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07/10/2006 - 6104� � CffY OF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF JULY 10, 2006 7:30 p.m. - City Council Chambers Attendance Sheet �, � ALFASF AR/NT MAMF, AaflRFSS AMU /TFM Nl/MBSR YaU ARF /NTFRFSTFlD /M. Pr�i�nt Name {C1�earlgj Address I�tem No. ' _ ,�.-t� �: ..( .. -, i-... Z �;�-�-. Sp, . , a. � 6Vt�l� � J � 1?� L �. . � �- � 6 c;=,E�►� �� ., `7 f � �`� L p Ir l� R �'' / G ,� �� G u�k' L> ,f� O lv��/ • � �� , .� l2/T �� `� � t r-( ( � -'1/� vw.�. a. , � FRIDLEY CITY COUNCIL MEETING OF JULY 10, 2006 � CfTY OF FRIDLEY The City of Fridfey will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to pubfic assistance. Upon request, accommodation wi{I 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 disabifities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) e�-2Q' PLEDGE OF ALLEGIANCE. �,� �- �� ,� APPROVAL OF PROPOSED CONSENT AGENDA: A6/sB1��A� APPROVAL OF MINUTES: City Council Meeting of June 26, 2006 NEW BUSINESS: �'N Replace Special Use Permit, SP #73-05, with Special Use Permit, SP #06-08, for I, �� a Sinclair Fridley, Generally Located at 6071 �� University Avenue N.E. (Ward 1) ....... 1- 2 �:e.'�``2r� �- ��-o�' SBIA�/�s� ~73—aS� �:�f r3 .�as. �. b Receive Bids and Award Gateway West 3rd Street Improvement Project No. ST2006 — 3 (Ward 3) ........................ 3 - �4 �,�,�� - - �,�-�A-��I�' SA� IC� � . Receive Bids and Award HRA Decorative I Fence Project No. 2006 —1 .............. •-(� �-/ �/ fa �-r�i- , P�,� ��c: � . n4. Resolution Declaring the Necessity to Increase the Water, Storm Water and Sanitary Sewer Rates �c�q� in Excess of the Inflationary Index or 5%, Whichever is Less, as Required by Section 7.02 of the Fridley City Charter ............................. .. . 6 - 7 ,�PP�� -�-J��`,�- �� , �� Resolution Authorizing Participation in the Safe and Sober Communities Grant Program ................................... 8 - 9 �0�� - �3 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS /CONTINUEDI: 6. Claims ................................... 10 7 Licenses ..... 11 8. Estimates ................................... 12 8A P��.�o , � ADOPTION OF AGENDA. � � � �f � �� (+�� O�EN FORUM (VISITORS): Consideration of Items not on Agenda —15 Minutes �; L3 P ,�-+ PUBLIC HEARING: � �'�S g �a3��As� 9. Con 'der R v cation of Special Use Permit, SP #03-14, for Central Auto Parts, Generally Located at 1201 — 73'/z Avenue N.E. (Ward 2) ----- (Continued June 26, 2006) ................ 13 -14 io' � . eo n.�'f ✓u�t¢s� P u.h�c.c. � -M ��i ti % � s a z e(�+-�,,4`°----- • �eJ-C.v-�C j i.c w-4. s-� a r� �% Fa �% � r/ o cr s�/A B,4-�.�e4 NEW BUSINESS: 10. 11. First Reading of an Ordinance Amending Chapter 214 Related to Definitions, Institutional Signs (Churches and Schoolsj, Political Signs, Temporary Sign Requirements, and Signage for Industries and Businesses Along Interstate 694 .......................... 15 - 26 F�-� 9 J cQ . 'P - Z � � SCGf-. Z � �l .1 "1 �� ) r;,�e i ,-�e w�,a�,.L � vYQ s�� =�F-w�- v�5��- � o.� w `` 55 �,q- �%/k�,� CA�^f-�d� . ,APF,,ru� � �� 6 A 8 � A SA ��o` � � u Informal Status Repo s ........................ 27 ADJOURN. �.� J�/� l ( `� -5 3 Pv,i`� � � CITY COUNCIL MEETING OF JULY 10, 2006 CffY OF FRIDLEI' The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of June 26, 2006 NEW BUSINESS: 1. Replace Special Use Permit, SP #73-05, with Special Use Permit, SP #06-08, for Sinclair Fridley, Generally Located at 6071 University Avenue N. E. (Ward 1) ....................................................................... 1- 2 2. Receive Bids and Award Gateway West 3rd Street Improvement Project No. ST2006 — 3(Ward 3) ........................................................................................ 3- 4 3. Receive Bids and Award HRA Decorative Fence Project No. 2006 — 1 ............................................................................... 5 FRIDLEY CITY COUNCIL MEETING OF JULY 10, 2006 PAGE 2 NEW BUSINESS (CONTINUED): 4. Resolution Declaring the Necessity to Increase the Water, Storm Water and Sanitary Sewer Rates in Excess of the Inflationary Index or 5%, Whichever is Less, as Required by Section 7.02 of the Fridley CityCharter ....................................................................................................... 6 - 7 5. Resolution Authorizing Participation in the Safe and Sober Communities Grant Program ........................................................... 8- 9 6. Claims ....................................................................................................... 10 7. Licenses ....................................................................................................... 11 8. Estimates ....................................................................................................... 12 ADOPTION OF AGENDA. OPEN FORUM (VISITORS): Consideration of Items not on Agenda — 15 Minutes PUBLIC HEARING: 9. Consider Revocation of Special Use Permit, SP #03-14, for Central Auto Parts, Generally Located at 1201 — 73'/ Avenue N.E. (Ward 2) (Continued June 26, 2006) ................................................................................ 13 - 14 FRIDLEY CITY COUNCIL MEETING OF JULY 10, 2006 PAGE 3 NEW BUSINESS: 10. First Reading of an Ordinance Amending Chapter 214 Related to Definitions, Institutional Signs (Churches and Schools), Political Signs, Temporary Sign Requirements, and Signage for Industries and Businesses Along Interstate 694 .......................................................................................... 15 - 26 11. Informal Status Reports ...................................................................................... 27 ADJOURN. CITY COUNCIL MEETING CITY OF FRIDLEY JUNE 26, 2006 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:30 p.m. ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmember-at-Large Barnette Councilmember Billings Councilmember Wolfe Councilmember Bolkcom OTHERS PRESENT: William Burns, City Manager Fritz Knaak, City Attorney Scott Hickok, Community Development Director Julie Jones, City Planner Jon Haukaas, Public Works Director Richard Pribyl, Finance Director John Berg Fire Chief PRESENTATION: ANOKA COUNTY PARTNERS David Piggot, Director of Anoka County Partners, provided a brief presentation regarding Anoka County Partners. Anoka County Partners is funded through County funding, private sectors and local municipalities. The County funded $100,000 to Anoka County Partners this year. Anoka County Partners is approaching various municipalities asking for participation, which can be anything from having an elected official on the board of directors to a financial donation. Anoka County Partners has been approaching various communities seeking representation or financial contribution. Anoka County Partners is asking cities for $0.50 per capita which would total $13,544 for the City of Fridley per year. The total financial goal is $450,000 which can be reached from donations of 1/3 County, 1/3 private sector and 1/3 municipalities. Councilmember Billings questioned what the benefits would be to the City of Fridley if they were to participate financially. Mr. Piggot stated that although Fridley is a unique city within the County, Anoka County Partners would work with regional organizations to build up business in Anoka County. The idea is to promote a regional concept and Anoka County Partners can build solid opportunities for this area. The goal of Anoka County Partners is to have each community see all business opportunities. CITY COUNCIL MEETING OF JUNE 26, 2006 PAGE 2 Mayor Lund thanked Mr. Piggot and stated Council would take this request under advisement. Mr. Burns, City Manager, asked if the City had received a formal request. Mr. Hickok, Community Development Director, answered that a letter had been received. SPRINGBROOK WATERSHED CLEAN WATER PARTNERSHIP FINAL REPORT Julie Jones, City Planner, reviewed the final report of the Springbrook Watershed Clean Water Proj ect. She said it was a ten-year proj ect that began in 1997. The proj ect was divided into phases, and phase one was a resource investigation which was completed in 2000. Phase two failed twice in a row to get funding, but thanks to special legislation funding from the State, it was approved and began in 2002. Phase two was slated to end in May of 2005 but an extension was granted until May of 2006. The goal of this project was to restore the Springbrook Nature Center wetland ecosystem. The current wetland drawdown condition was not conducive to wild life or feed stock habitat. It was decided to draw down water to see what would grow in the Springbrook Nature Center. The process was started in August of 2002 and many citizens were not happy with the wet look and mess this created. After the first year of growth, 63 species of plants were found and another growing season was granted to generate seeds and establish the plants. In June of 2005, stop logs were installed in the outlet and the water level was restored. The goal was to increase the wetland complex by 12 acres and an increase of 10 '/z acres was achieved. Ms. Jones stated that they worked with MnDOT and started the University Pond Extension Plan. Staff negotiated with MnDOT to expand the pond project and it was successful. The stream was severely eroded and the plan was to install a bypass pipe to allow the storm water from large storm events to flow. Many trees needed to be removed to allow for installation of this large pipe and the end result was great. The bypass pipe is working as it was designed and is a success. This project is a very nice amenity for the park area and citizens are enjoying the open wildlife views for nature photography. Ms. Jones stated that a lot of things were done for public education. Staff participated in a kids fair at Northtown to educate children on watershed and storm water management. Staff participated on the University Extension Nature Resource Field Trip with children. Software was purchased called "Alex the Frog" which teaches children about storm water management. This is currently at the Springbrook Nature Center and can travel to schools and other locations. The Yard and Garden Fair was also a success, offering citizens free workshops such as how to plant a rain garden. Ms. Jones stated that the greatest success of this ten-year project is that it was accomplished with $650,000 in funds with less than $50,000 coming from the City of Fridley. The following public partners were recognized for their contributions: the Cities of Blaine, Coon Rapids, and Spring Lake Park, cash contributions from the Six Cities Watershed District, Anoka Conservation Management, Northtown Mall, Wal-Mart, Springbrook Apartments, Landscape Alternatives, Met Council, the MPCA, and the McKnight Foundation. Mayor Lund congratulated staff for the success of this project. CITY COUNCIL MEETING OF JUNE 26, 2006 PAGE 3 APPROVAL OF PROPOSED CONSENT AGENDA APPROVAL OF MINUTES: City Council Meeting of June 12, 2006 APPROVED. NEW BUSINESS: 1. Receive the Minutes from the Planning Commission Meeting of June 7, 2006. RECEIVED. 