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05/21/2007 - 6130. .r ,. . _ _ � � CffY OF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF MAY 21, 2007 T:30 p.m. - City Council Chambers Attendance Sheet ALFASF AR/NT NAMF, ADDRFSS AND /TFM NUMB�'R YOU ARF /MTFitFSTFD /M. Print Name (Clearly� Address� Item No. ' t� ✓h rz..' � L ' �'� �' ., � - .� .�� ' � ��lc� S�- 0�1 � � � E� iz � E �.J� �S G�U 5 U- Z� S'r /U � �.� � � � C � y-e �� s ��'u � � S�- n �. L� � � -1 c� � 5"1 c� � �� S� � d.i� �o rt J d,L <- f'� � /V � (p � � �� ,/�n--�._ � '� 3 G � �lir' �� i�' < � ` � �` � ti � � ��' '�� i u� �� ..- Vl�(.�� . G�, Y� � -� o � � � � 3 � � --��'`�` � �' �- �J / � - � ��-� G� ' � ss - L � ' i �. c_ �`t L �� i �— �� r�' � Q� ` ��.�� i�'� �� 1� i�j l �� ,�, �, FRIDLEY CITY COUNCIL MEETING OF MAY 21, 2007 . � I CfTY OF FRIDLEY The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 at least one week in advance. (TTD/763-572-3534) PLEDGE OF ALLEGIANCE. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of May 7, 2007 �r�'iQ.lt 'C c�l �1c�� J �/ �. (��C-x''t- �k' ; �.C,�l�-�tc.P �, �. NE ) BUSINESS: Receive the Minutes of the Planning Commission Meeting of May 2, 2007 ..................... 1- 4 � �� 2. Resolution Authorizing Final Changes in Appropriations for the General Fund, Special Revenue Funds, and the Capital Improvement Fund for the Year Ended 2006 .......... 5- 8 f�r � .e��.�c:�. 3. Claims (131706 —131896) 4. �-�-�..%��,�' �K �� Licenses ........... �� Estimates ................ ��`�� -- ADOPTION OF AGENDA. PUBLIC HEARINGS: 6. Consideration of Mill and Overlay Project No. 2007 — 2 ................................... 14 - 15 CJ�-�t`-^.�.1'�C. 7. Consideration of an Ordinance Proposing to Amend Section 7.02 of the Fridley City Charter Pertaining to Utility Rates .................. 16 - 18 C��-��;� Consideration of Special Use Permit, SP #89-08, for Sam's Auto World, Generally Located at 7570 Highway 65 (Ward 2) ................ 19 - 20 NEW BUSINESS: 9. 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, by Sam's Auto Parts, Generally Located at 1240 73 %2 Avenue) (Ward 2) ..................... 21 - 32 .... 9 10, .... 10 -12 13 t�� 11 ��.�C..�"��`-�-t� �� Preliminary Plat Request, PS #07-04, by Bruce Westman, to Reconfigure Two Lots, Generally Located at 100-110 Mississippi Place (Ward 3) ................................... 33 - 37 � '�L % � {i�-�'�'L- - � ��C� � �'� 1 Informal Status Reports ..................... ��38 ADJOURN. OPEN FORUM IVISITORS): Consideration of Items not on Agenda —15 Minutes � � CITY COUNCIL MEETING OF MAY 21, 2007 CffY OF FRIQLEY 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 763-572-3500 at least one week in advance. (TTD/763-572-3534) PLEDGE OF ALLEGIANCE. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of May 7, 2007 NEW BUSINESS: 1. Receive the Minutes of the Planning Commission Meeting of May 2, 2007 ................................................................................. 1- 4 2. Resolution Authorizing Final Changes in Appropriations for the General Fund, Special Revenue Funds, and the Capital Improvement Fund for the Year Ended 2006 .................................... 5- 8 3. Claims (131706 — 131896) ............................................................................ 9 FRIDLEY CITY COUNCIL MEETING OF MAY 21, 2007 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 4. Licenses ................................................................................................... 10 - 12 5. Estimates ................................................................................................... 13 ADOPTION OF AGENDA. OPEN FORUM (VISITORS): Consideration of Items not on Agenda — 15 Minutes PUBLIC HEARINGS: 6. Consideration of Mill and Overlay Project No. 2007 — 2 .................................................................................................. 14 - 15 7. Consideration of an Ordinance Proposing to Amend Section 7.02 of the Fridley City Charter Pertaining to Utility Rates .............................................................................. 16 - 18 8. Consideration of Special Use Permit, SP #89-08, for Sam's Auto World, Generally Located at 7570 Highway 65 (Ward 2) ........................................................................... 19 - 20 NEW BUSINESS: 9. 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, by Sam's Auto Parts, Generally Located at 1240 73'/ Avenue) (Ward 2) ................................................................................. 21 - 32 FRIDLEY CITY COUNCIL MEETING OF MAY 21, 2007 PAGE 3 NEW BUSINESS (CONTINUED): 10. Preliminary Plat Request, PS #07-04, by Bruce Westman, to Reconfigure Two Lots, Generally Located at 100-110 Mississippi Place (Ward 3) ............................................33 - 37 11. Informal Status Reports ................................................................................ 38 ADJOURN. CITY COUNCIL MEETING CITY OF FRIDLEY MAY 7, 2007 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:31 p.m. ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmember-at-Large Barnette Councilmember Saefke Councilmember Varichak Councilmember Bolkcom OTHERS PRESENT: William Burns, City Manager Fritz Knaak, City Attorney Scott Hickok, Community Development Director Jon Haukaas, Public Works Director Richard Pribyl, Finance Director Julie Jones, Planning Manager PROCLAMATIONS: National Police Week May 13-19, 2007 Peace Officers Memorial Day. May 19, 2007 Public Works Week May 20-26, 2007 APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: Local Board of Appeal and Equalization of Apri123, 2007 City Council Meeting of Apri123, 2007 APPROVED. SPRINGBROOK NATURE CENTER Siah St. Clair, Naturalist, gave a presentation regarding the Springbrook Nature Center Summer Camps. FRIDLEY CITY COUNCIL MEETING OF MAY 7, 2007 PAGE 2 NEW BUSINESS: 1. Receive the Minutes of the Planning Commission Meeting of April 18, 2007. RECEIVED. 2. Resolution to Vacate Portions of Ely Street, Liberty Street, Longfellow Street, and the Alleys Located Between Ely Street and Liberty Street, Liberty Street and Longfellow Street, and Longfellow Street and 79t'' Avenue, Generally Located at 30 81st Avenue N.E. (Vacation Request, SAV #07-01, by Richard Carlson for Park Construction) (Ward 3). William Burns, City Manager, stated these vacations are located at 30 — 81st Avenue N.E. Staff recommends Council's concurrence with the Planning Commission's recommendation for approval of these vacations subj ect to the following stipulations: 1. Utility easements as required by the Metropolitan Council to be shown and dedicated on final plat; 2. All parking and drive areas to be paved per City Code requirements, except for the area for tracked vehicle parking that was approved with VAR #04-11; 3. If outdoor storage continues to be part of the use on Lot 2, landscaping shall be required along those property lines abutting public right-of-ways. Landscape plan to be submitted and approved by City staff prior to installation. 4. If the petitioner plans to utilize Lot 2 for their business through the use of outdoor storage and without a principal structure, the final plat should show one lot instead of two. ADOPTED RESOLUTION NO. 2007-24. 3. Resolution Receiving the Preliminary Plans, Specifications, and Feasibility Report and Calling for a Public Hearing on the Matter of Construction of Certain Improvements: Mill and Overlay Project No. ST. 2007-2. William Burns, City Manager, stated the streets to be included in this project are portions of 61st Avenue and Seventh Street. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 4. Resolution Providing for the Issuance and Sale of a$1,910,000 General Obligation Improvement Bonds, Series 2007A, Pledging for the Security Thereof Special Assessments and Levying a Tax for the Payment Thereof. FRIDLEY CITY COUNCIL MEETING OF MAY 7, 2007 PAGE 3 William Burns, City Manager, stated nine proposals were submitted on May 7. Staff and Sid Inman from Ehlers and Associates are recommending the sale of the bonds to United Bankers Bank The interest rate for the repayment of the bond is 3.8029 percent over 10 years amounting to the sum of $471,552.22 to be repaid by general levy dollars and special assessments. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 5. Resolution in Support of an Application for a Minnesota Lawful Gambling Premise Permit for St. Paul Firefighters Local 21 Benefit Association, at Fridley Grill, LLC, d/b/a Pickle Park, Located at 7820 University Avenue N.E. (Ward 3). William Burns, City Manager, stated staff has contacted the Minnesota Lawful Gambling Control Board who indicated there were no compliance problems with this organization and no reason to recommend denial. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2007-27. 6. Motion to Approve Memorandum of Understanding Between the City of Fridley and Law Enforcement Labor Services, Inc., Local 119; and Motion to Approve Similar Increases to the Employer Contributions for All Other City Employee Groups. William Burns, City Manager, stated the 2007 general fund budget provided for a 10 percent reduction in the City's contribution to employee health insurance premiums. The reduction left all employees with a City contribution of 90 percent for single plan insurance costs and 70 percent for family plan insurance costs. At the same time, the contract for the police patrol provided for a contract reopening if there was a substantial change in health insurance premium cost for Fridley police officers. The City did not think that was a substantial change but the police officers did. As a result, the bargaining unit for the police patrol (the LELS) found that the 10 percent reduction in City contribution to health insurance premiums did constitute that substantial change in cost for the membership. Subsequently, the City went to mediation with LELS in March and April and arrived at the settlement that is before Council tonight. The settlement provides for a 93 percent City contribution to the single plan instead of a 90 percent contribution and a 73 percent contribution for family health insurance instead of a 70 percent contribution, beginning June 1. Dr. Burns stated for 2008, the City contribution for single health insurance coverage would rise to 95 percent for single coverage and be reduced to 70 percent for family coverage. The cost of the change in 2007 would be $3,700 for the patrol unit. Since Fridley has a long history of providing the same health insurance coverage for all employees, staff is recommending that the FRIDLEY CITY COUNCIL MEETING OF MAY 7, 2007 PAGE 4 2007-2008 police settlement be extended to all other City employees. The total 2007 cost to the City for both groups is $15,000. Staff recommends Council's approval. APPROVED. 7. Appointment — City Employees William Burns stated staff recommends the appointment of Derek Griggs to replace Gregg Salo as a Fridley police officer. Staff also recommends the appointment of Reggie Revier to the Public Services Worker — Streets, position created by the departure of Angie Taylor. Staff recommends Council's approval. APPOINTED DERRICK GRIGGS AS PATROL OFFICER AND REGGIE REVIER AS PUBLIC SERVICES WORKER — STREETS. 8. Claims (131492 - 131703) APPROVED. 9. Licenses. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. Councilmember Bolkcom asked that Items 3 and 4 be placed on the regular agenda. MOTION by Councilmember Barnette to approve the consent agenda as presented with the removal of Items 3 and 4. Seconded by Councilmember Varichak. 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 with the additions of Items 9A and 9B. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. NEW BUSINESS: 3. Resolution Receiving the Preliminary Plans, Specifications, and Feasibility Report and Calling for a Public Hearing on the Matter of Construction of Certain Improvements: Mill and Overlay Project No. ST. 2007-2. Councilmember Bolkcom asked if the document was available if she wanted to read it. FRIDLEY CITY COUNCIL MEETING OF MAY 7, 2007 PAGE 5 Jon Haukaas, Public Works Director, stated Council should have received it. It is a brief document laying out what the project is and identifying the streets involved. They will get into n more detail on that in the presentation at the public hearing. He could make copies for them. Councilmember Bolkcom asked for a copy. Councilmember Barnette asked Mr. Haukaas whether the people who are affected by this have been notified because there are some costs involved. Mr. Haukaas replied by Council setting a public hearing, letters will go out to all of those properties involved letting them know of the public hearing, giving them a brief explanation of the proj ect, and inviting them to the meeting in two weeks. MOTION by Councilmember Bolkcom to adopt Resolution No. 2007-25. Seconded by Councilmember Barnette, UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY 4. Resolution Providing for the Issuance and Sale of a$1,910,000 General Obligation Improvement Bonds, Series 2007A, Pledging for the Security Thereof Special Assessments and Levying a Tax for the Payment Thereof. Councilmember Bolkcom stated it was mentioned that last year the City was downgraded to an AA rating. She asked if this would put them in jeopardy of losing any more of the City's rating. Richard Pribyl, Finance Director, said they recently had their interview with Moody's and it lasted for approximately an hour. They did not see any change in the fiscal health of the City of Fridley since last year. One of the features that actually keeps the City strong is the unreserved, undesignated fund balance that the City has associated with the debt service fund. So as long as that remains intact, they still see the City as a fiscally sound municipality. Councilmember Bolkcom replied so in other words, the City has to be careful in how it keeps spending down its fund balances. Mr. Pribyl replied that is true and that is probably the single biggest issue the City has right now with maintaining the current rating. Mayor Lund stated the unreserved fund balances are very important for this rating. He asked at what level is the City using down its fund balances and how long before Moody's and its services are going to take issue with it. Mr. Pribyl replied, any change in the debt service unreserved undesignated fund balance will be viewed negatively. As far as the current annual use, the City is currently using approximately $500,000 per year of the utility fund balances, and those cash balances are a very large concern FRIDLEY CITY COUNCIL MEETING OF MAY 7, 2007 PAGE 6 to both Council and staf£ Those kinds of issues are in discussion within the budgeting process. It is difficult to come up with an answer as far as how long they will last in the future, but they have made some projections of seven to eight years before the City really is in financial straits. William Burns, City Manager, pointed out the City is probably using about $1.5 million to $2 million a year right now in reserves to balance the general fund budget. Mr. Pribyl replied that is true. Actually the transfers that the City actually moves from some of these other funds into the general fund amounts to about $1.5 million per year. Dr. Burns stated not all of it is an exact reduction in general fund balance because there is some regeneration of revenues, such as from the liquor fund, that is transferred over but the General Fund falls shorter fulfilling its own needs by $1.5 to $2 million. MOTION by Councilmember Bolkcom to adopt Resolution No. 2007-26. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM (VISITORS): No items presented. PUBLIC HEARING 10. Consideration of an Ordinance to Amend the City Code of the City of Fridley, Minnesota, by Making a Change in Zoning Districts (Rezoning Request, ZOA #07-01, by Barry Hoosline for Sam's Auto Parts, to Rezone the Properties Located at 7340 Central Avenue and 1240 — 73 1/2 Avenue From C-1, Local Business, to M-1, Light Industrial) (Ward 2). MOTION by Councilmember Barnette to open the public hearing. