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04/14/2003 - 4629OFFICIAL CITY COUNCIL AGENDA CITY COUNCIL MEETING APRIL 14, 2003 � � CffY OF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF APRIL 14, 2003 7:30 p.m. - City Council Chambers Attendance Sheet ALFASF AR/NT NAMF, At�URFSS ANfl /fFM NUMB�'ir YOU ARF /NTFftFSiFf� /M. � � CfTY OF FRIDLEY CITY COUNCIL MEETING OF APRIL 14, 2003 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, reli�ion, 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. Board of Review NEW BUSINESS: BOARD OF REV/EW MEET/NG .................................................................................................. 1 CITY COUNCIL MEETING 1. Motion to Reconsider Variance Request, VAR #03-05, by Brian Bona, to Reduce the Setback from an Adjacent Residential District from 50 Feet to 10 Feet to Allow for the Construction of a Car Wash, Generally Located at 5311 University Avenue N.E. (Ward 1) - .................................................................................................. 2 FRIDLEY CITY COUNCIL MEETING OF APRIL 14, 2003 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of March 24, 2003 NEW BUSINESS: 2. First Reading of an Ordinance Amending the Fridley City Code, Chapter 507, BathingBeaches ........................................................................................ 4 - 7 3. Receive the Minutes of the Planning Commission Meeting of March 19, 2003 ......................................................................... 8- 12 4. Approval of Development Agreement between the City of Fridley and Michael Juaire for the Norton Manor First Addition (Ward 2) ..................................................................... 13 - 19 5. Resolution Approving a Plat, PS #03-01, Norton Manor First Addition, by Michael Juaire, PMJ Group, Inc., for the Purpose of Constructing an 8-Unit Townhome Development, Generally Located at 1152 and 1170 Norton Avenue N.E. (Ward 2) ............................................ 20 - 25 FRIDLEY CITY COUNCIL MEETING OF APRIL 14, 2003 PAGE 3 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 6. Variance Request, VAR #03-07, by Pete Sargent, Belair Excavating, to Reduce the Width of a Parking Stall from 10 Feet to 9 Feet to Allow the Expansion of a Parking Lot, Generally Located at 1350 Gardena Avenue N.E. (Ward 2) ........................................................ 26 - 33 r i 7. Approve Change Order No. 2 for the Construction of the Fridley Municipal Garage Expansion ................................................ 34 - 35 8. Claims .................................................................................................. 36 9. Licenses .................................................................................................. 37 - 42 . 10. Estimates .................................................................................................. 43 � ADOPTION OF AGENDA. OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes. FRIDLEY CITY COUNCIL MEETING OF APRIL 14, 2003 PAGE 4 PUBLIC HEARING: 11. Consideration of the Renewal of the Intoxicating Liquor License for MN Sean Co., d/b/a Sean's = Grill & Pub, Generally Located at 8298 University Avenue N.E. (Ward 3) ................................................................ 44 � : NEW BUSINESS: � 12. Resolution Denying Renewal of Intoxicating Liquor License for MN Sean Co., d/b/a Sean's Grill & Pub, Located at 8298 University AvenueN.E. (Ward 3) ................................................................................ 45 - 87 13. Resolution Receiving Final Plans and Specifications and Ordering Advertisement for Bids: Marian Hills Neighborhood Street Improvement Project No. ST. 2003 — 1 ............................................................................................... 