2. Special Use Permit Request, SP #06-06, by Kenneth Goldman, to Increase the Lot Coverage Requirement from 40% to 43% to Allow the Construction of a Building Addition, Generally Located at 7830 Elm Street N.E. (Ward 3) William Burns, City Manager, stated that the petitioner is Mr. Kenneth Goldman, the owner of K& N Labs. The adjustment to the lot coverage requirement for his property will enable him to construct a building addition which will house an additional laboratory, a conference room, and office space. The Planning Commission unanimously approved this request at their June 7 meeting. Staff recommends Council's approval subj ect to concurrence, subj ect to seven stipulations. APPROVED SPECIAL USE PERMIT REQUEST, SP #06-06, BY KENNETH GOLDMAN WITH THE FOLLOWING SEVEN STIPULATIONS: 1. THE PETITIONER SHALL OBTAIN ALL NECESSARY PERMITS PRIOR TO CONSTRUCTION. 2. THE PETITIONER SHALL COMPLY WITH MN RULES, CHAPTER 1306, FOR FIRE SPRINKLER REQUIREMENTS. 3. THE PETITIONER SHALL COMPLY WITH ALL ADA REQUIREMENTS FOR PARKING. 4. ADDITION SHALL BE ARCHITECTURALLY COMPATIBLE WITH THE EXISTING BUILDING AND FINISHED WITH COMPLEMENTARY EXTERIOR BUILDING MATERIAL AND COLOR SCHEME. 5. NO OUTDOOR STORAGE OF EQUIPMENT OR MATERIALS IS PERMITTED WITHOUT A SPECIAL USE PERMIT. CITY COUNCIL MEETING OF JUNE 26, 2006 PAGE 4 6. PETITIONER SHALL SUBMIT LANDSCAPE PLAN TO BE REVIEWED AND APPROVED BY CITY STAFF PRIOR TO ISSUANCE OF A BUILDING PERMIT; AND 7. PETITIONER SHALL SUBMIT GRADING AND DRAINAGE PLAN TO BE REVIEWED AND APPROVED BY CITY ENGINEERING STAFF PRIOR TO ISSUANCE OF A BUILDING PERMIT. 3. Award the Design Contract for the 2007 Neighborhood Street Improvement Project. William Burns, City Manager, stated that the Public Works Director, Jon Haukaas, recommends that we contract with Short Elliot & Hendrickson, Inc. to design and oversee the construction of the 2007 Neighborhood Street Reconstruction Project for a not-to-exceed fee of $155,967. The proj ect includes 3.7 miles of local streets located in the Melody Manor area and the streets generally south and west of Fridley High School. AWARDED THE DESIGN CONTRACT FOR THE 2007 NEIGHBORHOOD STREET IMPROVEMENT PROJECT TO SHORT ELLIOT & HENDRICKSON INC. FOR A NOT-TO-EXCEED FEE OF $155,967. 4. Receive Bids and Award Contract for the Community Park Ballfield Phase 1 Irrigation Installation Project. William Burns, City Manager, stated that the City capital improvement plan includes drainage improvements at Community Park that are to be built in three phases. Each phase of the project includes raising the grade for two fields with granular material to improve drainage. It also includes the installation of new infield materials, new turf and new irrigation systems. Staff is requesting Council's approval of a bid award for the installation of the irrigation system for the first phase of the project. The low bidder for this work is Mickman Brothers at a cost of $24,990. Staff recommends that the project be awarded to the low bidder. RECEIVED BIDS AND AWARDED THE CONTRACT FOR THE COMMUNITY PARK BALLFIELD PHASE 1 IRRIGATION PROJECT TO MICKMAN BROTHERS IN THE AMOUNT OF $24,990. 5. Resolution Receiving Final Plans and Ordering Advertisement for Bids for the Mill and Overlay Project No. ST. 2006 — 2. William Burns, City Manager, stated that this project is on portions of Matterhorn Drive and 73rd Avenue. The cost of the project will be covered by assessments to benefiting property owners and MSAS funds. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2006-34. CITY COUNCIL MEETING OF JUNE 26, 2006 PAGE 5 6. Resolution Supporting the Independent School District No. 13 Grant Application under the "Safe Route to School" Program. William Burns, City Manager, stated that School District No. 13 is asking the City Council to support their 100% federally funded "Safe Route to School" grant application. The grant program funds educational programs and biking and walking improvements for kids in grades K-8. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2006-35. 7. Resolution Providing for the Issuance and Sale of $2,505,000 General Obligation Improvement Bonds, Series 2006A, Pledging for the Security Thereof Special Assessments, and Levying a Tax for the Payment Thereof. William Burns, City Manager, stated that this is a$2,505,000 bond issue that will be retired over a ten-year period through the use of general levy money and special assessments. Preparation for this issue involved a financial review by Moody's Investor Services. We received the official analysis from Moody's today. They attributed the reduction in rating from Aal to Aa2 to changing demographic characteristics of Fridley and the decline of our fund balances. The low bidder was Piper Jaffrey with a true interest rate of 4.2267%. Staff recommends Council approval. ADOPTED RESOLUTION NO. 2006-36. 8. Resolution Authorizing the Use of the ES&S AutoMARK Election Equipment in all Precincts. William Burns, City Manager, stated the City does not have a choice in election equipment the State requires us to use. The ES&S AutoMARK equipment will be used as a ballot marking device in conjunction with our Diebold Accu-Vote optical scan voting system. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2006-37. 9. Claims (127065 —127245). APPROVED. 10. Licenses. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. CITY COUNCIL MEETING OF JUNE 26, 2006 PAGE 6 11. Estimates APPROVED THE FOLLOWING ESTIMATE: Shank Constructors 3501 — 85th Avenue North Brooklyn Park, MN 55443 Commons Park Water Treatment Plant Upgrade Estimate No. 1 .................................................... $ 44,701.00 MOTION by Councilmember Barnette to approve the consent agenda as presented. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF THE AGENDA: MOTION by Councilmember Bolkcom to approve the agenda as presented. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM (VISITORS): NONE. PUBLIC HEARINGS: 12. Consider Special Use Permit, SP #73-05, for Sinclair Fridley, Generally Located at 6071 University Avenue N.E. (Ward 1) MOTION by Councilmember Billings to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING OPENED AT 8:00 P.M. Scott Hickok, Community Development Director, stated that the Sinclair Fridley location has recently received a site visit, letter, follow up visit, another letter, notice of violation, re- inspection and now we are at the point to revisit the use for permit. The property is generally located at 6071 University Avenue N.E. The special use permit allowed an auto service at the station, motor vehicle fuel and oil distribution and light auto repair. The stipulations of this permit are to be reviewed and renewed annually by the City and can be revoked if necessary. CITY COUNCIL MEETING OF JUNE 26, 2006 PAGE 7 This business previously was operated primarily as a gas station and secondarily as a light duty car repair shop. It was sold in July of 2005 and currently is operated as primarily a light duty car repair shop. He reviewed the history of the station and said staff is working on bringing the current business use up to date. The business was sited numerous times in 2005 and 2006 for violations of the City Code. Some of the violations included cars parked on the property long hours and at odd angles. In 2006, staff responded with a site visit and letter. Mr. Hickok shared some of the items in violation and whether they had been taken care of: 1. Vehicles shall not park closed or within 15 feet of the propane tank in any direction. (Completed) 2. Vehicles leaking fluid shall not be stored outside without a device to prevent fluids from running offsite. (Completed) 3. In accordance with C-2 zoning requirements, no heavy duty car repair performed on site which would include transmission, engines, drive shaft, front end or body work. (Completed) 4. Alterations to the site shall comply with the IBC and International Fire Code. (Completed) 5. Signage shall comply with Chapter 214 of the City Code. (Completed) 6. Apply for any necessary City and County and State Licenses for sale of products. (Completed) 7. Vehicles parking stalls shall be striped after the first 40 degree F day of spring 2006. (Not Completed) 8. No items shall be visible from the public right of way. The used tires, dumpster and the waste oil tank shall be stored within a screened area. (Fence is not complete.) 