDATION Like, the Town Center Development proposal, this master plan has been modified to address concerns raised by the Planning Commission, City Council and the neighborhood. City Staff recommends approval of the new site plan, plat request and the rezoning request, with the subsequent master plan. STIPULATIONS Staff recommends the following stipulatrons be attached to the approval of all land use requests above: 1. Property to be developed in accordance with master plan submitted to City staff on March 24, 2004. 2. Building elevations shall be constructed in accordance with architectural plan A- 5, titled Exterior Elevations, dated 3-24-04. 3. Petitioner to obtain all necessary permits prior to construction. 4. Petitioner to meet the attached comments from the Fire Marshall. 5. Petitioner to meet all building and ADA requirements. 6. Buildings at 1314 Mississippi Street, 6421 Central Avenue, 6401 Central Avenue, 1341 64th Avenue, and 1357 64�' Avenue, to be removed prior to issuance of condominium building permits. 7. No business signs shall be located within the County right-of-way. Any planting within the right-of-way to be approved by the County prior to planting. 8. Petitioner to obtain a permit from Anoka County for any work done within the county right-of-way. 9. Petitioner shall identify ponding area and provide easements for stormwater run- off and management. 10. Storm pond maintenance agreement for both platted lots must be filed prior to issuance of building permits. 11. Petitioner shall obtain any required NPDES Permit and provide NURP ponding for entire site. 12. A perpetual cross-pond agreement to be submitted prior to issuance of building permits to assure continued pond access. 13. Ciry Engineering staff to review and approve grading and drainage plan prior to issuance of building permits. 112 � � 14. Landscape plan to be reviewed and approved by City Staff prior to issuance of building permit. 15. Petitioner to pay required Park Dedication Fee of $4,486.06. (195,046.02 square feet of land times .023 per square feet) 16. Petitioner to provide City with a copy of the buildings' association documents prior to issuance of a building permit. 17. Building to be restricted to seniors and policies to do such shall be outlined in association documents and filed with the County with final plat. 18. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 19. Property owner of record at time of building permit application, to pay all water and sewer connection fees prior to issuance of a building permit. 20. The petitioner shall be responsible for the cost of any traffic improvements necessary to accommodate the traffic generated by the development including signalization or other improvements, if determined necessary by Anoka County. 21. A Development Agreement outlining the Developer's obligation to install utilities, etc., will be prepared by the City and shall be signed by the Petitioner prior to final plat approval. 113 t70� tK/ Guvw io. oa VJiJV �i+�/ .... .. g32�2pf]4 15:45 f�dOKa CO I�.4Y i� ��.`13S911B7 �ca:c� �, aoaa IVU. fYJl Isl7G �� u r� �r �r a� a �v a�c A pyp�ic se�vices Di�islan Mit3HWAY DEPAI�TM�N1' 1�44 BLJNKEfl L.AKE 9LV0. N.W., AtVRQYER, MINIV�g07A 3S�fl4-a0o5 irs3� as�-a�ao F�uc (7as) s�2-a2af � � 3tscr Stromberg � , . City af Fridloy 643 t UniveTSity► Ava NF ��idley, MN 55432 RH: Additic�►1 R��gn: Spru�g Vai.l�}r Estai,es �a� �t�cY� Oa Mocr�►17, ?A44. wc mat wish Ciry of Fridley aaa$' $s waU as ti�t srehio�at sad davdcyper frn ti� Spru�g Vatky Bststes davelvpment� bn ba located aa tbe southaast quadtant af C9A� 3S (Ce�tral Ava) �u►d CR� 06 (Missasippi S�) w'ithir �►e City of Fridlcy. ,4t �►e tac�tiag,�a ravised plta for this devatopmaat was present�ed for ou�r arnnsideratioa thst i�cludod en wece6s