The URL can be used to link to this page

09/09/2002 - 4758m � � CffY OF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 9, 2002 7:30 p.m. - City Council Chambers Attendance Sheet . ALFAS'F AR/NT NAMS, ADflRFSS AND /TFM NUMBFR YaU ARF /MTFRFSiFD /N. �, : . vr 0 � � CITY COUNCIL MEETING OF SEPTEMBER 9, 2002 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 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE. APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: 1. First Reading of an Ordinance Recodifying the Fridley City Code by Amending Appendix F to Provide for the Adjustment of Salaries for the Mayor and Councilmembers in Accordance with Section 2.07 of the Charter of the City of Fridley .................................................................... 1- 2 " 2. Receive the Planning Commission Minutes ofAugust 21, 2002 .......................................................................................... 3- 5 FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 9, 2002 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 3. Special Use Permit Request, SP #02-07, by Richard and Kathieen Kemper, to Allow a Second Accessory Structure, Generally Located at 7857 Alden Way (Ward 3) ........................................................................... 6- 9 4. Resolution Permanently Revoking the Tobacco License for James Nicklow and the Shorewood Restaurant Located at 6161 Highway 65 N.E. (Ward 2) ....................................................................................................... 10 - 13 5. Resolution Approving Plans and Specifications, Ordering the Improvement and Authorizing Adve�tisement for Bids: Municipal Garage Expansion Project No. 343 .............................................................................. 14 - 15 6. Resolution Supporting Improvements to Springbrook Nature Center Commencing of Fundraising Efforts by the Springbrook Nature Center Foundation ............................................................................... 16 - 18 0 7. Receive and Reject Bids for the Commons Park Parking Lot Phase I Improvement ProjectNo. 348 ................................................................................................ 19 - 20 � g FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 9, 2002 PAGE 3 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 8. Claims ....................................................................................................... 21 . 9. Licenses ....................................................................................................... 22 - 25 � 10. Estimates ...................................................................................................... 26 ADOPTION OF AGENDA. OPEN FORUM, VISITORS: Consideration of items not on Agenda —15 minutes. PUBLIC HEARING: 11. Public Hearing on a Zoning Text Amendment, ZTA #02-01, by the City of Fridley Amending Chapter 205, Sections 205.17, 205.18, 205.19, 205.20 and 205.25 Related to Outdoor Sto�age in Industrial Districts (Continued August 12, 2002) ............................................................................................................... 27 - 35 � ;A.. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 9, 2002 PAGE 4 NEW BUSINESS: 12. Variance Request, VAR #02-16, by Larry Reynoids, to Reduce the Required Rear Yard Setback from 32 Feet to 14 Feet to Allow the Expansion of an Existing Garage, Generaily Located at 6065 McKinley Street (Ward 2) ........................................................ 36 - 43 � ' 13. Informal Status Reports ..................................................................................... 44 ADJOURN. � . , ' � � / FRIDLEY CITY COUNCIL MEETING OF SEPT�MBER 9, 2002 � �� The City of Fridley wilt not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE. APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: First Reading of an Ordinance Recodifying the Fridley City Code by Amending Appendix F to Provide for the Adjustment of Salaries for the Mayor and Councilmembers in Accordance with Section 2.07 of the Charter of the City of Fridley .......................... 1- 2 R��n��s�`� aG � � � �`- Q � 2. Receive the Planning Commission Minutes of August 21, 2002 .......................... 3- 5 3. Special Use Permit Request, SP #02-07, by Richard and Kathleen Kemper, to Allow a Second Accessory Structure, C�nera!Iy Located at 7857 Alden Way (Ward 3) .......... 6- 9 ...._._ , l v s 4( Resolutio� Permanentl Revokin the Tobacco `t.icense�for James Nicklow and the Shorewood Restaurant Located at 6161 Highway 65 N.E. (Ward 2) ................................... 10 -13 _ � � P''�.-�� ,�� . ��. 5. Resolution Approving Plans and Specifications APPROVAL OF PROPOSED CONSENT AGENDA: ,� NEW BUSINESS (CONTINUED): �,�%�' � _____._ __ U�'' �� 6. esolution upporting Improvements to G,,/►Q�' ' ook Nature Center Commencing �n of Fundraising Efforts by the Springbrook Nature Center Foundation .............. 16 - 18 �i� Q�� -o`' � �D� _J- � 7. Receive and Reject Bids for the Commons Park Parking Lot Phase I Improvement Project No. 348 ............................... 19 - 20 Claims 9. Licenses 10. Estimates ADOPTION OF AGE .. 21 ..... 22 - 25 ................................. 26 P�� Pro�'0� �� a. �r� j'�� As� �13��/� � Q`- �� ng the Improvement and Authorizing �(� �� r a� ��ar �s{-- � m �;,�Cc.ae.� Advertisement for Bids: Municipal Garage �� /�. Expans' n Project No. 343 ............. 14 - 15 OPEN FORUM, VISITORS: Consider ti n o� e s n��n � �C` �p.r � S Agenda — 15 minutes. �`�� `� ��, ,� � a�b �� e � � ��.� �a�' � C: '� �� t � � � � �� a �-� FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 9, 2002 PUBLIC HEARING: �� {� �v��- �.� � 11. Public Hearing on a Zoning Text Amendment, ZTA #02-01, by the City of Fridley Amending Chapter 205, Sections 205.17, 205.18, 205.19, 205.20 and 205.25 Related to Outdoor Storage in Industrial Districts (Continued August 12, 2002) ............................................. 27 - 35 �� e,��- °� �� a° �� . ' � , �3 j!�-�� ,,,� � � �� .c� � b s � - QS � � �- - �/. c%�.�c�s l � � �� -,�.: � � T�l �(..e-� �S/' J GL l� �p �epc-u-�j `�. /� �. � `'� � %� � �' �$ � �j Q r-�v� d�s�— � pp �SS�,� C�� ag NEW BUSINESS: �� 1� � � �� 12. Variance Request, VAR #02-16, by Larry Reynolds, to Reduce the Required Rear Yard PAGE 2 Setback from 32 Feet to 14 Feet to Allow the �- ��- Expansion of an Existing Garage, Generally /1 .!� L'� S Located at 6065 McKinley Street /� � � � � �� /` �- � � � (Ward 2) .................................. 36 - 43 ,. �c� � _� ��J� I^'�-,�rn. o � �� 13. Informat Status Reports ..................... 44 ADJOURN. ��2.r� /v . �-c� � ,'�.(,L�„ ot- U -G-o,10 C� Ci1`^s �� • %d . � � 0. S C.�✓�;-�-� n rr�c,�-, ��'�-� /`e.0 �.,� �: �-�-e_�-e, . � S � 0 0 r � CfTY OF FRIDLEY TO: FROM: DATE: SUBJECT: AGENDA ITEM CITY COUNCIL MEETING OF SEPTEMBER 9, 2002 � William W. Burns, City Manager�� Deborah K. Dahl, Human Resources Director �� ' August 28, 2002 Council Salaries Attached for first reading is an ordinance to increase Council salaries by two percent (2%) effective January 1, 2003, and for subsequent years. The ordinance was prepared pursuant to Chapter 2.07 of the Fridley City Charter which states: Section 2.07.1 SALARIES AND EXPENSES. The Mayar and each Councilmember shall receive reasonable remuneration or salary, the annual amount and payment of which shall be prescribed by ordinance duly adopted on or before November 1 st of the year preceding payment of the same. When authorized by the Council, its members shall be remunerated for their reasonable expenses incurred in connection with the City's business. The City Manager and all subordinate officers and employees of the City shall receive such reasonable compensation as may be fixed by the Council. Staff recommends Council's approval of the first reading of this ordinance. Attachment 1 � � ORDINANCE NO. A1�1 ORDINANCE RECODIFYING TI� FRIDLEY CITY CODE BY A�I�NDING APPENDIX F TO PROVIDE FOR TI� ADJUSTMENT OF SALARIES FOR TI� MAYOR AND COUNCILMEMBERS IN ACCORDANCE WITH SECTION 2.07 OF THE CHARTER OF THE CITY OF FRIDLEY The City Council of the City of Fridley does hereby ordain as follows: T'he annual salaries for the Mayor and Councilmembers during 2003 and subsequent years shall be as follows: Mayor $ 9,636.96 Councilmember-at-Large $ 7,915.69 Councilmember, Ward I $ 6,998.22 Councilmember, Ward II $ 6,998.22 Councilmember, Ward III $ 6,99822 In addition, the Mayor and Councilmembers shall be entitled to the same benefits enjoyed by full-time authorized employees of the City of Fridley. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF . 2002. ATTEST: DEBRA A. SKOGEN - CITY CLERK First Reading: September 9, 2002 Second Reading: Publication: 2 SCOTT J. LUND - MAYOR . � � CITY OF FRIDLEY PLANNING COMMISSION MEETING, AUGUST 21, 2002 CALL TO ORDER: Chairperson Savage called the August 21, 2002, Planning Commission meeting to order at 7:30 p.m. ROLL CALL: Members Present: Diane Savage, Barb Johns, David Kondrick, Larry Kuechle, Dean Saba Members Absent: LeRoy Oquist, Brad Dunham Others Present: Paul Bolin, Planning Coordinator Stephanie Hanson, Planner Richard and Kathleen Kemper, 7857 Alden Way APPROVE THE AUGUST 7 2002 PLANNING COMMISSION MEETING MINUTES: MOTION by Mr. Kondrick, seconded by Mr. Kuechle, to approve the August 7, 2002, Planning Commission meeting minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING: Consideration of Special Use Permit, SP #02-07, by Richard and Kathleen Kemper, to allow a second accessory structure (garage), generally located at 7857 Alden Way. MOTION by Mr. Kondrick, seconded by Mr. Saba, to waive the reading and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 7:32 P.M. Ms. Hanson stated that the petitioners are seeking a special use permit to construct a 600 square foot accessory building. Code requires a special use permit to allow accessory buildings other than the first accessory building over 240 square feet. The total square footage of accessory structures are not to exceed 1,400 square feet. The total square footage of all existing and proposed structures on this site is 1,200 square feet. Also the petitioners will be seeking a variance from the Appeals Commission on August 28. This is to recognize an existing non-conformity reducing the required side yard setback from 25 feet to 13 feet to allow a new accessory structure to be constructed to the same setback. Ms. Hanson stated staff recommends approval with the following stipulations: 1. The petitioner must install a code-approved hard surface driveway by July 20, 2003. 2. The petitioner shall obtain all necessary building permits prior to construction. 3. The structure shall not be used for home occupation or living area. 4. All vehicles shall be stored on a hard surface area as required by the City. � PLANNING COMMISSION MEETING, AUGUST 21, 2002 PAGE 2 5. The totai square footage of all accessory structures must not exceed 1,400 square feet. 6. Accessory buiidings shall be architecturaily compatible with the existing home and finished with the same siding and color scheme. 7. Accessory structures must meet proper setback if variance, VAR #02-14, is not approved. Mr. Kuechle asked if stipulation #5 should say 1,200 square feet. Mr. Bolin stated that the code allows up to 1,400 square feet total. The petitioners are proposing 1,200 square feet. By restating what the code already states, it would allow them, if needed in the future, to put a 200 square foot shed on the property as well. Mr. Richard Kemper, 7857 Alden Way, stated he has lived here for 25 years. He has no problem with the stipulation. Mr. Kondrick asked if any neighbors expressed any concern. Mr. Kemper stated their neighbors have no concerns. Ms. Savage asked if any neighbors have expressed any concerns to City staff. Ms. Hanson stated staff has not heard from any neighbors. MOTION by Mr. Kondrick, seconded by Mr. Kuechle, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 7:40 P.M. Ms. Savage stated she has no problem with this request as it conforms to code. Mr. Kondrick stated the house and garage have been here a long time, and he would be willing to approve the special use permit request. MOTION by Mr. Kuechle, seconded by Mr. Kondrick, to recommend approval of SP #02-07 with the following stipulations: 1. The petitioner must install a code-approved hard surface driveway by July 20,2003. 2. The petitioner shall obtain all necessary building permits prior to construction. 3. The structure shall not be used for home occupation or living area. 4. All vehicles shall be stored on a hard surface area as required by the City. 5. The total square footage of all accessory structures must not exceed 1,400 square feet. 6. Accessory buildings shall be architecturally compatible with the existing home and finished with the same siding and color scheme. 7. Accessory structures must meet proper setback if variance, VAR #02-14, is not approved. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Kondrick asked when Mr. Kemper was going to start building. 0 � 0 PLANNING COMMISSION MEETING, AUGUST 21, 2002 PAGE 3 Mr. Kemper stated that he would like to have it done before the snow falls. Mr. Kuechle asked when this would go to the Appeals Commission. Mr. Bolin stated that it would go to the Appeals Commission on August 28. ADJOURNMENT: MOTION by Mr. Kondrick, seconded by Ms. Johns, to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE AUGUST 21, 2002, PLANNING COMMISSION WAS ADJOURNED AT 7:44 P.M. Respectfully submitted, ` e� Sign L. Johns � Recording Secretary 5 r a Cl7Y OF FRIDLEY Date: To: AGENDA ITEM CITY COUNCIL MEETING OF SEPTEMBER 9, 2002 September 9, 2002 William Burns, City Manager � � From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stephanie Hanson, Planner Subject: Special Use Permit Request, SP #02-07, Richard & Kathleen Kemper M-02-105 INTRODUCTION Richard and Kathleen Kemper are seeking a special use permit to allow the construction of a 600 square foot second accessory building. The building will be used for storage of classic automobiles. PLANNING COMMISSION RECOMMENDATION At the August 13, 2002, Planning Commission meeting, a public hearing was held for SP #02-07. After a brief discussion, the Planning Commission recommended approval of special use permit, 5P #02-07, with the stipulations as presented. THE MOTION CARRIED UNANIMOUSLY. APPEALS COMMISSION RECOMMENDATION At the August 28, 2002, Appeals Commission meeting, a public hearing was held for variance #02-14. After a brief discussion, the Appeals Commission recommended approval of variance #02-14, with the stipulations presented. THE MOTIION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMNEDATION City Staff recommends concurrence with the Planning Commission. STIPULATIONS 1. Petitioner shall obtain all necessary permits prior to construction. 2. The structure shall not be used for a home occupation or living area. 3. Total square footage of all accessory structures must not exceed 1,400 square feet. 4. Garage shall be architecturally compatible with existing home and finished with a complementary siding and color scheme. �� . City of Fridley Land Use Application SP #02-07 August 13, 2002 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Richard and Kathleen Kemper 7857 Alden Way Fridley, MN 55432 Requested Action: Special Use Permit to allow a second accessory structure over 240 square feet. Existing Zoning: R-1 (Single Family Residential) Location: 7857 Alden Way Size: Approximately 10, 668 sq. ft Existing Land Use: Single family home. Surrounding Land Use & Zoning: N: Single family & R-1 E: Single family & R-1 S: Single Family & R-1 W: Single Family & R-1 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Sec. 205.07.1.C.(1) requires a special use permit to allow accessory buildings other than the first accessory building, over 240 square feet. Zoning History: 1969 — Home is built Legal Descriprion of Properfy: Pearson Craigway Estates, id Addition. Public Utilities: Home is connected. Transportation: Bellaire Way provides access to the residence. Physical Characterisrics: Typical suburban landscaping. 7 SUMMARY OF PROJECT Nir. And Mrs. Kemper, petitioners, aze seeking a special use pemut to allow the construcrion of a 600 square foot accessory building. SUMMARY OF ANALYSIS City Staff recommends approval of this special use permit, with stipulations. Second accessory buildings over 240 square feet are a pemutted special use in the R-1 zoning district, provided the total square footage of all accessory buildings doesn't exceed 1,400 square feet. The current two-stall garage is 600 square feet and the proposed accessory structure is 600 square fee� The total of all accessory buildings, e�sting and proposed is 1,200 squaze feet. Petitioners were also seeking a variance, from the Appeals Commission, to reduce the required side yard setback of an accessory structure from 25 feet to 13 feet, to recognize an existing non-confomuty and to allow a new accessory structure to be constructed to the same setback. CITY COUNCIL ACTION/ 60 DAY DATE City Council — 9/9/02 60 Day — 9/16/02 (Location of Proposed Garage) Staff Report Prepared by: Paul Bolin and Stephanie Hanson G Sp }'i�2'� / RE UEST The petitioners, Richard and Kathleen Kemper are seeking a special use permit to allow the construction of a 600 square foot second accessory building. The building will be used for storage of classic automobiles. ANALYSIS The property is located on Alden Way. Bellaire Way provides access to the existing garage and to the proposed accessory structure. The existing home and garage were built in 1969. ,�, .,�. �..: _ : o- ��a � -: � ___. .._ �_ __.: __ —.:- Existing home with attached garage Accessory structures over 240 square feet are a permitted special use in the R-1 zoning district. The existing two-stall garage and the proposed accessory structure are a total of 1,200 square feet, which is 200 feet less than the total allowed by Code. - The petitioners were also seeking a variance to reduce the required side yard setback of an accessory structure from 25 feet to 13 feet. The variance is to recognize an existing ' non-conformity and to allow a new accessory structure to be constructed to the same setback. The Appeals Commission heard the variance on August 28, 2002. City staff has received no comments from neighboring property owners. :� . t� 0 0 Stde yard of property RECOMMENDATIONS City staff recommends approval as secondary structures are permitted under special use permit in the R-1 Single Family District. STIPULATIONS Staff recommends that if the special use permit is granted, the following stipulations be attached. 