9. Vehicles shall not be stored for more than 48 hours on site. (Reoccurrence) 10. The drive aisles shall be kept clear. (Reoccurrence) 11. Vehicles shall park in stalls that are striped and designated for parking. (Reoccurrence) Mr. Hickok stated staff recommends that Council hold the public hearing and take comment. Staff will prepare a revised set of stipulations prior to July 10, 2006. These stipulations will be set for Council review and approval at the City Council meeting on July 10, 2006. Abraham Ahmed, Sinclair owner, thanked Mr. Hickok for his support. He apologized for the inconvenience. He said the fence is complete. He said many of the vehicles that are parked longer than 48 hours are waiting for customer pickup and the customer does not have the funds to pay for the repair work. He said if the car is released without payment, the money would be difficult to collect. He is trying to be careful with the customers he works with. Mayor Lund asked if the parking lot is striped. Mr. Ahmed stated that the parking lot is not striped. He is concentrating on keeping the aisle clear and not having cars on the lot for more than 48 hours. Councilmember Billings asked if Mr. Ahmed was currently selling gas or propane. CITY COUNCIL MEETING OF JUNE 26, 2006 PAGE 8 Mr. Ahmed said he is currently not selling gas because of the flexible prices. Councilmember Billings suggested that Mr. Ahmed work with staff to maximize the parking space on the lot. Councilmember Bolkcom asked if the 48 hour parking rule is different from other businesses in Fridley. Mr. Hickok said it exists in the City Code. Councilmember Billings commented that City staff is not advocating revocation but what is reasonable to insure that these violations are stopped. He asked if staff would have adequate time to get the list of stipulations to the owner so he would have time to comply. Mr. Hickok stated staff would get the stipulations ready this week and hand deliver if necessary so the owner has adequate time to review them prior to the July 10 meeting. MOTION by Councilmember Billings to close the public hearing. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING CLOSED AT 8:27 P.M. 13. Consider Revocation of Special Use Permit, SP #03-14, for Central Auto Parts, Generally Located at 1201— 73 �/z Avenue N.E. (Ward 2) (Continued June 12, 2006). MOTION by Councilmember Billings to re-open the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING OPENED AT 8:28 P.M. Councilmember Billings stated that a letter was received in the packet for a continuance on this item. He asked if anyone was present to represent Central Auto Parts. Karen Kurth, attorney for Central Auto Parts, stated that she was here to represent Central Auto Parts if the continuance could not be granted; however, Mr. Malone would prefer to represent this business. Councilmember Billings explained that the letter for continuance was received on June 24, so Council was not able to discuss whether rescheduling was possible. If Ms. Kurth was able to represent Central Auto Parts, he did not have a problem going ahead with this item tonight. Councilmember Bolkcom asked the City Attorney if Council would need to convene with Mr. Malone or if they could go ahead tonight with Ms. Kurth. CITY COUNCIL MEETING OF JUNE 26, 2006 PAGE 9 Mr. Knaak, City Attorney, stated that Mr. Malone told him that he had a conflict with tonight's meeting and asked for a continuance. He suggested to Mr. Malone that he write a letter to Council. Councilmember Bolkcom asked if it was up to the City Council to reply to the letter. Mayor Lund said he did not have a preference either way. Ms. Kurth stated that Mr. Malone would like to represent this case as he is more familiar with the case and would like the continuance if at all possible. Councilmember Wolfe replied that it was okay with him to wait until the next meeting. Councilmember Bolkcom questioned if it would be reasonable to assume Mr. Malone can attend the July 10 meeting and if he is unable to attend, would Ms. Kurth be able to attend. Ms. Kurth said that Mr. Malone would be at the July 10 meeting. Councilmember Wolfe suggested that this item be resolved at the next meeting and not to grant another continuance. Councilmember Billings said Mr. Malone requested a copy of the presentation from the last meeting and asked if Mr. Malone had received this document. Mr. Hickok said the presentation had been forwarded to Mr. Malone and the landowner. MOTION by Councilmember Wolfe to close the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING CLOSED AT 8:36 P.M. MOTION by Councilmember Wolfe to continue this item to the July 10 City Council meeting. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED 14. Consider Suspension/Revocation of Rental Property License (Properties Located at 190 Island Park Drive, 191 Island Park Drive, 6551 Channel Road and 6571 Channel Road) (Wards 2 and 3) (Continued June 12, 2006). MOTION by Councilmember Bolkcom to re-open the public hearing. Seconded by Councilmember Barnette. CITY COUNCIL MEETING OF JUNE 26, 2006 PAGE 10 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING OPENED AT 8:37 P.M. John Berg, Fire Chief, stated that a public hearing was held on June 12, 2006, and was continued to June 26, 2006, for the purpose of taking testimony and receiving evidence pertaining to the suspension or revocation of the rental licenses issued to Hyder R. Jaweed for Sunshine Management. Staff requested the public hearing due to the increasing number and severity of housing code complaints and issues occurring on 191 Island Park Drive, 190 Island Park Drive, 6551 Channel Road, and 6571 Channel Road. In addition to non-compliance with correction orders, Sunshine Management has failed to obtain proper permits for electrical work. Mr. Berg stated that due to the number of outstanding housing violations, the amount of the fees due to the City, and Sunshine Management's unwillingness to cooperate, the Fire Department staff is recommending revocation of the rental licenses for the four properties owned by Sunshine Management in the interest of protecting the occupants of these properties and the citizens of Fridley as described in Chapter 220 of the Rental Housing Section of the City Code. Mr. Berg stated that to the best of his knowledge, all interested parties, including Sunshine Management and the occupants of the four properties were notified 20 days prior to the public hearing held on June 12, 2006, as specified by City Code. During the June 12, 2006, public hearing, Council requested copies of correction orders from previous inspections and correction orders for the properties located at 6551 Channel Road and 6571 Channel Road. Inspections of the properties on Channel Road were conducted on June 19, 2006. A generic list of corrections, not specifying the specific property address for the purpose of data privacy, was distributed to Council. All but 2 units on 6551 and 6571 Channel Road were inspected in four hours. 98 correction items were noted. Some were minor in severity, and some items provided by tenants were no longer an issue. After surveying the properties on Channel Road, Fire Department staff still recommends revocation of the rental licenses until all units are in compliance with City Code. The properties on Island Park Drive have recently applied for permits but staff also recommends revocation of the rental licenses until all items are resolved. Councilmember Billings stated that the at the June 12 meeting, a fence was still in need of repair and a few other small issues remained. After inspection, it was noted that not all items on the list were legitimate complaints. Mr. Berg replied that is correct. Terri Kanis, representing the management group for the Channel Road properties, stated that the other units have been inspected and the 48 hour items have been removed. The last two units have been inspected and one unit had no issues, and the other had one or two issues. She did not receive a list of items from latest inspection and requested a copy of the list. Councilmember Bolkcom asked where the list was sent. Mr. Berg stated that the list was sent to the address listed on the rental license. CITY COUNCIL MEETING OF JUNE 26, 2006 PAGE 11 Ms. Kanis stated that as of today she had not received the list. She commented that some of the 98 items were resident issues. The fence was fixed and some other items were corrected. They are ready to have some areas re-inspected. Councilmember Bolkcom asked for clarification on the process of the revocation and renewal of the license. She asked if the property owner took care of the issues on the list, could they reapply for their license at the July 10 Council meeting. Mr. Berg answered that Council would need to recommend that the property be licensed again and he would need to check the schedule to see if there would be time to re-inspect the property. He does understand that the property manager is working on correcting the items. Councilmember Bolkcom recommended closing the public hearing and putting this item back on the agenda when the work is complete and property is in compliance. Ms. Kanis stated she did not know about the broken fence issue until she received a copy of the citation. Scott Hickok, Community Development Director, stated that there were many violations out of compliance and no work was completed. The list of items to be fixed was sent to the address on the license. Mayor Lund questioned how long Ms. Kanis has worked for Sunshine Management. Ms. Kanis stated that she has been with the company since last August and has never failed to receive other orders. Councilmember Billings said he has a difficult time from the standpoint that, yes, the Fire Department did inspect and send out notices on all four properties, but so many items are not in compliance. Anyone trying to manage this property in a professional manner would have noticed these items. A professional manager would not need a letter from the City to alert them of dangerous situations on the property. Councilmember Wolfe said Section 8 Housing would not allow them to rent with so many items wrong. They are usually thorough and would not allow rental of this property. Ms. Kanis stated that Sunshine Management tries to keep the repairs cost effective and to take care of safety and hazardous items first. Councilmember Bolkcom asked about the caretaker of the properties and if a visual inspection was done regularly. Ms. Kanis replied that a