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING OPENED AT 8:02 P.M. Julie Jones, Planning Manager, stated this is a very complicated issue, so she will be talking about the rezoning request and the special use permit. There are multiple steps in approving the rezoning because it requires adopting an ordinance which involves the first and second reading. As far as the rezoning, Council is just holding the public hearing and they will not be taking action on this item. Because the special use permit requires the rezoning in order to approve that, the Council will likewise need to table that item and act on it later. FRIDLEY CITY COUNCIL MEETING OF MAY 7, 2007 PAGE 7 Ms. Jonas stated the petitioner is Barry Hoosline who is the owner of Sam's Auto Parts. Mr. Hoosline is seeking rezoning of his business to change the zoning of the parcel that is located on the corner of the four parcels involved at 7340 Central Avenue from G1, Local Business zoning, to M-1, Light Industrial zoning. He is also requesting a special use permit to allow his automobile recycling business to continue in an M-1 Light Industrial zoning district. It gets a bit confusing because the parcels are all addressed on different streets. She presented an aerial map of the site. She stated there is a building on the far east side which was formerly a gas station. There is a residential home close to 73rd which is now being used as storage on the site. There is another residential home building in the middle of the site that has been used for a number of years for the sales portion of the business. Ms. Jones stated the three parcels to the east are zoned M-1, Light Industrial. The corner piece that the rezoning is about is the 7330 Central Avenue lot. The petitioner must have this corner piece rezoned to M-1, Light Industrial, in order to qualify for the special use permit to continue his auto recycling business. G1, Local Business District, zoning does not have a special use permit to allow it to work in that zoning district. Ms. Jones said City records indicate that the Sam's Auto Parts business originated in the 1240 73 '/z parcel then expanded to the surrounding parcels. There were no applications to the City. Staff discovered the lack of the special use permit on that corner lot last year in reviewing records for the annual junkyard license renewal for the business. The City was looking into that because there were ongoing code enforcement cases with that site. Ms. Jones stated staff inet with the owner a couple of times, and the owner agreed to apply for the special use permit as well as the rezoning of the corner parcel. All four parcels are guided in the Comprehensive Plan or 2020 Comprehensive Plan for redevelopment. State statutes give the City authority to rezone in conformance with the City's Comprehensive Plan. The parcels involved in this business are double-frontage parcels. In this situation that causes these parcels to be better utilized. This is what was stated in the Comprehensive Plan, for a less intensive more building intensive development. The significant level of outdoor storage with auto recycling businesses were viewed as an inefficient land use and unsightly for such a busy intersection in the City. Allowing the continuance of this use is contrary to the Comprehensive Plan. Ms. Jones stated rezoning of the corner lot at 7340 Central Avenue, however, was not specifically addressed in the Comprehensive Plan. Staff does recommend that maintaining a G1 local business buffer between the automotive recycling use and the residential properties across Central Avenue is most appropriate. If you look at what is allowed in the City's G1 zoning, there are very different usages than an automotive recycling use. Ms. Jones stated as far as the special use permit request, the petitioner is also seeking a special use permit to continue the auto recycling center use. The M-1 Light Industrial zoning allows this use with a special use permit provided the petitioner meets certain requirements pertaining to drainage, pollution control, parking, screening. They also have to meet certain license requirements for an annual junkyard license in the City Code. FRIDLEY CITY COUNCIL MEETING OF MAY 7, 2007 PAGE 8 Ms. Jones stated the 1240 73 '/z Avenue parcel was granted a special use permit in 1975 to allow specifically the storage and sales of dismantled parts for antique and classic cars excluding any dismantling, operation, restoration, or baling on the premises. There was a lot of discussion on the Planning Commission level and City Council level about what would be allowed in the special use permit and very specific stipulations granted. In 1981 there is a memorandum in the City's file that states that it became void because the petitioner never came into compliance with the stipulations. However, she does not see any record of Council action for removing that special use permit. The corner parcel at 7340 Central Avenue was also granted a special use permit in 1987 for a landscaping business that was on the site that specifically allowed the exterior storage of landscaping materials and equipment. Most special use permits go with the land and transfer from one business to the next, but there was a stipulation on this one that stated it was not transferable to other businesses, and was only for this particular landscape business. Ms. Jones stated the petitioner plans to do some maj or redevelopment on the site, including installing curb and gutter to within five (5) feet of the property line on all sides and up to the buildings, so there would be a lot of paving on this site. They are also going to build a storm water pond in the southwest corner of the property. The site plans indicates they will remove three buildings west of the sales office and some of the fencing that is near those buildings. They are also supposed to install new landscaping around the pond on the site perimeter. Ms. Jones stated the site plan does not address several issues that staff is concerned about. One is the setback of some of the existing buildings on the site. The old gas station building is only 24.5 feet from the front property line, and setback requirements are 35 feet. The single-family house closest to 73rd Avenue is only 11 feet from the property line, and 35 feet is required. These discrepancies have occurred over time because of the taking of land for road widening. The existing parking area in the east side of the property is only 5 feet from the east property line. Code requires a setback of 20 feet, as well as all the other parking areas they are proposing on the 73rd Avenue side and the 73 '/z Avenue side. There is a rusted out metal shed next to the house closest to the corner which needs to be removed. Also, there are issues with outside storage. They would need to situate their storage on the site so it is out of view when the gate is opened. The storage of junk vehicles outside the fence is chronically a problem. Other concerns that staff have include soil contamination at the site which needs to be investigated. It is a little unclear to the City whether they are meeting the landscaping requirements because their survey did not indicate where the existing trees are. There is also mention in their plan about correcting a long-standing water connection problem. As she understands it they have the water sewer lines to the house run through the garage and that is not acceptable according to current standards. Ms. Jones stated at the Planning Commission public hearing on April 18, legal counsel for the petitioner indicated the petitioner would like to pursue the special use permit on the remaining three parcels even if the City Council votes to deny the rezoning request. They have stated they are willing to revise their site plan to meet all of the City Code requirements staff has brought to their attention. They have also indicated they would move forward with their variance request on the fence height, to stay at the 10-feet height which is what most of the fencing is at currently. Ms. Jones stated the Planning Commission did recommend approval of both the rezoning and the special use permit application on a 4 to 3 vote. Staff, however, continues to recommend FRIDLEY CITY COUNCIL MEETING OF MAY 7, 2007 PAGE 9 denial of Rezoning Request, ZOA #07-01, to rezone 7340 Central Avenue from G1, Local Business, to M-1, Light Industrial, for the following reasons: (1) The proposed rezoning is not consistent with the Comprehensive Plan; (2) The proposed rezoning would negatively impact residential properties across Central Avenue. (3) Double frontage parcel does not allow adequate screening of an outdoor industrial use of this kind. Ms. Jones stated staff further recommends denial of Special Use Permit Request, ZOA #07-01, to allow an automobile recycling center in an M-1 zoning district, for the following reasons: (1) The proposed site plan does not meet code-required curbing, paving, or building setbacks on any of the four parcels involved. (2) The proposed site plan does not include plans to remove all substandard buildings on the site. (3) The proposed site plan does not include plans to remove fence height or setback nonconformities or a variance request. Ms. Jones said staff recommends that if either of these land use requests are granted, that the following seventeen stipulations be attached as conditions to such approval. 1. Property owner conduct soil testing and provide City and other applicable government authorities proof of clean soils prior to installation of any new impervious surface on any of the parcels involved in the approved application. 2. Once Petitioner owns all of the property used for his business, owner shall file necessary documents with Anoka County to combine the parcels for tax purposes. 3. The single family home, garage, and numerous accessory buildings in disrepair at 1240 73 '/z Avenue and 7340 Central Avenue be removed. 4. Petitioner to obtain approval of grading and drainage plan from the watershed district. 5. Petitioner to obtain any necessary approvals to operate an auto recycling center from the appropriate governmental authorities. 6. Petitioner to obtain all necessary permits prior to construction. 7. Site Plan needs to be adjusted to provide code required curbing/paving installation setbacks. 8. Petitioner to meet all building and fire code requirements. 9. City Engineering staff to review and approve final grading and drainage plan prior to issuance of permits. FRIDLEY CITY COUNCIL MEETING OF MAY 7, 2007 PAGE 10 10. Storm pond maintenance agreement must be filed prior to issuance of land alteration permit. 11. Petitioner shall obtain any required NPDES Permit and provide N URP ponding for entire site. 12. Final landscape plan to be reviewed and approved by City Staff prior to issuance of land alteration permit. 13. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 14. Property owner of record at time of land alteration to correct any deficiencies in the water and sewer connections to the buildings on site. 15. Secondary access curb cuts and gates in fence on Lot 16 and 17 on 73 '/z Avenue must be removed as part of redesigned site plan. 16. Any business signs that are not approved currently by a sign permit must be removed from the site until a permit is obtained. 17. Petitioner to reduce screening fence height to 8' or obtain variance. Because so much is involved in redeveloping this site, staff recommends that Council set a time limit schedule for key phases for the redevelopment to insure timely progress. Ms. Jones stated if Council decides to deny the petitioner's request for a rezoning and special use permit, the business must be removed. It would not be allowed as it is currently on this site and staff is recommending allowing the petitioner one year to vacate the site. Staff would further recommend that the following nine conditions for discontinuance be considered: Remove all business signage within one year 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 and hazardous materials from the premises. 4. Removal and sweeping of soil from the paved surfaces at each entrance to the site. Removal of all fence sections and posts. 6. Removal of any buildings which do not meet State Building Code requirements or Fridley Zoning requirements. 7. Removal of any equipment or racking. FRIDLEY CITY COUNCIL MEETING OF MAY 7, 2007 PAGE 11 8. Removal of all material and litter in the public right of way around the site. 9. All disturbed soil must be graded and landscaped (lay sod or seed) to assure soil is stabilized to resist wind and water erosion. Ms. Jones stated there is no action necessary tonight on the rezoning. This is simply a public hearing. There is an ordinance that needs to be heard for first and second reading. The first reading will be May 21, and the second reading is scheduled for June 11. Staff suggests they table the consideration of the special use permit request to June 11 so that it coincides with the rezoning request timeline. Councilmember Bolkcom asked about the 60-day requirement. Ms. Jones said they do need to request an e�tension on the 60-day requirement. Councilmember Bolkcom asked if it was mentioned in the Comprehensive Plan. Ms. Jones replied the area is specifically mentioned in the Comprehensive Plan. Councilmember Bolkcom asked about the traffic and other issues. Ms. Jones said this area has been an area where there are a lot of noise complaints. Councilmember Bolkcom asked if the City could make it part of the rezoning, limiting the hours of crushing? Ms. Jones replied the City does have pretty good restrictions in our noise code as it stands now. She thinks the City would be hard pressed to put restrictions on this particular automotive recycling business if they did not do it for others in the area. Fritz Knaak, City Attorney, stated the City could put restrictions that do affect a specific parcel if there are peculiar things about the nature of this parcel that require additional kinds of things for health and safety. The double frontage for example might be a factor that would require some additional restrictions that might not otherwise be necessary. The City is allowed to individualize it to some extent. Councilmember Bolkcom asked about the fence issues. Ms. Jones stated she would recommend a uniform fence. It is not one of the stipulations. The commercial code is 8 foot maximum. Where that becomes critical is the Code often states they cannot store anything any higher than two feet below that fence height. Going up an extra 2 feet is a very big impact to this business, so that means they can have storage up to 8 feet high on this site. FRIDLEY CITY COUNCIL MEETING OF MAY 7, 2007 PAGE 12 Councilmember Bolkcom asked whether they have any other areas like this where they would have allowed this as far as the same setback issues. Ms. Jones replied she cannot think of anything at the moment. Councilmember Bolkcom asked if there is anything they could do rather than tear down some of the properties. Ms. Jones replied, no, in the case of the house having the 5-foot setback, she thinks that would be gone. It is not that big and the garage door is a concrete block building, it is not like you can just tear down part of the building and leave 10 feet. Councilmember Bolkcom stated she knows the number of the stipulations to be an issue but also the business has been there a long time. Councilmember Saefke asked how long this has been a recycling junkyard. Ms. Jones replied, the petitioner purchased the business 17 '/z years ago. In 1979 there is a record of it being referred to as a junked car storage area. Giddings was the person who started the business. This is where it got its name and he bought it in 1981. Councilmember Saefke stated he can recall it has been a recycle center junkyard since he can remember and before that he thought it was Nowick Motors which was a bus company. Councilmember Bolkcom asked what happened with the previous special use permit. Ms. Jones replied that was for the 1240 73 '/z Avenue parcel. There were several letters that went out after that trying to get them to comply with the stipulations of that special use permit. The owner was to apply for a new one but she could not locate a record showing he had done so. The special use permit was only for the sale of the parts, not dismantling there. Councilmember Saefke asked as part of the stipulations, soil contamination issues, he knows there is a municipal well close on 73 '/z and Highway 65. He asked if the property owner would have to clean up any contaminated soil. Ms. Jones replied, yes, that would be their responsibility. Mayor Lund asked how the residential property became M-1. Ms. Jones said it was rezoned in 1975. At the same time the special use permit was issued. So that had been G1 zoning. In fact when they originally met with Mr. Hoosline, it was shown still on the Zoning Map as being zoned G1. It was not until they got his application and dug into the records further they found out that it had not been properly reflected on the zoning map. It is interesting that Council rezoned it to M-1, Light Industrial, but yet at the same time with the special use permit application, it was very specific to its meaning of being a commercial use. As far as it only being allowed to sell parts, that is what occurred after 1975. FRIDLEY CITY COUNCIL MEETING OF MAY 7, 2007 PAGE 13 Lawrence Morofsky, Attorney for Petitioner, stated his client became aware of this problem approximately one and one-half years ago. From the information he received today from staff, February 2006 was when staff found out there was a problem with the special use permit for the property. Staff had been out because of some problem with tires being above the fence line. At that point of time his client was in the process of removing them. Staff indicated that needed to be done even prior to their inspection. Attorney Morofsky stated Mr. Hoosline acquired this business in 1990. He was not aware of it then and he was not represented by counsel. He bought the business from Sam. He said with respect to the parcel they would like rezoned, it is across the street from a residential piece. That is also across from another M-1 piece and kitty corner from them, and directly across the residential piece is M-2. Not only that, from looking at the properties in the residential area, it appears they are newer and they were built knowing what was across the street. Attorney Morofsky stated he looked at the Comprehensive Plan for 2020. This area designed for redevelopment is not in the 2020 plan. While it is designed for redevelopment, it does not say to what use. It just says, "redevelopment." That could be industrial, could be commercial. This would not necessarily be adversarial to the 2020 plan. He received information from somebody that the fence was installed at the request of the City to hide what was going on behind there. He said at this point in time, Mr. Hoosline desires to make this site more compliant with the City. The City, looking at the agenda item cover sheet, indicates the option to deny rezoning of this particular piece. That would not take care of the City's non-conformance issues. The house, which is probably grandfathered, and the service station, would probably stay. So those problems would remain. Mr. Hoosline is still looking to keep the special use permit on the balance of the property if the City does not rezone this parcel. He is still willing to go ahead. Attorney Morofsky stated if they do not rezone that piece, it is going to be 453 square feet short no matter what they do or who goes in there and it is going to require a variance. With respect to Option No.2, which is to grant those, they understand the City's concern about what occurs there. He has talked with Mr. Hoosline about the timelines, and he is willing to commit to do what he can. He does not think there should be absolute timelines because natural events may occur which may prevent them from happening. However, if the City wants to adopt these guidelines, it should do so and direct staff to enforce it and if there were a problem, bring it to Council. Attorney Morofsky said with respect to Option No. 3, to deny both, his client would have to close his business. The City would still have non-compliance issues with respect to the setbacks. His client is proposing that the house be torn down. With respect to the gas station, they would like to use it but, if they do not want them to use it, he would probably either apply for a variance on the setback or discontinue using it. Attorney Morofsky stated regarding the screening with the 10-foot fence, Mr. Hoosline would comply with the existing City ordinance of an 8-foot fence around his property. If they wanted him to go with 10 feet, that would require a variance, and he would be obligated to make an application. The City would have the final decision on that. Otherwise, he would settle for the FRIDLEY CITY COUNCIL MEETING OF MAY 7, 2007 PAGE 14 8-foot fence according to the ordinance. He notes that the ordinance, with respect to zoning on junkyards, requires an 8-foot or higher fence. Attorney Morofsky stated regarding the land use application, in the Summary of the Proj ect, it indicates they are seeking a rezoning to M-2. Also, they have indicated that as far as landscaping and building they would take care of it, and would meet the parking requirements. Attorney Morofsky stated regarding "Site plan does not provide sufficient storm water runoff quality protections," staff's report indicates that the preliminary grading shows plans to install a storm