1. Petitioner shall obtain all necessary building permits prior to construction. 2. Petitioner must install a code approved hard surface driveway by June 30, 2002. 3. The structure shall not be used for a home occupation or living area. 4. All vehicles shall be stored on a hard surface as approved by the City. 5. Total square footage of all accessory structures must not exceed 1,400 square feet. 6. Garage shall be architecturally compatible with existing home and finished with same siding and color scheme. 7. Accessory structure must meet proper setbacks if variance #02-14 is not approved. �� CRY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF September 9, 2002 To: William W. Burns, City Manager�� From: Date: Re: David Sallman, Police Chief Lynne Tellers, Captain September 6, 2002 Resolution Revoking Tobacco License for James Nicklow and the Shorewood Restaurant Located at 6161 Highway 65 NE On March 19, 2002 a tobacco compliance check was done in the city of Fridley to all 34 of the tobacco licensees. Shorewood Restaurant and its employee Tammy Sue Bachman did not pass the tobacco compliance check. Fridley City Code allows for immediate revocation of the tobacco license if a licensee voluntarily withdraws from the Administrative Process. Mr. Nicklow has refused to participate by not paying fine or participating in an administrative hearing. His employee has also refused to pay the administrative fine or seek an administrative hearing. The employee has been charged with a criminal violarion of Minnesota State Statutes 609.685, Subd. la. Her case is pending a court disposition. Section 12.08(A)(2) of the Fridley City Code states: "Licensee. At any time prior to the payment of the administrative penalty as is provided for hereafter, the licensee may withdraw from participation in the procedures in which event the City may perma nently revoke the licensee's tobacco license in accordance with the law. Based on correspondence with Mr. Nicklow, we believe he has withdrawn from the process. As state law does not provide a criminal process for an establishment or its owner, we belie�e the only recourse is to revoke the license. Attached is a resolution that was prepared by staff and reviewed by the city attomey outlining the case against the Shorewood Restaurant and fmdings of fact to permanently revoke the tobacco license of James Nicklow and the Shorewood Restaurant located at 6161 Highway 65 NE. 10 Resolution No. - 2002 A RESOLUTION PERMANENTLY REVOKING TOBACCO LICENSE FOR JAMES rTICKLOW AND THE SHOREWOOD RESTAURANT LOCATED AT 6161 HIGHWAY 65 NE WHEREAS, Minnesota State Statutes section 461.12, Subd. 1, authorizes a home rule charter city to license and regulate the retail sale of tobacco, as defined in Minnesota State Statutes section 609.685, subdivision 1, and Minnesota State Statutes secrion 609.685 makes it a misdemeanor to sell tobacco to a person under the age of 18 and which allows for more stringent local regularion upon the adoprion of a local ordinance; and WHEREAS, the City of Fridley adopted local Ordinance No. 1084 on November 25, 1996, now known as "Fridley City Code Chapter 12. Tobacco Products", that requires a license to sell tobacco products to an individual and establishment in the City of Fridley, and defines prohibited acts, penalties and consequences for any violation thereof; and WHEREAS Minnesota State Statutes Secrion 461.12, Subd. 5, requires a licensed authority to conduct unannounced tobacco compliance checks at least once each calendar year at each location where tobacco is sold to test compliance with Minnesota Statutes section 609.685; and WHEREAS, it has been the practice of the Fridley Police Department, in enforcing the aforesaid Ordinance, to conduct a minimum of two tobacco compliance checks a yeaz for the past four years; and WHEREAS tobacco compliance checks were conducted in the City of Fridley on March 19, 2002, between the hours of 4:30 p.m. and 830 p.m., on each of the 341icensees located within the City and 32 of the 34 were in compliance; and WHEREAS, on March 19, 2002 at 6:30 p.m., a compliance check was done at the Shorewood Restaurant (and its employee Tammy Sue Bachman) and said licensee sold cigarettes to a minor acting on behalf of the City of Fridley as part of the compliance check process, wluch incident and process is documented in the Fridley Police Department Incident Report, Case #J02-55743, which is attached hereto and incorporated by reference; and WHEREAS, on March 26, 2002, letters were mailed to Licensee James A. Nicklow and employee Tammy Sue Bachman at the Shorewood Restaurant at 6161 Highway 65, Fridley, Mir►nesota, 55432, notifying them of the first violation of the tobacco compliance check, penalty, and appeal process as required in Section 12.08 of the Fridley City Code; and WHEREAS, letters addressed to the City were received from James Nicklow and Tammy Sue Bachman dated Apri14, 2002, to Captain Lynne Tellers denying the allegation that the employee Tammy Sue Bachman and licensee James Nicklow Owner of the Shorewood Restaurant sold tobacco to a minor during a routine tobacco compliance check on March 19, 2002 and notifying Captain Tellers to proceed with a formal complaint in this matter; and WHEREAS, letters from Captain Tellers to James Nicklow and Tammy Sue Bachman were written and mailed on Apri19, 2002, clarifying the facts of the police report for the unsuccessful tobacco compliance check occurring on March 19, 2002 thereby giving them another opportunity to appeal their case to an Administrative Hearing Officer to Apri130, 2002; and 11 ,�..� �. Resolution No. _- 2002 Page 3 WHEREAS, letters from James Nicklow and Tammy Sue Bachman dated Apri123, 2002, to Captain Lynne Tellers and received on May 3, 2002, again denied the allegarions of the unsuccessful tobacco compliance check of March 19, 2002; and WHEREAS on May 6, 2002, in a telephone call between Captain Lynne Tellers and James Nicklow, Mr. Nicklow again denied the allegation of having an unsuccessful tobacco compliance check and reiterated that the City should pursue the matter as needed; and WHEREAS, a letter dated August 21, 2002, to James Nicklow from Captain Lynne Tellers was hand delivered by Community Service Officer Zuehlke on August 23, 2002, to Megan Foy at the Shorewood Restaurant in Mr. Nicklow's absence, notifying Mr. Nicklow of the City Council's intent to consider permanent revocation of his Tobacco License on September 9, 2002, as allowed by Fridley City Code Section 12.08.A.2. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Fridley after listening to all of the facts presented hereby makes the following FINDINGS OF FACT: 1. That the City of Fridle y Police Department did act within the state law when conducting an unannounced tobacco compliance check as required by M.S. 461.12, subd. 5; and 2. That licensee James Nicklow and Shorewood Restaurant did on March 19, 2002, unsuccessfully complete the tobacco compliance check and sell tobacco products to a minor as reported in Fridley Incident Report Case #J02-55743; and That a letter was mailed to the licensee of the unsuccessful tobacco compliance check of March 19, 2002, the City of Fridley administrative penalty and the process of appeal as described in Fridley City Code Section 12.07, 12.08 and 12.09, and 4. That based on the letters and telephone conversarion between the licensee James Nicklow and Captain Lynne Tellers, the licensee voluntarily withdrew from the City of Fridley administrative proceedings; 5. That by the licensee voluntarily withdrawing from the process, Fridley City Code secrion 12.08.A.2. states that, "the City may permanently revoke the licensee's tobacco in accordance with law; and 6. That adequate notice was given to James Nicklow and the Shorewood Restaurant of the actions that would be taken by the City Council to review the status of the Shorewood Restaurant's tobacco license and considerarion of possible revocation of the license. BE IT FURTI�R RESOLVED THAT based on these findings the City Council of the City of Fridley hereby permanently revokes the Tobacco License to James Nicklow at the Shorewood Restaurant located at 6161 Highway 65 NE as allowed by Fridley City Code Chapter 12. Attest: Debra A. Skogen, City Clerk 12 Scott J. Lund, Mayor ZNCIDF�I+TT ��f/11� !. � °�'�M-•'":�:�-,±�v';S �:+:; � � � ^: cY.