oCtcO t:iC lUb edjpce�t to tl�e e05[ propnRy llttc of this sjlr, an a�ara anw C9Ai13S ►ocsted �iroctly appvsite of the pla�na9 eceese point far ths �eda+rclopm�oc�t ef tha Sandy's Ite�sureat seto, end +m ecccss point oata 64� Avawo NF ad�aceat te the esst prop�t�► tine of this siLo. We liatoned w sht rati�k prasentsd for th'ts o�uroat ri�esi�tt of tbc S�iC►g Y�laoy 8sbatsa devotopma►t, White wa stili staac� bon�n0 oqr p�ious coa�menta fnr �is sit� develop�meat, wo st�e willing to c.a�tpromisa c�eg�vdiug this siea plsu deveiop�►ent ar�d we wiU parmit tha eeocess schcna on�ra che CR 106 and CSAH 3S dwaloped in �ha adAiticnal redeelgn af thie sita. , . p�eeae �ota ti,s� � ute ao iau�►anert plans for die reaonsbvction af aither CEt 1D6 ct CSaH 3S, n� are tharo n�y imms��at pi�s tn slgnalize 1#e CR �Q6/�3AH 3S iaDatsectiora.. While tbeta e�+e no cowiy hig�way pt�ns for tbQ ra000atructiop af thas�e rout�s, u is $till importaat to plen for the future co�ditians a� dovcfupmcat plai�a aro c�nsicWrod fo� nppreval. Ae wo notod ia o�u prtvious ceview of thia sit�, it i� ��cg1� that vvhenev� the CSAH 35tCIt 1D5 i� rebnik in tbo fututo, it w+iU ilkely bsvo taised a�ian chaanal'tzatian. snd acaess points withia this developmea�t are lilcaly to bccQma rigbt inlright nut.We �tre pleaseC that ttw r�dt+aig� af thls siu doas pYOVWe fa aome siu acaass fe occur cnw G4�' Aveuuo NE as we had t�ouuimendad, as 64� A�enne NE appears to hevo an ad�quata dagrea ai�atio� fram CR 106 �d ooutd �ossblo aotve $e � lncation for a futwa madian break or f�ll qcce� loQation. We aro in a�reameat o� the CR 106 ecce�s ieaation. A�l we will aUaw en seoee� �o CSAH 35 at ibe bcation pcosent�d at oar 31171Z004 meotin�. If the Ciry ans! �he develapar aieh �o t�viee dtis CSAH 35 aacaaa loe�ion 9ommwhnt �o that it is locstsd at e point where it may pravu3o morb as'.�e3a flexibil'rty/pa�er►tial access optsoas iu tbe futt�t�o saanario, �ve woald be opan looking ut a rsvised leastiqt► f.or tbi4 C311H 35 �ccese point. Ct �s our underetat�ding eh�t tha d�valopet w�U pcavide pght ttun tanes t1�ai mect ow apptovsl fa thm CSAH 3S und CR i A6 paaeae poiate. � Aff'�a�dve 11cNon 1 Eq� aPP�+�Y �mP4�* 114 � ■ ;@3�42004 15: Q5 ANOKA CO F�11' DPT 3 Sb51389118 f t�u. lut vv,s St+�cY Sfromborg . Rc: AdciiE'�at RedeaigA: Spring Vall�y Eatates � March Z3. ZG04 �a�yo 2 . All o�hrr r,oltmtents pertaining ta t�is siu fram rnu pr�v;�►u� c�ov,c�r rc�nau� unobna�ed. Pissas soatact Anclr�w WuDer, Couauudion Sosvice� EaP��• fa madway sectioa iaforaastion, t�'PicaWdet�ils for turn lane cnn.avuctiun. and futther infomtati� �S'�d�� Plat� revie�w ptvcoss.. 'ihank �►ou fo� the opp�tuQi�Y to mo�t and courmeat furcber on dxi� detieto�� Feei free m co� me if you 6ave �aY questioas. s� �y. �ane IC. B.00e . ' • 7�affic Bt►gmearing Mottg�c xc; C$AH 35 t CR1Q6lPLA'Y'�l2�04a � M�lse Kelty, Chi�f Ri�t Of Way Agent Y,,any iloiwa, County SuNOy�r &ogar Butle�. T�"x �+�8 �a�� 7asie SrAtt� Pe�mit Txhniri�u► '�'am Hoavsby. Trettic 3e�+ioas 9upervisot - �i�.9 Androw Wittat, Conatcuctian Se;vice� Fa�ioeer , , � 115 a � �� • . r . , �� . -- � � ��. . _ - � �� • s Y • • e emo To: John Demello, Profit M��a_x From: Mike Spack, P.E. 1" ` Date: 03/19/04 Re: cc: 1313 5�' Street SE Minneapolis, MN 55414 phone 612.379.3844 fax 612.379.3845 www.trafficdatainc.com mspack@trafficdatainc.com � Revisions to Spring Valley Estates Traffic Impact Report Scott Hickok, City of Fridley Planning Director BackQround Profit Max proposed to construct a 71 unit elderly housing facii'ity and a separate 13,500 square foat retail building on the southeast comer of Mississippi Street NE (C.SA.H. 6) and Central Avenue NE (C.S.A.H. 35) in Fridley, MN. TDI prepared a Traffic Impacf Report for the proposed Spring Valley Estates in January 2004. A proposed