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10/28/2002 - 00024673MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF OCTOBER 28, 2002 The Regular Meeting of the Fridley City Council was called to order by Mayor Lund at 7:32 p.m. PLEDGE OF ALLEGIANCE: Mayor Lund led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Lund, Councilmember Barnette, Councilmember Billings, Councilmember Wolfe and Councilmember Bolkcom. MEMBERS ABSENT: None. OTHERS PRESENT: William W. Burns, City Manager Scott Hickok, Community Development Director Jon H. Haukaas, Public Works Director Richard D. Pribyl, Finance Director/Treasurer Paul Bolin, Planning Coordinator Frederic Knaak, City Attorney PROCLAMATIONS: Mayor Lund proclaimed the week of October 28 through November 3, 2002, to be Student Foreign Exchange Week. Mayor Lund welcomed the following three foreign exchange students who each came forward, presented the City with a flag from their country, and gave a brief speech: Natalya Munoz - Chile Caroline Schaer - Switzerland Jaruwan Limsukhakorn - Thailand Members from the VFW presented the students with American flags. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF CITY COUNCIL MEETING MINUTES: City Council Meeting of October 14, 2002 APPROVED. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 28, 2002 PAGE 2 NEW BUSINESS: 1. RESOLUTION NO. 58-2002 CERTIFYING CERTAIN DELINQUENT UTILITY SERVICES TO THE COUNTY AUDITOR FOR COLLECTION WITH THE 2003 TAXES. Dr. Burns, City Manager, reported that the delinquent amount was $122,741.15. APPROVED RESOLUTION NO. 58-2002. 2. CLAIMS. APPROVED CLAIM NOS. 108080 THROUGH 108273. 3. LICENSES. APPROVED ALL LICENSES AS SUBMITTED. 4. ESTIMATES. APPROVED THE FOLLOWING ESTIMATE: W. B. Miller 6701 Norris Lake Road N.W. Elk River, NIN 55330 2002 Street Improvement Project No. ST. 2002 — 1 Estimate No. 7 $142,108.51 ADOPTION OF CONSENT AGENDA: MOTION by Councilmember Barnette to approve the proposed consent agenda as presented. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF AGENDA: MOTION by Councilmember Bolkcom to adopt the agenda as presented. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 28, 2002 PAGE 3 OPEN FORUM, VISITORS Mr. Jim Kiewel, 1631 Rice Creek Road N.E., requested a copy of the report regarding an incident that occurred at his house on or about September 28, 2002. He stated he has requested the report several times but has not received it. Mr. Tom Myhra, 6360 Able Street N.E., stated he would like to be provided with a copy of the comprehensive plan for the City. He said he believed a citizen committee should be formed to make recommendations to the Planning Commission. PUBLIC HEARINGS: 5. CONSIDERATION OF THE SUSPENSION OR REVOCATION OF THE INTOXICATING LIQUOR LICENSE FOR AMF BOWLING CENTERS, INC., DB/A MAPLE LANES, GENERALLY LOCATED AT 6310 HIGHWAY 65 NE (WARD 2) (CONTINUED FROM APRIL 22, 2002): MOTION by Councilmember Wolfe to open the public hearing and remove this item from the table. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Pribyl, Finance Director, stated that on April 22, 2002, a public hearing was held on the liquor license for Maple Lanes. There was a problem because the licensee could not maintain the required minimum food ratio of 40 percent. At that time, Council approved a probationary license with stipulations and continued the public hearing for six months. One of the stipulations was that AlVg' provide a copy Maple Lanes' sales tax form to the City of Fridley on a monthly basis. He said that the ratio of food sold for May, June and July came to 30 percent or under. A letter received September 11, 2002, from the attorney representing AlVg' stated that they would not be able to meet the City's requirement. No additional information was received. Attorney Jim Moran, representing AlVg' Bowling Centers, approached and stated that because of errors, the reports for the last two months were not submitted. He apologized on behalf of AlVg' for the errors and for the incorrect ordinance section he cited in his letter. He said the correct section should have been 603.10, Subd. 18. He asked that the ordinance be amended similar to the ordinances in the cities of Plymouth and Rosemount. Those cities have a lower license requirement for restaurants located in bowling centers. He stated that in order for a bowling center to be financially viable, it has to be able to provide into�cating liquor. He said that without the revenue generated from liquor sales, Maple Lanes would sustain significant operating losses. Of the 42 bowling centers that are members of the Minnesota Bowling Proprietors Association, 38 of them have into�cating liquor licenses. The four that do not are small centers with less than 12 lanes. AlVg' owns 7 centers in the metropolitan area, 6 of which do not meet the 40 percent food requirement. The only exception is Earle Brown FRIDLEY CITY COUNCIL MEETING OF OCTOBER 28, 2002 PAGE 4 Bowling Center. He stated with the exception of Brooklyn Center, Fridley is the only Minnesota municipality that has a 40 percent food requirement. He explained that Maple Lanes had played a unique role in the community over the last 30 years, because it provided recreation across the whole spectrum of the population. He said when he visited recently there were many seniors at the bowling center who were bowling and playing card games, the high school swim team was having a bowling party, and there was also open bowling. He stated that if Council is not inclined to consider the request to amend the ordinance, he requested that this matter be continued for an additiona190 days to allow them to