water pond in the southwest corner of the most westerly lot. The pond design appears to be sufficient according to City staff. Code will require further review of the detailed plans. He would point out it appears to be somewhat contradictory to the concept that the site plan does not provide sufficient storm water runoff quality protections. With respect to the noise problem, he asked staff about that the other day; and they indicated to him that there was no indication as to which of the three auto recycling yards that problem was attributable to. Attorney Morofsky stated they have no problem in limiting crushing to Monday through Friday, 8 a.m. to 5 p.m. They do not crush all the time, and that is extremely limited and there has to be a large number of vehicles in order to justify crushing. He said there is a crusher on site, but they would limit that time and keep the noise at a minimum. With respect to ongoing code enforcement, there was a notation in the staff presentation about this. He asked the staff to send him the code enforcement since 1999 when he thinks it was available. Staff indicated high grass and weeds on property, eliminated after first notice and prior to second inspection. Regarding inoperable cars parked on outside of the fence and parked on the street overnight, people leave these vehicles out there on the street. Those are cars that are just abandoned. If they were not abandoned on this property, they would be abandoned somewhere else, possibly in the City. They have to be dealt with. They all know that they are not the most attractive things in the world and not every City wants them. However, they serve a purpose which is to provide those types of things to some of our citizens who need parts and cannot afford to go to an auto dealer to pay the high prices. They can usually get them here. They recycle the parts and also crush those vehicles and the metal is reused in new vehicles. Attorney Morofsky stated as far as the 17 stipulations, they have reviewed them and they will do what they need to in order to comply. As far as the water and sewer connections problem, if they tear down the house that eliminates that problem. The steel shed is already gone. They desire to work with the City to get it taken care of. Staff indicated this type of property is in high demand. He thinks being double frontage causes the problem and does not lead to a higher price. He asked where the buyers were. He said they would be happy if somebody came in and offered them a price for the land that met that type of criteria. It is not there at this point in time. He encourages Council to rezone the current G1 piece to M-1. Assuming that they are agreeable to doing that, they would of course agree to continue the special use permit request until the final reading of the ordinance. Councilmember Bolkcom asked if he knew when the houses across the street were built. Attorney Morofsky replied he did not know, but they looked like they were built post-1980. FRIDLEY CITY COUNCIL MEETING OF MAY 7, 2007 PAGE 15 Mr. Hickok stated there is a house a little to the north that is 40's vintage home. Working the way down to the corner, they are 1970's vintage properties. Councilmember Bolkcom stated with respect to the comment Attorney Morofsky made regarding the pond, her understanding from reading the staff report is that there needs to be more because Watershed requires very detailed plans and actually usually defer to them. Councilmember Bolkcom asked Attorney Morofsky what he meant by saying his client would do what he can. Attorney Morofsky said they have looked at the 17 stipulations and are comfortable in doing the list. Councilmember Bolkcom asked about the timeline that staff recommended. Attorney Morofsky stated he went through that with Mr. Hoosline and he is comfortable. That is a four-year vs. the five-year they gave Central. Ultimately, he does not want a letter from staff saying "you failed." He would like it to come to Council and have that decision made by Council which he thinks is appropriate. Councilmember Bolkcom stated she thinks she heard from the City Attorney that they do have a little more latitude because this is a rezoning. Attorney Morofsky said his client is comfortable with the conditions and proceeding in accordance with the recommendations. They understand Councilmember Saefke's concern with respect to pollution. His client has been diligent in trying to drain everything before it goes out into the yard. He is putting down Class V everywhere to protect the groundwater. He has spent as much as he can and he is reasonably comfortable without doing a substantial amount of testing that there is no pollution. There may be pockets, but he still does not believe there is an expensive, extensive area to clear. If that comes up, they are going to be letting staff know and quite honestly, if it costs do get too high, they may just have to pull out. Councilmember Saefke stated his concern is that with the recycling being down there prior to 17 '/z years ago the soils may have been contaminated before Mr. Hoosline bought it. It is his understanding when you buy the property, you buy the headache. He just wanted to make sure that everybody is aware that it may not be a cheap thing. Attorney Morofsky stated he would put out that no matter what they do, whether they go ahead with this or whether they abandon that property, the headache is still there and would still come back to them. Councilmember Saefke replied he understands that except with this rezoning and special use permit, it is part of the stipulations now so they are being forced into it earlier than later. Councilmember Bolkcom asked the crushing hours in the ordinance are. FRIDLEY CITY COUNCIL MEETING OF MAY 7, 2007 PAGE 16 Mr. Hickok replied they are 9 a.m. to 6 p.m. on Saturdays, and 7 a.m. to 6 p.m. during the week. Councilmember Bolkcom asked if it would be a big deal to tear the gas station down. A lot of the headaches go away if the gas station is torn down because of the setbacks and the sewer and water connection and with the 8-foot fence. Attorney Morofsky stated staff indicates that having the station is a buffer to the residential. If they tear down that, then they do have the 8-foot fence there. If they do not tear it down, at least it looks like part of 8-foot to the building and then around the building. He asked Mr. Hoosline. Mr. Hoosline stated the corner building he does not have a problem with. Councilmember Bolkcom asked what it is used for. Mr. Hoosline said it is an office. Councilmember Bolkcom asked if his office was in the gas station. Mr. Hoosline said it was in the house on the corner. Attorney Morofsky stated the gas station is used for working on cars. That is the building they use to drain the cars. Mayor Lund referred to the stipulation that said Mr. Hoosline would agree to removing all the buildings. What he is hearing is they are agreeable to the stipulations but they would still like some latitude as far as leaving the garage and removing the house. Mr. Hoosline replied he is okay with removing the building, they just have to figure out where they are going to drain the cars. Mayor Lund asked if there are two houses, one on the corner and then one that he is operating the office out of. Attorney Morofsky replied the house on the corner is where the computers and the office are. The garage is where they do the dismantling, Mayor Lund asked what the structure just east of the house is. Mr. Hoosline replied that is just a garage they use for storage. He believed they used it for the house. Councilmember Bolkcom asked where the Police Department towed vehicles. William Burns, City Manager, said that Shorty's does the City's towing. FRIDLEY CITY COUNCIL MEETING OF MAY 7, 2007 PAGE 17 Councilmember Bolkcom asked where Shorty's towed them. Attorney Morofsky replied from Shorty's they come to us. Mayor Lund stated or Central Auto Parts. Attorney Morofsky said if you remove all of these auto recyclers, which is what is in the Comprehensive Plan, where are the cars going to go? Councilmember Bolkcom asked Attorney Morofsky about his comment regarding the 60-day rule. Attorney Morofsky replied if the City grants the rezoning, they would have no objection to the extension of the 60-day rule with respect to the special use permit so it could be heard at the same time. They would need petitioner's consent to the extension and, if the rezoning is granted, they would have no obj ection. Councilmember Bolkcom asked Attorney Knaak if that was true. Attorney Knaak replied he thinks since it would be a first renewal, the City can do that on its own initiative as long as it provides written notification and its reason for doing so and it has done that in the past. Attorney Morofsky replied they waive that and do that right now and the City would not have to provide the written notice. Attorney Knaak stated the written notice would have to be provided and after 120 days then they would make a decision or get a waiver. Mayor Lund stated they have done that in the past. A customer of Sam's spoke and said he had been a customer since they moved to Fridley. He commented on the setback of the gas station being caused by the widening of the street. Regarding the concern about the pollution factor, it was the City's fault in putting in a well near a place they know has pollution. Councilmember Saefke stated he has worked with the Water Department since about 1971, and that well was placed there about 1970, along with several others. When he first started in Water, pollution was not a big deal. At the time no one was too terribly concerned about water contamination, especially from the well because they figured that soils took care of everything. Through his career it went from simple testing for chlorine to bacteria testing and now they are doing the VOC's (volatile organic compounds) and that did not become a problem until someone was able to measure things from parts per million, to parts per billion, and now measuring parts per trillion. VOC's were not really recognized as a pollution problem until about 1982. FRIDLEY CITY COUNCIL MEETING OF MAY 7, 2007 PAGE 18 Mayor Lund stated this was supposed to be an antique car parts business. Not crushing and draining of fluids. The business has expanded over the years. They are here to try and resolve problems that have developed over the years. Randy Hoffa, 7325 Central Avenue, stated his bedroom actually overlooks the site. A 16-foot fence would not help him from his window. The sound mentioned is completely bogus. He designs tiny models, he has arthritis, and when the weather is bad he has to take a nap. He has never been awakened from the sounds of Sam's operation even in the daytime. If they could do something about motorcycles and MTC buses he would love it. However, Sam's operation has not been a problem. The vehicles that are dumped there sometimes at night, they clean them up right away and they do not stay there. Frequently when they have the car crushing deals with the big trucks downtown or wherever, you will see those vehicles appear overnight - a bunch of crushed vehicles, and they clean them up immediately. In 18 months he has not seen any problem with their operation. He asked how deep the "1240" parcel was. Relative to the length of the half block, it does not appear it is very deep. He doubts very much you could put in any kind of G 1 business into that space without more than a problem they are already having with the setback of the old station building. He ran a business in Fridley for 25 years, and he has been through all this kind of stuf£ He was up in the industrial park on Main Street in the 79th area. Obviously this is a problem to find out a way to logically resolve it. To him it does not make sense that they do not allow the G 1 to change to conform with the rest of the property and go ahead and let him do what he needs to do to clean up and organize his business so it runs in an efficient fashion and, of course, resolves the problem. He asked the City to be careful and do due diligence on exactly what they have in front of them. Councilmember Bolkcom asked Mr. Hoffa if he was sitting in his backyard if he would he be able to see anything. Mr. Hoffa replied, no, you would not see anything at all. He never recognized the crusher running and has never had a problem. Mayor Lund asked about the parking for customers. That was an issue with the other salvage yard. They basically have to park on the street. He does not know if that has been addressed too. He thinks that every business should have some parking for their customers as well. He also suggested the petitioner may want to talk with the Fridley HRA. They looked at these properties four or five years ago. Mayor Lund stated he is a little bit concerned about the parking for customers. He thinks the fence issue might be something they have to look at. The fence is not that old. He knows Mr. Hoosline has made a number of attempts to address a lot of code violations or issues. He does not know why a building permit was not required for installing the fence, but identifying where the fence should go and a considerable amount of that fence is on the easement, the right- of-way, and not really on the petitioner's property. He certainly does not want to make things harder on the petitioner than what is before him. A lot of these issues have been just growing for a number of years. He said he is not so concerned about the gas station remaining because it has been there for a very long time. He would like to see it just painted and fixed up. The setbacks are probably because of the widening of the road or the City increased the setbacks after FRIDLEY CITY COUNCIL MEETING OF MAY 7, 2007 PAGE 19 the garage was built. He thinks the timeline should prevail, whether four or five years, and it is important to establish. There is a considerable amount of time here, although a considerable amount of expense, but he would like to see things done in a timely fashion. He is not really sold on the rezoning because. Maybe that property should be used for parking because there really is not much parking to get to the office now. Attorney Morofsky replied if the gas station building is used for dismantling inside, obviously there would be room for parking outside. In redoing the site plan as staff has required and suggested, because there are problems with it, they could adjust the parking interior and in doing so they are going to have to put asphalt down. To put the asphalt down, they are going to have to move the existing interior fencing. They can provide for parking interior as well as the revised fencing inside which may provide screening. What is going on is the father gates are open so that people can drive in, they can park, and at night they can basically double seal the area or at least any opening into the yard so that it will not be visible as you are walking or driving down the street. With respect to painting the gas station and putting up a fence against it so that it is consistent with the rest of the property, he is assuming eight feet all the way around, would give a nice appearance. Having the building there breaks up the fence. If you rezone or do not rezone that piece, neither of the buildings go away. The landscaping business did not take off, and there does not appear to be a high demand for the small grocery store or that type of use in the area. It could sit vacant for a number of years which may be more of an eyesore than the existing building. Mayor Lund stated he does not recall a landscaping business ever being there. There may have been rezoning for it but he does not ever remember it, and his business has been right down the street for 34 years. Even if they left it at G1, it is non-conforming because it is lacking about 453 square feet of minimal square feet. Mr. Hoosline is purchasing all of those properties and maybe from different landowners. He is wondering if that has been thought of as taking 453 feet away from the M-1 and putting towards the G1 so he has a conforming lot. It does minimize his space, and he does not think his space is overly big now, and it looks pretty crowded as it is. That property may sit for a while as a G1 for a particular use because it is relatively small. Attorney Morofsky stated he did not want to put words in Mr. Hoosline's mouth but in all probability if he did not get rezoning of that parcel, he would have no use for it. Therefore, he would just give it back to the owner who he is buying it from, let them take it back. Why should he take 453 feet of his M-1 property which has a higher use and maybe more valuable to give it to the G1 owner without consideration. He thinks there are already problems with the setback. It really restricts your building pad. Councilmember Barnette asked what happened to the salvage yards that were located along Bunker Lake Boulevard in Andover. Mr. Hoosline stated they were bought. Councilmember Bolkcom asked about the cause of the road expanding. FRIDLEY CITY COUNCIL MEETING OF MAY 7, 2007 PAGE 20 Mr. Hickok stated as part of the landscaping business, previous staff had asked that the boulevard be landscaped because there was a lack of it. Sadly that landscaping disappeared when the roadway was widened. There was reduction in the amount of setback based on a widening of the county roadway. Ms. Jones stated they really only need not even a full three feet to make this a conforming lot. So it is not a lot of space they are short. Mayor Lund asked if she was talking about the three feet to the west. Attorney Morofsky stated that would take care of the 453 square foot problem, but it would not take care of the 24 '/z foot setback problem. Councilmember Bolkcom said, correct, and she is just saying to take it down. They would then have a little more latitude with the rezoning. Their goal is always having things within the setbacks and having conforming property. Mr. Hickok asked Mr. Hoosline whether he opens the garage door and puts vehicles in the garage on Old Central to drain them. Mr. Hoosline replied, yes. Mr. Hickok asked so he does use the overhead door on it. He has never seen the garage door open on it at all. He did not realize it functions as a garage on this site. He thought the access for that was from inside the fence. Attorney Morofsky stated the garage door opens from the yard side, not the Central side. Mr. Hoosline stated they never open the garage door on Central Avenue. Mayor Lund asked Mr. Hoosline how long he is going to continue with the operation and if he is going to want to invest money into this. MOTION by Councilmember Varichak to close the public hearing. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING CLOSED AT 9:47 P.M. Mayor Lund called for a motion to extend the 60-day rule. Attorney Knaak stated the application that is referred to, the 1599, was the 60-day statute, talks about applications related to zoning. It is kind of a fine question whether the legislative enactment, the rezoning, is actually that sort of application. However, in the language of the statute, the best practice would be to include the rezoning application as part of that application. So both items would require an extension of the 60-day rule. FRIDLEY CITY COUNCIL MEETING OF MAY 7, 2007 PAGE 21 NEW BUSINESS: 11. Special Use Permit Request, SP #07-01, by Barry Hoosline for Sam's Auto Parts, to Allow an Auto Recycling Center in an M-1, Light Industrial Zoning District, Generally Located at 7340 Central Avenue and 1240 — 73 1/2 Avenue (Ward 2). MOTION by Councilmember Varichak to table the consideration of Special Use Permit Request, SP #07-01 by Barry Hoosline, in order to ascertain the necessary information to fully examine and study the request and to extend the period for City Council action an additional 60 days and to notify the petitioner in writing of the 60-day extension as soon as possible. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Varichak to extend the period for the consideration of the ordinance to amend the City Code of the City of Fridley, Minnesota, by changing zoning districts (Rezoning Request ZOA #07-01, by Barry Hoosline for Sam's Auto Parts) and extending the period of time for the City Council action an additional 60 days and to notify the petitioner in writing of the 60-day extension as soon as possible. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Bolkcom asked when this will be coming back. Julie Jones, Planning Manager, replied the first reading of the ordinance will be on May 21. NEW BUSINESS: 12. Preliminary Plat Request, PS #07-03, by Richard Carlson for Park Construction, to Replat Multiple Parcels to Create Two Lots, Generally Located at 30 - 81st Avenue N.E. (Ward 3). Mr. Hickok stated this is a vacation request and a plat request. The petitioner is seeking to vacate portions of Ely Street, Liberty Street, and Longfellow. This pie-shaped area next to the railroad tracks is made up of many small parcels. Over the years many of the lots have gone tax forfeit and the Carlson family has acquired them. As they were required to in 2004, Mr. Carlson received preliminary plat approval for the northern lot and formed them into one lot. This allowed Park Construction to develop the property by constructing an office warehouse building. In 2004 Mr. Carlson also received approval to vacate the streets and alleys that were encompassed in Lot 1. At that time Mr. Carlson formed the majority of the parcels, and they were in the process of obtaining the remaining parcels from the Metro Waste Commission and also a private party. The City Council approved the preliminary plat and vacation on August 23, 2004. FRIDLEY CITY COUNCIL MEETING OF MAY 7, 2007 PAGE 22 Mr. Hickok stated in early 2005, Mr. Carlson informed staff they had purchased the remaining lots from the private party and Metro Waste Commission and all of the people were interested in selling their lots. Purchasing lots from Metro Waste Commission would, however, take some time and the Commission had to first get the lots appraised and then they would put them up for sale. Since Mr. Carlson was so close to obtaining the remaining lots within the pie-shaped area, staff advised Mr. Carlson just to hold off in pursuing the final plat for that northern portion lot until he had ownership of all the property and could take that entire pie-shape piece and plat it. At that time Mr. Carlson would then also be able to request a vacation for the remaining streets and alleys. Mr. Hickok stated at the end of 2006, Mr. Carlson contacted staff to say the transactions of the purchases of the lots were finally taken care of. As a result he was requesting that the current preliminary plat request for Lots 1 and 2 of Park Shop and the corresponding street and alley vacations take place. The streets or alleyways could not be connected through because of the railroad tracks to the west and the private property located to the east. Current Public Works staff has indicated there is no longer any reason to keep the right-of-ways since the neighboring properties are not involved. Mr. Hickok stated a public hearing was held for the Preliminary Plat Request, PS #07-03 and Vacation Request, SAV #07-01 on April 18, 2007. The Planning Commission unanimously recommended approval of both requests with four stipulations. Staff recommends concurrence with the Planning Commission and recommends approval of the proposed streets and alley vacations and preliminary plat with the following four stipulations: 1. Utility easements as required by the Metropolitan Council to be shown and dedicated on final plat. 2. All parking and drive areas to be paved per city Code requirements, except for the area for tracked vehicle parking that was approved with VAR #04-11. 3. If outdoor storage continues to be part of the use on Lot 2, landscaping shall be required along those property liens abutting public right-of-ways. Landscape plan to be submitted and approved by City staff prior to installation. 4. If the petitioner plans to utilize Lot 2 for their business through the use of outdoor storage and without a principal structure, the final plat should show one lot instead of two. Mr. Hickok stated if the Carlsons are choosing to use the southern portion of the site only for outdoor storage, then staff suggests that they combine Lots 1 and 2 and make it all one parcel so they have a principal use and then the ancillary or accessory use of outdoor storage can happen. If they plan to build another building on the southern lot, then they should keep the two lots. If they choose to use the southern portion as outdoor storage, then they would need to do the hard surface drive that they talked about in the stipulations and they would need to combine it so they have a principal use with the outdoor storage as well. Mayor Lund asked whether they are going to be making changes to the pie-shaped parcel. FRIDLEY CITY COUNCIL MEETING OF MAY 7, 2007 PAGE 23 Richard Carlson, petitioner, stated he believed that they are going to be coming to the Planning Commission and ask them to put in an approximately 104' x 60' cold storage building to bring a lot of the unsightly material indoors. That would go on possibly part of Lot 2. It really makes no difference. The reason why he wanted to make two lots is they have access from the south end. If some time it got to where they can resolve it, he could split it and have two lots, a north lot for the shop building and the south lot for future use. They still want to put another cold storage building on the site. Mr. Hickok replied as long as it meets setbacks that is fine. Mr. Carlson stated it is an inexpensive building just for bringing in things from all over the property and keeping the site a little bit neater. Mayor Lund asked if staff would recommend one lot. Mr. Hickok replied as long as they keep the second building clear of the property line so it does not cross over, they could do it either way. Their only concern was if there was not another building going up and it was only outdoor storage on the southern lot, they want to make sure there is a principal use there. One lot does work better as long as it is all Park Construction. At some point they decide to divide it off and sell the southern half and the northern half, as long as they position the building right, and meet the minimum standards for subdivision, that is a pretty clean request. Mayor Lund asked Mr. Carlson if he understood if they stipulate for one lot only, where he places that building can kind of adversely affect it if he wants to split it in the future. Mr. Carlson replied the southern half is very limited because it comes at a very narrow angle and it has easements over almost the entire portion of the very southern lot. You cannot put anything in there. Metro Sewer, Northern States Power, and Xcel have easements through there. So it is only good for anybody for outdoor storage. Councilmember Bolkcom asked Mr. Hickok if he suggests they leave Stipulation No. 4 as it is written. Mr. Hickok replied as long as they intend to do what Mr. Carlson recommends, that is fine. If they are going to leave it all as storage, they would suggest they go with it as one lot so that is the principal lot. It is really up to them at this point. They can decide between now and the final plat. Mayor Lund stated that is assuming there is no problem with the storage building. William Burns, City Manager, asked if staff had considered the gas line that will be built through there within next year and if it complicates things at all. FRIDLEY CITY COUNCIL MEETING OF MAY 7, 2007 PAGE 24 Mr. Hickok said he and Mr. Carlson had talked about it. He thinks the Carlsons have already planned on how they would use the site, allowing that pipeline. Mr. Carlson stated when they got approval to build that building on the north half, they had certain requirements to do landscaping. They did landscape along the railroad right away on the north half. However, in meeting with staff, he said it really does not make sense to spend a lot of money doing the south half because this 20-inch high pressure main is going to go right through there and disturb everything. When it is done, Park has a reputation with the City of Fridley, and it will do something that is appropriate and look good. He thinks their history has shown they have done that. Mayor Lund asked Mr. Carlson whether he has any problems with the stipulations as they are presented. Mr. Carlson said with respect to Stipulation No. 3, there is only one property line which is on the railroad track, and, as he said, there is a gas main coming through there. He said they will work with the City and put appropriate landscaping in there after the gas main is done. He thought that was going to be done last year. Dr. Burns stated some of it will be done this year but he believed Mr. Carlson's part of it will be done next year. Mr. Carlson stated the majority of the south half of Lot 2 can only be used for outdoor storage. It is all under an easement. In fact he presented a letter to staff from Xcel saying they cannot even store anything on the easement that is there because they want to be able to come in if there is a main break So they can put cars or trucks there and move them out immediately if that is the case. The letter stated they can store anything temporarily on that area. He wants to work with the City and he does not want to deprive Park the possibility of selling the south half later. If they can do one lot and divide it later they can do it later. Mayor Lund stated quite frankly he likes the idea of one lot. Mayor Lund said regarding Stipulation No. 3, he would like to add some verbiage stating the landscaping shall be done after the completion of the gas main that is going through. MOTION by Mayor Lund to approve Preliminary Plat Request, PS #07-03, by Richard Carlson for Park Construction, with the following four stipulations: 1. Utility easements as required by the Metropolitan Council to be shown and dedicated on final plat. 2. All parking and drive areas to be paved per city Code requirements, except for the area for tracked vehicle parking that was approved with VAR #04-11. FRIDLEY CITY COUNCIL MEETING OF MAY 7, 2007 PAGE 25 3. If outdoor storage continues to be part of the use on Lot 2, landscaping shall be required along those property liens abutting public right-of-ways. Landscape plan to be submitted and approved by City staff prior to installation. 4. If the petitioner plans to utilize Lot 2 for their business through the use of outdoor storage and without a principal structure, the final plat should show one lot instead of two. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Mayor Lund to amend the Stipulations to read as follows: 1. Utility easements as required by the Metropolitan Council to be shown and dedicated on final plat. 2. All parking and drive areas to be paved per city Code requirements, except for the area for tracked vehicle parking that was approved with VAR #04-11. 3. If outdoor storage continues to be part of the use on Lot 2, landscaping shall be required along those property liens abutting public right-of-ways. Landscape plan to be submitted and approved by City staff prior to installation. Landscaping to be completed 12 months after the installation of CenterPoint Energy's 20-inch high pressure gas main in cooperation with the City. 4. If the petitioner plans to utilize Lot 2 for their business through the use of outdoor storage and without a principal structure, the final plat shall be one lot. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADJOURN. MOTION by Councilmember Barnette, seconded by Councilmember Varichak, to adjourn. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MEETING ADJOURNED AT 10:22 P.M. Respectfully submitted by, Denise M. Johnson Scott Lund Recording Secretary Mayor CITY OF FRIDLEY PLANNING COMMISSION MEETING MAY 2, 2007 CALL TO ORDER: Chairperson Savage called the regular meeting of the Planning Commission to order at 7:30 pm. MEMBERS PRESENT: Brad Dunham, Leroy Oquist, Diane Savage, David Kondrick, Larry Kuechle, Jack Velin MEMBERS ABSENT: Dean Saba OTHERS PRESENT: Stacy Stromberg, City Planner Bruce Westman, 17758 Palm Street, Andover APPROVE OF MINUTES: 1. Approval of April 18, 2007 Planning Meeting minutes MOTION by Commissioner Kondrick to approve the minutes as submitted. Seconded by Commissioner Kuechle. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING: Consideration of a Preliminary Plat, PS #07-04, by Bruce and Virginia Westman, to reconfigure Lots 2 and 3, Block 2, Johnson's River Lane Addition, Anoka County, Minnesota, to create Lots 1 and 2, Block 1, Sarah Addition, generally located at 100 and 110 Mississippi Place NE. MOTION by Commissioner Kondrick to open the public hearing. Seconded by Commissioner Kuechle. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPEN AT 7:32 P.M. Stacy Stromberg, City Planner, stated that Bruce Westman, petitioner, is seeking to replat the properties at 100-110 Mississippi Place to reconfigure Lots 2 and 3, Block 2, Johnson's River Lane Addition, to create Lots 1 and 2, Block 1, Sarah Addition. Essentially, this replat will change the property line from going west and east on these two parcels to north and south. Ms. Stromberg stated that the subject properties are zoned R-3, Multi-Family. The property to the west is also zoned R-3, Multi-Family and the properties to the north and south are zoned R-1, Single Family. The property east across East River Road is zoned C-1, Local Business. Prior to these properties being developed in 2002, the two parcels were part of the R-1, Single Family property to the south (111 64 1/2 Way). There were always three separate parcels; however they were encompassed by one single family home and rear yard. In 2002, the property owner at the time of 111 64 1/2 Way, decided to sell 100-110 Mississippi Place. As a result, the twin home was constructed on the property, which faces and receives access off of Mississippi Place. At that time, the property owner was told to combine Lots 2(100 Mississippi Place) and 3(110 Mississippi Place) of the Johnson's River Lane Addition, which separates the two lots by a west and east property line, to create one lot. Apparently that lot combination was never filed, therefore; the petitioner is seeking the current replat request, to separate the lots with a north/south property line, which will then allow the property owner to sell the units individually. Ms. Stromberg stated that the petitioner is not proposing to change the current R-3, Multi-Family zoning. The R-3 section of City code stated that "Lot requirements of this Section are for thee (3) or more dwelling units. Two-family dwellings in this district shall be subject to the R-2 District regulations." Since this lot consists of a two-family building, the R-2 regulations still apply. Ms. Stromberg stated that lots in the R-2 district be a minimum of 75' in width with a minimum total lot area of 10,000 square feet. The proposed Lots #1 and #2 will be 94.54 feet in width and 15,574 square feet in size after the replat. The minimum lot area requirement of 10,000 square feet for a two-family dwelling unit has been met on the proposed plat. Ms. Stromberg stated that the existing twin home meets all setback and lot coverage requirements. However, the fence along the western and eastern property line is nonconforming as it is over the required 4 feet requirement in the front yard and the property also falls short of meeting the City codes landscaping requirements. Staff plans to stipulate that the fence be reduced to 4 feet in the front yard and a landscape plan be submitted and approved by City staff prior to final plat approval. City Staff recommends approval of this plat request, with stipulations as it does provide additional homeownership opportunities for Fridley residents. Ms. Stromberg stated that if the plat is approved, the following stipulations be attached. 1. Petitioner shall remove or reduce the height of the fence to 4 feet in the front yard on the west and east sides of the property prior to final plat approval. 2. Petitioner shall submit landscape plan to be reviewed and approved by City staff prior to final plat approval. 