acxess on Old Cer�tral Avenue and a proposed access on Mississippi Street was to serve the future retail building. The elderly housing facility was to be served by one separate aa:ess on Old C.eritr�al Avenue. Profit Max is submitting a revised plan to the City for approval based on commer�ts from Anoka County and concems expressed by residents and the City Council at the Public Hearing. The new proposal contains: • One building with 13,500 square feet of retail on the ground floor with 90 owner occupied senior housing units on floors above the retail. The retail square footage remains the same as the previous proposal and 19 senior housing units are added cor�parzd to the original proposal. • A parking garage under the building will be served by a driveway access to Mississippi Street and a driveway access to 64�' Avenue. • A surFace parking lot will be provided for the retail customers and visitors to the senior housing. The lot will have one access to Old Central Avenue directly across from the Town Center Elderly Housing project's driveway. Per your request, I have reviewed the proposed changes and determined if they will cause significant traffic impacts. DBE Certifred in Minnesofa ��6 John Demello Page 2 Spring Valley Estates Findinas Based on the ITE Trip Generation Manual, 7"' Edition, 66 daily trips wiil be added, and 2 trips will be added both in the a.m. and p.m. peak hours by the additional 19 senior housing units. These volumes will not have a material impact on the Old Central Avenue/Mississippi Street intersection or the Old Central Avenue/64�' Avenue ir�tersection. Several residents expressed concem about a potential access to the site on 64�' Avenue. This new access will have at most 10 vehicles using the driveway during the peak hours. These vehicles will not degrade the level of service at the Old Central Avenue/64�' Avenue ir�tersection nor will they have a sign�cant impact on 64�' Avenue. Conclusions The revised plan will add minimal traffic beyond the initial proposal. The change in the driveway configurations will improve the traffic flow on Old Central Avenue by reducing the number of conflict points. There is enough capaciiy on both 64�' Avenue and at the Old Central Avenue/64�' Avenue intersection to accommodate traSfic from the proposed driveway on 64"' Avenue. , ��, - `` V ! _ V �� G�-� � . ��, - �v� � � �;� �' �� :t �� k 117 Rice Creek Watershed District 4325 Pheasant Ridge Drive, Suite 611 Blaine, MN 55449 Office Phone: Office Fax: 763-398-3070 763-398-3088 NOTICE OF WETLAND CONSERVATION ACT DECISION Name of Applicant: John DeMello Application Number: 04-001 Project Name: �rin��Vallev Estates Project Location: Fridle Type of Application (check one): X Exemption Decision No Loss Decision Replacement Plan Decision Banking Plan Decision Date of Decision: Mazch 25. 2004 Check One: X Approved Approved with conditions Denied List of Addressees: MN Board of Water and Soil Resources, ATTN: Lynda Peterson (w/enclosure) HQ, MN/Department of Natural Resources, ATTN: Doug Norris (w/enclosure) Metro HQ, MN/Departnient of Natural Resources, ATTN: Wayne Barstad (w/enclosure) U.S. Army Corps of Engineers, ATTN: Tim Fell (w/enclosure) Anoka Soil and Water Conservation District, ATTN: Becky Wozney (w/enclosure) Applicant City of Fridley RCWD File/Engineer/Inspector You are hereby notified that the decision of the Local Govemment Unit on the above-referenced application was made on the date stated above. A copy of the Local Government Unit's Findings and Conclusions is attached. Pursuant to Minn. R. 8420.0250 any appeal of the decision must be commenced by mailing a petition for appeal to the Minnesota Board of Water and Soil Resources within thirty (30) calendar days of the date of the mailing of this Notice. Date