consider other action. Ms. Cynthia Blanc, District Manager for AlVg', spoke and stated that in April she presented a plan in which they would attempt to increase the ratio of food. They have implemented several changes. The hours of operation have been expanded, personnel changes have been made, lane servers have been added during high peak times, and they are suggesting food and alcohol. The menus have been changed to include additional appetizers and a pizza line. They have ordered a new deep fryer, pizza oven, pizza display case, menu board, hot dog roller and grill. They have replaced the restaurant and lounge furniture and added seating on the floor concourse as well. She said that steps are being taken to brighten up the restaurant. She indicated that the numbers presented this evening are different from what was shown to Mr. Pribyl. They are the correct numbers but had an incorrect date. The percentage of the food to beverage revenue last April was 27 percent; May was also 27 percent; June and July improved to 30 percent; August was 45 percent, and September 32 percent. The first three weeks in October were a little over 31 percent. Although they have made improvements and will continue to do so, it is not possible for the 40 percent ratio to be achieved on a consistent basis. Ms. Blanc stated their calendar year is from July 1 through June 31. She said that for the first three months ending September 29, their food ratio average was 37 percent. They felt the figures given for August and September were a big factor in the City's consideration to revoke the liquor license for Maple Lanes. She explained that the staff person who spoke with Mr. Pribyl mistakenly stated that the figures for August and September were not necessary since they had not made any marked improvement in the sales figures over the amount previously recorded. She stated they sincerely apologize for that mistake and hoped that Council would recognize they have made significant progress in increasing their food sales. Councilmember Wolfe stated he did think bowling alleys were different and inquired how the city code could be changed to bring down the ratio so Maple Lanes did not lose its license. Councilmember Billings stated he did not know how they could change the ordinance and allow Maple Lanes to keep their license until the ordinance is in place. If the ordinance change had been started four months ago, it might have been in place by now. He stated he did not know how Maple Lanes could keep their license since they are in violation. Mayor Lund asked how long it would take to change the ordinance. Councilmember Billings replied that staff or the City attorney should respond to that question. He said he believed it would be necessary to hold a public hearing, hold first and second FRIDLEY CITY COUNCIL MEETING OF OCTOBER 28, 2002 PAGE 5 readings and publish the ordinance change. He said if no one objected within a certain period of time after publication, it would become law. If someone got a petition saying they did not like the action, it would come off the books and be put on the ballot for the ne�t general election two years from now. Councilmember Barnette inquired about the number of AlVg' bowling lanes in Minnesota and whether they all had liquor licenses. Ms. Blanc replied they all had liquor licenses. Councilmember Barnette asked if it would be possible for the bowling establishment to just serve beer. Ms. Blanc replied in her opinion it would not, because many group bowlers come to socialize and bowl. She said if they did not have a full liquor line, their customers would choose to go someplace else. Councilmember Bolkcom asked Ms. Blanc if they had actual food and sales numbers. Ms. Blanc stated that they could provide that information. MOTION made by Councilmember Wolfe to accept the information on the food and beverage sales for Maple Lanes. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Bolkcom noted they need to look at what other cities are doing. Ms. Blanc responded that Mr. Moran has done some research on what the requirements are in other cities, and they do vary. Councilmember Bolkcom asked Mr. Pribyl if there are any other businesses that do not have to comply. Mr. Pribyl replied that there were not. Councilmember Bolkcom asked if any other businesses had asked for an exception and if it would be fair to do it for one and not the others. Mayor Lund commented that he has not seen any advertising, signs or coupons for the bowling alley. He said he did not want to see the City's only bowling alley close. He also said that if someone had come to them earlier about the ordinance, Council could have looked at it. He asked about the big change in August. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 28, 2002 PAGE 6 Ms. Blanc stated that there was a dart playing group that used to participate at Sharky's. They were looking for a new place to play and approached them. They were done playing in August. Mayor Lund commented that he thought the bowling alley would have done better during the summer and again in the fall when the bowling leagues started up. Ms. Blanc replied that it has. Mayor Lund stated he would consider making changes to the ordinance but is not sure of what the ultimate outcome would be. Right now, he thought that all they could do was look at the ordinance and give Maple Lanes another 90 days. Councilmember Wolfe asked if it was possible to do that. Attorney Knaak stated he thought the question was would it be possible to continue this, and the answer was that they could. He said what Council needed to consider is the issue of whether a