��: �p?-55743 �'�_�"_::I��:;L�� E??!.:�:'..�_�;T � � a�¢s . . . - - < _ � �W�;.. c�.v �_ .r-.r:c �+�haccn C'amp�iartcelOrdinance '�'ioiatioB �1�3Y „, . _ � ..... _... __ . _.`r i;.G � .. . z � .. �.::� , :'.9« :t:;.t . _`.'1''. ��:"!_ «. _. ?:L�Si►* �T� :�'i: 1 ` �i• � i� � �l,f� 1 �34� f:i PCtSOP1 �;,'_ •:�:,......� �_.'�: �t��G=�.�:^ � �_ _�;;" � 4;'(:r� t 823 _ _.. ., _.. ._� .. _ � . ,, .� :,� �_,:, ;��:.� r,1 � F-i �'t �� Shc3rb4�•oetti t 1 .-_:_ ,�. ,. �. ;��: ?.�°� .. �:� ��;� r� � :c�� ,fF3:�.�1.�?�W --�:- �-: .---_ _-- :..,;:�� .. ._., _. __� 1 ; � k � Y� C:c�° ��Frc�l�+.• -_�_.�}: � --.:,.�;� r�� -: - -_': -___ ��;:; c'�;3r4r T}l?�S: L�ts` ;:JCf ��=)v Ci: _ �t��-�na d�1�0 rs =:,:.::� c. .��:-: -.�___._:°i4 ..._---- ,..:.�r`+�--<'s?:nCV�i:. Ye's:,�: �::.,�v�:�:� : :3: � � .� `v':i:... �. �`, : :rn.":i�.v' _.-c�-� _ _ ._ _.__._-----...__._--------__ _ ---- —__ __ _ . . . . _.. _ . _':�'_ - ' -.' - � ::�� L��. C;h-��-�i:e* - rr.�iiGV �'c�l:c� i3epa.nm�nY , c ^.:�y �:z�wrc:: Tarr��,� �:�� Sact�;-nan �Q�3�'Oi,'19fi1} 2?�509 Inca St. 5t. Francis. �i`. S�Oi4 , - . ...:. ., :.��°_ �; �' . t}_�? ;`' �'�'_ �t l�� h��:r�. u•� �z�ar� eh�cicin� businesses for tabac;.o cQrnpl:�n�e. :�t I B�� hours, w�e amyed at the �boti .?4s::��sri u:t�: i-oth ��: �� e�tcrc�i tht bu5�ne$s in an at�em�t to ptu'ch.se a p�ck af cig�rett�s. �&��XItC� L�' ,::�:e eus:ness a��3�s� m::tuces i�tsr :nd � was itoiding a pactc of I�Iaribara R�d ci�arcttts. I ask�d �about the ineidenz ar. ��,•v ��;pi�i-�eci that she em�l�v�e�'bart�der r�eithec �skt�i ak�ut her a�e nor asked t� see h�r iden.tificatian. 'iY:e �rrpto�c 1��epi�d thz :n�n�y tar the ci�aretzas a�td then �urne�! oo th� cig�r�ette rnachine l�� remote at t1�c E}ar_. � descria�eci c:�e cmpldy�z as a fernsEe bart�nder with blonde hair wearing a s�ark3y, btack shirt. i entsred the bts�iness ar. -k�h• c�:c suspe�t ti��orking'xhin�i the bar. I i�entificd myself as a FridEe} Polic� Off'icet` and explsi�zed the situation. I ideat`cftt ;;�� s�»sprct`empla�e� as Ta�srm.y S�te Bachman with hcr I4fN. phqio idcntifs�atiott card. BacE�nan ssid it rnras the �tart of h� shi a^� she did �c�t reaily t�ink abvut it, i ex�slained that the City of Fridley w�uld contact her reg�rding th� ssIe. i als� leti a coF ��i t�� ridi��r Cit�� Codc Ch�pc�er iZ with BacEtrnan: t�,Iac.d thz eigarettes intcr e�:iderscE. �e:�t�� ase ��zmb�r 102_��3�9. �+� .� l�aao se",.o !wwss.,.sa�.� 6s.-.,.:t a�nlr Msae! � � GTY OF FRIDLEY TO: FROM: DATE: SUBJECT AGENDA ITEM CITY COUNCtL MEETING OF SEPTEMBER 9, 2002 William W. Burns, City Manager �1' Jon .I��Hau/kaas, Public Works Director September 4, 2002 Municipal Garage Addition Project No. 343 PW02-070 Within our 2002 General Capital Improvement Project budget, we have identified funds for an expansion at the Fridley Municipal Garage. This addition will provide new o�ices for the superintendent, the division supervisors, a new reception area and conference room, and a new lunch room/training area. The older portion of the building used for offices and lunch room is to be remodeled into locker rooms and bath rooms to properly accommodate the full time and seasonal personnel. The construction estimate provided by Oertel Architects came to approximately $600,000 including a sprinkler system for the entire building as now required by the recently adopted Chapter 1306 of the State Building Code. $650,000 was budgeted for this project. Recommend the City Council adopt the attached resolution authorizing the staff to advertise for the Municipal Garage Addition Project No. 343. Jxx:�Z Attachment 14 RESOLUTION NO. - 2002 RESOLUTION APPROVING PLANS AND SPECIFICATIONS, ORDERING THE IMPROVEMENT AND AUTHORIZING ADVERTISEMENT FOR BIDS: MU1vICIPAL GARAGE EXPANSION PROJECT NO. 343 WHEREAS, the City Council has recognized the need for additional personnel space at the Fridley Municipal Garage Facility, and WHEREAS, the City Council on June 24, 2002 retained the services of Oertel Architects to design the Municipal Garage Expansion at a cost of $51,500, and WHEREAS, the plans and specifications have been prepared for the construction of a building addition, including locker rooms, bathrooms, lunchroom, offices, reception azea, and conference room at the Fridley Municipal Garage. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Fridley, Anoka County, Minnesota, as follows: That an expansion of personnel space at the Municipal Garage shall be constructed and the work involved in said improvement shall hereafter be designated as: MUr1ICIPAL GARAGE EXPANSION PROJECT NO. 343 2. The plans and specifications prepared by Oertel Architects for such improvements and each of them, pursuant to the Council action heretofore, are hereby approved and shall be filed with the City Clerk. 3. The work to be performed under the Municipal Garage Expansion Project No. 343 be performed under one contract. The Director of Public Works shall accordingly prepare and cause to be inserted in the official newspaper advertisement for bids upon making of such improvements under such approved plans and specifications. The advertisement shall be published for two (2) weeks (at least 10 days), and shall specify the work to be done and will state that bids will be opened at 2:00 p.m. on Tuesday, October 8, 2002, in the Council Chambers of City Hall, and that no bids will be considered unless sealed and filed with the Director of Public Works and accompanied by a cash deposit, bid bond, or certified check payable to the City of Fridley for five percent (5%) of the amount of such bid. That the advertisement for bids for MiJrtICIPAL GARAGE EXPANSION PROJECT NO. 343 be substantially standard in form. PASSED AND ADOPTED BY T'HE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 9�"{ DAY SEPTEMSER, 2002. ATTESTED: DEBRA A. SKOGEN - CI'TY CLERK SCOTT J. LUND - MAYOR 15 ....� � � � QTY OF FRIDLEY TO: FROM: SUBJECT: DATE: AGENDA ITEM CITY COUNCIL MEETING OF SEPTEMBER 9, 2002 The Honorable Mayor and City Council William W. Burns, City Manager�� Springbrook Nature Center September 6, 2002 Here is the resolution that supports the concept of improving the facilities at the Springbrook Nature Center and authorizes the Springbrook Nature Center Foundation to seek funds far phase one improvements. There has been one small, non-substantive change made since you saw this last. At the request of the Foundation, we have added the words "Gateway Project" after the words Springbrook Nature Center. This was done after the fourth bullet in the "be it resolved" section of the resolution. Attachment 16 0 RESOLUTION NO. - 2002 RESOLUTION SUPPORTING IMPROVEMENTS TO SPRINGBROOK NATtiRE CENTER AND COMMENCING OF FUNDRAISING EFFORTS BY THE SPRINGBROOK NATURE CENTER FOUNDATION WHEREAS, the Springbrook Nature Center is a 127-acre, City of Fridley park that provides year-round opportunities to experience and learn about nature; and WHEREAS, the Springbrook Nature Center is an environmental education center that serves school groups, community organizations and families; and WHEREAS, the Springbrook Nature Center serves Fridley residents with enjoyable and educational programs, hands-on exhibits and nature center facilities; and WHEREAS, the Springbrook Nature Center Foundation is a local non-profit organization dedicated to supporting the overall planning, development and management of the Springbrook Nature Center; and WHEREAS, the Springbrook Nature Center Foundation has expressed a desire to raise funds to support a Gateway Entrance area project to improve facilities at the Springbrook Nature Center; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Fridley supports the concept of improving facilities at the Springbrook Nature Center and authorizes the Springbrook Nature Center Foundation to seek funds for the purpose of making the improvements outlined in Vision Package No. 1. BE IT FURTHER RESOLVED, that the City Council of the City of Fridley supports this project with the following understanding: 1. That the improvements for this project will be completed without City of Fridley dollars for capital expenditures or additional operating costs associated with the improvements. 2. That the City staff will review and approve presentation and promotional materials for the phased improvements at Springbrook Nature Center. 3. That the fundraising effort is for Vision Package No. 1 only. ' 4. That all funds raised for construction and operation of the Springbrook Nature Center Gateway Project will be deposited with the City of Fridley and set aside in a separate Springbrook Nature Center Gateway Project improvement fund. 17 Resolution No. Page 2 5. That at the completion of fundraising for Vision Package No. l, the Foundation will present a detailed presentation of the plan for Vision Package No. 2 before any fundraising for that phase commences. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 2002. ATTEST: DEBRA A. SKOGEN, CITY CLERK : SCOTT J. LUND, MAYOR � / � UTY OF FRIDLEY TO: FROM: DAT'E: SUBJECT: AGENDA ITEM CITY COUNCIL MEETING OF SEPTEMBER 9, 2002 William W. Burns, City Manager�l' Jon H. Haukaas, Public Works Director Layne Otteson, Assistant Public Works Director September 5, 2002 Commons Park Parking Lot Phase I Improvement Project No. 348 PW02-072 Bids were opened for the Commons Park Parking Lot Phase I Improvement Project No. 348 on Friday, September 5, 2002. Plans and specifications were sent to 9 contractors and 5 bids were received. All bids were significantly in excess of the $'10,000 budgeted in the 2002 Capital Improvement Program. Recommend the Ciry Council receive and reject the bids and direct the Engineering Division to develop a project of reduced scope to be constructed in 2003. LLO/JHH:cz Attachment /� BID FOR PROPOSALS COMMONS PARK PARI�NG LOT PHASE I RECONSTRUCTION PROJECT NO. 348 SEPTEMBER 6, 2002,10:00 A.NI. ,�. �.� � V �, Park Construction Granite Re Inc $104,170.60 7900 Beech Street NE Minneapolis MN 55432-1795 Hardrives Inc AIA $109,637.75 14475 Quiram Drive Rogers MN 55376-9461 Central Landscaping Inc AIA $110,790.00 13655 Lake Drive Forest Lake MN 55025 W. B. Miller, Inc AIA $128,076.75 6701 Norris Lake Road NW Elk River MN 55330-8459 Ron Kassa Construction Inc Old Republic $165,952.50 6005 250th East Ellco MN 55020 Allied Blacktop Co. NO BID 10503 89th Ave N Maple Grove MN 55369 Belair Builders Inc NO BID 2200 Old Hwy 8 NW New Brighton MN 55112 North Valley Inc NO BID Bldg B Ste 203 4105 85th Ave N Brooklyn Pazk MN 55443-1911 Northwest Asphalt Inc NO BID 1451 Stagecoach Road Shakopee MN 55379 20 � � CfTY OF FRIDLEY - AGENDA ITEM COUNCIL MEETING OF SEPTEMBER 9, 2002 CLAI MS �07082- 21 �07289 � t CffY OF FRIDLEY Type of License FOOD LICENSE Oriental House 5865 University Ave NE Fridley, MN 55432 AGENDA ITEM CITY COUNCIL MEETING OF SEPTEMBER 9, 2002 LICENSES � Approved By Paul Gasao Public Safety Fire Inspector Community Development 22 Fees $45 � � _ _ _ _ _ _ _ _ _ ..:x, � . . � f � ' City of Fridle AGENDAITEM City Council Meeting Of Monday, September 09, 2002 � Electrical Christopher Electrical Contractors 13039 Isanti St Raymond Christopher Blaine MN 55449-4941 K & M Electric Inc 2208 Lois Dr Michael Read Mounds View MN 55112-1263 General Contractor-Commercial C70 Builders inc 2958 N Cleveland Ave Brent Krause Roseville MN 55113- General Contractor-Residential Arrow Roofing (20149748) 4938 Welcome Ave N Greg Rood Crystal MN 55429- Craftsmen Exteriors Inc (20270884) 7455 France Ave S#194 Dan Bydlon Edina MN 55435- East Central Basement Waterproofing (20168785) 2094 220 Ave Darrell Kringen Mora MN 55051- Johnson Milton Company (2083) 525 Lowry Ave NE Bruce Erickson Minneapolis MN 55418- Meadow View Homes Inc (20024837) 14621 Aberdeen St NE Jeffrey Cruz Ham Lake MN 55304- 23 Aaproved Bv: State of MN State of MN Ron Julkowski Building Official State of MN State of MN State of MN State of MN State of MN � Murphy Bros Building 8 Remodeling (3416) 1613 93 Ln NE John Murphy Blaine MN 55449 New Covenant Construction (20006112) 2534 Cowern PI E Daniel Mottl North St Paul MN 55109- Rainguard Construction (6061) 12008 Pennsyivania Ave N Mark Duret Champiin MN 55316- Rum River Lumber Co (20036086) 10141 Woodcrest Dr Allan Breidenbach Coon Rapids MN 55433- TJB Homes Inc (1845) 9100 Baltimore St NE Rick Budzynski Blaine MN 55449- Plumbina Nygard Plumbing 7435 Hwy 65 NE Nils Nygards Fridley MN 55432- Roto Rooter Services Co 14530 27 Ave N David Skallet Plymouth MN 55447-4804 Schulties Plumbing Inc 1521 94 Ln NE Doug Jones Blaine MN 55449- Sowada 8 Barna Plumbing 27061 Potomac St NE John Sowada Stacy MN 55079 24 Aaproved By;, State of MN State of MN State of MN State of MN State of MN State of MN State of MN State of MN State of MN � Roofina . Schwickert Company 330 Poplar St, PO Box 1179 Mankato MN 56001-1179 Sian Erector Ail Brite Sign Inc 13325 Commerce Blvd STE 3 Rogers MN 55374- Wreckina Veit 8� Company Inc 14000 Veit PI Rogers MN 553749583 � � Mike Maiers Kevin Gillette Don Ruotsinoja 25 Aaproved Bv: Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official � � CRY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF SEPTEMBER 9, 2002 ESTIMATES Forest Lake Contracting, Inc. 14777 Lake Drive Forest Lake, MN 55025 Hartman Circle Watermain Looping Project No. 347 EstimateNo. 2 .................................................................... W. B. Miller 6701 Norris Lake Road N.W. Elk River, MN 55330 .............. $ 21,137.99 2002 Street Improvement No. ST. 2002 —1 EstimateNo. 5 ....................................................................................... $ 55,180.51 Park Construction Company 7900 Beech Street N.E. Minneapolis, NIN 55432 57�' Avenue Sanitary Sewer Improvement Project No. 346 EstimateNo. 2 ............................................._........................................... $ 19,242.74 26 � : AGENDA ITEM CITY COUNCIL MEETING OF SEPTEMBER 9, 2002 CfTY OF FRIDLEY Date: 9/3/02 p�l ��. To: William Burns, City Manager � From: Scott Hickok, CDD and Paul Bolin, Planning Coordinator RE: Continuance of Public Hearing on Industrial Outdoor Storage. M-02-104 INTRODUCTION Fridley's current Code requirements for outdoor storage in industrial zoning districts has, at best, been described as confusing, open to interpretation, and unfair to industry. Staff has investigated different ways to clarify Fridley's requirements, allowing limited outdoor storage while still protecting the City's interests. The purpose of this memo is to provide the rationale for �ecommending an Ordinance revision that repeals and replaces the current requirements with more clearly written language that balances industry needs with broader community needs. BACKGROUND INFORMATION / CURRENT REGULATIONS The current regulations allow outdoor storage in the M-1, M-2, M-4, & S-3 zoning districts, through a special use permit process, if the items being stored are "incidental" to the business. "Incidental" storage has been interpreted to mean that the storage is temporary in nature and the short term storage is not required as an on-going part of the business. The confusion is in defining temporary and determining whether or not an item is a required part of a business. Outdoor storage and outdoor intensive uses are permitted by right in the M-3, Heavy Industrial — Outdoor Intensive Zoning District. The current code, for unknown reasons, still requires a special use permit for incidental storage. This requirement does not make sense in this zoning district, because permanent outdoor storage is allowed by right. Notwithstanding the City's storage restrictions in our industrial districts, the Code Enforcement Officer found permanent outdoor storage at 40% of the properties inspected since the systematic code enforcement sweeps of industrial properties began last fall. Items currently being illegally stored outside include over stock, raw materials, pallets, trailers, and other miscellaneous items. Rather than issue citations to nearly half of all Fridley's industries, staff proposed a review of the current outdoor storage ordinances during last years Council/Commission survey. 27 � COUNCIL / COMMISSION SURVEY RESULTS This past years Council / Commission survey asked whether or not the City should pursue changes to the current ordinance and spelled out 5 different options. The most popular response was to prepare legislation that allows outdoor storage in the industrial districts subject to screening requirements and obtaining a special use permit. The legislation was to be based on broader community needs rather than the special needs of any particular business. The survey responses were verified during a joint meeting held between the City Council, Planning Commission, and the Appeals Commission on April 15�h, 2002. The majority again stated that staff should pursue legislation that would allow some limited outdoor storage, subject to screening requirements, and a special use permit in the industrial districts. PLANNING COMMISSION ACTION At their July 17�'', 2002 meeting, the Planning Commission held a hearing on the proposed ordinance amendment. After a brief discussion, the Commission made a unanimous recommendation for approval. Though their recommendation did not formally include added language, the Commission recommended that staff and Council consider language to protect against the act of junk or inoperable vehicles being stored outside. Staff did not add such language to this ordinance proposal, due to the fact that those protections cuRently exist in the City Code of Ordinances. Further, staff believes that this would be best addressed by current Code language and a stipulation (echoing this chapter of the Code) that would be a standard part of any future industrial Special Use Permit for outdoor storage. PAST COUNCIL ACTION At their August 12, 2002, meeting, the City Council held a public hearing on the proposed ordinance amendment. After hearing from only one industry owner, the Council made a motion to continue the public hearing on September 9, 2002, and send notices dire�tly to all industries in Fridley. The motion was approved. City Staff sent the requested notice to all industrial property owners on August 16, 2002. STAFF RECOMMENDATION The proposed changes will allow Fridley industries to maintain some outdoor storage while not being detrimental to surrounding properties. All changes to the zoning ordinance are noted in the attached ordinance format. Staff recommends the Council receive additional public comments and close the public hearing for the proposed zoning text amendment. : � , A DISPLAY ARTS W O R L D W I D E 7839 Elnr Strect, Minrieapalis, Minnesoto 55432 _, ,. Phonc: 763-571-02G0 E�,X: �6:;-s�i-�s:io 5eptember 9, 2002 Erri��iL• disqlays(?