of mailing of this Notice: March 25 ,2004 Rice Creek Watershed District By: Steve Hobbs Title: Administrator 118 � � � Local Government Unit's Findings and Conclusions The entire site is covered with debris and the topography suggests that large amount of fill have been deposited on the site. There is one depression on the site that could possibly have wetland characteristics. The plant community consists of inedium sized green ash trees and very little other vegetation. It is too early in the season to determine if the depression has hydric soils or evidence of wetland hydrology. If the depression does have wetland characteristics it is very poor quality. The applicant presented aerial photos and climatic data for the project. The 1938 aerial photo shows that depression being cultivated in row crops and the climatic data indicates that 1938 had normal rainfall. The 1964 aerial photo clearly shows fill being brought onto site just west of the depression. The topography of the site indicate that the depression was likely filled and re-excavated or had fill placed all around it artificially creating a depression. The aerial photo evidence along with the extensive amount of disturbance that is appazent on the site provide enough evidence that the depression within the project was incidentally created. Please call Karl Hammers at 763-398-3072 for further details. 119 a� �� '"" � � � � i t.. t.��r:�� . ; :-+ �-- ; r —ik'�(F—..F�i..i....io � i � � r��.c � ------ �...,�. _ - ---- �-..,.- �. ,: r� P° — ' _ — -- - �rirQ �._ --- �� ..��.��5 ��"��`�', �r�€r��t� �_�� Villard, Inc. ��t�� 61W tl�e� htL - Ra6le L ^,,,. `.J iau�i 4�an Nt1M+. M1 007i S� L/Gi�gn SlW'� 42.M1.166i � � SHEET A-1 _ __ _ _ _ _ __ Developer: John Demello 120 � � / � CfTlf OF FRIDLEY Date: To: AGENDA ITEM CITY COUNCIL MEETING OF MARCH 29, 2004 March 12, 2004 William Burns, City Manager �� fi From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject: First Reading Of Ordinance To Declare A Certain Parcel Of City Owned Real Estate Surplus And Authorize The Transfer Thereof M-04-43 INTRODUCTION In December 2003, the City Council authorized a lot split and land swap that created the lot on the corner of Ely Street and Ashton Avenue. The attached ordinance declares the lot as excess property and authorizes the transfer of title necessary for the HRA to market and sell the property on behalf of the City. The HRA will be accepting bids for the property and will award the winning bid in June. The HRA will have any of their costs, associated with disposing of the property, reimbursed through the sale proceeds. Additionally, the Planning Division's Account #4340 Service Contract-Non Professional Services will be reimbursed $507.66 for property taxes payable in 2004 (these were required to be paid in order to record the deed for the property). STAFF RECOMMENDATION Staff recommends the Council hold the first reading to declare this property excess and authorize the transfer of title to the City of Fridley Housing and Redevelopment Authority. Disposing of this property will result in a new single-family home and the resulting property tax benefits. 121 ORDINANCE NO. AN ORDINANCE UNDER SECTION 12.06 OF THE CITY CHARTER DECLARING CERTAIN REAL ESTATE TO BE SURPLUS AND AUTHORIZING THE SALE THEREOF. SECTION 1. The City of Fridley is the fee owner of the tract of land within the City of Fridley, Anoka County, State of Minnesota, described as follows: The South 107 feet of Lots 21-24, Block 14, Spring Brook Park, Anoka County, Minnesota. SECTION 2. It is hereby determined by the City Council that the City no longer has any reason to continue to own said property, and the City Council is hereby authorized to transfer the property to the City of Fridley Housing and Redevelopment