future applicant might come along with the same request. He said they needed to create a unique situation so that this would not occur. Councilmember Wolfe stated it seemed pretty clear that it would be for a bowling alley. He asked if the time could be e�tended long enough to do the amendment. Councilmember Bolkcom replied that there is no guarantee. She commented that it would take time for staff to get more information on this matter. She said she believed there were reasons for the 40 percent ratio. She asked if there were other types of businesses, that would need to be included in the change. Councilmember Barnette stated he thought that the Billiard Center just had a beer license. He said it appeared to be thriving and had been there for 20 years. Mr. Pribyl indicated that they do not have a liquor license. Mayor Lund said that what they were discussing was revoking the liquor license of Maple Lane now and working on the current ordinance or continuing this matter for 90 days while they looked at the ordinance. He asked for further comment. Attorney Moran said that if Maple Lanes lost their license for 90 days, they would lose leagues and not be able to get them back. He said there was a lot of competition for the leagues. Councilmember Bolkcom stated that they have already given Maple Lanes six months. She said if they gave them another 90 days, what would prevent another business from coming in and asking for the same thing. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 28, 2002 PAGE 7 Attorney Knaak stated he thought it safe to say that a business could do that. He said it may be difficult to turn down another request in the future. Mayor Lund commented that there was only one other business in the recent past in which this came up. Mr. Pribyl stated that was correct as far the revocation provision. Councilmember Bolkcom stated that it had come up more than once. Mr. Pribyl commented that every 3 or 4 years someone will be very close to not meeting the requirement. Councilmember Billings commented that this is not a totally isolated incident. He asked for clarification of a couple of things. He stated Mr. Moran said there were 48 members of the Bowling Proprietors Association. He asked if they knew how many bowling alleys there are in the same geographical area that are not members of the Bowling Proprietors Association. He said if there are any, he would like to know if they have a liquor license. Attorney Moran replied that there could be up to 30 small, 4 to 12 lane, establishments that are not members. He said they did not know if they sold intoxicating liquor, but they could try to get those figures. Councilmember Billings stated Attorney Moran mentioned that one idea was the possibility of requesting another 90-day e�tension to develop ideas. He asked whether there were any examples of the types of ideas that might be explored and why they have not been up to now. Attorney Moran replied he did not have anything specific in mind except that they might make progress in changing the ordinance. Councilmember Billings stated he was asking about this because in a similar circumstance, the City of Spring Lake Park had an ordinance that regulated food and liquor sales. An establishment there was unable to meet the requirement so they subleased their kitchen to Key's Restaurant. He was unsure whether that would meet the requirements of the City Code, but he thought that additional thinking needed to be done on this. Attorney Moran responded that just based on his past experience, it would require significant capital to provide the type of kitchen they would need. He said that this is something they could look at during the ne� 90 days. Councilmember Billings asked if another way of achieving the ratios would be to sell less liquor, to reduce the number of hours that liquor is available, or to reduce the price on the liquor. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 28, 2002 PAGE 8 Attorney Moran replied that if the price was reduced too much there might be problems. If it is cheaper than a place down the street, too many people are going to come in for the liquor. Councilmember Billings commented that he believed they needed to start thinking outside of the box to resolve the issue. Councilmember Barnette stated that looking at the figures already presented, Maple Lanes will probably not be able to reach the 40 percent ratio within another 90 days. Attorney Moran commented that the only thing that might work is changing to just selling 3.2 beer. Councilmember Barnette asked if they weren't just delaying the decision until February. Attorney Moran asked if the Council could look at amending the ordinance during that time. Councilmember Barnette said he was not sure if Council would do this. Councilmember Bolkcom asked for confirmation on how it works with 3.2 beer. Mr. Pribyl stated that they would review it. Councilmember Billings stated the he has been looking at the ordinance. He said he thought it would be unfair to make any judgments without sitting down to see how that particular section related to other sections in the City Code. Attorney Knaak replied they are correct that 3.2 beer is not beer. He said Council is correct that beer is defined as having an alcohol content of one-half percent by volume and not more than 3.2 percent by weight. He stated that this does not require a liquor license. Attorney Moran commented that this could seriously impact the business. Mr. Barnette commented that he was surprised that all of the bowling alleys have liquor now. Attorney Moran stated that 10 years ago there used to be 400 bowling centers