�dispinyarts.roui www.displaynrts.com ' City of Fridley Stephanie Hanson Fridley Municipal Center 6431 University Avenue NE Fridley MN 55432 To Whom It May Concern: I received a letter from the city regarding code requirements, and would like to respond in writing, as I will not be able to attend the council meeting on Monday, September 9, 2002. The letter addressed the following issues: • Parking areas must be striped and clear of debris. I do have a striped parking area, and we keep it very neat. Stephanie Hanson is coming over to inspect this and will let me know if we are in compliance. • Pallets on the property. We have pallets stored outside in a small fenced-in area, with a maximum of 10 pallets at any given time. Stephanie will also check to see if we need to do anything with this area. • Dumpster Enclosure. Due to our location and the angle at which the trucks have to approach to pick up, I find compliance to this ordinance rather difficult. We also have a recycling dumpster, and I would hate to give that up and quit recycling. I would not bring the dumpsters into the building because of space, health and ecology reasons. Garbage in the building is simply unacceptable. Opening the large doors in the winter would also be quite inappropriate and a waste of valuable energy. I am in agreement that a neat, orderly appearance is important. However, I take exception to the dumpster rule regarding bringing them into the building or trying to hide them. I think the bigger issue is to keep the area in order around the dumpsters, which we are currently doing. Tha you, � � -. � �---_ im Randers Display Arts Ordinance No. AN ORDINANCE AMENDING CHAPTER 205, SECTIONS 205.17, 205.18, 205.19, 205.20 AND 205.25 RELATED TO OUTDOOR STORAGE IN THE INDUSTRIAL DISTRICTS The Fridley City Council hereby fmds after review, examination and recommendation of staff that Chapter 205 related to outdoor stora.ge in Industrial Districts be amended as follows: SECTION 1. That the following language in Sections 205.17.O1.C.(11), 205.18.O1.C.(12), 205.19.2.C.(4), 205.20.O1.C.(2), and 205.25.04.C.(12) be hereby repealed: - ' . .. . . . _ - _ — -- - _- ___-_-_--_ _ - - - ---�� .. - - _ _ - �.-' - " - _ ; � ; a' _ � � SECTION 2. That Section 205.17 be hereby amended as follows 205.17. M-1 LIGHT INDUSTRIAL DISTRICT REGULATIONS 1. USES PERMITTED C. Uses Permitted With a Special Use Permit. (11) LIMITED OUTDOOR STORAGE I�� All limited outdoor storaae shall satisfv the followin� requirements and other stipulations deemed necessarv due to site conditions: (a) The outdoor stora�e area is limited to a maximum size eQual to 50% of the principal buildinQS footprint. This area must be designated on a site plan submitted with the Special Use Permit (SUP) application and must be located in the side or rear vard. (b) The materials and equipment kept in the desiQnated outdoor stora�e area must be fullv screened so as to not be visible from: ((1)) A residential district adiacent to the use; �(2)) A residential district across a public ri�ht-of-wav from the use; ((3)) A nublic park adiacent to the use; ((4)) A vublic ri�ht-of-wav, includin� railroad ri�ht-of-wav, adiacent to the use; or ((5)) Anv commercial use adiacent to the use. (c) ScreeninQ of the outdoor stora�e area shall be achieved throu�h a combination of masonrv walls, fencin�, bermin�, and landscapin� in accordance with Section 205.17.07.G.(1)(a) (d) Materials and eQUipment stored outside must not exceed 12 feet in hei�ht. (�) The outdoor storage area must be a citv-apvroved hard surface and bound on the perimeter bv B-6-12 concrete curb and gutter. (fl Special use permit for limited outdoor stora�e shall not permit the outside stora�e of semi-trucks, semi-trailers, or heaw construction eQUipment. (�) Hazardous chemicals and materials are prohibited from bein� stored outside. �'h) The outdoor stora�e shall not affect the reauired amount of narkin� stalls needed on site. (i1 The location and tvnes of materials to be stored are to be reviewed bv the Fire Marshall. SECTION 3. That Section 205.18 be hereby amended as follows 205.18. M-2 HEAVY INDUSTRIAL DISTRICT REGULATIONS 2. USES PERMITTED 30 C. Uses Permitted With a Special Use Permit. (11) LIMITED OUTDOOR STORAGE All limited outdoor stora�e shall sarisfv the followin� reauirements and other stivulations deemed necessarv due to site condirions: (a) The outdoor stora�e area is limited to a maximum size equal to 50% of the principal buildin�s footprint. This area must be desi�nated on a site plan submitted with the Special Use Permit (SUP) applicarion and must be located in the side or rear vard. (b) The materials and equipment kept in the desiQnated outdoor stora�e area must be fullv screened so as to not be visible from: ((1)) A residential district adiacent to the use; �(2)) A residential district across a public riQht-of-wav from the use; ((3)) A nublic park adiacent to the use; ((4)) A public ri�ht-of-wav includin� railroad ri�ht-of-wav, adiacent to the use; or �(5)) Anv commercial use adiacent to the use. (c) Screenin� of the outdoor storaQe area shall be achieved throu�h a combination of masonrv walls fencinQ bermin�, and landscaninQ in accordance with Section 205.18.06.G.(1)(a) (d) Materials and ectuipment stored outside must not exceed 12 feet in hei�ht. (e) The outdoor stora�e area must be a citv-annroved hard surface and bound on the perimeter bv B-6-12 concrete curb and �utter. �� Snecial use permit for limited outdoor stora�e shall not permit the outside stora�e of semi-trucks semi-trailers, or heaw construction eauivment. ��) Hazardous chemicals and materials are vrohibited from bein� stored outside. (h) The outdoor stora�e shall not affect the reQUired amount of parkin� stalls needed on site. (i�The location and tvpes of materials to be stored are to be reviewed bv the Fire Marshall. 31 SECTION 4. That Section 205.19 be hereby amended as follows 20�.19. M-3 HEAVY INDUSTRIAL, OUTDOOR INTENSIVE DISTRICT 2. USES PERMITTED A. Principal Uses The following are principal uses in M-3 Districts: (3) Uses whose principal use requires the outdoor storage of materials, motor vehicles, or equipment, including the outdoor manipulation of said materials, motor vehicles, or equipment under the followinQ conditions. (i) The materials and eauinment must be fullv screened so as to not be visible from: ((1)) A residential district adiacent to the use; ((2)) A residential district across a public ri�ht-of-wav from the use; ((3)) A public park adiacent to the use; ((4)) A nublic ri�ht-of-wav, includin� railroad ri�ht-of-wav, adiacent to the use; or ((5)) Anv commercial use adiacent to the use. (k) Screenin� of the outdoor stora�e area shall be achieved throu�h a combination of masonrv walls fencing, bermin�, and landscapin� in accordance with Section 205.19.07.G.(11(a) (1) Materials and eQUipment stored outside must not exceed 15 feet in heiQht. �m) The outdoor storaQe of motorized vehicles must be on a citv-approved hard surface and bound on the perimeter bv B-6-12 concrete curb and �utter. . (n) Hazardous chemicals and materials are prohibited from bein� stored outside. (o) The location and tmes of materials to be stored are to be reviewed bv the Fire Marshall. �� Telecommunications Towers and Wireless Telecommunications Facilities are regulated in Section 20530 (Ref. Ord. 1112). 32 SECTION 5. That Section 205.20 be hereby amended as follows 205.20. M-4 MANUFACTURING ONLY 4. USES PERMITTED C. Uses Permitted With a Special Use Permit. �11) LIMITED OUTDOOR STORAGE All limited outdoor storaQe shall satisfv the followinQ requirements and other stipulations deemed necessarv due to site conditions: (a) The outdoor stora�e area is limited to a maximum size eaual to 50% of the principal buildin�s footprint. This area must be desi�nated on a site nlan submitted with the Special Use Permit (SUPI application and must be located in the side or rear vard. (b) The materials and eQUipment kent in the desi�nated outdoor stora�e area must be fullv screened so as to not be visible from: ((1)) A residential district adiacent to the use; �(,2)) A residential district across a nublic ri�ht-of-wav from the use; �(3)1 A public park adiacent to the use; ((4)) A public ri�ht-of-wav includin� railroad ri�ht-of-wav, adiacent to the use; or ((5))Anv commercial use adiacent to the use. �c) walls fencin� bermin� and landscapin� in accordance with Section 205.20.06.G.