walk-through is done and a request to repair needed items is made. The caretaker is responsible for fixing the items and if he cannot repair the items, he is to alert management. Councilmember Wolfe commented that a lot of the items date back to three years ago. CITY COUNCIL MEETING OF JUNE 26, 2006 PAGE 12 Ms. Kanis replied that the property was in compliance at the last inspection. Mr. Hickok talked about the broken fence on one of the properties and said he did not understand how management could not see that the fence needed to be fixed. It is the property owner's responsibility to take care of issues like this. Ms. Kanis replied that they did not know the fence was part of their property. Councilmember Bolkcom stated that pursuant to the City Code, a fence is required around the property. It does not matter whose fence it is, you would need to have one there to be in compliance. Some of the items are life threatening and the caretaker should be aware of these issues. This has been an on-going problem with this property and you must work with the Fire Department to resolve these issues. Councilmember Barnette stated that at the last hearing, many tenants were present. He asked if any tenants that attended that meeting had received any eviction notices. Ms. Kanis replied that no eviction notices were given as a result of that meeting. Mayor Lund suggested they continue to work on the corrections and to take a proactive approach in the future. Ms. Kanis stated that they would continue to work on the property and maintain the common areas. They will try to be more proactive in maintaining the property. Bertina Dockery, 6551 Channel Road, Apartment No. 1, stated that she did receive an eviction notice after the last meeting. She stated that she was in court today and was setting a trial date. The eviction notice was received right after the June 12 meeting. The eviction reason on her notice stated it was because of non-payment of rent. She admitted to paying her rent late, but she did pay the late fee. Section 8 will not pay the rent because the property is not up to code. She said that some of the little things are not done and more items need to be fixed. Section 8 did give a list to management of the items that need to be fixed before they will pay their portion of the rent. Kim Sherva, 6571 Channel Road, Apartment 11, stated that she received an eviction notice on June 19 that was dated June 13. Her situation was different and she was not able to pay rent. She explained her financial difficulty and would pay when she was able. She has been working with management to negotiate a pay plan. Currently June rent is paid but it needs to be paid up through August. Councilmember Billings stated that if they truly wanted to evict her they would not work on negotiating a pay plan. It sounds like they are trying to help keep her as a tenant. Grant Rudolph, owner of the property at 190 and 191 Island Park Drive, said he has taken over ownership. He said good things are happening and it looks great. He is living on-site and hiring people to clean up the area. There is a website, www.islandparkmn.com, to view the property CITY COUNCIL MEETING OF JUNE 26, 2006 PAGE 13 and see the vision for the future. As photos are available they will be posted on the website as well. Mayor Lund asked how many violations remain uncorrected on the list. Mr. Rudolph stated that many items have been fixed and an inspection was done on Thursday. All plumbing and electrical issues are completed. New locks have been installed and tenants have keys to access the building. Councilmember Bolkcom asked if Mr. Rudolph was aware of these issues when the property was purchased and if he understood that the license may be revoked until all items are complete. She asked what it will take to insure that all items are completed. Mr. Rudolph replied that he was aware of the issues and has been working hard to clean up the property. His plan is to convert the units to condominiums. He will take care of the safety issues to bring the property to compliance, but other items he may leave because the units will eventually be gutted out and rebuilt. Mr. Berg stated that an inspection did take place last Thursday and the paperwork did not make it into the mailing. Most of the code issues are still outstanding. Mr. Hickok commented that he has been on site recently and looked at the buildings. The change is remarkable compared to a month ago. He attested that the safety issues appear to be getting taken care of and he is happy with the progress in the short period of time. Mr. Rudolph stated that he has moved tenants to other units so he can begin remodeling. He is trying to not inconvenience the tenants. Councilmember Bolkcom asked if the license is revoked, if the tenants would be kicked out or if the property owner could not rent any new units. Mr. Rudolph stated that he was concerned if the license was revoked that he could not move people to other units for construction purposes. Councilmember Bolkcom questioned if Mr. Rudolph planned to remodel all properties and then sell them as condos. Mr. Rudolph replied yes. Councilmember Bolkcom asked if a three-month temporary license could be granted as long as immediate health and safety issues were taken care of. Mr. Knaak, City Attorney, responded that it would be under the discretion of Council whether to grant a temporary license or not. It would have to be under very unique circumstances to grant a temporary license and he did not know if the conversion would be unique enough. CITY COUNCIL MEETING OF JUNE 26, 2006 PAGE 14 Councilmember Bolkcom said they do not want to set a precedence. Councilmember Billings stated that they have applied for a rental license and the process is on- going. The property owner could apply for a new rental license once the property has satisfied the Fire Department. In any instance, the City would require that life threatening and safety issues be completed before the license is issued. Mr. Berg replied that this is a license transfer and after the inspection is completed, the owner will have sufficient time to correct the issues. Councilmember Billings asked if the transfer would be revoked if the license was revoked. Mr. Berg replied that is correct. Councilmember Billings stated that he understood that the license had not been transferred. Mr. Berg answered that the property was purchased but the transfer has not been made yet. Councilmember Billings asked how long it would take to renovate, convert and sell building 191. Mr. Rudolf replied that it depends how fast the demand is. Councilmember Billings recommended revoking the license based on the fact that a time cannot be determined for how long this remodel process will take. He asked Mr. Rudolph how many units were currently vacant. Mr. Rudolph replied that building 190 is almost full and building 191 has 5 of 12 units full. Councilmember Billings stated that if they revoke the license it would not be a big deal. If the property owner would take care of the heath and safety issues, it would not harm the owner to revoke the license. Mr. Hickok has given the property owner high remarks for his diligent work. Mayor Lund commented that if the license is revoked, he would still like to see the code violations corrected for the current tenants. Mr. Rudolph agreed to fix the health and safety issues but one unit had a bad furnace and he would not fix it because of the renovation. This unit would not be rented out. Mr. Berg stated that as a license provider, the property owner has 30 days to fix the items and even some of the cosmetic issues are considered a code violation. The list will be enforced and additional inspection fees will be accessed accordingly. In the process of a revocation of a license, the tenants have the right to maintain their lease. Councilmember Bolkcom asked if the property owner could still rent out the units without a license. CITY COUNCIL MEETING OF JUNE 26, 2006 PAGE 15 Mr. Berg replied that they can operate without a license but the owner could be sited as operating without a license. Jason Stratton, Island Park Drive resident, stated that he is a new resident and has spoken with other residents who agreed Mr. Rudolph has done more in one week than the previous owner has done in the last few years. He is interested in staying and buying property. MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING CLOSED AT 9:50 P.M. NEW BUSINESS: 15. Resolution Revoking the Rental Housing License for the Property Located at 190 Island Park Drive, Fridley, Minnesota (Ward 3) Councilmember Wolfe said that in order to hold the property owner accountable to bring the property up to code, the tenants would be allowed to stay and this would assure that the work is completed. After the work is completed, the property owner will be able to get their rental license back. Mayor Lund stated that these items need to be fixed and renovation has been started. This is the first positive influence in the area in a long time and by revoking the license we can ensure the process continues to move quickly. Councilmember Bolkcom agreed that sometimes it takes revocation of a license to get things done. Councilmember Billings stated that there is a specific reason to go through this process. It seems that the owner will handle the issues and he was aware of the problems prior to purchasing the property. This should not cause extensive harm to the property owner and revocation must be done so other landlords keep their properties up to code. MOTION by Councilmember Bolkcom adopt Resolution No. 2006-38. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 16. Resolution Revoking the Rental Housing License for the Property Located at 191 Island Park Drive, Fridley, Minnesota (Ward 3). MOTION by Councilmember Bolkcom to adopt Resolution No. 2006-39. Seconded by Councilmember Barnette. � � CffY OF FRIdLEY AGENDA ITEM CITY COUNCIL MEETING OF JULY 10, 2006 Date: July 5, 2006 To From: Subject: William Burns, City Manager Scott Hickok, Community Development Director Julie Jones, Planning Coordinator Rachel Harris, Environmental Planner Replacing Special Use Permit #73-OS with SP #06-08 for Sinclair Fridley, generally located at 6071 University Avenue NE Background At the June 26, 2006, City Council meeting, the Council held a public hearing for Sinclair Fridley, generally located at 6071 University Ave NE. The purpose of the hearing was to revisit the stipulations of the SUP #73-OS and survey how the property owner has brought the site into compliance with City Code. As noted at the June 26, 2006 public hearing, staff had asked the business owner to comply with code requirements that were enumerated in previous correspondence with the owner. As of June 26, 2006, the business owner had complied with most of the code requirements. Since June 27, 2006, the business owner has continued to correct remaining code violations. However, staff has noted the following non-compliance issues on several occasions since the public hearing: ■ Vehicles parked in stalls that are not striped and designated for parking ■ Vehicles parked closer than 15 feet to the gasoline pumps, in any direction Staff recommends that the City Council replace SP #73-OS with a new special use permit. Recommended stipulations for the new SUP were mailed to the business owner prior to the meeting. Recommendation Staff recommends that the City Council approve SP #06-08 to replace SP #73-OS at the July 10, 2006 Council meeting. The following stipulations are recommended. Stipulations 1. To maintain the site in a manner that is compliant with requirements of City Code, particularly the G 2 zoning district and Code Section 205.14. 2. Vehicles shall not park closer than 15 feet to the propane tank, in any direction. 3. Vehicles shall not park closer than 15 feet to the gasoline pumps, in any direction. 4. Vehicles leaking fluid shall not be stored outside without a device to prevent fluids from running off- site. 5. In accordance with G2 zoning requirements for service stations, no heavy duty car repairs shall be performed on-site. Heavy duty car repairs include, but are not limited to, repairs on transmissions, engines, drive shafts and front ends and body work. 6. Alterations to the site shall comply with the International Building Code (IBC) and International Fire Code (IFC). 7. The signage shall comply with Chapter 214 of the City Code. 8. Maintain current licenses per any and all City, County and State requirements. 9. No outside storage items shall be visible from the public right-of-way. 10. Vehicles shall not be stored for more than 48 hours on-site. 11. The drive aisles and entrances shall be kept clear. 12. Vehicles shall be parked in stalls that are striped and designated for parking. 13. No sale or display for sale of automobiles. M-06-74 � � CffY OF FRIDLEY ACTION ITEM CITY COUNCIL MEETING OF JULY 10, 2006 Date: July 6, 2006 To: From William Burns, City Manager Scott Hickok, Community Development Director Paul Bolin, Asst. Executive HRA Director Subiect: Award Gateway West 3rd Street Improvement Proiect #ST2006-3 The City of Fridley Public Works Department opened bids for Street Project No. 2006-3 at 10AM on July 6t", 2006. A total of 2 bids were submitted and Midwest Asphalt was the lowest bid at $276,194.70. Street project #ST2006-3 includes the utility and street work necessary for the Gateway West redevelopment project. The Housing & Redevelopment Authority passed a resolution agreeing to reimburse the City for the costs associated with running the street project on their behalf, at their June 1, 2006 meeting. It is anticipated that this work will be completed prior to September 1, 2006. Staff recommends the Council accept and approve Midwest Asphalt's bid in the amount of $276,194.70. 3rd Street Improvement Proiect No. ST 2006-3 10 AM Bid Opening, July 6, 2006 Name City Bid Midwest Asphalt Hopkins $276,194.70 Park Construction Fridley $478,234.17 � � CffY OF FRIDLEY ACTION ITEM CITY COUNCIL MEETING OF JULY 10, 2006 Date: July 6, 2006 To: From William Burns, City Manager Scott Hickok, Community Development Director Paul Bolin, Asst. Executive HRA Director Subiect: Award HRA Decorative Fence Proiect No. 2006-1 The City of Fridley Public Works Department opened bids for HRA Decorative Fence Project No. 2006-1 at 10AM on June 9t", 2006. A total of 1 bid was submitted on time and Crowley Company, Inc. was the low bid at $318,967.26. This fence project will extend the brick bollard and anodized black aluminum fence from 57t" Place to 61St Avenue. The Housing & Redevelopment Authority passed a resolution agreeing to reimburse the City for the costs associated with running the fencing project on their behalf, at their June 1, 2006 meeting. The contractor will work from the University Avenue side of the fence and minimize vegetation removal to the extent possible. It is anticipated that this work will be completed prior to September 1, 2006. Staff recommends the Council accept and approve Crowley Company's bid in the amount of $318,967.26. � � CffY OF FRIdLEY To From Date AGENDA ITEM CITY COUNCIL MEETING OF July 10, 2006 William W. Burns, City Manager Richard D. Pribyl, Finance Director Debra A. Skogen, City clerk June 27, 2006 Re: Resolution Declaring the Necessity to Increase the Water, Storm Water and Sanitary Sewer Rates in Excess of the Inflationary Index or 5%, Whichever is Less, As Required by Section 7.02 of the Fridley City Charter In 2000, the Fridley voters approved a referendum amendment to Chapter 7 of the City Charter requiring the City Council to submit to the voters any increase in taxes and other fees over the rate of inflation or 5%, whichever is less. Ordinance No. 1152 was adopted in March of 2001 clarifying the referendum language and now defining utility fees as a fee requiring voter approval if over the rate of inflation or 5%, whichever is less. Because of the change, the City Council has adopted an annual resolution increasing water, storm water and sanitary sewer rates by the rate of inflation in an attempt to provide sufficient revenues to match the cost of providing and maintaining those services. Unfortunately, due to this cap, the rate of inflation has not provided sufficient resources to cover the cost of providing and maintaining the water, storm water and sanitary sewer services. The City Council has had to approve the use of reserve funds over the past four years to cover the annual shortfall of revenues that has occurred. This amount has grown from a($250,000) deficit in 2002 to an estimated ($627,596) deficit for 2007. Due to this continuing deficit, the City of Fridley needs to increase utility rates to bring the revenues even with the expenses. Chapter Seven, Section 7.02.1 of the Charter of the City of Fridley, states that any other fees increased beyond the limits set forth in subsection 1, shall require voter approval as stipulated in subsection 2. Chapter Seven, Section 7.022, Subd. A, states that the City Council shall adopt a resolution declaring the necessity for an additional increase and specifying the purposes for which such additional increase is required. Chapter Seven, Section 7.02.2, Subd. B, states that a public hearing shall be held pursuant to three weeks published notice in the official newspaper setting for the contents of the resolution described in Subd. A.. Staff recommends a motion adopting a resolution declaring the necessity to increase the utility rates and schedule a public hearing for August 14, 2006. RESOLUTION NO. 2006- A RESOLUTION DECLARING THE NECESSITY TO INCREASE THE WATER, STORM WATER AND SANITARY SEWER RATES IN EXCESS OF THE INFLATIONARY INDEX OR 5%, WHICHEVER IS LESS, AS REQUIRED BY SECTION 7.02 OF THE FRIDLEY CTTY CHARTER WHEREAS, the Fridley voters approved a referendum amendment to Chapter 7 of the City Charter in November of 2000 requiring the City Council to submit to the voters any increase in taxes and other fees over the rate of inflation or 5%, whichever is less; and WHEREAS, Ordinance No. 1152 amended the referendum amendment and defined utility rates as a fee; and WHEREAS, the City Council has adopted an annual resolution increasing water, storm water and sanitary sewer rates by the rate of inflation since 2001; and WHEREAS, the rate of inflation has not kept up with the cost of providing water, storm water and sanitary sewer services and the City Council has had to approve the use of reserve funds to pay for the cost of providing and maintaining the utility services; and WHEREAS, the annual maintenance and operating costs of the water, sanitary sewer and stormwater utility operations has grown from an annual deficit of ($250,000) in 2002 to an estimated deficit of ($627,596) for 2007; and WHEREAS, the absence of positive net revenues has made the sale of Utility Revenue Bonds impossible; and WHEREAS, Chapter Seven, Section 7.023 of the Charter of the City of Fridley, states that any other fees increased beyond the limits set forth in subsection 1, shall require voter approval as stipulated in subsection 2; and WHEREAS, Chapter Seven, Section 7.02.2, Subd. A, states that the City Council shall adopt a resolution declaring the necessity for an additional increase and specifying the purposes for which such additional increase is required; and WHEREAS, Chapter Seven, Section 7.022, Subd. B, states that a public hearing shall be held pursuant to three weeks published notice in the official newspaper setting forth the contents of the resolution described in Section 7.022, Subd. A.; and WHEREAS, the City of Fridley needs to increase utility rates to bring the revenues even with the expenses. NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Fridley hereby schedules a public hearing for August 14, 2006, and directs the City Clerk to publish a Notice of Public hearing for three weeks prior to the public hearing for the purpose of establishing a ballot question that allows the City Council of the City of Fridley to increase the utility rates over the rate of inflation or 5% whichever is less, as outlined in Section 7.02.1 ofthe Fridley City Charter. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS lOTH DAY OF JULY, 2006. Scott J. Lund, Mayor ATTEST: Debra A. Skogen, City Clerk � AGENDA ITEM CITY COUNCIL MEETING OF �°F J U LY 10 2006 FRIDLEI' 7 To: William W. Burns, City Manager From: Donald Abbott, Public Safety Director Greg Salo, Patrol Sergeant Date: July 7, 2006 Re: Safe and Sober Communities Grant Agreement The Anoka County Sheriff's Office and the Anoka, Columbia Heights, Coon Rapids, Ramsey, Spring Lake Park, Lino Lakes, and Fridley Police Departments are submitting a j oint grant request under the Safe and Sober Communities Grant Program. The State of Minnesota Department of Public Safety uses this program to award funds provided by the Federal Office of Traffic Safety to communities for use in traffic education and enforcement efforts. The Safe and Sober Communities Grant Program is expected to provide approximately $5,000 to each community to fund law enforcement officer overtime as they participate in j oint enforcement efforts. These enforcement efforts will take place on major holiday weekends, will coincide with high school graduations in Anoka County, and on selected other weekends. The focus of these enforcement efforts will involve officers from all participating agencies simultaneously and will coincide with similar efforts throughout the State of Minnesota. In addition to the enforcement effort, community education through media advertising and news releases, posters to educate motorists as to the risks and consequences of impaired driving and failure to utilize seatbelts and passenger restraints will be funded. Each enforcement weekend will be augmented by a corresponding advertising campaign. The Anoka County Sheriff's Office will administer the Safe and Sober grant on behalf of the participating agencies. The Safe and Sober grant will provide reimbursement to the City of Fridley for the salary and benefits of our officers assigned to these overtime enforcement shifts. Some additional training is required of our officers and the Safe and Sober grant will provide this training as well. The City of Fridley provides officer time to attend this training, squad cars, fuel, and related supplies and support to our officers assigned to the enforcement effort. Staff recommends Council's approval. RESOLUTION NO. 2006 - RESOLUTION AUTHORIZING PARTICIPATION IN THE SAFE AND SOBER COMMUNITIES GRANT PROGRAM WHEREAS, the City of Fridley recognizes the importance of the safe and efficient movement of traffic in and through our community; WHEREAS, the City of Fridley Police Department works to improve the safe and efficient movement of traffic through education and enforcement; WHEREAS, drivers operating motor vehicles under the influence of alcohol and vehicle occupants not utilizing vehicle safety belts contribute to needless accidents and injury; WHEREAS, in recognition of the adverse impact on lives and property resulting from impaired drivers and the non-use of seatbelts, the State of Minnesota, Minnesota Department of Public Safety, and the Office of Traffic Safety have developed the SAFE AND SOBER Grant Program to fund traffic safety education and enforcement; WHEREAS, the municipalities of Anoka, Columbia Heights, Coon Rapids, Lino Lakes, Ramsey, Spring Lake Park, and Fridley desire to cooperatively participate in the SAFE AND SOBER COMMUNITIES Grant Program during the year from October 1, 2006 through September 30, 2007; NOW, THEREFORE BE IT RESOLVED that the Chief of the Fridley Police Department or his designee is hereby authorized to execute such agreements and amendments as are necessary to implement the proj ect on behalf of the City of Fridley. BE IT FURTHER RESOLVED that the Coon Rapids Police Department is hereby authorized to be the fiscal agent and administer this grant on behalf of the City of Fridley Police Department. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS l OTH DAY OF JULY, 2006. SCOTT J. LUND — MAYOR ATTEST: DEBRA A. SKOGEN — CITY CLERK � AGENDA ITEM COUNCIL MEETING OF JULY 10, 2006 CffY OF FRIDLEI' CLAIMS 127248 - 127398 � AGENDA ITEM CITY COUNCIL MEETING OF JULY 10, 2006 �°F LICENSES FRIDLEI' Contractor T e A licant A roved B AAA Lamberts Landsca e Wreckin Cliff Lambert Ron Julkowski, CBO Air Masters, Inc. Heating Brian Kuhn Ron Julkowski, CBO All Elements, Inc. Roofin John Thurber Ron Julkowski, CBO Dependable Indoor Air Quality Heatin James Holt Ron Julkowski, CBO Faircon Service Company Heating Paul Schoenecker Ron Julkowski, CBO Fischer Companies Inc. Roofing Tim Fischer Ron Julkowski, CBO Heating & Cooling Two Inc. Heatin /Gas Bill Hausmann Ron Julkowski, CBO Lee Cook & Son, Inc. Commercial/S ecialt Lee Cook Ron Julkowski, CBO Metropolitan Mechanical Contractors Heating/Gas Robert Kaczke Ron Julkowski, CBO Park Construction Company Excavating John Hedquist Ron Julkowski, CBO � � CffY OF FRIDLEI' AGENDA ITEM CITY COUNCIL MEETING OF JULY 10, 2006 ESTI MATES Maertens-Brenny Construction Company 8251 Main Street N.E. Fridley, MN 55432 Locke Park Water Treatment Plant Improvements EstimateNo. 5 ...................................................... Park Construction 500 — 73rd Avenue N.E. Suite 123 Fridley, MN 55432 ............................ $ 16,031.25 2006 Street Improvement Proj ect No. ST2006 — 1 Estimate No. 2 ....................................................................................... $559,372.68 Palda & Sons, Inc. 1462 Dayton Avenue St. Paul, MN 55104 2005 Street Improvement Proj ect No. ST2005 — 1 Estimate No. 2 ....................................................................................... $147,142.88 � � CffY OF FRIDLEI' AGENDA ITEM CITY COUNCIL MEETING OF JULY 10, 2006 Date: June 7, 2006 To: From: Subj ect: William Burns, City Manager Scott Hickok, Community Development Director Julie Jones, Planning Coordinator Public Hearing to Consider Revocation of Special Use Permit #03-14 for Central Auto Parts, generally located at 1201-73 '/2 Avenue NE Background On August 25, 2003, the Fridley City Council approved Special Use Permit, SP#03-14, to operate a salvage yard at property generally located at 1201 — 73 '/2 Avenue NE. This is the business location of Central Auto Parts. SP #03-14 was designed to replace two previously issued special use permits to operate a salvage yard at this location. In response to a plea from the properiy owner's legal counsel for more time to bring the properiy into compliance at the 2003 public hearing, the City Council approved a five-year timetable for completing new stipulations for the 2003 SUP. We are now entering year four of that timetable, and, to date, none of those improvements has been made. Staff conducted an inspection of the site on April 11, 2006. Following is a table of all of the stipulations related to the current SUP and the progress made. Sti ulation Com lete? 1. Prepare survey and finished site plan, including hard-surface parking/storage area with curb and gutter, No landscape plans, grading and drainage plans (due March 2004) 2. Obtain City and Watershed approvals of design; install landscaping, irrigation, and fence repairs (due No March 2005) 3. Complete first phase of grading, storm sewer piping, and storm water detenrion pond (due March 2006) No 4. Complete first phase of installarion of curb/gutters and paving (due March 2007) No 5. Complete final phase of curb/gutters and paving (due March 2008) No 6. Building shall be metal with brick veneer 7. No cars piled higher than the fence No 8. No inoperable cars shall be parked or stored outside the fence No 9. Driveways or limited access shall be authorized on 73 '/z Avenue. The three access points tl�at currently OK exist are permitted. No addirional access to 73�d shall be permitted. 10. Solid screening fence shall be placed completely around property and fence sl�all be improved by being No painted or constructed of an acceptable color-fast material and shall be uniform in size. 11. Addirional landscaping shall be placed along the screening fence on 73 '/2 Avenue. An overall Repaired irrigation & site/landscape plan shall be submitted by the property owner and approved by staff in accordance with the replaced some dead requirements in #1 above. trees, but no new landsca e lan 12. Concrete driveways shall eatend a minimum of 10' beyond the screening fence into properiy from the No street Recommendation It is clear in this case that the property owner and business owner have completely disregarded the stipulations placed on their special use permit. Staff recommends that the City Council move to revoke SP#03-14 at the July 24 Council meeting, following the public hearing rescheduled for July 10. Due to the volume of automotive materials at this business, staff recommends that the City Council provide detailed direction to the property owner as to how the site must be cleared of the non-permitted activity within 90 days of Council action. These requirements should include at minimum: 1. Remove all business signage within 15 days of Council action 2. Removal of all full and partial automobiles as well as parts outside of the building 3. Removal of all automotive fluids from the premises 4. Removal and sweeping of soil from the paved surfaces at each entrance to the site 5. Removal of all fence sections and posts 6. Removal of any equipment or racking 7. Removal of all material and litter in the public right of way on 73 '/2 Avenue around the site 8. All disturbed soil must be graded and landscaped (lay sod or seed) to assure soil is stabilized to resist wind and water erosion. 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'::.<7" t"'4y�' '.