3. The line separating the two lots shall align with the party wall of the twin home. Commissioner Oquist asked if there were any issues with lot 1 or 2 being on the corner lot. Ms. Stromberg answered that the minimum sideyard set back on a corner lot is 17.5 feet and this is met with the plat request. Commissioner Kuechle asked if there were any issues with the driveway. Ms. Stromberg answered that it is a shared driveway and it may be a good idea to have the joint shared driveway agreement on file with the city. Commissioner Dunham asked if the homeowner ever thought of splitting the driveway as it may be easier to sell and finance if the driveways were split. Ms. Stromberg answered that with the horse shoe shape of the driveway it may be difficult to split. Commissioner Oquist suggested just taking a section out of the middle of the driveway to split the driveway. Commissioner Kondrick commented that the fence height probably helps reduce the noise factor with East River Road being so close. He asked if it was important to tear down the fence as it is an attractive plastic fence. Maybe the fence could remain on the west side and tear down the other side. He did not think that the fence was in line of site for traffic on that corner as the traffic comes from the other direction. He suggested to keep the fence on that side. Chairperson Savage asked if the homeowner would need to request a variance to keep the fence at the current height. Commissioner Kondrick answered yes, a variance would need to be submitted. He asked if the homeowner has submitted a landscaping plan. Ms. Stromberg answered that staff has not seen a plan yet but it will be required and the homeowner must comply. The homeowner will need to plant nine trees per the code for this zoning district. Bruce Westman, property owner, stated that when he bought the property, there was an 8-10 foot fence around the entire property. He asked the city what the maximum height was and at that time, they said it was 6' so he installed a 6' maintenance free fence and it passed final inspection. He can reduce the height to 4' if it is a safety issue. He added that the fence on the west side adds privacy for the owner. He stated that he could split the driveway but did not feel it was necessary to sell the units. Landscaping was not required in the past and he is wondering what staff would like him to do for landscaping and what the requirements are. The tenants are required to take care of the yard so that is why the landscaping has been so minimal. Commissioner Savage asked if Mr. Westman had a problem submitting a landscaping plan. Mr. Westman answered no as long as he knew what staff was looking for. Commissioner Kuechle asked if the cross easement on the driveway would be a problem to sell to two different people. Mr. Westman answered that he could sell the units as is and the driveway is designed to go out into the street. Commissioner Dunham stated that the units may be more marketable if the driveways were separate. A first time buyer may find it easier to find financing with separate driveways. MOTION by Commissioner Kondrick to close the public hearing. Seconded by Commissioner Velin. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 7:47 P.M. Commissioner Kondrick asked if the fence was an issue with anyone else. Commissioner Velin stated that he has seen the fence and it looked nice. Commissioner Kondrick agreed it was a nice fence and it is nice to have the privacy with the neighbors being so close. Chairperson Savage stated that the homeowner would need to request a variance to keep the 6' fence as it is restricted to 4' for other owners. Commissioner Kuechle agreed that if the owner wanted to keep the 6' fence he should go through the Appeals Commission and request a variance. Commissioner Oquist suggested the owner work with staff on the landscaping requirements. MOTION by Commissioner Kuechle to approve the consideration of a Preliminary Plat, PS #07- 04, by Bruce and Virginia Westman, to reconfigure Lots 2 and 3, Block 2, Johnson's River Lane Addition, Anoka County, Minnesota, to create Lots 1 and 2, Block 1, Sarah Addition, generally located at 100 and 110 Mississippi Place NE with the following stipulations: 1. Petitioner shall remove or reduce the height of the fence to 4 feet in the front yard on the west and east sides of the property prior to final plat approval. 2. Petitioner shall submit landscape plan to be reviewed and approved by City staff prior to final plat approval. 3. The line separating the two lots shall align with the party wall of the twin home. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. This item will be heard before City Council on May 21st at 7:30 p.m. OTHER BUSINESS: Stacy Stromberg announced that there will be a meeting on May 14th at 6:00 p.m. downstairs, to discuss the results of the Council Commissioner Survey. She also thanked Larry Kuechle for his 20 years of service to the Planning and Appeals Commission and wished him good luck. ADJOURNMENT: MOTION by Commissioner Oquist to adjourn the meeting. Seconded by Commissioner Kuechle. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MEETING ADJOURNED AT 7:52 P.M. Respectfully Submitted, Krista Monsrud Recording Secretary � � CffY OF FRIDLEI' T0: FROM.• AGENDA ITEM COUNCIL MEETING OF MAY 21, 2007 WILLIAM W. BURNS, CITY MANAGER RICHARD D. PRIBYL, FINANCE DIRECTOR SUBJECT.• FINAL CHANGES INAPPROPRIATIONS FOR THE GENERAL FUND, SPECIAL REVENUE FUNDS AND THE CAPITAL IMPROVEMENT FUND FOR THE YEAR ENDED DECEMBER 31, 2006 DATE: May 16, 2007 Attached you will find the final changes in the appropriations to the budget for the year ended December 31, 2006. These changes are similar to those that we have brought to Council this time of year for the past number of years as we prepare to publish the City of Fridley's Comprehensive Annual Financial Report. These changes are in keeping with Chapter 7 of the City Code. The majority of the changes are based on departmental initiatives that have caused an increase in efficiency of the department or a better delivery of service to our customers. The changes to the General Fund are occurring from within departmental budgets or drawing from the emergency reserve. The changes that are shown in a few of the Special Revenue Funds are because these are funds that traditionally have not been established as part of the normal budgeting process due to the unknown aspect of each of their activities. Staff's recommendation is for the City Council to pass the attached resolution and complete the budget cycle for 2006. RESOLUTION NO. 2007 - A RESOLUTION AUTHORIZING FINAL CHANGES IN APPROPRIATIONS FOR THE GENERAL FUND, SPECIAL REVENUE FUNDS, AND THE CAPITALIMPROVEMENT FUND FOR THE YEAR ENDED 2006 WHEREAS, the City of Fridley has involved itself in initiatives that provide for future charges and modifications that will allow for a better delivery of services, and WHEREAS, the City of Fridley had not incorporated these and other necessary changes into the adopted budget for 2006. NOW, THEREFORE, BE IT RESOLVED that the General Fund, Special Revenue Funds, and the Capital Improvement Fund budgets for the following divisions be amended as follows: GENERALFUND REVENUE ADJUSTMENTS PROPERTY TAXES ($473,142) INTERGOVERNMENTAL 473,142 TOTAL REVENUE ADJUSTMENTS $0 APPROPRIATION ADJUSTMENTS CITY COUNCIL CITY MANAGER LEGAL ELECTIONS MIS CLERK POLICE EMERGENCY MANAGEMENT FIRE RENTAL INSPECTIONS MUN. CENTER MARKET VALUE HOMESTEAD CREDIT MARKET VALUE HOMESTEAD CREDIT PERSONAL SERVICES $2,662 ELIMINATE NEGATIVE VARIANCE SUPPLIES/CHARGES (2,662) ELIMINATE NEGATIVE VARIANCE PERSONAL SERVICES 4,704 ELIMINATE NEGATIVE VARIANCE SUPPLIES/CHARGES (4,704) ELIMINATE NEGATIVE VARIANCE SUPPLIES/CHARGES 28,534 ELIMINATE NEGATIVE VARIANCE PERSONAL SERVICES (22) ELIMINATE NEGATIVE VARIANCE SUPPLIES/CHARGES 6,200 ELIMINATE NEGATIVE VARIANCE PERSONAL SERVICES 2,379 ELIMINATE NEGATIVE VARIANCE SUPPLIES/CHARGES (2,379) ELIMINATE NEGATIVE VARIANCE PERSONAL SERVICES 3,588 ELIMINATE NEGATIVE VARIANCE SUPPLIES/CHARGES (3,588) ELIMINATE NEGATIVE VARIANCE PERSONAL SERVICES 33,627 ELIMINATE NEGATIVE VARIANCE SUPPLIES/CHARGES 1,480 ELIMINATE NEGATIVE VARIANCE CAPITAL OUTLAY 253 ELIMINATE NEGATIVE VARIANCE SUPPLIES/CHARGES 208 ELIMINATE NEGATIVE VARIANCE PERSONAL SERVICES 63,803 ELIMINATE NEGATIVE VARIANCE SUPPLIES/CHARGES (38,356) ELIMINATE NEGATIVE VARIANCE PERSONAL SERVICES (11,218) ELIMINATE NEGATIVE VARIANCE SUPPLIES/CHARGES (9,963) ELIMINATE NEGATIVE VARIANCE PERSONAL SERVICES (3,489) ELIMINATE NEGATIVE VARIANCE SUPPLIES/CHARGES (26,613) ELIMINATE NEGATIVE VARIANCE ENGINEERING P.WORKS/LIGHTING P.WORKS/PARKS P.WORKS/STREETS GARAGE MAINTENANCE RECREATION BUILDING INSPECTION PLANNING NONDEPARTMENTAL EMERGENCY RESERVE TOTAL APPROPRIATION ADJUSTMENTS CABLE TV FUND REVENUE ADJUSTMENTS APPROPRIATION ADJUSTMENTS GRANT MANAGEMENT FUND REVENUE ADJUSTMENTS APPROPRIATION ADJUSTMENTS TOTAL APPROPRIATION ADJUSTMENTS HRA REIMBURSEMENT FUND REVENUE ADJUSTMENTS PERSONAL SERVICES SUPPLI ES/CHARGES SUPPLIES/CHARGES PERSONAL SERVICES SUPPLI ES/CHARGES CAPITAL OUTLAY PERSONAL SERVICES SUPPLI ES/CHARGES CAPITAL OUTLAY PERSONAL SERVICES SUPPLI ES/CHARGES PERSONAL SERVICES CAPITAL OUTLAY PERSONAL SERVICES SUPPLI ES/CHARGES PERSONAL SERVICES SUPPLI ES/CHARGES PERSONAL SERVICES SUPPLI ES/CHARGES (22,855) (10,477) 55, 597 8,015 14, 550 (2,609) (17,787) 25,927 (554) (8,156) 21,339 (38,659) 21,482 1,820 21,142 (9,151) 25,493 12,373 (6, 934) (135,000) $0 SPECIAL REVENUE FUNDS LICENSES PERSONAL SERVICES $1,352 $1,352 INTERGOVERNMENTAL $304,778 PERSONAL SERVICES $8,403 SUPPLIES/CHARGES 296,375 $304, 778 INTERGOVERNMENTAL $28,886 APPROPRIATION ADJUSTMENTS SUPPLIES/CHARGES $28,886 SOLID WASTE ABATEMENT FUND ELIMINATE NEGATIVE VARIANCE ELIMINATE NEGATIVE VARIANCE ELIMINATE NEGATIVE VARIANCE ELIMINATE NEGATIVE VARIANCE ELIMINATE NEGATIVE VARIANCE ELIMINATE NEGATIVE VARIANCE ELIMINATE NEGATIVE VARIANCE ELIMINATE NEGATIVE VARIANCE ELIMINATE NEGATIVE VARIANCE ELIMINATE NEGATIVE VARIANCE ELIMINATE NEGATIVE VARIANCE ELIMINATE NEGATIVE VARIANCE ELIMINATE NEGATIVE VARIANCE ELIMINATE NEGATIVE VARIANCE ELIMINATE NEGATIVE VARIANCE ELIMINATE NEGATIVE VARIANCE ELIMINATE NEGATIVE VARIANCE ELIMINATE NEGATIVE VARIANCE ELIMINATE NEGATIVE VARIANCE ELIMINATE NEGATIVE VARIANCE ELIMINATE NEGATIVE VARIANCE ELIMINATE NEGATIVE VARIANCE ELIMINATE NEGATIVE VARIANCE ELIMINATE NEGATIVE VARIANCE ELIMINATE NEGATIVE VARIANCE UNBUDGETED ACTIVITY UNBUDGETED ACTIVITY REVENUE ADJUSTMENTS APPROPRIATION ADJUSTMENTS TOTAL APPROPRIATION ADJUSTMENTS DRUG/GAMBLING FORFEITURE FUND REVENUE ADJUSTMENTS APPROPRIATION ADJUSTMENTS F.C.C. DONATIONS FUND REVENUE ADJUSTMENTS MISCELLANEOUS PERSONAL SERVICES SUPPLI ES/CHARGES FINES AND FORFEITS SUPPLIES/CHARGES INVESTMENTINCOME APPROPRIATION ADJUSTMENTS SUPPLIES/CHARGES SPRINGBROOK NATURE CENTER FUND REVENUE ADJUSTMENTS APPROPRIATION ADJUSTMENTS TOTAL APPROPRIATION ADJUSTMENTS CAPITAL IMPROVEMENT FUND REVENUE ADJUSTMENTS TOTAL REVENUE ADJUSTMENTS APPROPRIATION ADJUSTMENTS TOTAL APPROPRIATION ADJUSTMENTS $121,022 $1,125 119,897 $121,022 $25,202 $25,202 $4,415 $4,415 CHARGES FOR SRVCS $10,266 PERSONAL SERVICES $5,573 SUPPLI ES/CHARGES 4,693 $10, 266 CAPITAL PROJECT FUNDS PROPERTY TAXES INTERGOVERNMENTAL SUPPLIES/CHARGES CAPITAL OUTLAY ($5,791) 5,791 $0 $117,081 (117,081) $0 ELIMINATE NEGATIVE VARIANCE ELIMINATE NEGATIVE VARIANCE ELIMINATE NEGATIVE VARIANCE UNBUDGETED ACTIVITY UNBUDGETED ACTIVITY UNBUDGETED ACTIVITY UNBUDGETED ACTIVITY ELIMINATE NEGATIVE VARIANCE ELIMINATE NEGATIVE VARIANCE ELIMINATE NEGATIVE VARIANCE MARKET VALUE HOMESTEAD CREDIT MARKET VALUE HOMESTEAD CREDIT ELIMINATE NEGATIVE VARIANCE ELIMINATE NEGATIVE VARIANCE PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 21st DAY OF MAY, 2007. SCOTT J. LUND - MAYOR ATTEST: DEBRA A. SKOGEN — CITY CLERK � AGENDA ITEM COUNCIL MEETING OF MAY 21, 2007 CffY OF FRIDLEI' CLAIMS 131706 -131896 � � CffY QF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF MAY 21, 2007 LICENSES Type of License FOOD SALES Taste of Thailand 7890 University Av NE Fridley, MN 55432 Taco Bell 7295 University Av NE SOL/C/TOR Dan F. Liddle 10200 City Walk Drive Woodbury, MN 55129 (Apx Alarm) � Lamphang Phetphranohouh Lee Engler TREE REMOVAL Pioneer Tree & Landscape, Inc. John Wimmer 32294 93rd St. Pierz, MN 56364 Arbor Design Tree Service 7300 Noble Av N Brooklyn Center, MN 55429 Donald Lawrence TEMPOR.4RY FOOD SALES Taulelle Concession Richard Taulelle 6120 Trinity Dr. Fridley, MN 55432 Approved By: Public Safety Director Fire Inspector Community Development << << << Public Safety Director Planning Assistant Public Works Director << << << Public Safety Director Fire Inspector Planning Assistant STREET VEND/NG Matt Milner Sales Gerald Johnson Public Safety Director 1298 52nd Av NE Parks Director Fridley, MN 55432 City Clerk LICENSES - MAY 21, 2007 (CONTINUED) Type of License � Approved By: CARN/VAL Gold Star Amusements, Inc PO Box 48057 Coon Rapids, MN 55448 Connie Featherstone Public Safety Director Fire Inspector Building Inspector MUS/C FEST/VAL Fridley `49er Days Festival Peter Borman Public Safety Director 6431 University Av NE Community Development Fridley, MN 55432 Fire Inspector City Clerk � AGENDA ITEM CITY COUNCIL MEETING OF MAY 21, 2007 �°F LICENSES FRIDLEI' Contractor T e A licant A roved B Air Mechanical Gas/HVAC Kath Collins Ron Julkowski, CBO Commercial Plumbing & Heating Gas/HVAC Robert Skeie Ron Julkowski, CBO Crosstown Si n Inc Si n Erector Bets Wein artner Ron Julkowski, CBO Demars Si ns Si n Erector Dennis Demars Ron Julkowski, CBO East Bethel Heating & Air Conditioning HVAC Peter Chouinard Ron Julkowski, CBO Flare Hearing & Air Condirioning Gas/HVAC Pat Surprisn Ron Julkowski, CBO Horwitz Inc Gas/HVAC William Schiferli Ron Julkowski, CBO Industrial Equiries LLP Commercial/S ecialt Jeff Salbrun Ron Julkowski, CBO Kevin's Hearing & Cooling HVAC Kevin Hopp Ron Julkowski, CBO Larson Plumbing Inc Gas/HVAC James Larson Ron Julkowski, CBO LBP Mechanical Inc HVAC Timothy Hayes Ron Julkowski, CBO Master Gas Fitters Gas/HVAC Dan Perzichilli Ron Julkowski, CBO Master Mobile Home Services Gas/HVAC Barry Fassett Ron Julkowski, CBO Mattco Excavaring, Inc Excavating Tom Dreshar Ron Julkowski, CBO Muir-Doran Construction Co Commercial William Pew Ron Julkowski, CBO Ray N Welter Hearing Co Gas/HVAC Ra Welter, Jr. Ron Julkowski, CBO River City Sheet Metal HVAC Chris Rapp Ron Julkowski, CBO Signcrafters Sign Erector Micahel Lawrence Ron Julkowski, CBO Signminds Inc Si n Erector Shell Rees Ron Julkowski, CBO St Cloud Refi eration Gas/HVAC Michael Fitch Ron Julkowski, CBO Standard Heating & Air Conditioning Gas/HVAC Greg Schleifer Ron Julkowski, CBO Suburban Air Condirioning HVAC Krisandra French Ron Julkowski, CBO Wencl Services Inc HVAC Kenneth Wencl Ron Julkowski, CBO Wenzel Heating & Air Conditioning HVAC Gregory Preusse Ron Julkowski, CBO � AGENDA ITEM CITY COUNCIL MEETING OF MAY 21, 2007 � °F ESTI MATES FRIDLEI' Standard Sidewalk 10841 Mankato Street N.E. Blaine, MN 55434 2007 Miscellaneous Concrete Repairs #370 Estimate No. 1 ....................................................................... $ 11,330.30 Forest Lake Contracting 14777 La ke Drive Forest La ke, M N 55025 2007 Street Improvement Project No. ST. 2007 - 1 Estimate No. 1 ....................................................................... $ 37,430.00 _ � � lJ �� '�� COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT DIRECTOR DATE: May 17, 2007 TO: William W. Burns, City Manager FROM: Scott J. Hickok, Community Development Director SUBJECT: Pigeons in Fridley INTRODUCTION In spite of testimony to the contrary, few cities in the metropolitan area have made provisions in their Code of Ordinances for the keeping of racing pigeons. Without, an ordinance specific to racing pigeons the City of Fridley, under the provisions of our livestock ordinance; allowed the owners of the home at 1632, Rice Creek Road to have up to 10 pigeons. Contrary to their license, the property owners then acquired 20 additional birds for a total of 30. The property owners have now requested a permit to allow them to keep the 30 birds. Staff recommends denial of a license to house any more than the 10 birds permitted by their original license. The 60 — day date for action on this item expires June 10, 2007. Therefore, staff recommends Council action on May 21, 2007. HISTORY On February 3, 2006, Xiong Zheng, owner of 1632 Rice Creek Road made application for a building permit to build a 10' x 18' shed in their rear yard. The shed was to serve as the loft for keeping of their pigeons. Prior to making application for the shed the owners had spoken to City staff regarding the requirement for the keeping of racing pigeons. Staff needed to closely evaluate the question, compare the request to Fridley City Code of Ordinances and evaluate the appropriateness of the request overall. On February 8, 2006 Mr. Zheng made a livestock application for keeping of racing pigeons. On the line requesting information on the number of animals to be kept, Mr. Zheng responded: "�10". Staff requested a meeting relative to this application. Mr. Zheng and his wife met with members of the City Clerk's office and the Planning Staff. Both Mr. Zheng and his wife indicated that the price of the birds ($6,500 -$7,000) would likely keep them from having more than 2 to begin with. Nonetheless, they wanted to have the flexibility of up to 10 birds under their license. They assured staff the loft would Zheng Livestock License May 17, 2007 PAGE 2 ' be beautifully constructed, be free-off rodent harborage, and that it would be cleaned on a regular schedule to assure sanitary conditions. After meeting with Mr. Zheng and his wife, measuring off from aerial photographs the distance from the proposed "loft" location to the nearest home, and applying the language of the live stock ordinance, staff recommended approval of the livestock license for, "no more than 10 birds". The license would expire Apri130, 2007. On April 10, 2007 Mr. Zheng again applied for a livestock license. This time the license request was that the City would allow up to 30 birds. On Apri123, 2007, the Livestock License item was on the Council's Agenda and staff requested that Council not act on the item until further evaluation could be completed. Mr. Koran spoke on behalf of Mr. Xiong Zheng. He indicated that he would have several teams of pigeons which would be anywhere from 50 — 100 pigeons, depending on the size of the building meant to house the birds. He emphasized that the number of birds must match the facilities in which they are meant to be housed. Mr. Koran provided the ordinances from the cities of: Eagan, Champlain, and White Bear Lake. In those ordinances 1-2 square feet per bird is required for building space. By those ordinances, the 180 s.f. Zheng building could house 90 — 180 birds. In each of the 3 ordinances provided; a maximum of 100 birds is allowed. Access by animal control must also be made available at any time in those ordinances, as well as, no food or other rodent attractive elements may exist. Of course a city must decide for itself whether or not this is an appropriate use of a single family property. Proponents of racing pigeons will say that the birds don't make any real noise, that the lofts are kept clean and sanitary and that the birds are only out to exercise and they return to their loft. Opponents would ask, should I expect that my neighbor can have 100 birds on their property if they want? What about my rights to the quiet enjoyment of a property? In 2006, the City and its professional staff determined that 10 birds should be the limit on this property and still believe that to be the appropriate upper limit. That is, until the City modifies its animal limits to 3 for all animals, not just dogs. [Staff will recommend that Council consider such ordinance amendment in the near future.] Fridley's Building Official, Ron Julkowski called the Zheng home after the Apri123, 2007 meeting. His purpose was to request an inspection of the bird loft. Mr. Julkowski left a detailed message. The Mr. Zheng has not responded as of the writing of this report. Keith Streff, Minnesota Animal Humane Society recently spoke at a recent session for City Code Enforcement Officers. In his presentation, Mr. Streff