in the state and there are now 200. The cost of keeping them going is very high. He said they need to sell liquor in order to make ends meet. Most of the bowling lanes that have fallen did not have liquor. MOTION by Councilmember Wolfe to close the public hearing, seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 28, 2002 PAGE 9 6. CONSIDERATION OF THE ASSESSMENT FOR 2001 STREET IMPROVEMENT PROJECT NO. 2001-01. MOTION by Councilmember Bolkcom to waive the reading of the public hearing notice and open the public hearing, seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Pribyl, Finance Director, indicated that was a project that involved curbing and gutter for property along Woody Lane, Gardena Circle, Gardena Lane, Hillcrest Drive, and Tennison Drive. It involved 103 properties. The final cost of the assessment was $9.83 per front foot. The total assessed cost was $87,746.28. The assessment period will be for ten years and will carry the same rate of 6 1/2 percent. Mr. Barnette asked about the e�tra homes that were added for the concrete curb and gutter proj ect. Mr. Haukaas, Public Works Director, stated those were added later. He said the addresses were located in the cul de sac of Woody Lane and they approached the City after the project had begun. Their homes had the older style low curb and they asked to have the new style put in. They did agree to pay for that. Councilmember Bolkcom asked how long someone would have to pay the amount due without any interest. Mr. Pribyl replied they have 30 days to prepay this. Councilmember Bolkcom inquired if it was their practice to send a letter to the people involved explaining the assessment. Mr. Pribyl replied that they would. Ms. Marta Tomczyk, 6060 Woody Lane, approached and stated she cannot afford the 6'/z percent interest. She asked how much she could put away. Mr. Pribyl replied there is the possibility of deferring the amount due. He said there was the possibility of a low-income deferral. He stated that the City has to be very careful about setting the interest rate. He said he believed that the 6 1/2 percent rate was fair. Ms. Tomczyk asked if it would be on her taxes. Mr. Pribyl stated that it would be part of her tax statement. Mayor Lund stated that if she did not pay within 30 days, she would start to pay interest on the amount and it would be included with her property taxes as a separate line item. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 28, 2002 PAGE 10 Mr. Pribyl stated that she may also qualify for a senior low income loan or deferment. Councilmember Bolkcom told Ms. Tomczyk that the assessment could be deferred and she would not have to pay it until she actually sold her home. Councilmember Barnette mentioned that if she lived in another community, such as Spring Lake Park for example, she would also have to pay for the street assessment. In Fridley they put money aside so the street itself is paid for. In Columbia Heights the assessment would have probably been three times as high. Mr. Bob Bauldauff, 6045 Gardena Lane, approached and stated he lives on the corner of Gardena and Woody. He stated in talking with his neighbors, it appeared that the amount he would pay was fairly large. He asked if he was paying for the front footage on Gardena Lane or the side footage on Woody. Mr. Haukaas replied that they determine a front side based on the address. He said it would be determined on the width of the address side. Mr. Bauldauff stated that the footage is the assessment divided by $9.63. Councilmember Barnette commented that the assessment showed he had 125 feet of footage which was a little different from his neighbors. MOTION by Councilmember Wolfe to close the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 7. CONSIDERATION OF THE ASSESSMENT FOR THE VARICHAK UTILITY PROJECT NO. 342. MOTION by Councilmember Wolfe to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Pribyl, Finance Director, indicated that the project involved the utility services provided by the Varichak Addition. The total cost of the project was $23,995.60, of which the developer paid $12,145. The balance was $11,150.60, and it was being split between the two properties. He said the assessment was consistent with the assessment period of 15 years at 6 1/2 percent. One of the property owners has already prepaid. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 28, 2002 PAGE 11 Mr. Wolfe asked for clarification of the administration fees. The City chose to reduce the rate to 6 1/2 percent and eliminate the 5 percent administration fee. He said Mr. Varichak asked him to check on that. Mayor Lund asked if it would change the numbers on the table. Mr. Wolfe said that it would be the other fee. MOTION by Councilmember Wolfe to close the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 8. CONSIDERATION OF THE ASSESSMENT FOR THE 2002 NUISANCE ABATEMENT. MOTION by Councilmember Bolkcom to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Pribyl, Finance Director, said that this was an assessment for those properties to which the City had e�tended resources for code-compliance issues. He indicated that there were four properties to be assessed, and the full amount of the assessment was $2,824.76. He stated it was a one-year assessment at 6 1/2 percent. MOTION by Councilmember Wolfe to close the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 9. CONSIDERATION OF AMENDING CHAPTER 506 OF THE FRIDLEY CITY CODE PERTAINING TO SNOW REMOVAL (VIOLATION AND TOWING). MOTION by Councilmember Bolkcom to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 28, 2002 PAGE 12 Mr. Haukaas, Public Works