�J Y ": :`, � � CffY OF FRIDLEY Date To: AGENDA ITEM CITY COUNCIL MEETING OF JULY 10, 2006 July 5, 2006 Wlliam Burns, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Coordinator Stacy Stromberg, Planner Subject: First Reading for Sign Code Text Amendments, TA #06-01 M-06-75 INTRODUCTION Over the course of the last several months, City staff has had several discussions with the Planning Commission and the City Council related to the new sign code legislation. Most specifically conversations have been related to the amount of signage and the placement of signage along the Interstate 694 corridor. After staff's latest discussion with the City Council at the June 12, 2006 Pre-City Council meeting, it was determined that the 275 ft. buffer strip will be used to determine which properties are allowed in the Interstate 694 overlay district and that the new sign needs to be placed between the principal building and the Interstate 694 right-of-way and within the 275 ft. buffer strip. All other text amendments related to Definitions, Institutional Signs (Churches and Schools), Political Signs, Temporary Sign requirements, Signage requirements for R-1 and R-2 properties separate from R-3 properties remain the same as was reviewed during the public hearing. PLANNING STAFF RECOMMNEDATION City Staff recommends that the City Council hold the first reading of the ordinance for approval of TA #06-01, related to new sign code legislation. City staff recommends that the City Council hold the second and final reading of this ordinance on July 24, 2006. Ordinance No. AN ORDINANCE AMENDING CHAPTER 214, RELATED TO DEFINITIONS, INSTITUTIONAL SIGNS (CHURCHES & SCHOOLS), POLITICAL SIGNS, TEMPORARY SIGN REQUIREMENTS, AND SIGNAGE FOR INDUSTRIES AND BUSINESSES ALONG INTERSTATE 694. The Fridley City Council hereby finds after review, examination and recommendation of staff that Chapter 214, Signs, related to definitions, institutional signs, political signs, temporary signs and signage for industries and business along Interstate 694 be amended as follows: SECTION 1: That Section 214.02 be hereby amended as follows: 214.02 DEFINITIONS 4. Alteration. Any maj or change to a si�n structure or the chan�e of a si�n face, excluding routine maintenance, of an existing sign. 19. Interstate 694 Corridor. Any commercial, industrial, or S-2 redevelopment property immediately adjacent to Interstate 694 ri�ht- of-wav. �. 20. Motion Sign. �9. 21. Nonconforming Sign, Legal. �. 22. Nonconforming Sign, Illegal. �. 23. Permanent Sign. �. 24. Personal Expression Sign. �4. 25. Political Sign. s�.� �'�g�. , . . �-^�. ��g� . ;+�n�e�.�-z e��°��' . R A � � ;+1, ..1,.,��;� ., .,,-f .. „�+,-.,..+o.a .� ;+1,.,,,+ .� l,00l� v. . �zi „v T��S . � � . T.� n n v.4o� � ol..n�o � r n�. orF.n.v.r. v� nr��o� v.� . n.ti.�o � �m v�„ti.�.n n. °, " , „ 4., ,1., 1.,, .,+, �' TRo,,,, .,,,.a � ,,.a.r,;..l, 1..,.,,-.a� x. . Ordinance No. 3. �a�s�g�r�� u u„+ ., � �'iio,a i..,ii,,,,r� „ ,,.i.,-oii.,�� , o,a � ,- .,,a. o,-�;�;r,. n. 36. Temporary Sign. Page 2 Any sign fabricated of paper, plywood, fabric, or other light, impermanent materiaL Includin� but not limited to: A. A si�n with wheels removed. B. A si�n with chassis or su�port constructed without wheels. C. A or T frame si�ns. D. Si�ns temporarily or permanently attached to the �round, a structure, or other si�ns. E. A si�n mounted on a vehicle for advertisin� purposes, parked, and visible from public ri�ht-of-wa.�pt si�ns identifyin� the business when the vehicle is bein� used for normal day to day business operations. F. Menu and sandwich boards. G. Searchli�ht stands. H. Hot air or �as-filled balloons or umbrella's used for advertisin�. I. Banners SECTION 2: That Section 214.05 be hereby amended as follows: 214.05. SIGNS ALLOWED IN ALL DISTRICTS, WITHOUT A SIGN PERMIT UNLESS OTHERWISE SPECIFIED 6. Institutional Signs. Bv Si�n Permit, ��rovided they meet the following requirements: A. Free standin� si�ns. One (1) per development. �. 1. A ma�mum size of thirty-two (32) square feet in area (except as provided in Code Section 214.05.6.C). 2. A maximum size of ei�h .(t�80) square feet in area is allowed per development provided the followin� criteria can be met: a. Si�ns over thirty-two (32) square feet shall be placed a minimum of fi (50) feet from any nei�hborin� residentially zoned property (not includin� a residential site an institution is located upon). Ordinance No. Page 3 b. Si�n shall be placed so illuminated si�n face is perpendicular to adjacent roadways. c. Si�n shall not create a�lare that will impact adjacent residential properties. 3. A maximum hei�ht of twenty-five (25) feet above the finished �round �rade. 4. A minimum hei�ht of ten (10) feet from the bottom of the si�n to the finished �round �rade when within twenty-five (25) feet of a driveway or a corner vision safe . zone. 5. A minimum distance of ten (10) feet from an�property line or drivewa (�except as defined in Code Section 214.05.3.C.1). B n,,, ,,, ,a;�+.,,,,.o „�+o„ �� m� o+ �,,,,, ., ro�+. i.ro ...-.a.-:. o-� Any electronic messa�e or reader board si�n shall meet all requirements of the special use permit provisions of this Code (Section 214.07). C n i,,,��;+.,i o 0 o i.o ., „� i nn � o� o+ ; �. walls Si�ns. The total si�n area shall not exceed fifteen (151 times the the si�n is to be placed. D. Temporary Si�ns. uare root of the wall len�th on which L May be displayed for a period of fourteen (14) days after a permit is issued by the Cit� Such si�ns shall be restricted to one per tax parcel/development at any one time. The number of permits issued per year for a sin�le or multiple use buildin�s/sho�pin� centers shall be based upon the number of businesses within said buildin� as follows: Number of Businesses 1-5 6-10 11-15 16+ Maximum Number of Permits Allowed 2. The use of such si�n by businesses within the buildin� shall be the responsibility of the property owner or desi�nated mana�er. All tempora .r s��n permit a�plications must be si�ned by said property owner or desi�nated mana�er before processin� can be�in. 3. All temporary si�ns shall be located on the property on which the business is located. Such si�ns shall be location a minimum distance of ten (10) feet from an�property line or driveway so as not to interfere with pedestrian or vehicular traffic. 4. Prior to the issuance of a permit, a deposit of $200.00 in the form of a certified check or money must be provided to the City. Said deposit will be refunded only if the si�n is removed by noon of the next business day after the permit period expires. E. A hospital emer�ency si�n may be a maximum of 100 square feet in area. SECTION 3: That Section 214.06. be hereby amended as follows: Ordinance No. 214.06. TEMPORARY SIGNS ALLOWED IN ALL DISTRI PERMIT 1. Construction Signs. Page 4 WITHOUT A SIGN A. Multiple Developments. Construction signs may be erected for the purpose of identifying a development of ten (10) or more dwellings, ten (10) or more �� manufactured homes, three (3) or more multiple dwellings, or a building consisting of three (3) or more businesses or industries, with the following restrictions: 2. Real Estate Signs. A. Multiple Developments. Real estate signs may be erected for the purpose promoting development of ten (10) or more dwellings, ten (10) or more homes, three (3) or more multiple dwellings or a building consisting businesses or industries, with the following restrictions: 3. Political Signs. A. A ma�mum size of thirty-two (32) square feet in area. B. To not be placed until Au�ust lst of each calendar .� �. C. To be removed within €r�€-(53 ten 10 days following the election. _ �� . of selling, leasing or �� manufactured of three (3) ar more D n,,. �;,.,, i.,,-,.o,- +�,.,,, +�„-oo «� �,.,,.,,-o � o+ ;,, �.-o� All political si�ns must be placed a minimum distance of ten (10) feet from a street curb and ten (10) feet from any driveway. . .. . • . . SECTION 4: That Section 214.07. be hereby amended as follows: SECTION 214.07. SIGNS ALLOWED WITH A SPEICAL USE PERMIT 1. � Electronic changeable signs are �� allowed in all districts except residential districts, unless meetin� the requirements for Institutional Si�ns in Section 214.05, and then only after the issuance of a special use permit subject to the following minimum conditions: SECTION 5: That Section 214.08. be hereby amended as follows: 214.08. SPECIFIC DISTRICT REQUIREMENTS Ordinance No. Page 5 In addition to those signs �� allowed in all districts, the following signs are ��allowed in each specific district and shall be regulated as to type, size, and setback according to the following requirements. SECTION 6: That Section 214.09. be hereby amended as follows: 214.09. TYPES, SIZES, AND SETBACKS FOR R-1 AND R-2 RESIDENTIAL DISTRICTS, BY SIGN PERMIT UNLESS OTHERWISE SPECIFIED 2. Wall Signs. (No si�n permit required) SECTION 7: That Section 214.10. be added as follows: SECTION 214.10. TYPES, SIZES, AND SETBACKS FOR R-3 RESIDENTIAL DISTRICT, BY SIGN PERMIT UNLESS OTHERWISE SPECIFIED 1. Area Identification Si�ns. A. One (1) si�n per development. B. A maximum size of twenty-four (24) square feet in area. C. A minimum distance of ten (10) feet from an�property line or drivewa� D. A maximum hei�ht oftwenty-five (25) feet above the finished �round �rade. E. A minimum hei�ht of ten (10) feet from the bottom of the si�n to the finished �round �rade when within twenty-five (25) feet of a driveway or corner vision safet. z� 2. Wall Si�ns. The total si�n area shall not exceed fifteen (15) times the square root of the wall len�;th on which the si�n is to be placed. 3. Temporary Si�ns. L May be displayed for a period of fourteen (14) days after a permit is issued by the City. Such si�ns shall be restricted to one per tax parcel/development at any one time. The number of permits issued per year for a sin�le or multiple use buildin�s/sho�pin� centers shall be based upon the number of businesses within said buildin� as follows: Number of Businesses 1-5 6-10 11-15 16+ Maximum Number of Permits Allowed 2 4 6 8 2. The use of such si�n by businesses within the buildin� shall be the responsibility of the property owner or desi�nated mana�er. All tempora .ry si�n permit a�plications must be si�ned b.