Authority for disposal. SECTI ON 3. The Mayor and City Clerk are hereby authorized to sign the necessary contracts and deeds to affect the transfer of the above-described real estate. PASSED AND ADOPTED BY TI�E CITY COUNCIL OF THE CITY OF FRIDLEY THIS OF , 2004. SCOTT J. LUND — MAYOR ATTEST: DEBRA A. SKOGEN — CITY CLERK First Reading: March 29, 2004 Second Reading: Publicatian: 122 � � AGENDA ITEM � CITY COUNCIL MEETING OF MARCH 29, 2004 CfTY OF FRIDLEY Date: March 18, 2004 � To: William Burns, City Manager �� From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject: 1St Reading of an Ordinance for ZTA #04-01, regarding 2"d Accessory Structu res M-04-45 INTRODUCTION As you are aware, City Code currently requires a resident to obtain a special use permit (SUP) prior to constructing a second garage on their property. The Planning Commission and Council have approved all 26 SUP's submitted over the past 5 years. These SUP's were all approved with a fairly standard set of stipulations to ensure compatibility with the existing home and surrounding environment. The City's recently completed fee study indicates that the City's cost to bring an application through the SUP process is approximately $1,400. Setting SUP fees high enough to cover the City's cost, for what has become a routine approval, would deter residents from building the structures needed to store vehicles and other homeowner goods indoors. PLANNING COMMISSION RECOMMENDATION At the March 17, 2004, Planning Commission meeting, a public hearing was held for ZTA #04-01. After a brief discussion, the Planning Commission unanimously recommended approvaf of the ZTA as presented. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMNEDATION Staff recommends that the Council hold the 15t Reading of the Ordinance to modify the Code requirements in the R-1 district thereby allowing second accessory buildings without a special use permit. Instead of a SUP, staff believes the same objectives could be accomplished by building the standard stipulations of a second accessory building SUP into the perFormance standards of the R-1 Chapter of the Zoning Code. These same standards will apply to single-family properties located in R-2 and R-3 zoning 123 districts. This change will accomplish several things including taking the cost of administering these SUP's off the backs of the general public, and it will simplify the process for homeowners who may be trying to accomplish one of our other objectives, which is eliminating inappropriate outdoor storage. -. � ;I 124 �i ORDINANCE NO. AN ORDINANCE AMENDING FRIDLEY CITY CODE SECTION 205.07 R-1 ONE FAMILY DWELLING DISTRICT REGULATIONS AND SECTION 205.08 R-2 TWO-FAMILY DWELLING DISTRICT REGULATIONS AND SECTION 205.09 R-3 GENERAL MULTIPLE DWELLING DISTRICT REGULATIONS RELATED TO ACCESSORY USES. The City Council of the City of Fridley hereby finds, after review, examination and recommendation of staff, that the Fridley City Code, be hereby amended and ordains as follows: Section 1: That Section 205.07 of the Fridley City Code be hereby amended as follows: 205.07. R-1 One-Family Dwelling District Regulations 1. USES PERMITTED B. Accessory Uses. � • �� l�a} A private gazage is the first accessory building. It shall not exceed 100% of the first floor area of the dwelling unit or a maximum of 1,000 square feet. �21 A second ¢ara�e or accessorv buildine over 120 square feet vrovided the followin¢ criteria aze met: � (a 1 The combined total floor area of all accessorv buildines shall not exceed 1.400 sguare feet. in i The maximum hei�ht for all accessorv buildings shall not exceed fourteen (141 feet above �rade at the midsnan of roof Midspan for uurposes of this orduiance shall be described as the mi�int between the eave line and the hi�hest noint on__the buildin s roof as measured at the front elevation of the structure. (c ) Accessory buildinQ shall not be used for a home occuvation or as livine area. (d ) Accessorv structure shall be architecturallv comnatible with existin� home by matchira sidine color schemes roofin¢ materials roof tvve and roof nrtch. (e 1 All drive and parkins areas to be hard surfaced. 