urged cities to amend Zheng Livestock License May 17, 2007 PAGE 3 their zoning ordinances to limit the number of animals that can exist on a residential property. Mr. Streff's point was that animal hording has become an enormous problem in this region and people's health and quite enjoyment of their properties depend on cities limiting the number of animals that can exist on a residential site. Streff pointed out that typically cities limit the number of dogs to 3. Fridley does just that. Mr. Streff urges that the number 3 becomes the number for animals generally allowed whether we are talking about: dogs, cats, rabbits, birds, etc. Staff agrees that such ordinance amendment would be appropriate in Fridley. The Zheng license is an example of where limiting the numbers to something reasonable, for a residential lot is essential. They were granted a license for 10 birds (as they requested) and they bought, or otherwise obtained 30. Like the animal Humane Society recommends, cities must protect themselves, their residents from animal hording. Staff agrees. Based on that advice, staff recommends that the Zheng property be allowed to have no more than 10 birds (as originally permitted by their license). RECOMMENDATION Staff recommends that the Zheng property be allowed to have no more than 10 birds for their 2007 Livestock License (as originally permitted by their license). Further, staff recommends that within 60 days, that the additiona120 birds be permanently removed from the Zheng property. Further, staff recommends that in order that a new license is permitted to continue, an inspection be scheduled between Mr. Zheng and Scott Hickok, City of Fridley Community Development Director, on Friday, July 20, 2007. Any birds that remain beyond the 10 permitted shall be in violation of the license and shall mean revocation of the Zheng Livestock license and the City will proceed with legal action necessary for the removal of the excess birds. Finally, random inspections will also be required after July 20, 2007. Mr. Zheng shall make available, upon request, the inspection of the property to assure no more than 10 birds are being kept at this address. M-07-16 ��` �=�EE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT DIRECTOR May 21, 2007 Xiong Zheng 1632 Rice Creek Road Fridley, MN 55110 Dear Mr. Zheng: As you know, the City Council considered your Livestock License to allow pigeons at their Apri123, 2007 meeting. At that time, the item was pulled off the agenda for Staff to research and provide more information to the City Council. Staff has completed its research and has scheduled this item for the agenda for this evening. Our staff attempted to contact you regarding this matter and to request an inspection; however, no return calls have been received by our office. The Council meeting will begin this evening at 7:30 pm. The meeting location is in the: Fridley Municipal Center City Council Chambers 6431 University Avenue NE Fridley, MN 55432 Your attendance is recommended. If you have questions, please feel free to call me at: 763-572-3590. Sincerely, CITY OF FRIDLEY Scott J. Hickok Community Development Director � � CffY OF FRIDLEI' TO FROM DATE: SUBJECT AGENDA ITEM CITY COUNCIL MEETING OF MAY 21, 2007 William W. Burns, City Manager Jon H. Haukaas, Public Works Director Layne Otteson, Assistant Public Works Director May 21, 2007 Public Hearing for the 2007 Mill and Overlay Project PW07-024 On May 7, 2007 the City Council accepted the Feasibility Report for the 2007 Mill and Overlay project and set a Public Hearing for May 21, 2007. Staff will present the specifics of the project and estimates of assessed costs. An advertisement of this public hearing was published in the Sun Focus on May lOt'' and 17th. In addition, letters were sent to each individual parcel inviting them to give comment on the proj ect at this Public Hearing. JHH,jb Attachments CITY OF FRIDLEY NOTICE OF HEARING ON IMPROVEMENTS MILL AND OVERLAY PROJECT NO. ST. 2007-2 WHEAREAS, the City Council of the City of Fridley, Anoka County, Minnesota has deemed it expedient to receive evidence pertaining to the improvements hereinafter described. NOW, THEREFORE, NOTICE IS HEREBY GIVEN THAT on the 21st day of May, 2007, at 7:30 p.m. the City Council will meet at the Fridley Municipal Center Council Chambers, 6431 University Ave., N.E., Fridley, MN and will at said time and place hear all parties interested in said improvements in whole or in part. The general nature of the improvements is the construction (in the lands and streets noted below) of the following improvements, to-wit: CONSTRUCTION ITEM Street improvements, including asphalt milling, hot mix bituminous material, street striping located as follows: MILL AND OVERLAY PROJECT NO. ST. 2007-2 7tn Street — 61st Avenue to 53rd Street 61st Avenue — University Avenue to 7th Street All of said land to be assed proportionately according to the benefits received by such improvement. Hearing impaired persons planning to attend the public hearing who need a interpreter or other person with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no later that 16th day of May, 2007. Published: Fridley Focus May 10, 2007 May 17, 2007 � � CffY OF FRIDLEI' T0: FROM: DATE: RE: AGENDA ITEM CITY COUNCIL MEETING OF May 21, 2007 WILLIAM W. BURNS, CITY MANAGER RICHARD D. PRIBYL, FINANCE DIRECTOR DEBRA A. SKOGEN, CITY CLERK MAY 15, 2007 PUBLIC HEARING ON ORDINANCE PROPOSING TO AMEND SECTION 7.02 OF THE FRIDLEY CHARTER PERTAINING TO UTILITY RATES In addressing the needs of the City related to the continuing losses in the utility funds and the concern as to whether or not the City is allowed to bond for needed capital improvement projects, the City of Fridley had its Bond Counsel, Briggs and Morgan, review the situation. They prepared an extensive memorandum as to the legality of the charter's restriction on utility fees within the Enterprise Funds. The memorandum indicated that they understood the state law to supersede the charter in this particular case. They felt the charter could not limit the city from charging residents for the utility services they provide by charging rates that were intended to recover actual costs. Based on this information and the results of the 2006 election, the Fridley City Council adopted Resolution No. 2007-15 on February 26, 2007 directing the City Attorney to draft a letter requesting an opinion from the Attorney General regarding whether or not the City Charter is in conflict with state law in relation to the annual limitation imposed on utility rates. The Attorney General provided their response to the City Attorney on April 18, 2007. The Attorney General's office would not provide an opinion on this issue. The City council met on April 23, 2007 to discuss the Attorney General's opinion and the financial condition of the utility funds to determine what course of action might be needed. At the request of the City Council, the City Attorney drafted an ordinance to amend the charter so it would not be in conflict with state law and recommended the Council provide it to the Charter Commission for their review and recommendation. The Charter Commission met on April 23, 2007, and received the same update as the City Council. The Charter Commission recommended approval of the ordinance to amend the city charter, as shown in Attachment 1, and directed staff to forward it to the City Council for their action. Chapter 410.12, subd. 7, of the Minnesota Statutes allow an amendment by ordinance upon recommendation of the Charter Commission. It requires publication of the proposed amendment at least two weeks before the public hearing before the City Council, and the ordinance must be adopted within one month of the public hearing requiring a unanimous vote of the City Council. The legal notice was published in the May 3rd, lOth, and 17th 2007 edition of the Fridley Sun Focus providing the text of the amendment, as shown in Attachment 2. Staff recommends holding the public hearing. Attachment 1 ORDINANCE AN ORDINANCE OF THE CITY OF FRIDLEY AMENDING CHAPTER 7 OF THE FRIDLEY CITY CHARTER WHEREAS, The City of Fridley, Minnesota, under the powers vested in it under Minnesota Statutes Section 410 and its own City Charter, has the power to amend its Charter; and WHEREAS, one method of amending its Charter is by Ordinance through the unanimous consent of its City Council; and WHEREAS, the City, through its Council, with the review and consent of its Charter Commission, has determined that current language of the charter related to restrictions on fee increases for utility services is causing deep and significant harm to the finances of the City and that a change in the Charter language is necessary to mitigate even further harm from being caused by the Charter to the City's finances. IT IS, THEREFORE, HEREBY ORDAINED THAT: The Charter of the City of Fridley, specifically Section 7.02, subsection 3, is hereby amended to read as follows: Any other fees created, or increased beyond the limits set forth in subsection 1, shall require voter approval as stipulated in subsection 2. A. For the purposes of this subsection, "fees" includes sales and use taxes, ' , recycling fees, gas and electric franchise fees and any other fee that produces a tax burden or direct financial obligation for all property owners and/or residents of Fridley. (Ref Ord 1152) B. For the purposes of this subsection, the term "fees" does not include: Utility char�es, Parks and Recreation Department participation fees, charges for photo-copying sales of municipal liquor store products, or civil and criminal fines and other charges collected in cases of restitution or violation of law or contract. The term "fees" also does not include rental housing fees, building permit fees, liquor license fees, the e�tension or transfer of cable television service authority to additional service providers for which fees are already being charged, fees for the operation of junk yards, annual license fees for the operation of pawn shops and other regulated business, and any other charge for services, including health and safety related Code enforcement, and other goods, services or materials routinely provided by the City to its citizens or other members of the public which, by law, must be limited to the actual cost of the service being provided. The term "fees" shall not include any special assessments made under Minnesota Statutes Section 429. (Ref Ord 1152) There being five council members present and voting in favor of this Ordinance, it has been duly adopted this day of , 2007. Scott J. Lund, Mayor ATTEST: Debra A. Skogen, City Clerk Attachment 2 City of Fridley Public Hearing Notice Before the City Council Amendment to City Charter (Legal Publication) Notice is hereby given that there will be a public hearing by the Fridley City Council on Monday, May 21, 2007 at 7:30 p.m. at the Fridley Municipal Center, 6431 University Avenue NE in Fridley, Minnesota, for the purpose of taking public testimony on the following proposed amendment to the City Charter: AN ORDINANCE OF THE CITY OF FRIDLEY AMENDING CHAPTER 7 OF THE FRIDLEY CITY CHARTER WHEREAS, The City of Fridley, Minnesota, under the powers vested in it under Minnesota Statutes Section 410 and its own City Charter, has the power to amend its Charter; and WHEREAS, one method of amending its Charter is by Ordinance through the unanimous consent of its City Council; and WHEREAS, the City, through its Council, with the review and consent of its Charter Commission, has determined that current language of the charter related to restrictions on fee increases for utility services is causing deep and significant harm to the finances of the City and that a change in the Charter language is necessary to mitigate even further harm from being caused by the Charter to the City's finances. IT IS, THEREFORE, HEREBY ORDAINED THAT: The Charter of the City of Fridley, specifically Section 7.02, subsection 3, is hereby amended to read as follows: 4. Any other fees created, or increased beyond the limits set forth in subsection 1, shall require voter approval as stipulated in subsection 2. C. For the purposes of this subsection, "fees" includes sales and use taxes, , recycling fees, gas and electric franchise fees and any other fee that produces a tax burden or direct financial obligation for all property owners and/or residents of Fridley. (Ref Ord 1152) D. For the purposes of this subsection, the term "fees" does not include: Utilitv charges, Parks and Recreation Department participation fees, charges for photo-copying sales of municipal liquor store products, or civil and criminal fines and other charges collected in cases of restitution or violation of law or contract. The term "fees" also does not include rental housing fees, building permit fees, liquor license fees, the e�tension or transfer of cable television service authority to additional service providers for which fees are already being charged, fees for the operation of junk yards, annual license fees for the operation of pawn shops and other regulated business, and any other charge for services, including health and safety related Code enforcement, and other goods, services or materials routinely provided by the City to its citizens or other members of the public which, by law, must be limited to the actual cost of the service being provided. The term "fees" shall not include any special assessments made under Minnesota Statutes Section 429. (Ref Ord 1152) Any persons desiring to be heard shall be given an opportunity at the above stated time and place. Any questions related to this item may be referred to Deb Skogen, City Clerk at 763-572- 3523. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no later than Monday, May 14, 2007. The TDD number is 763-572-3534. /s/ Debra A. Skogen, City Clerk Published in the Fridley Focus News May 3, 10 and 17, 2007 � � CffY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF MAY 21, 2007 DATE: May 16, 2007 TO: FROM: SUBJECT William W. Burns, City Manager Scott J. Hickok, Community Development Director PUBLIC HEARING — Special Use Permit, SP #89-08, Sam's Auto World, 7570 Highway 65 Introduction In mid 2006, staff documented the sale of vehicles occurring at Sam's Auto World. Staff also discovered outdoor storage and an auto salvage operation in violation of the special use permit for this location. Several attempts were made through site visits by staff to have the owner of the property (Samier Awaijane) correct the issues. He did not. Consequently, on August 14, 2006, staff recommended that the City Council consider revocation of SP# 89-08. Recent History Due to scheduling conflicts with business owner Samier Awaijane's attorney, the hearing that began on August 14, 2006, was carried over until the August 28t'' meeting. Mr. Awaijane and his attorney attended that meeting. Council heard from Jeff Carson, Attorney for Mr. Awaijane. Mr. Carson indicated that that he personally had visited the site and understands the issues. As a result, Mr. Carson was willing to concede on behalf of his client, Mr. Awaijane, that the State Lease License would be surrendered to the State after 60 days. With this solution, his client would agree to no car sales or leasing on his site after that 60 day period. In the 60 days between now and the time he would surrender his lease license, he also indicated his client would liquidate his entire inventory. Council asked that staff determine the appropriate resolution for this matter based on the offer to surrender all State sales licenses as proposed by Mr. Carson. Staff indicated that surrendering the license would go a long way toward compliance; however, a review of other outstanding violations would have to be completed to assure that as we move forward that there would be no outstanding issues outside of automobile sales. On Thursday, September 7, 2006, staff inet with Samier Awaijane, Attorney Jeff Carson, and Bookkeeper Bob Becker. The purpose of the meeting was to walk the site at 7570 Hwy 65 and examine specific areas of the site and determine acceptable resolutions for any inconsistencies that may exist between current conditions and the original S.U.P. requirements. Enormous progress had been made towards compliance. Beyond volume of vehicles to be liquidated, the biggest issue is the storage area south of the two buildings. Since that visit Mr. Awaijane has had his staff removing stored materials, rebuilding shelving units to lower the overall height of potential storage areas, and repairing broken portions of the fence that was originally installed for screening. The item was scheduled to come back for a report to the Council on March 12, 2007. In late February and early March staff continued to observe vehicles that appeared to be connected with the auto sales portion of their earlier site concerns. Staff also learned that the day that Mr. Awaijane's license was officially relinquished in Fridley, he obtained an automobile dealer's license for another City. Since the March 12, 2007, Council review of this item, Mr. Awaijane appears to have abandoned all car sales, outdoor storage issues, and has agreed to eliminate the materials on the south side of the body shop, unless they are directly related to current work being done in the shop. In otherwords, all storage of inventory that was to be used in the event they one day got a car to match, will be eliminated. With auto sales, outdoor storage, and auto salvage matters seemingly rectified on this site, staff recommends no action to revoke SP #89-08 at this time. Recommendation Staff recommends that Council take no action on the revocation of SP #89-08 at this time. M-07-15 � � CffY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF MAY 21, 2007 Date: May 16, 2007 To: William Burns, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Manager Stacy Stromberg, Planner Subject: First Reading of an Ordinance for a Rezoning, ZOA #07-01: Sam's Auto Parts, 1240 73'/2 Avenue Background The City Council held a public hearing for a rezoning and special use permit application for Sam's Auto Parts at 1240 73 '/2 Avenue on May 7, 2007. This auto recycling business has evolved beyond this parcel over time without ever having the proper zoning and special use permit. A special use permit cannot be granted without the property first having the proper zoning for this type of use. The corner parcel of the business, which is addressed 7340 Central Avenue, is currently zoned G1, Local Business district, which does not allow an automotive recycling use. The petitioner, Barry Hoosline, is requesting that the corner parcel be rezoned to M-1, Light Industrial zoning, like the remaining three parcels that contain his business. In 1975, the original business owner obtained a rezoning and special use permit for the 1240 73 '/2 Avenue parcel. Previous Planning Commission and City Council members were very explicit in their actions related to this business location in 1975 that a scrap yard would not be an acceptable use for this property. The attached meeting minutes verify that the same family, who has been selling this land to Mr. Hoosline on contract for deed, owned the land in 1975. The Haluptzoks have therefore been aware throughout the years that the auto recycling business was not a permissible use of this property. The petitioner has indicated that he will continue with his request for a special use permit for the three westerly parcels if the rezoning of the corner east parcel is denied. Both requests are scheduled to be heard on June 11, 2007. Commission Action On April 18, 2007, the Planning Commission held a public hearing to review Mr. Hoosline's rezoning and SUP applications. No one from the public besides Mr. Hoosline's legal counsel addressed the commission at the public hearing. Staff has not received any phone calls. The Planning Commission voted 4 to 3 to approve both the rezoning request and the SUP request. Reasons given for approval were that they felt it was an opportunity to improve the property. Council should note that a rezoning requires a four fifths vote by the City Council. Staff Recommendation Following the public hearings, staff continues to recommend denial, citing that the public record from 1975 is clear that the City provided explicit direction that the Sam's Auto Parts business was never to become a junkyard. Approval of the rezoning request expands the very situation, which the City leaders tried to prevent by their 1975 actions. On May 21, the City Council needs to hold the first reading of the attached Ordinance. The second reading is scheduled for the June 11, City Council meeting. Consideration of the special use permit request on the four parcels involved in the Sam's Auto Parts business SP #07-01 has been tabled to the June 11, meeting date as the two actions are interrelated. M-07-17 ORDINANCE NO. ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAHING A CHANGE IN ZONING DISTRICTS The City Council of the City of Fridley hereby finds, after review, examination and recommendation of staff, that the Fridley Zoning Code be hereby amended as follows: Section 1: Appendix D of the Fridley City Code is amended hereinafter as indicated, including stipulations as shown in Exhibit A. Section 2: The East 125' of Lot 18, Block 2, Central View Manor, generally located at the corner of 73rd Avenue and Central Avenue, Fridley, Minnesota Is hereby designated to be in the Zoned District M-1, Light Industrial District. Section 3: That the Zoning Administrator is directed to change the official zoning map to show said tract or area to be rezoned from Zoned District G1, Local Business, to M-1, Light Industrial. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 2007. SCOTT J. LUND, MAYOR ATTEST: DEBRA A. SKOGEN, CITY CLERK Public Hearing: April 18, 2007 First Reading. May 21, 2007 Second Reading: Published: Exhibit A STIPULATIONS: 7340 CENTRAL AVENUE 1. Property owner conduct soil testing and provide City and other applicable government authorities proof of clean soils prior to installation of any new impervious surface on any of the parcels involved in the approved application. 2. Once Petitioner owns all of the property used for his business, owner shall file necessary documents with Anoka County to combine the parcels for tax purposes. 3. The single family home, garage, and numerous accessory buildings in disrepair at 1240 73 % Avenue and 7340 Central Avenue be removed. 4. Petitioner to obtain approval ofgrading and drainage plan from the watershed district. S. Petitioner to obtain any necessary approvals to operate an auto recycling center from the appropriate governmental authorities. 6. Petitioner to obtain all necessary permits prior to construction. 7. Site Plan needs to be adjusted to provide code required curbing/paving installation setbacks. 8. Petitioner to meet all building and fzre code requirements. 9. City Engineering staff to review and approve final grading and drainage plan prior to issuance of permits. 10. Storm pond maintenance agreement must be filed prior to issuance of land alteration permit. 11. Petitioner shall obtain any required NPDESPermit and provide NURP ponding for entire site. 12. Final landscape plan to be reviewed and approved by City Staffprior to issuance of land alteration permit. 13. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 14. Property owner of record at time of land alteration to correct any deficiencies in the water and sewer connections to the buildings on site. 1 S. Secondary access curb cuts and gates in fence on Lot 16 and 17 on 73 % Avenue must be removed as part of redesigned site plan. 16. Any business signs that are not approved currently by a sign permit must be removed from the site until a permit is obtained. 17. Petitioner to reduce screening fence height to 8' or obtain variance. ��G � u r i � RE6ULAR MEETING OF APRIL 5, 1976 PAGE 4 MOTION by Councilman Namernik that the forniula be adopted for the project and that the contract be awarded to Peter Lametti Construction, Inc. in the amount of $43,814.05. Seconded by Councilwoman Kukor�ski. Upon a roll call vote, Council Members Fitzpatrick, Hamernik, Kukowski and Mayor Nee voting aye, Councilman Starwalt voting nay, Mayor Nee declared the motion carried four to one. Following are the bids as submitted for Sewer and Water Project �119: Planholder Bid Deposit Lump Sum Bid Northdale Construction Com 269 Peninsala Road 5% $52,965.50 Minneapolis, Minnesota Frank F. Jedlicki Sewer & lJat�er Contractor 5% $45,274.00 4621 Twin Haven Road - • Minnetonka, Mi-neosta 55343 Erwin Montgomery Construction Co., T�c. 5X $55,844.45 10883 - 89th Avenue N. Qsseo, Minnesota 55369 Bianconi Construction Co. 5� $53,098.00 986 Bayard Avenue St. Paul, Minnesota 55102 Arcon Construction Co. 903 E. Forest Street 10% .$55,028.90 Mora, Minnesota 55051 American Contracting Corp. 1540 Yellovrbrick Raad 5X $48,837.76 Coon Rapids, Minnesota _ G. L. Contracting � • P.O. Box 340 5% $57,534.40 Hopkins, Minnesota Peter Lametti Construction, Inc. 615 Drake Street ' 5� $43,814.05 St. Paul, Minnesota 55102 RECEIVING PETITIONS �1-1976. #2-1976, �3-1976. AND �4-1976 ALL REOUESING SE4JER, MOTION by Councilman Starwalt to receive Petitions #1-1976, #2-1976, �3-1976 and �4-1976 and the Letters of �lnderstanding. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF APPROVAL OF FINAL PLAT SUBDIVISION P.S. �175-02. BY LEIF HENRIKSEIV, . The Public Works Director stated that the Planning Commission reco�rmended approval � at their public hearing with two stipulations: One, that the right-of-way be . forty.(40) feet wide, and two, that the set-back be thirty (30) feet. MOTION by Councilman Hamernik to adopt the plat with the two stipulations of forty ! foot right-of-way and thirty foot setback. Seconded by Councilwoman Kuknwski. Upon ` a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ' ; � ORDINANCE N0. 608 - CONSIDERATION OF AN ORDI�'ANCE FOR REZONING REQUEST, ZONING ORDI��ANCE AMENDMENT ZOA �75-07> BY LEROY HALUPTZOK, FROP1 C-1S TO M-1.� 1240-73; . AVENUE N E. AND � -- - -• - �- - — The Public Works Director stated that 7-L7 LCRVI f7F1LUfILVA� 1L4U-/J°' flYCnvi. � would be ' S rder to adopt the ordinance on L _ . � _. _ l . -- - - - - - ,- - • - -- -.- �- \ y 10 A ; _ ; ' ti ' i � , : { i 0 ;;x;.;:��;� ' i �=:r.'�i:, .. _ . , , a� � �, � � , ;. 0 REGULAR MEETING OF APRIL 5, 1976 IOJ PA6E 5 � second reading and order publication together with the special use permit. There `� was some concern in that the Planning Commission and the Council did not want a � ' �! continuation of a junk yard operation in the area, and with that in mind, these stipulations were drawn up, and the items have been tall:ed over with the petitioner, and he has agreed to the stipulations outlined in the agenda. We recommend approval � of the special use permit. htr. Bell, the Attorney, is here to answer any questions. �• MOTION by Councilman Starwalt to adopt Ordinance No. 608 on second reading, waiving * the reading, and ordering publication. Seconded by Councilwoman Kukowski. Upon . a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ; MOTION by Councilman Starwalt to approve the Special Use Pernit. Seconded by Councilwoman Kukowski. Upon query by Councilman Starwalt, Attorney tSell stated that • although he had not seen the agreement, his client had read it to him over the tele- . hone, and it was substantially in the same form. Upon a voice vote, all voting aye, Mayor Nee dec}ared the motion carried unanimously. � • CONSIDERATION OF F1RST READING OF AN ORDIWAPlCE AMENDING CHAPTER 115 OF THE FRIDLEY • t The P blic Works Director stated that after receiving input from the staff, from the swinmi pool people, and in tf�e c:,nfer•ence meeting, the proposed ordinance has been prepare as noted in the agenda, There were two concerns. The first was the fencing around t swimming pool. It is recomnended that the height be increased from four to six fe , based on the Planning Coinnission recortgnendations. Further that cyclone fencing be ermitted and that the entrance of children by means of hand or foot- holds on the ence so as to climb over it be prevented. It is the inte tion of the staff to basically insure that toddlers and children through the age of 3> 4, and 5 be prevented from getting into the swirraning pool. The situation wa reviewed with the 5tate Nealth Department, and it is their basic policy to allow c clone fencing. The Publ i c l�orks Di i'�gc discussion about the'� State has changed the� getting stuck in the g r further stated that at the conference meeting there was a imum width of drain grate openings to be one-half inch. The regulations to one-half inch because of concern for fingers Councilman Hamernik inquir� about the fencing, if it is to ir.clude cyclor.e fencing? The City Attorney stated th there is some concern in this matter; that a suggestion is that it not be spelled ou but that the staff use their best judgment as there may be some kinds of cyclone fenci that would be permitted, and other kinds that would not be permitted. This could b a matter that the staff could consider when an application is made, and the sta can inquire what type is intended and types would be permitted. MOTION by Councilman Hamernik that th: Ordinance be approved on first reading and the reading be waived. Seconded by Counci an Startiaalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carri d unanimously. NEW BUSINESS: DERATION OF ESTABLISHING A NEW CNAPTER 5Q5 OF THE FRIDLEY CITY CODE � The Public Works Director stated the change was t provide improvement of the enforce- ment of the code. The ordinance outlines the step � and procedures to insure that ' those people who operate bicycles within the bike pa hs, lanes, and routes are required to follow certain rules and regulations, an it will be a means of providing '"' the police department and other enforcing agencies to 'nsure the proper operation of bicycles within the system. The City Attorney suggested that the measure be passed on ;�he first readiny and , see what is wrong in it as there seems to be something garf%i�d in it. It does not read right. ��, Councilman Hamernik inquired about state legislation in re�erert�e to bicycles. • The City Attorney said there are some passed in the last session The City Manager suggested that the matter could be adopted and investigate the st utes and then bring it back for a second reading. ' � 26 � � Planninq Com�iission Meeting January 21, 1976 Page 5 if this would require any shoring? t�r. Boardman said it wouldn't req�ire any more shorin� than they already have. I��{r. Harris asked about the drainage in this area. Mr. Boardmari said it vaould be the same as they have now.. He said tr,ey had ��r9roundsys�tems for the drain-off now. Mr. Langenfeld asked if we always accepted the findings of the Rice Ci°eek Watershed on developments such as this? �lr. Boardman said that anyone in the I•la.tershed District did have to get a permit from thzm, but they did not hav� the �inul decision. The City could intervene if they disagreed ��ith their fir�dings. The Planning Commission had some question as to whether there was an appeal section in the rules and regulations of .the Rice Creek Watershed District. They asked Mr. Boardma� to obtai►� copies of these rules and regulations and also for a map of the Watershed District. I�Ir. Boardman said he vaoul d do thi s. UPON A VOICE VOT�, ALL VOTING AYE, the motion carried unanimously. �� . � , LERO�' T. HALUPTZ01:: Addition, except the areas) to M-1 (light Ave�ue iV.E. To rezone Lot 18, BIocK East 125 feet thereof, industrial areas), '��he REQUEST, ZOA #75-07, 6Y 2, Ceni:ral View t�lanor firom C-1S (local shopping same being 1240 73 1/2 ��I�°. Jehn G. �ells attorney representing Mr. iialuptzok, was present. A�CiiICAT b1 Scott, seconded by Ber�man, that the Planning Commission open the Public Hc,aiing on rezonin� r�quest, ZOA #75-07, by Leroy T. Haluptzok. Upon a voice vote, all vot.�.ng aye, Chairman Harris opened the Public Hearing at 8:30 P.M. � t�i;, goardman said the general area where this property is lacated also had Central Auto Paris and rridley Auto Parts. This was an existing residenti��l structure that they propose to use for the sale of parzs for ani.ique autos. They w�uld be seli�ng a combination of used parts and new parts that are ma�� i'or ar�L�c�ue and class�c automobiles. He said this property ��as presently zoned C-1S, ard in order to ooerate what we have to classify as a junk yardy i f, has L-,e ±o rezoned to f�"-1. Thi s wi 11 al so need a Spec i al Use Permi t. There �aas one problem t{-�at was noted after this request was made, and tha;; vr�s that L�t 17, 61ock 2, Central 1�iew Manor, will still be zoned C-1S. This 1ot should be rezoned to Ni-1 also and then the entirE block vaould� have M-1 zoning except the east 125 feet of Lot 18 which will have to keep the C-1S zon�i�, because there 4�as a service statian on this property. T}�is rezoning rec;�.;est sho�Rld be contingent u�on Lot 17 being rezoned to (�-i also. Chairman Harris asked I�ow big Lot 17 was. Mr. Boardman said it was 6G' by 194 `. h1i°. Nart° � s sai d i t Vroul dn ` t meet the requi rements for an M-1 zone either. f�r. Boardmar said.that if it was the same zoning as the balance of tt�e bl ock, i i: coul u be coi��bi ned wi th othcr property. P1r. ��rgman aslced the zoning of the other property in this a�•ea. Mr. B�ardr.�a►� sai � the p�°operty to the Scuth was zoned M-1 . Ki tty corner fro�n this propc�riy �i was zoned h1-2, and the property across the street-on Cen�ral Aver�ue was zoi�ed C-'IS. 27 -=::�. � - Planning Com mss�on P�eetinq - January 21, 1976 Pa9e 5 Chairman Harris asked Mr. Bell if he knet•r who owned Lot 17. Mr. Bell said he didn't. P�1r. °oardman said it was owned by Jim Halupzok. hfr. Harris said they felt it v�ould be good planning to reques� the o�r�ne�r of Lot 17 to rezone this lot from C-1S to h'i-1 also, to make th2 zoning consistent with the balance of the block. Mr. Bell said he didn`t know the present use of this property, but he would check this out with his�client. �r. Harris asked if there would be any dismantling of automob�les an �;nis property. Mr. Bell said no. He said there woul�+ be parts of dismant�ed autc- , mobiles stored on this property, but they would be dismantled before th�y vaere brou5ht to this property. He said the small parts would all be ir�side . but there would be some outside storage of the large parts. Mr. Langenfeld asked why this request was for Nf-1 zoning? Mr. Boardrnar said that the nature of this business, which has to be termed a junk yard was only allowed in this zoning. He said it would be allowed in M-2 also, but M-1 zoning was more compatible with the residential character of areas ciose to 'chis property. Mr. Langenfeld asked Mr. Bell what he thought of the terminology o� calling this business a junk yard. Mr. Bell said that hi� client was reacy u�to meet all the requirements of the zoning code and the special use permit, and while this would not be a junk yard, what was in a n�me? P1r. Bergman asked Mr. Bell how he would describe the activit�ies that would be carried on on this property? Would you descrid2 it si.rictly �s sales or would there be dismantling, or assembling or restoration of autor�ob;��s. Would there be mietal machine work.going on? . P1r. Bell said there would not be dismantling, there would not b� resiot-��t�a�7 ��there would be no torches out cutting up parts, it would be sirictly sales. +�? , said the parts s�ould be dismantled before they were brough* tc� the pl�opei°Ly. M�r. Bergman said that anything that 4das �rought to th�s property would b� in a saleable condition then. Mr. Bell said �;es. t�r. Bergman then asked Mr. Boardman if our Code exclu�ed t�:s Lype ^f sales from a commercial use. Mr. Boardman said it did because it hau La b� called a junk yar�d, because of the outside storage of auto par-ts. Mr. Bergman said there were other commercial operations trat had outside sic�rage, so �t�e w�ere making a particular' distinciion because this v�ras �;�e o�.,tside storage of auto parts. Mr. Boardman said he didn't see any other a�ay a�f duir�,i this because a junk yard was not allawed in C-1S zoning, anly ir: N-� a.r:!i hi•°2 zoning. Mr. Langen�Feld said he didn't 3gree with the jurk yard termir:olo�:;`� . He asked Mr. Bell what span of years these antique auta parts wou�d ��'? p1r. Bel1 said that these �ould be for antique an� classic automobil�s. F(-4 said !�e would like te I�ave it stated that these were parts for an:.i�ue a„r� classic_ cars because all of the pat,ts !NOUId not be antique. Some of fihL�i� �•��re new parts tor antique and clas�ic cars. He said because the �arj.:s tU:��e ��?r classic cars �als�, he really couldn'i: siate what r��ould be i;h� ne�•;°s�: ',�e�►-' ti";�y trould havc E�aris for. l�he�e w�uld generally be pre-l�dorld War TI c�z'�. I'ry =;.a�iii there mi ght L7e soi�e frcm ri ght a{ � tne war 1 i kL �n EdsE i. i-�e s==-`�'� '::h3 4"�' persanally had had a 55 Stude�ak�, anci his son �efined ihat as a c-l��ssic. ..