� property owner or desi�nated mana�er before processin� can be�in. Ordinance No. Page 6 3. All temporary si�ns shall be located on the property on which the business is located. Such si�ns shall be location a minimum distance of ten (10) feet from any property line or driveway so as not to interfere with pedestrian or vehicular traffic. 4. Prior to the issuance of a permit, a deposit of $200.00 in the form of a certified check or money must be provided to the City. Said deposit will be refunded only if the si�n is removed by noon of the next business day after the permit period expires. SECTION 8: This Section 214.10. be amended as follows: SECTION 214.�9.11. TYPES, SIZES, AND SETBACKS FOR CR-1 DISTRICTS, BY SIGN PERMIT UNLESS OTHERWISE SPECIFIED. i n,-o., r,a o„+; �;,..,+;,,,, e; ,.,, � �. . . • . . . � �. 1. Free Standing Signs. �. 2. Roof Signs. 4. 3. Window Signs. (No si�n permit required) �. 4. Wall Signs. b. 5. � Temporar�Signs. (Re£ 913) A. May be displayed for a period of 14 days after a permit is issued by the City. Such signs shall be restricted to one per tax parcel/development at any one time. The number of permits issued per year for single and multiple use buildings/shopping centers shall be based upon the number of businesses within said building as follows: Number of Businesses 1-5 6-10 11-15 16+ Maximum Number of Permits Allowed 2 �4 46 �8 C. All � temporary signs shall be located on the property on which the business is located. Such signs shall be located a minimum distance of ten (10) feet from any properiy line or driveway so as not to interfere with pedestrian or vehicular traffic. SECTION 9: This Section 214.11. be hereby amended as follows: SECTION 214.�.12. TYPES, SIZE AND SETBACKS FOR G1, C-2, AND C-3 DISTRICTS, BY SIGN PERMIT UNLESS OTHERWISE SPECIFIED , n,-o., r,aor+;�;,..,+;,,r c;,.r� z. . Ordinance No. . . . , . � ..._.,. — �. 1. Free Standing Signs. �. 2. Roof Signs. 4. 3. Window Signs. (No si�n permit required) �. 4. Wall Signs. b. 5. � Temporar�Signs. (Re£ 913) Page 7 A. May be displayed for a period of 14 days after a permit is issued by the City. Such signs shall be restricted to one per tax parcel/development at any one time. The number of permits issued per year for single and multiple use buildings/shopping centers shall be based upon the number of businesses within said building as follows: Number of Businesses 1-5 6-10 11-15 16+ Maximum Number of Permits Allowed 2 �4 46 �8 C. All � temporary signs shall be located on the property on which the business is located. Such signs shall be located a minimum distance of ten (10) feet from any properiy line or driveway so as not to interfere with pedestrian or vehicular traffic. �.6. Billboards. Shall be permitted only in the G3 District within this Section. Specific requirements are listed under Section 214.�.14. SECTION 10: This Section 214.12. be hereby amended as follows: SECTION 214.�.13. TYPES, SIZES AND SETBACKS FOR M-1, �B M-2, AND M-3 DISTRICTS, BY SIGN PERMIT UNLESS OTHERWISE SPECIFIED ��.e�s� �r�esn�rss:ree�.rr:ser� . • . . r��.�erszser.r��esrse�fr��s� eeerse�.s�� . 1. Free Standing Signs. Ordinance No. �. 2. Roof Signs. 4. 3. Window Signs. (No si�n permit required) �. 4. Wall Signs. b. 5. � Temporary Signs. (Ref. 913) Page 8 A. May be displayed for a period of 14 days after a permit is issued by the City. Such signs shall be restricted to one per tax parcel/development at any one time. The number of permits issued per year for single and multiple use buildings/shopping centers shall be based upon the number of businesses within said building as follows: Number of Businesses 1-5 6-10 11-15 16+ Maximum Number of Permits Allowed 2 �4 46 �8 C. All � temporary signs shall be located on the property on which the business is located. Such signs shall be located a minimum distance of ten (10) feet from any properiy line or driveway so as not to interfere with pedestrian or vehicular traffic. �.6. Billboards. „ „ . � r . � _� . . _• � r - � Y �� \ . \ Y �� r � � -- Y � � '.i�.S'i'1D'�!!!�f!liff!TEl�l.�!!'SR9��'i Y Ordinance No. r �� Page 9 „�r,-„ro,-,,,.,;,,+o,,.,,,,.o ��,.,�� ,o ,. o � ,-,-o. ,,,..,+;,,,, „�+�,o � ,,,,;+ . , � o+ � ,,,,, ., .,;�,-,,.,,� ,. � ;+�,,,,,+ �;,.�,+� .,,,,� �,,,- ., ,..,+o .,,�'„ o,+.. Shall be permitted in the M-1, M-2, and M-3 Districts within this Section. Specific requirements are listed under Section 214.14. SECTION 11: That Section 214.14. be hereby added as follows: 214.14. BILLBOARD REQUIREMENTS Billboards shall be permitted in only C-3, M-1, M-2, and M-3 Districts. The followin� requirements shall be considered as minimum standards when issuin� a special use permit to erect a billboard. The City Council ma.�pose additional requirements. A. Billboards shall be restricted to property adjoinin� the ri�ht of ways of Interstate Hi�hwa.� Trunk Hi�hway #47, Trunk Hi�hway #65 and East River Road south of Interstate Hi�hwa. #� B. The ma�mum hei�ht is twenty-five (25) feet above the finished �round �rade, unless the si�n is intended to be viewed from a hi�hway, then the twenty-five (25) foot maximum hei�ht shall be computed from the centerline of the traveled hi�hway, but in no case shall the vertical distance between the bottom of the si�n and the �round be reduced to less than ten (10) feet. C. The ma�mum si�n area is three hundred (300) square feet per facin� not to exceed two (2) facin�s when erected on East River Road south of Interstate Hi�hway #694, on Trunk Hi�hway #47 and on Trunk Hi�hway #65; and 750 square feet per facin� not to exceed two (2) facin�s when erected on Interstate Hi�hway, #694. Double faced si�ns shall be attached back to back at a horizontal an�le not to exceed forty-five (45) de�rees. D. The minimum distance between billboard si�ns is 1000 feet when erected on the same side of the hi�hwa� E. The minimum setback from the hi�hway ri�ht of way is thirt�30) feet. F. The minimum distance is 500 feet from a billboard si�n to the intersection of any street or where traffic crosses or mer�es at the same elevation. The distance is determined b.� from the intersection of the street and hi�hway centerlines and the si�n. G. The minimum distance to a residential and public district is 500 feet. H. The si�n structure shall be all metal and be either painted or treated to prevent deterioration. Lack of proper maintenance shall be cause for revocation of the si�n permit. L The minimum distance to a railroad crossin� is 350 feet when there are li�hts and a�ate, and 500 feet from a railroad crossin� without li�hts and/or a�ate. Ordinance No. Page 10 J. Any li�htin� will be shielded to not impair the vision of any motor vehicle operator or to create a nuisance on adjoinin� propert� SECTION 12: That Section 214.13. be hereby amended as follows: 214.�3.15 TYPES, SIZED AND SETBACKS FOR Ps �#B PUD, AND S-2 DISTRICTS, BY SIGN PERMIT UNLESS OTHERWISE SPECIFIED SECITON 13: That Section 214.14. be hereby amended as follows: 214.�-4.16 SHOPPING CENTERS AND MULTIPLE USE BUILDINGS SECTION 14: That Section 214.17. be hereby added as follows: SECTION 214.17. 1NTERSTATE 694 CORRIDOR SIGNAGE REQUIREMENTS 1. All properties zoned CR-1, G1, C-2, C-3, M-1, M-2, M-3, S-2 and located within 275 ft. from the centerline of Interstate 694 (see Appendix A) shall be allowed two (2) free-standin� si�ns per development. The primary (Interstate) free-standin� si�n will be allowed based on the maximum square foota�e of the acrea�e of the development. The followin� chart determines the size si�n each development shall be allowed: 2. The primary free-standin� si�n shall be located between the principal buildin� and the Interstate 694 ri�ht-of-way, a minimum of ten (10) feet from an�property line and the adj acent Interstate 694 ri�ht- of-way, and located within the 275 ft. buffer strip (see A�pendix A). All a�plicants for a si�n permit within the buffer strip shall provide a certificate of survey ensurin� that the si�n will be placed within the 275 ft. buffer strip when measured from the centerline of Interstate 694. 3. The maximum hei�ht of thirty-five (35) feet above the finished �round �rade. 4. The secondary free-standin� si�n shall be allowed where the development abuts an additional ri�ht-of-way. This secondary si�n shall be permitted to be 40 (fort.Y) square feet, or can be increased u� to 80 (ei�htY) square feet so lon� as the primary (Interstate) si�n is reduced by the amount of the secondary si�n increase. (ex. If the secondary si�n is increased to 72 (seventy-two) square feet, the primary size shall be reduced by 32 (thirty-two) square feet.) a. A minimum distance of ten (10) feet from an�property line or drivewa� b. A maximum hei�ht of twenty-five (25) feet above finished �round �rade. 5. All other si�na�e for the properties alon� the I-694 corridor shall refer to the specific zonin� district re�ulations for si�ns provided in this Chapter. SECTION 15: That Section 214.15. and 214.16 be amended as follows: Ordinance No. 214.�5 18. SIGN PERMIT REQUIREMENTS 214.� 19. SIGN ERECTORS' LICENSE REQUIREMENTS SECTION 16: That Section 214.17. be amended as follows: 214.� 20. EXISTING SIGNS 2. Legal Nonconforming Signs. Page 11 B. A sign shall immediately lose its "legal nonconforming" designation and be termed illegal nonconforming i£ (4) The sign becomes dilapidated or damaged and the cost of bringing it into compliance is more than fifty percent (50%) of the value of said sign, and no si�n permit has been a�plied for within 180 days of when the si�n is dama�ed at which time all of the sign and its structure must be removed. SECTION 17: That Section 214.18, 214.19, 214.20, and 214.21 be amended as follows: 214.� 21. ENFORCEMENT 214.� 22. VIOLATTONS 214.�9 23. PENALTY 214.� 24. APPEALS PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 2006. Scott J. Lund, Mayor ATTEST: Debra A. Skogen, City Clerk Public Hearing. May 8, 2006 First Reading: July 10, 2006 Second Reading: July 24, 2006 Publication: � � AGENDA ITEM ��F CITY COUNCIL MEETING OF JULY 10, 2006 FRIDLEI' INFORMAL STATUS REPORTS