125 �{�} Privately owned recreational facilities which are for the enjoyment and convenience of the residents of the principal use and their guests. ��} Home occupations. �{� The rental of guest rooms to not more than two (2) persons per dwelling unit. �fe} Solar energy devices as an integral part of the principal structure. C. Uses Pemvtted With a Special Use Permit The following are uses permitted with a Special Use Permit in R-1 Districts: , • ��} Churches. �{�} Private Schools. �{43 Day Care Centers provided they are to be located in places of worship, schools or in other buildings located on an arterial or collector street. (Ref. 1121) L41(3� Private nonpxofit golf courses, country clubs, yacht clubs, tennis courts, swimming pools and additional recreational uses, not an accessory use to the principal uses. �5�{§� Utility companies having transformers, pumping stations and sub-stations subject to the following minimum requirements: �(-�} Automobile parking lots for off-street parking spaces for any use on adjacent land, when the following minimum requirements have been met: �($3 Hospitals, clinics, nursing homes as defined in Section 205.03.55, convalescent homes, and homes for the elderly as defined: �{�} Private radio or television antennas exceeding a height of twenty (20) feet above the dwelling roof. ��}�Aj Wind generators and other tower mounted energy devices exceeding a height of twenty (20) feet above the dwelling roof. �(-�1-} Solaz energy devices NOT an integral part of the principal structure. 11 Exterior storage of materials. Section 2: That Section 205.08 of the Fridley City Code be hereby amended as follows: 205.08. R-2 Two-Family Dwelling District Regulations 1. USES PERMITTED B. Accessory Uses 126 1� � �` (3) Any second accessory building in excess of 240 square feet shall require a Special Use Permit. Properties containing one-familv dwellin�s are exempt from the Snecial Use Permit and shall be subject to the R-1 District Re�ulations pertainin� to second accessorv buildines. C. Uses Permitted with a Special Use Permit (1) Accessory buildings, other than the first accessory building over 240 square feet. Properties containing one-family.dwellings are exempt from the Snecial Use Pernut and shall be subiect to the R-1 District Re�ulations Qertaining to second accessorv buildin�s. Section 3: That Section 205.09 of the Fridley City code be hereby amended as follows: 205.09. R-3 General Multiple Dwelling District Regulations 1. USES PERMITTED B. Accessory Uses (7) Anv second accessor�buildine in excess of 240 s4uare feet shall reauire a Snecial Use Permit. Properties containine one-familv dwellinss are exempt from the Snecial Use Permit and shall be subiect to the R-1 District Re�ulations Qertainin� to second accessorv buildin�s. C. Uses Permitted with a Special Use Permit (14}Accessorv buildings other than the first accessorv buildin� over 240 sauare feet. Properties containin� one familv dwellin�s are exemnt from the Special Use Permit and shall be subiect to the R-1 District Re�ulations uertainin� to second accessorv buildin�s. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS _ DAY OF 2004. SCOTT J. LUND, MAYOR ATTEST: � DEBRA A. SKOGEN, CITY CLERK Public Hearing: March 29, 2004 First Reading: March 29, 2004 Second Reading: Publication: 127 � � AGENDA ITEM ��F CITY COUNCIL MEETING OF MARCH 29, 2004 FRIQLEY INFORMAL STATUS REPORTS i2s