Director, stated there was an inconsistency found in the City Code last year when the date for the winter parking ban was changed. It was changed in one section of the Code but not in another section. MOTION by Councilmember Wolfe to close the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OLD BUSINESS: 10. VARIANCE REQUEST, VAR #02-13, BY JIM KIEWEL TO INCREASE THE TOTAL SQUARE FOOTAGE OF ALL ACCESSORY BUILDINGS TO ALLOW THE CONSTRUCTION OF AN ADDITIONAL GARAGE, GENERALLY LOCATED AT 1631 RICE CREEK ROAD NE (WARD 2) (TABLED AUGUST 26, 2002). Mr. Hickok, Community Development Director, stated they received a request from Mr. Kiewel to withdraw his application. With the help of an architect, Mr. Kiewel redesigned the project and provided a written request to have the item removed. Councilmember Bolkcom asked that since this has gone past the 60 days, if Mr. Kiewel came back, would he have to request a new variance. Mr. Hickok replied that he would. Mayor Lund asked Mr. Kiewel if he agreed. Mr. Kiewel stated he did so and thanked Council for their time. MOTION by Councilmember Wolfe to remove Variance Request, VAR #02-13, from the table. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Wolfe to accept Mr. Kiewel's letter to withdraw Variance Request, VAR #02-13. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 11. SPECIAL USE PERMIT REQUEST, SP #02-08, BY VAN-O-LITE, TO ALLOW EXTERIOR STORAGE OF MATERIALS IN A C-2, GENERAL BUSINESS FRIDLEY CITY COUNCIL MEETING OF OCTOBER 28, 2002 PAGE 13 DISTRICT, GENERALLY LOCATED AT 5945 UNIVERSITY AVENUE N.E. (WARD 1) (TABLED OCTOBER 14, 2002). Mr. Bolin, Planning Coordinator, stated that on October 2, 2002, the Planning Commission recommended denial of this request on a 5 to 1 vote. He stated the e�sting building, constructed in 2001, required a number of variances for the structure and parking requirements. As a result, the open space around the building was at a premium. Mr. Bolin said the petitioner applied for a building permit for a mezzanine, which would be used for storage of materials. However, the petitioner chose not to pursue construction of the mezzanine because of the sprinkler requirements of the City Code, Chapter 1306. Staff believed that this is the best alternative for storage on the site. Mr. Bolin stated the containers are highly visible from 60t'` Avenue and also the residential neighborhood to the east. The storage of the containers presented undesirable image issues along the major city corridor and potentially diminished the normal enjoyment of the properties surrounding the site. He said to grant the special use permit would be setting a precedent. Mr. Bolin stated another thing to note is that fire roadway standards require access with a minimum of a 20-foot width of unobstructed clearance. The petitioner submitted a drawing that showed there is only 18 feet 10 inches between the parking stripes and the containers. The site is already maximized for aisle space, and further reduction would be potentially harmful to firefighters. Mr. Fulgency, attorney for Van-O-Lite, approached and presented a memorandum with exhibits to Council. He gave a history of Van-O-Lite and stated that in 2000 they decided they needed a new facility for their storage problem. In the interim they decided to use outdoor storage and asked the City if they could do that and were advised that they could. They placed the storage container outside the old facility. The new facility was completed in 2002. The original plans were to include a mezzanine. The building contractor recommended that they not submit the mezzanine as part of the building plans because they could not decide how to build the structure. Later when the mezzanine portion of the plan was submitted they were told that because of a change made a couple of months earlier, they would have to install fire retardant equipment. Attorney Fulgency stated that in August they applied for the special use permit. He said that the storage containers were the same color as the building. He indicated that from University Avenue the containers could not be seen. He stated that only cars are allowed to park in the back of the building. He said that with respect to the section of the Code that required materials to be screened, the materials could not be seen because they were inside the containers. Attorney Fulgency said that Van-O-Lite has signed a contract to have fire retardant equipment and the mezzanine installed. He said that by the end of 7anuary everything should be installed and there would not be any need for the storage containers. Mayor Lund asked if there was a time limit for a special use permit. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 28, 2002 PAGE 14 Attorney Knaak stated that was his understanding. He said there were interim uses that were permitted and a certain statute provided for that. In terms of a special use permit, ordinarily that was something that would run with the property and would run for the duration. He stated that it was different from an interim use. Attorney Fulgency stated the statute was Section 462.359, which had never been litigated as to whether it could be terminated. Mayor Lund stated that he believed the containers were equipment and not part of the building. He thought the containers blended in very well with the building and did not know what the real detriment was with the fire issue. He stated he did not have a chance to review the exhibits presented but thought that perhaps there was some way they could do an interim request if they had some type of guarantee. Councilmember Barnette asked Mr. Hickok if they