(1)(a) (d) Materials and eQUipment stored outside must not exceed 12 feet in hei�ht. �e) The outdoor stora�e area must be a citv-apnroved hazd surface and bound on the perimeter bv B-6-12 concrete curb and �utter. (fl Special use permit for limited outdoor stora�e shall not uermit the outside storage of semi-trucks semi-trailers or heaw construction equivment. �g) Hazardous chemicals and materials are prohibited from bein� stored outside. (h) The outdoor stora�e shall not affect the required amount of parkin� stalls needed on site. 33 (i) The location and tvues of materials to be stored are to be reviewed bv the Fire Marshall. SECTION 6 That Section 205.25 be hereby amended as follows: SECTION 205.25 S-3 HEAVY INDUSTRIAL, ONAWAY ADDITION DISTRICT USES PERMITTED C. Uses Permitted With a Special Use Permit. (11) LIMITED OUTDOOR STORAGE All limited outdoor stora�e shall satisfv the followin� reQUirements and other stipulations deemed necessarv due to site conditions: (c) The outdoor stora�e area is limited to a maximum size eQUal to 50% of the principal buildin�s footprint. This area must be desi�mated on a site plan submitted with the Snecial Use Permit (SUP) application and must be located in the side or rear vard. �d) The materials and eQUivment kept in the desianated outdoor stora�e area must be fullv screened so as to not be visible from: ((1)) A residential district adiacent to the use; ((2)) A residential district across a public ri�ht-of-wav from the use; ((3)) A public park adiacent to the use; �(4)) A public ri�ht-of-wav includinQ railroad ri�ht-of-wav, adiacent to the use; or ((5)) Anv commercial use adiacent to the use. (e� Screenin� of the outdoor stora�e area shall be achieved through a combination of masonrv walls fencinQ bermin� and landscapin� in accordance with Section 205.25.09G.(1)(a) (fl Materials and eQuipment stored outside must not exceed 12 feet in hei�ht. �¢� The outdoor stora�e area must be a citv-approved hard surface and bound on the perimeter bv B-6-12 concrete curb and Qutter. �h) Special use permit for limited outdoor stora�e shall not pernut the outside stora�e of semi-trucks semi-trailers, or heaw construction eQuinment. (il Hazardous chemicals and materials are prohibited from being stored outside. � - (i) The outdoor storaQe shall not affect the reQUired amount of parkin� stalls needed on site. (k) The location and tvves of materials to be stored are to be reviewed bv the Fire Marshall. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 2002 ATTEST: Debra A. Skogen, City Clerk Public Hearing: First Reading: Second Reading: Publication: 35 Scott J. Lund, Mayor : AGENDA ITEM CITY COUNCIL MEETING OF SEPTEMBER 9, 2002 CITY OF PRIDLEY Date: September 9, 2002 � To: William Burns, City Manager �� From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject: Appeals Commission Request, VAR#02-16, Larry Reynolds M-02-103 INTRODUCTION Larry Reynolds, owner of 6065 McKinley, is seeking to reduce the required rear yard setback from 32' to 14' to allow an expansion of the existing garage. The variance would allow the petitioner to add 1-stall (10') to the existing garage. APPEALS COMMISSION RECOMMENDATION At the August 28, 2002, Appeals Commission meeting, a public hearing was held for VAR#02-16. After discussion and hearing public input, the Appeals Commission recommended approval of the variance request, VAR #02-16, with the stipulations as presented. Due to neighborhood opposition, this variance requires Council action. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMNEDATION - City Staff has no recommendation, as a similar variance has been granted in the past. VAR #98-16 Rear yard setback reduced from 31' to 13' to allow a home expansion (3 season porch). STIPULATIONS Staff recommends that if the variance is granted, the following stipulations be attached. 1. Petitioner shall obtain all necessary building permits prior to construction of any additions. 2. Addition shall be architecturally compatible with existing home. 3. Garage shall not be used for home occupation. 0 36 City of Fridley Land Use Application VAR #02-16 August 28, 2002 GENERAL INFORMATION SPECIAL INFORIVIATION Owner: Petitioner. Larry Reynolds / Bnirm Remodeling 6065 McKinley Martin Howazd Fridley, MN 55432 Blaine, MN 55449 Requested Action: Variance to reduce rear yard setback from 25% lot depth (32') to 14' to allow a garage expansion. Fxi�tin�u Zaning: R-1 (Single Family Residential) Location: 6065 McKinley Street Size: 10,360 sq. ft. .24 acres Existing Land Use: Single family home. Surrounding Land Use & Zoning: N: Single Family, R-1 E: Single Family, R-1 S: Single Family, R-1 W: Single Family, R-1 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Sec. 205.07.04.D.3, requires a rear yard setback of 25% of lot depth (32' on this property). Zoning History: 1969 - Lot is platted. 1970 - Home is built. Legal Description of Property: Lot 7, Block 1, Amber Oaks Addn. Public Utilities: Home is connected. Transportation: 61 S` Ave. provides access to site. Physical Characteristics: Typical suburban landscaping. 37 SUI�IMARY OF PROJECT Peritioner is seeking to reduce the required rear yard setback from 32' to 14' to allow an expansion of the garage. SUM'VIARY OF HARDSHIP "The e,risting house with attached garage was built in 1971 and designed to accommodate the needs for off street parking and storage for the general population at that time. Because of the increase in family members using/driving motor vehicles in general, it is now common to see 3 stall garages on new homes. " - Martin C. Howard SUNIMARY OF ANALYSIS City Staff has no recommendation, as similar variances have been granted in the past. VAR #98-16 10 Rice Creek Way Rear yard setback reduced to 13' to allow a 3 season porch. CITY COUNCIL ACTION/ 60 DAY DATE (Home from 61�` Ave.) Staff Report Prepared by. Paul Bolin and Stephanie Hanson VAR #02-16 REQUEST Petitioner is seeking to reduce the required rear yard setback from 32' to 14' to allow an expansion of the e;cisting garaae. The variance would allow the petitioners to add 1-stall (10') to the existing garage. SUVIiVIARY OF HARDSHIP "The existing house with attachecl gara�;e tivas built in 1971 and designed to accommodate the needs for off street parking and storage for the general popzrlation at that time. Because of the increase in family members using/driving motor vehicles in general, it is now common to see 3 stall garages on new homes. " - Nlartin C. Howard ANALYSIS The property is located on the corner of McKinley Street and 61st Avenue. The lot is rectangulazly shaped, with the home facing 6152 Avenue, despite McKinley Street being the Code defined front yazd. The e�cisting home and attached garage were built in 1970. Petitioner is seeking variance to allow an expansion into the code defined rear yard. City staff has received no comments from neighboring Location of expansion on existing garage : The existing home was placed at an angle, rather than parallel with the existing lot lines. The layout of - the home in this manner dces not allow for any expansions, without first seeking a variance. It must also be pointed out that the current garage is "non-confomung" as it is only setback 24' from the code defined rear yard. Granting of the requested variance will also correct this non-conformity. RECOMMENDATIONS City Staff'has no recommendation, as a similar variance has been granted in the past. VAR #98-16 Rear yard setback reduced from 31' to 13' to allow a home expansion (3 season porch). STIPULATIONS Staff recommends that if the variance is granted, the following stipulations be attached 1. Petitioner shall obtain all necessary building pernuts prior to const�iiction of any additions. 2. Addition shall be architectarally compatible with existing home. 3. Garage shall not be used for home occupation � � � � APPEALS COMMISSION MEETING. AUGUST 28. 2002 PAGE 5 3. PUBLIC HEARING: VARIANCE REQUEST VAR #02-16 BY MARTIN C. HOWARD BRUNN REMODELING Per Section 205.07.03.D.(3).(a) of the Fridley Zoning Code, to reduce the requi�ed rear yard setback from 32 feet to 14 feet to allow the construction of a house/garage addition on Lot 7, Block 1, Amber Oaks Addition, generally located at 6065 McKinley Street NE. MOTION by Ms. Jackson, seconded by Mr. Jones, to open the public hearing and waive the reading. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 7:52 P.M. Mr. Hickok stated that the current garage is non-conforming as it is only 24 feet from the rear lot line rather than 32 feet. Code requires that a setback for the rear yard be 25% of the lot depth. This has 32% of the lot depth. The expansion would occur on the open portion of the lot that is deemed the rear yard on the corner lot off to the side of the garage. The summary of hardship states: " The existing house with the attached garage was built in 1971 and designed to accommodate the needs for off street parking and storage for the general population at that time. Because of the increase in family members driving motor vehicles, it is now common to see three-stall garages on new homes." Mr. Hickok stated staff has no recommendation as similar variances have been granted in the past. In 1998 the variance at 10 Rice Creek Way allowed a rear yard setback to be reduced to 13 feet to allow the construction of a 3-season porch. Mr. Hickok stated that staff received a letter today from a neighbor which states: 'This is regarding the property at 6065 McKinley St. NE in Fridley. This letter is to notify you that we are against the proposed addition that is pending at this address. The addition will crowd the Nichol's residence and also lower the value of their home. Too much crowding already in Fridley area. Thanks for listening, Tom and Sandy Joseph." Mr. Hickok stated that the Nichol's residence is the residence to the east at the corner of Stinson. Staff heard from the Nichols regarding something other than land use issues on the site. They suppo�t the variance, however, they have questions regarding the number of occupants able to occupy a single family residence. Mr. Kuechle asked if discussion had taken place with the petitioner regarding the archite�tural appearance of that addition. Mr. Hickok stated that they have taken the architectural qualities of the face of the building and extended that into the building's addition and it is often hard to put a third stall on the garage with an existing gable on the garage. There is a low pitched roof with quite wide overhangs and a low pitch to the roof. There is a very nice architectural style representing a certain period of time. They have turned and brought a gable out to the east instead. This keeps the long low roof line. It is true to the original architecture of the building, and staff believes it is a good solution for a third stall. Mr. Kuechle asked if the garage was going to be set back from the front of the other one. � �� APPEALS COMMISSION MEETING. AUGUST 28. 2002 PAGE 6 Mr. Hickok stated that on the footprint, it doesn't show that, but there looks to be on the illustration a slight reveal. Dr. Vos stated that the address was 6065 McKinley, which means that they set the house 35 feet from McKinley, not from 61$'. By forcing that back, they are up against the back lot line, because the back lot line is only 135 feet the whole way. If you stretch a rambler in there, you do not have much to go. Part of the hardship is the placement of the house in 1971. Mr. Hickok stated that this particular lot is peculiar and is something he would see as a hardship. The house to the east was 58 feet and they added a porch on the back and now that makes it 40 feet from the lot line with the edge of the porch with a setback of 44 feet between the new expanded garage area and the porch on the Nichols property. Dr. Vos stated that the house to the south is tighter than the one to the east and will be impacted more. Mr. Hickok stated that the addition to the garage is on the east side. The corner of this house on the south is close to the southern neighbor as well. Mr. Jones asked what the side yard setback for an attached garage would be. Mr. Hickok stated that an attached garage would be 5 feet. Mr. Jones stated that it is really a rear yard though, and if it was not a comer lot they would not be having this discussion. Mr. Hickok stated that is correct. Mr. Jones asked if it was 14 feet from the closest corner to the lot line. Dr. Vos stated that it is from the southeast corner. Mr. Hickok stated that it is perplexing, and the code says it is the narrowest lot dimension on the corner lot that becomes your front yard. Mr. Larry Reynolds, 6065 McKinley, stated that the confusion is that back yard means what they see on the side of the house. They expect what faces south to be the backyard. Nichols live to the south of ine. He is actually just going east. Mr. Kuechle asked him if he understood the technicality of the legal definitions of the house. Mr. Reynolds stated that he does, but it is confusing to the neighbors. In the wintertime, there is not enough room to park on the street and that is why they wanted to add to the garage and driveway. They are going straight and the eve is to conform with what they have hanging out already. It will hang out two feet to match the other eves. The wall on the front will be straight across, but it will have an overhang two feet all the way around. Ms. Jackson asked if any trees would be removed. 41 APPEALS COMMISSION MEETING. AUGUST 28. 2002 PAGE 7 Mr. Reynolds stated no trees would be removed. Ms. Jackson asked if the trees were on his property. Mr. Reynolds stated that he has a big cottonwood and 2/3 of the trunk is on his property. Ms. Jackson stated that the trees are a good buffer befinreen him and the neighbor. Mr. Reynolds stated that there is a �ot of vegetation to the east and to the south. Ms. Helen Livingston, 6060 Stinson Blvd., stated that she wanted to know exactly what they wanted to do with their property and submitted a letter. MOTION by Dr. Vos, seconded by Mr. Zinter, to enter the Livingston letter into the record. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Nichols, 6055 McKinley Street, the petitioner's southern neighbor, stated this is confusing exactly where they were going to put the garage. As far as they are concerned, the�e is no problem in the addition of the garage as it stands right now. If it was closer to their lot, they would be concerned. Mr. John Livingston, 6060 Stinson Blvd., stated that these people do not keep their dogs in control and police have had to be called finrice already. The activity over there is not appreciated. They were told the owner was a woman and she and her daughter were living there, and he was the boyfriend of the mother. The daughter has a boyfriend also. They have three families living there right now and they are not used to that. They talked to the Nichols and were afraid it was going to be 14 feet from their property and it turns out it will be closer to him and the other next door neighbor. They object to that. The setbacks were made by this City to keep property values in check, and this is not doing it. Dr. Vos asked who can bring the variance request. Mr. Hickok stated that the property owner has to sign the application. The petitoner is the builder in many cases, but this was part of the issue of ownership. Marital status does not matter either when the tax statement has both names. Staff will validate this. Dr. Vos asked if anyone could sign the variance request. Mr. Hickok stated they still need the property owner's signature to be certain things are not happening that they are not aware. Staff is comfortable with the background on this. Mr. Kuechle stated that this Commission is only authorized to make recommendations on the merits of the appeal. The Commission cannot extend its authority to attempt to correct barking dogs and whatnot. MOTION by Ms. Jackson, seconded by Mr. Jones, to close the public hearing. . 42 , .��.�; APPEALS COMMISSION MEETING AUGUST 28 2002 PAGE 8 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 8:00 P.M. Mr. Jones stated that he feels there is a hardship with the way the house was laid out on the lot. They have done a nice job adding the third garage. If this was a normal situation, they would not even be here. He would vote in favor of the variance. The only thing is that there are neighbors concerned. Mr. Kuechle concurred. This house is different; it is not set squarely on the lot and does not utilize the space well. The request is reasonable for only 10 feet. The house closest is still 14 feet from the lot line and he woutd recommend approval. Ms. Jackson stated that the letter is not as clear as it should be for the neighbors. They need to look at how clear the description is in the first place. The garage would still be farther away from the neighbor and will look like other homes in terms of the distance befinreen the garage and the next neighbor. It would be architecturally attractive, and a third garage increases the property value. Dr. Vos stated that because the placement of the house causes the difficulty, he would vote in favor of this variance. Mr. Zinter stated that this seems easier than many of the garage requests the Commission has looked at, and he is in favor of this one. MOTION by Dr. Vos, seconded by Ms. Jackson, to recommend approval of variance request, VAR #02-16 with the following stipulations: 1. The petitioner shall obtain all necessary building permits prior to construction of any additions. 2. The addition shall be architecturally compatible with existing home. 3. The garage shall not be used for a home occupation. Mr. Kuechle stated that this variance request will go to City Council on September 9 because of the neighbors' objections. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. 43 � � UfY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF SEPTEMBER 9, 2002 INFORMAL STATUS RE'PORTS .. .. �