�n,, :5: ,,' � 0 Plarning Commission Meetinq - January 21, 1976 Pa9e -7 Mr. Qoardman said that in response to Mr. Langenfeld's question on the terminology of this business as a junk yard, under commercial use, such as a service station, it does state that service stations are not ailowed to 'sicore on their property any wrecked, abandoned, or junked automobiles, � or the sal�e or dispTay for sale of u�ed cars. He said that the Code defin�s junk yards as any place where two or more motor vehicles not in runnir►g condition, or parts thereof, are stored in the open and are not being restored to operation, or any land, building or structure used for ��vrecking or storir�g or such motor vehicles or parts thereof; and including any rarm vehicles or farm rnachinery, or parts thereof, stored in the open and not being restored to operating condition; and including the commercial salvaging and scavenging of any other good; articles or merchandise. Mr. Langenfeld and Mr. Be��gman sa.id that made it quite clear that this operation would have to be cldssified as a junk yard. Chairman Harris said this should probably have been discussed when we ;=rere censider3ng the S;�ecial Use Permit He said th�± if the Plannir.g Commissian should recommend approval of the rezoning an� special use request, they would have to be careful so that this oper�ation stayed the sume as they �rere stating at this meeting; or we co�l� end �ap with another junk yard operation in the fullest sense. This could be handled with stipulations on the Special Use Permit. Chairinan Harris asked if the existing house would be torn down. Mr. �Bell said no, there would be shelvin� put in, but it will be used pretty mucl� as it v��as. Mr. Boardman said he had a couple of guesticrs. Ne said this house �•��uici have to remedeied to the extent to make ii accessible -ce the handicapped, ji will have to meet the 5tate Building Code, Chapter 55, for th� the hand�ca�ped. He sai� th�y wouldn't have to put in restroom facii�ties for the handicapped, but they would have to put in a ramp, 1." in 20 rt., and t��e doors wiil have to be 3'1" wide. HP said that the typ° of storage they would have in this house might �.tie too heavy-a load for the floor structure of a resid�nt:ial building. Mr. Bell said that whatever f�ir. Nalu�tza`�c i�ad to do to meet the Godes wouid be don�. He.said ihere titi�ould be a solid waod 8' ferce. Mr. Boardman said tl�e storage of material co�ld be ro grea�er than 6'. Mr. Harris said there was a parking lot ta be put in in the f��ont. tfr. Boardman said �h�y s�rould be allowed to go wiLh five parkirg stalls at this time, witr� roori for f�ive +�ore if they shoul� be needed. MOTION by Peterson, seconded by Eergman, that the the Public f�earing on rezoning request, ZOA #75-07, by a vo?ce vot�, a11 GTating aye, Chair.maii Harris declared a� U:00 P.M. Planning.Corm��.ssion close Leroy T. Haluptzok. Up�n the Public Hearing closed � MUTION by Peterson, seconded yy Scott, that the Planning Conims.ssic;r. rPCO►n:ner. to Council approval of the rezonin_q request, ZDA_#175-07, by Leroy T. Flaluptzak, to rezonr-. Lot 18, B1ock 2, Central View Manor Addition, except the East 125 fee� " ther4of, f.-rom C-1S (local shopping areas) tv M-Z (light industrial arEas), tl�a ` sarne being 1240 73 1/2 Avenue N.E. with the stipuJ_ation that application bc- made tv rezor.� Lot 17, B1vck 2, Central Viea� l�anor,. frora C-1S to M-Z a1so. UPON a � voicG vote, a11 votiiiq a�e, tLe motion carriec3 unanimousZy. �` Mr. Q�rg!�=r said that h� had r;� cbjection to this �ro�erty bein� rez.�nnd but h� still felt awkward because the commerc�al� operation i;hat was described 29 ..,�.,��:.:.� � < Plannin. Cq ommission Meeting_- Januar� 21, 1976 �� Paqe �_ couldn't be in a cornmercial zone. . . __ Mr. Harr�is said h° believed �this v�las a quirk in our. zoning ordinance. Mr. Peterson said he agreed with Mr. B�rgman but we can't hold up thn pe�iticner, while we change the Code. HP said the petitioner see�red happy to operate u,,der the existing Code. 2. PUBLIC HEARING: REQUEST FOR A�PECIf�L USE PERMIT, �P �t75-29, QY 1..EROY , T. HALUPTZ01:: Per Fridley City Code, Section 205.�31, 3, A,8 t� �ilow the sale of parts for antique autos in f�7-1 Zoning {1�ght indus�rial areas) �located on Lot 18, Bloc� 2, Central Avenue Additien, except the tast • 125 feet thereof, the same bei�g 1240 73 1/2 �,vei�ue t�.E. MOTIOIJ by Peterson, seconded by Eerc�man, that thc Plannin, Camrr�ission open the Public Hearing �n =ne request for a Special Use Permi�, SP #75-29, }�y teroy T. Ha.Iuptzok. Upon a voice vote, aI1 voting dye, Chairman Harris declared the PubZic Hearing open �?t °:03 P.1�1. P�r�. Bell said the Planning Camm�iss;�n F�a� alr�eauy di�cussed soin� af �t�e modifications that v�ould have �'to be made before t�is hoase could bc �sed far ihe sale of parts for ant�ique and classic auto parts. Chair;nan Narris i:o?d I�r. Bell �hat any sign they wanted for this busir�ess would be a separate permit and would h�ve to mee� the re�uiY�e►��ents of the sign ordinanc�. i�1r. Harris said ihat sometimes there was conf;,is+on rr,�hen somenne requested a Special Use Perr��i� 3nd a building per�nit that the .sigri pern�?t :�as separate also. Mr. PeLerson said that Cha�rman Harris had m�rtioned earlier i:hat ca�e shoul d be taken �i n app,�ovi ng the Speci ai Use Permi t and he ��roul d i i ke �r. Harris to state his thoughts on this matter. Mr. Narris said he thousht there �hould be stipulations tha� there F,e ne a� smanti i ng or stri pp� ng of auiomcbi 1 es on Lf�e premi ses . Ti��re sf�oul �� also be no baling aliowed. Mf,. Boardman said that therz should be ro junk yard operation, just the storage of parts to be sold. Mr. �?ar•r7s said there should not be storage of old cars or any restoratio�� doi�e on -the �remises. These were a�l stipulations that he would like �a see on t�+is permit. htr. Bel i sai d that from what t�lr. consistent wii:h what he olani?ed to do any objection -co these sti�ulations. HaluptzeK �old h;n�, this ��ou�d �e , on thi� property, so there �ti��ul�in't �e MOTIOh' bg Peterson. seccr_ded �y Langenfel3, that the Pu?b:_c He:xi'ing h� closed on the re,i�est fcr a SFec�.a? Use Perm.� t, Sp #75-29, bt,* Lemy ?'. Ha1vPt.�o_k, Upon a voice vot.e, a11 votiny aye, Chairman Fiarris declared che Public Flearing close.d at 9:10 P..'�. A70T.TON by �e.terso:i that the Planning Corr¢n?ssion rr-.cornr�a�d app,ovai' af the request for a 5'pec�'a_i Use Permit, SP #75-29, i�u Lexoy 1. H�'-%uP�ak ;�.Tith the stipulations that 1�ave been m.entioned and an� other stipu_iations thGt t1a•� staff tizauyht si�o�].d be inc�uded a2'ter further. research. ' Mr. B�ardmaii as{:ed i� ��e Planning Commission �tno�.�ght it �,�c�u�ri f:,e h�t�:�r• io state "to �n'ly a-11ow" insi:eaa of �ner�t�ioni��g al�l :the �h�ir�gs they ��r�ui�{,' � allow, such as as io�r� the s�oi�age �,nd sut�s of dis��ntied ��ai°ts �fur antique-�r1� 30 ��w�,� � . Plannin� Commission P1cetinc� - January 21, 1976 Page g cl�ssic cars. _Mr. Peterson WITHDREW his MOTION. MOTION by Langenfeld, seconded by Peterson, that the Planning Commission recommend approval to thP City Council of the request for a Special Use Permit_, SP #75-2°, by Ler.oy T. Haluptzok, as indicated by Fridley City Code Section 205.131 _3, (A,8) to allow the storage and sa�e of parts for antique cars on Lot 18, B1ock 2, Central View Manor Addi�ion, except the East 125 feet t�ereof, tlze same being 1240 73 1/2 Avenue N.E. with the stipulation that we make certain that the primary use be adhered to, with no dismantling being a1.Zowed on the premises. Mr. 6e11 said the ��aestion had come up previously on wha� was an �ntique cdr. He said i:hat this would include classic cars. � :gr. Langenfeld said he would amend the mot�on to include classic cars, seconded �y l�r. Petersor�. P9r. Boardman said �:he primary use under the Section of the Code stated �ays junk yard, and that was �he �peration ►�re didn't want to allow. h�r. Langenfeld said the wor4 pr�imary �ti�as used in the motion just to . denate that the primary use of the special use permit would be the szorage . and sales of antique and classic auto parts, not the primary use under this secti��n of the Code, but he didn't like the vrord "only". Mr, Bergman said ma��be �1iey couic� use "limited to" and then exclude the ather uses. Mir. • Boardrian said �i�ey could exc�ude dismantling epe��ations, restoration and ba�ing. w Mr. Lange:�feld 'vJ�mHDREW his MOTIOIJ, vrith the concurrence of Mr. Peterson, whc Yi�:d seconded the mc�tion. �I MDTION by Langenfel.d, seconded by Peterson, that the Planning Commission y reccm.-nend to Cour�ciZ appr�vaZ of the request�fvr a Special Use Permit, SP #� by Leruy T. HaJ_upzoY., per Fridley City Code, Se��tion 205.13I, 3, (A,8) in Pi-I zoning (1igh� iildustri�l areas) .tocatcd on Lot 18, Block 2, Central View A9anvr Addition, e.rcept the East .i25 feet thereof, the same being 1240 73 1/2 � I�ver_�ie N.E. This Special Use Permit limited to the storage and sales of � dismanticd parts for antique and c.Zassic cars, excluding any dismantling ope.�ation, restorat;.��.F or baling on the premises. Upon a voice vo�e, all voting aye, the motion carried unan�rnously. ; U LIC l;Er'�I:I^�G: F•.EQU�jT FOR A SPECI�'!! USF PERi�1IT, SP #75-30, EY REED CsECKLE�: Per Fridley L'�ity Coue, S�ction 205.IOi, 3, i�, to allo��d mobile , harne sales in C-ZS z�ning (general shopping areas) 1;o be located in the vicinity of the Southwest corner of the parking lot at Holiday Viilage � Pdorth,�on part of Lot 13, Auditor's Subdivisian No. 155, the same being ' 25�J 57th Avenue Pd.E. i�1r. Reed B�cker was present. h90TlON b� Peiersori, scconded by Langenfeld, that the Planning Corr•.mission• opan th� Public. ;le.�rir.g on a zequest for a. St�ecial Use Permit, SP #75-30, b t �eed �nckler. Jk�on a voice vote: all voting�ay�, Chairman I�arri� decZared he Public P.`ariny ouen at 9:18 P.h�,' 10 C AGREETiENT ON CONDITIONS FOR SPECIAL USE PERMIT, SP �{75-29, TO ALLOid FOR SALES & STORAGE"OF PARTS FdR ANTIQUE AND CLASSZC AUTOS I hereby understand and agree to the following conditions on the issuance of Special Use Permit, SP �75-29, to allow the sales and storage of parts for antique and classic cars located on Lot 18, Block 2, Central View Manor Addition, except the East � 125 feet thereof, a11 lying in the Idorth Half of Section 12, T-30, R-24, City of Fridley, County of Anoka, Piinnesota. _ 1. Special Use Permit �75-29 shall be limited to the storage and sales of dismantZed parts for antique and classic cars and will exclude any dismantling operation, restoration, or bailing on the premise. 2. The existing structure be brought up to present Uniform Building Code requireme.nts. Special note � be given to handicap and floor load requirements. 3. Ttee rear yard area will be screened by a solid �aood screening fence 8 feet in height. ,4. �A.11 exterior.storage of material must be located in the rear yard and shall not exceed a height of 2 feet be1�w the height of the screening fence. 5. A landscape plan must be submitted and approved by • the City Administration before a building permit : will be issued. An exterior developnent bond is required based on the final approved landseape plan. 6. Provisions for sufficient off-street parking sha1Z �r be prov'ided. Additional stalls will be provided c� - at the City's request. Failure to comply with these conditions will be cause for revoking Special Use Permit, SP �175-29. � - • �. �? � �� . _ �,? �� 7� �., . � � LEROY . HALUPTZO / DAT� �� . � � 32 . � � CffY OF FRIDLEY Date To: AGENDA ITEM CITY COUNCIL MEETING OF MAY 21, 2007 May 16, 2007 Wlliam Burns, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Manager Stacy Stromberg, Planner Subject: Preliminary Plat Request, PS #07-04, Bruce Westman - M-07-18 INTRODUCTION Bruce Westman, petitioner, is seeking to replat the properties at 100-110 Mississippi Place to reconfigure Lots 2 and 3, Block 2, Johnson's River Lane Addition, to create Lots 1 and 2, Block 1, Sarah Addition. Essentially this replat will change the property line from going west and east on these two parcels to north and south. The subject property is zoned R-3, Multi-Family. The R-3 section of City code states that "Lot requirements of this Section are for three (3) or more dwelling units. Two-family dwellings in this district shall be subject to the R-2 District regulations and one-family dwellings shall be subject to the R-1 District regulations." Since this lot consists of a two-family building, the R-2 regulations apply. Fridley City code requires that lots in the R-2 district be a minimum of 75' in width with a minimum total lot area of 10,000 square feet. The proposed Lots #1 &#2 will be 94.54 ft. in width and 15,574 square feet in size after the replat. The minimum lot area requirement of 10,000 square feet for a two-family dwelling unit has been met on the proposed plat. PLANNING COMMISSION RECOMMENDATION At the May 2, 2007, Planning Commission meeting, a public hearing was held for PS #07-04. After a brief discussion, the Planning Commissioner recommended approval of the preliminary plat request, PS #07-04, with the stipulations as presented. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMENDATION Since the Planning Commission meeting, City staff has received a letter from the Anoka County Highway Department stating that they want to restrict access along CSAH 1(East River Road) for the entire length of the subject property. Therefore, staff recommends that an additional stipulation be placed on the plat to dedicate right of access to Anoka County for the entire length of the eastern edge of the property. STIPULATIONS 1. Petitioner shall remove or reduce the height of the fence to 4 feet in the front yard on the west and east sides of the property prior to final plat approval. 2. Petitioner shall submit landscape plan to be reviewed and approved by City staff prior to final plat approval. 3. The line separating the two lots shall align with the party wall of the twin home. 4. Final plat shall show right of access along CSAH 1(East River Road) to be dedicated to Anoka County along the entire length of the eastern edge of the property. City of Fridley Land Use Application PS 07-04 May 2, 2007 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Bruce Westman 17758 Palm Street Andover MN 55304 Requested Action: Plat Purpose: To reconfigure lot lines Existing Zoning: R-3 Multi-Family Location: 100-110 Mississippi Place Size: Total area: 5,574 sq. ft. .36 acre Existing Land Use: Twin home Surrounding Land Use & Zoning: N: Vacant lot & R-1 E: East River Rd & ROW S: Single family home & R-1 W: Apt. Bldg & R-3 Comprehensive Plan Conformance: Consistent with Plan. Zoning Ordinance Conformance: Each lot will meet or exceed the City's R-3 zonina reauirements. Zoning History: 1961 - Lot is platted. 2002 — Duplex constructed. 2003 — 2 decks constructed. Legal Description of Property: Lots 2 and 3, Block 2, Johnson's River Lane Addition Public Utilities: Property is connected. Transportation: Mississippi Place provides access to the property. Physical Characteristics: Flat lot with very little landscaping. SUMMARY OF REQUEST The petitioner, Mr. Westman is seeking a replat to reconfigure Lots 2 and 3, Block 2 of Johnson's River Lane Addition to create Lots 1 and 2, Block 1, Sarah Addition. SUMMARY OF ANALYSIS City Staff recommends approval of this plat request. • The proposed change provides additional homeownership opportunities for Fridley residents CITY COUNCIL ACTION/60 DAY DATE City Council — May 21, 2007 60 Day Date — May 28, 2007 Existing Property Staff Report Prepared by: Stacy Stromberg PS #07-04 REQUEST Bruce Westman, petitioner, is seeking to replat the properties at 100-110 Mississippi Place to reconfigure Lots 2 and 3, Block 2, Johnson's River Lane Addition, to create Lots 1 and 2, Block 1, Sarah Addition. Essentially this replat will change the property line from going west and east on these two parcels to north and south. _ .� �� _ ��; � � , -�- ' �-' � , 1� �---�� 111 - �. � �. � � ��, ��mP �� , _� � ��_�_ — � � a � �__ f'�I� � � � � �r � �,�� ti � � ��, �� Properties are � , ;� �� _ � �� highlighted in a Circle — existing lot line goes west and east on the 2 parcels, replat will change the property line to north and south ANALYSIS The subject properties are zoned R-3, Multi-Family. The property to the west is also zoned R-3, Multi-Family and the properties to the north and south are zoned R-1, Single Family. The property east across East River Road is zoned C-1, Local Business. Prior to these properties being developed in 2002, the two parcels were part of the R-1, Single Family property to the south (111 64 %2 Way). They were always three separate parcels; however they were encompassed with one single family home and rear yard. In 2002, the property owner at the time of 111 64 %2 Way, decided to sell 100-110 Mississippi Place. As a result, the twin home was constructed on the property, which faces and receives access off of Mississippi Place. At that time, the property owner was told to combine Lots 2(100 Mississippi Place) and 3(110 Mississippi Place) of the Johnson's River Lane Addition, which separates the two lots by a west and east property line, to create 1 lot. Apparently that lot combination was never filed therefore; the petitioner is seeking the current replat request, to separate the lots with a north/south property line, which will then allow the property owner to sell the units individually. The petitioner is not proposing to change the current R-3, Multi-Family zoning. The R-3 section of City code states that "Lot requirements of this Section are for three (3) or more dwelling units. Two-family dwellings in this district shall be subject to the R-2 District regulations and one-family dwellings shall be subject to the R-1 District regulations." Since this lot consists of a two-family building, the R-2 regulations apply. Fridley City code requires that lots in the R-2 district be a minimum of 75' in width with a minimum total lot area of 10,000 square feet. The proposed Lots #1 &#2 will be 94.54 ft. in width and 15,574 square feet in size after the replat. The minimum lot area requirement of 10,000 square feet for a two-family dwelling unit has been met on the proposed plat. Ariel map of the area surrounding the proposed plat The existing twin home meets all setback and lot coverage requirements. However, the fence along the western and eastern property line is nonconforming as it is over the required 4 feet requirement in the front yard and the property also falls short of ineeting the City codes landscaping requirements. Staff plans to stipulate that the fence be reduced to 4 feet in the front yard and a landscape plan be submitted and approved by City staff prior to final plat approval. Staff Recommendation City Staff recommends approval of this plat request, with stipulations. • Does provide additional homeownership opportunities for Fridley residents. Stipulations City Staff recommend that if the plat is approved, the following stipulations be attached. 1. Petitioner shall remove or reduce the height of the fence to 4 feet in the front yard on the west and east sides of the property prior to final plat approval. 2. Petitioner shall submit landscape plan to be reviewed and approved by City staff prior to final plat approval. 3. The line separating the two lots shall align with the party wall of the twin home. � AGENDA ITEM CITY COUNCIL MEETING OF MAY 21, 2007 CffY OF FRIDLEI' INFORMAL STATUS REPORTS