were aware they were planning on beginning constructing the mezzanine in the ne�t month. Mr. Hickock replied there had been some discussion. Attorney Fulgency commented that there was only one letter from a neighbor who did not like the building. He asked about the precedent that they referred to. Attorney Knaak stated that with respect to how long a special use permit lasted, Minnesota Statutes, Section 462.359, indicated that the condition remains in effect as long as the conditions agreed upon are observed. He said that once it is granted, as long as the individual involved continued to do what they are required to do, it stayed in effect. He referenced a separate statute on interim uses, which was usually in the conte�t of changes in zoning and allowed for uses for specific periods of time. He said his recollection was that it could not be for more than five years. He said his understanding was that a city council could not issue a temporary condition under that ordinance. Councilmember Billings asked if he was correct in assuming that Exhibits 1 and 2, the contract that Van-O-Lite entered into were done subsequent to the Planning Commission meeting. Attorney Fulgency stated that they were. Councilmember Billings asked Mr. Hickok what provisions they had in the building code for temporary storage of furniture and materials and things like that. He said when Skywood Mall did their remodeling, they had trailers parked on site for many, many weeks. He asked about the City's policy for those types of storage containers during construction projects. Mr. Hickok replied it is not unusual to have job-site containers or job trailers on-site in conjunction with the building permit for the duration of the project. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 28, 2002 PAGE 15 Councilmember Billings stated, so if the applicant came to them and indicated they needed to store some things outside in order to build a mezzanine for four or five months, it would not be unusual for them to go along with that. Mr. Hickok agreed. Councilmember Billings asked if it would be contrary to City policy. Mr. Hickok answered that it would not. Councilmember Billings stated that Van-O-Lite has entered into a contract for the mezzanine and, if he understood Attorney Fulgency's representation of his client's wishes, upon completion of that construction the outside containers would go away. Attorney Fulgency agreed. Councilmember Billings asked Attorney Fulgency that since there was already City policy that governed what they would attempt to do, if this would be acceptable to him. Attorney Fulgency asked for verification from staff. Councilmember Bolkcom asked if they still owned the other building and if that could be used for storage. Mr. David McLellan, president of Van-O-Lite, responded that the other building was leased. MOTION by Councilmember Billings to table consideration of Special Use Permit Request, SP #02-08, and to e�tend the review period for City Council action an additiona160 days with notice to the petitioner in writing as soon as possible. Mayor Lund commented that they were verifying if there had been an e�tension or if additional time needed to be added. Attorney Knaak commented that if there was a statement by counsel that they would waive the requirement, that would take care of the issue. Mr. Pribyl, Finance Director, stated they had already e�tended it to December 12. Councilmember Billings stated it had already been e�tended 60 days. He said December 12 is the final date, but there are three Council meetings before they get to the 120-day deadline. MOTION by Councilmember Wolfe to table this item. Seconded by Councilmember Bolkcom. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 28, 2002 PAGE 16 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Billings to receive the Memorandum of Applicant in Support of the Granting of a Special Use Permit into the record. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. NEW BUSINESS: 12. FIRST READING OF AN ORDINANCE AMENDING CHAPTER 506 OF THE FRIDLEY CITY CODE PERTAINING TO SNOW REMOVAL - VIOLATION AND TOWING. MOTION by Councilmember Bolkcom to waive the reading and approve the ordinance on first reading. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 13. FIRST READING OF 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. Councilmember Bolkcom stated she would like to table the discussion on this item until they have had a chance to meet with Mr. Hickok and Mr. Bolin. Mr. Richard Harris, 6200 Riverview Terrace, requested that the discussion not be limited to just the Onaway District. He said he found some inconsistencies in the code. He asked what the ne�t step would be if this item was tabled. Councilmember Bolkcom stated she thought Mr. Hickok would set up a meeting. MOTION by Councilmember Bolkcom to table this item. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 14. RESOLUTION REVOKING INTOXICATING LIQUOR LICENSE FOR AMF BOWLING CENTERS INC., DB/A AMF MAPLE LANES, LOCATED AT 6310 HIGHWAY 65 N.E. (WARD 2). FRIDLEY CITY COUNCIL MEETING OF OCTOBER 28, 2002 PAGE 17 MOTION by Councilmember Wolfe to allow AlVg' Male Lanes a ninety-day e�tension on the revocation of their liquor license or until January 27, 2002, or the closest City Council meeting after that date. Seconded by Councilmember Barnette. Councilmember Wolfe said he hoped there could be a change in the ordinance to help Maple Lanes. Councilmember Bolkcom asked what would happen to the license if the ordinance was not changed by January 27, 2003. Councilmember Wolfe replied that they would have to revoke the license. He said that in the past ninety days, he thought petitioner had made progress. Councilmember Bolkcom asked if the petitioner should contact City staff during the ne�t three months. Mayor Lund replied that whether there are any changes in the ordinance is risky at best. Attorney Knaak stated that he understood the motion to make the revocation effective in January. Councilmember Wolfe asked if they would look at it in 90 days. Attorney Knaak asked if they wanted to make the revocation effective in 7anuary or if they were tabling it. He said the difference is the matter was being continued for revocation. He said if it was tabled until 7anuary, when 7anuary came Council would be moving to revoke but it would be effective immediately. Councilmember Wolfe stated they would look at it in 90 days. MOTION by Councilmember Wolfe to withdraw his first motion. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Billings stated he is going to support the motion to table this for 90 days. He said initially he was not inclined to change the ordinance. He changed his mind because it would allow the petitioner to try and do some aggressive thinking outside of the normal channels. He said he was inclined not to support a change in the ordinance because he would argue that it is an operation that supplies a sporting activity as well as on-sale liquor. There is another establishment in Fridley that does exactly the same thing—Spiker's Grille & Beach Club. He said did not think the best answer was to change the ordinance because someone could not comply with it. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 28, 2002 PAGE 18 Councilmember Wolfe stated that Spiker's is also an exception. Councilmember Barnette commented that if they start making exceptions, they are going to have exceptions to everything. Councilmember Wolfe commented that Spiker's has a large restaurant. Attorney Knaak advised that they would be tabling this item for 90 days because petitioner has shown signs of improvement and willingness to work very hard. MOTION by Mayor Lund to table this item until January 27, 2003. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 15. RESOLUTION NO. 60-2002 ADOPTING ASSESSMENT FOR THE 2001 STREET IMPROVEMENT PROJECT NO. 2001-01. MOTION by Councilmember Bolkcom to approve Resolution No. 60-2002. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 16. RESOLUTION NO. 61-2002 ADOPTING ASSESSMENT FOR THE VARICHAK UTILITY PROJECT NO. 342. Mr. Haukaas, Public Works Director, stated that the fee Mr. Varichak was referring to was actually the engineering charges added to the contract cost, not the 5 percent administrative fee. Items 8 and 9 stated that if the balance was paid in full, there would be no penalty. When Mr. Varichak paid the balance in full, there would be no 5 percent administrative charge. Mr. Varichak paid one-third of that in addition to his portion of the construction costs. MOTION by Councilmember Wolfe to approve the Resolution No. 61-2002. Seconded Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 17. RESOLUTION NO. 62-2002 ADOPTING ASSESSMENT FOR 2002 NUISANCE ABATEMENT. MOTION by Councilmember Bolkcom to approve the Resolution No. 62-2002. Seconded Councilmember Wolfe. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 28, 2002 PAGE 19 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 18. VARIANCE REQUEST, VAR #02-17, BY ROBERT AND CONSTANCE METCALF, TO EXEMPT THE PROPERTY OWNER FROM INSTALLING THE CODE REQUIRED HARD SURFACE DRIVE, GENERALLY LOCATED AT 860 WEST MOORE LAKE DRIVE (WARD 2). Mr. Bolin, Planning Coordinator, stated that in 1997, the City declared all gravel driveways to be a public nuisance. He said that staff recommended denial of the present request. The property is located on the north shore of West Moore Lake. It has a carport and was built in 1958. It is zoned R-1, Single-Family Residential, as are the surrounding properties. Mr. Bolin stated that the summary of petitioners' hardship statement is: "The main emphasis of my appeal is the flat, non-inclining nature of our driveway. I believe our property is unique in this respect and therefore qualifies for a variance." The petitioners are concerned about the aesthetic impact of a hard-surface driveway. The petitioners are seeking to be exempt from installing a hard-surface driveway as required by the City Code, which has declared gravel driveways to be a public nuisance. He said they were declared a nuisance for a number of reasons, including: soil gets contaminated with oil and vehicle fluid, and the gravel gets into the City's storm water and detention ponds. Mr. Bolin said when the driveways were declared a public nuisance, the City Council gave property owners five years to have their gravel driveways paved. The five-year deadline is December 31. By that date, all gravel driveways in the City must be paved with approved concrete or asphalt. If this request was granted, it would be unfair to the other 435 property owners who have complied and paved their driveways. It would also set a precedent and entitle the remaining property owners who have failed to comply, to request the same variance. Ms. Constance Metcalf, 860 West Moore Lake Drive, approached and stated that they made this appeal to save their driveway. She said they drove around and looked at the other gravel driveways in the City. She indicated that some were not defined the way their driveway was and they were not flat. She said their driveway is a formal driveway that is lined on the edges and is done with crushed red river rock She indicated that it tended to settle down into the sand. Ms. Metcalf stated that she was disappointed because only one member of the Appeals Commission took the time to drive by their driveway. She stated the driveway is modest, defined and well-cared for. She pointed out to the Appeals Commission that there were problems in the City with all the water runoff going into the Mississippi River. She stated the maintenance is low. She pointed out the neatness of their driveway and how level it is. Councilmember Bolkcom asked what happened when there were heavy rains. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 28, 2002 PAGE 20 Ms. Metcalf responded the light rain soaks in. Councilmember Bolkcom asked if the snowplows didn't have some effect on the rock. Councilmember Barnette stated that there were 42 unpaved driveways. He said it was hard to make an exception. Mayor Lund asked about flagstone. Councilmember Barnette replied it was very expensive. Mayor Lund stated he did not know how they could make an exception. He said he believed that that having a hard-surface driveway would increase the homestead's value. Councilmember Bolkcom commented on how many others had already taken care of their driveways. MOTION by Councilmember Wolfe to deny Variance Request, VAR #02-17. Seconded Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 19. PUBLIC INFORMATION MEETING ON THE CITY OF FRIDLEY PART 1 WELLHEAD PROTECTION PLAN. Mr. Haukaas, Public Works Director, stated the entire report is available to the public, and a CD-Rom version has been provided to neighboring cities. It included the delineation of wellhead protection areas and DWSMA (Drinking Water Supply Management Area). He said the report was prepared by Steven Robertson of the Minnesota Department of Health. The program in general is administered by the Department of Health and associated with the Safe Drinking Water Act and the Minnesota Groundwater Protection Act. He said the Anoka County Wellhead Planning Group, which consists of 10 Anoka County cities working together was created. He said he believed they are one of the earlier groups which is why they are working directly with the Department of Health. The other members of the group are Anoka, Blaine, Centerville, Circle Pines, Coon Rapids, Le�ngton, Lino Lakes, Ramsey, and Spring Lake Park. The purpose of the Wellhead Protection Plan is to prevent contamination by management of potential contaminant sources in the area which contribute water to the public water supply. Unlike most plans which are a remediation, this is designed as a prevention matter. The plan will help to educate the public about the connection between surface to groundwater contamination and water supply protection. He outlined the steps in the process. Councilmember Barnette asked if the drinking water was safe. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 28, 2002 PAGE 21 Mr. Haukaas replied that it was. Mayor Lund asked if this meeting also included public input. Mr. Haukaas stated at this time they are asking for input if there are some concerns as to where the delineations need to be. Mayor Lund asked when Mr. Haukaas spoke about delineation, if he meant how they established the areas. Mr. Haukaas replied that was correct. Dr. Burns asked is the study would identify the source of the TCE contamination of wells. Mr. Haukaas stated it may help them identify the source. He said it was an issue that had been looked at for quite some time independent of this. Mayor Lund recalled the West Moore Lake contamination with the geese droppings. Mr. Haukaas replied that is the only source that can be determined at this time. He stated they have tested it again and it is back down to acceptable levels. He stated it is going to make a difference where in the lake you sample the water. Mayor Lund pointed out the study is not about surface water, but about groundwater. Mr. Billings asked how many parts the report consisted of. Mr. Haukaas replied there were 2 parts. Mr. Billings asked if this was mandated by the city or mandated by another public entity. Mr. Haukaas stated this is mandated partially by the federal and by the state. Councilmember Billings asked how many hours the City spent on Part I. Mr. Haukaas guessed a couple of weeks of man hours. Councilmember Billings asked how long Part II would take. Mr. Haukaas replied significantly longer. Councilmember Billings asked if every municipality in the State was doing the same thing? Mr. Haukaas stated yes, every public water supply. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 28, 2002 PAGE 22 Councilmember Billings stated that in Minnesota, money was being spent on these e�tra programs that were federal and state mandated. Mr. Haukaas replied that he was correct. Councilmember Billings commented that he thought it would be appropriate to tell our representatives in Washington and St. Paul the cost of this unfunded program. Mayor Lund asked if the program was unfunded. Mr. Haukaas replied that it was. Councilmember Billings stated they are constantly testing the water to make sure it meets federal standards. He said the federal government keeps requiring more, but they do not provide any funding to help clean up the water. Mr. Harris, 6400 Riverview Terrace, asked if Mr. Haukaas could send him a copy of the report. 20. INFORMAL STATUS REPORTS Councilmember Bolkcom stated over 2,200 people attended the Halloween event at Springbrook Nature Center. ADJOURN: MOTION by Councilmember Barnette to adjourn the meeting. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE OCTOBER 28, 2002, CITY COUNCIL MEETING ADJOURNED AT 10:47 P.M. Respectfully submitted, Denise M. Letendre Scott J. Lund Recording Secretary Mayor