88 - 90 14. Informal Status Reports .............................................................................. 91 ADJOURN. .., FRIDLEY CITY COiTNCIL MEETING OF APRIL 14, 2003 ' QfY 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, ar activities because of race, color, creed, religion, national origin, se�c, disability, age, marital status, seYUal orientation or stattis 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 �72-3500 at least one week in advance. (TTD/572-3534) � �, o �- � � PLEDGE OF ALLEGIANCE. BOARD OF REVIEW MEETlNG Board of Review ................................... 1 � � SS °7 : 3 z. � �^-� � e�P-�lA�r�- CITY COUNCIL MEETING NEW BUSINESS: APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): � �/�� - V.� �.�, -� �l �Z �'v3 4 Motion to Reconsider Variance Request, VAR #03-05, by Brian Bona, to Reduce the Setback from an Adjacent Residential District from 50 Feet to 10 Feet to Allow for the Construciion of a Car Wash, Generally Located at 5311 University Avenue N.E. (Ward 1) ................................................ 2 - 3 � v� � (C P� f ,� = /�- (�z � � ✓i s ; li.c � � v�` J s �� /ks � �( a��. -�Z� -� l z S' �7,� r-�- � s z v� rX o u�- vL a k-+ c�z s-Fv � �... ��.. Q G. ,f- ? c� � � P _ L' w `!�L-�✓"j' % �F �2.'� • , APPROVAL OF PROPOSED CONSENT AGEND� �,t�� APPROVAL OF MINUTES�' � ��'� � �" �1 City Council Meetin�of March 24, 2003 ��.a�,,�" u`' � ,��N � � \ �4 �� ,� o- J� � � . ti \�� c, �� .� g c� ,� 0' NEW BUSINESS: 2. First Reading of an Ordinance Amending the Fridley City Code, Chapter 507, Bathing Beaches ............................. 4 - 7 Receive the Minutes of the Planning Commission Meeting of March 19, 2003 ............. 8- 12 Approval of Development Agreement between the City of Fridley and Michael Juaire for the Norton Manor First Addition (Ward 2) ......... 13 - 19 Resolution Approving a Plat, PS #03-01, Norton Manor First Addition, by Michael Juaire, PMJ Group, Inc., fior the �'urpose of �onstructing an 8-Unic Townhome Development, Generally Located at 1152 and 1170 Norton Avenue N.E. (Ward 2) ................................... 20 - 25 ��-�� 6. Variance Request, VAR #03-07, by Pete Sargent, Belair Excavating, to Reduce the Width of a Parking Stall from 10 Feet to 9 Feet to Allow the Expansion of a Parking Lot, Generally Located at 1350 Gardena Avenue N.E. (Ward 2) 26 - 33 ................................... 7. Approve Change Order No. 2 for the Construction of the Fridley Municipal Garage Expansion .......................... 34 - 35 � *� . F FRIDLEY CITY COUNCIL MEETING OF APRIL 14, 2003 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED)• E3 � 10 Claims Licenses Estimates �% 37 - 42 '� �'` . ,� �� NEW BUSINESS (CONTINUED)• � �(1�\ 13 �`Resolution Receiving Final Plans and �-a�%3 ��(x Specifications and Ordering Advertisement ^�� for Bids: Marian Hilis Neighborhood � Street Improvement Project No. ��' X%C° 003 1.... ................. 88� 90 `"P � � ,� �s,r,C�'h' � l�� `n�A��o�` , ID� W� � I il' � �Z `�, ��' � � �Q��' j��. � )r� Q Informal Status Reports S�Sd 7.03 ��-�Gt.e-, . � Z C�;�JL-. 43 ��,��/�� ADJOURN._ � �" ' � c� - �� C � n� c,� �- � ADOPTION OF AGENDA. A�� n��A �� 5 a, _ �, �v ; -{��G�. � Z �F I ✓ OPEN FORUM, VISITORS: Consideration of items not on Agenda -15 minutes. � o� �(��-°SgPnn PUBLIC HEARING: � � � S ,Q' � �� 1. Consideration of the Renewal of the Intoxicating `pSs !�` liquor License for MN Sean Co., d/b/a Sean's � Grill and Pub, Generally Located at 8298 ,�C'��R & i��j� �Jniversity Avenue N.E. (Ward 3) .... 44 -� 3 � � -n�� 0 (��i�� C�,�,SY�'�"�� ^ � ��2 ",�,v- � � ��,�\` � ��' � �- � � � � �, C�� NEW BUSINESS: � � 12. Resolution Denying Renewal of Intoxicating �a� Liquor License for MN Sean Co., d/b/a Sean's ,+� Grille & Pub, Located at 8298 University / Avenue N.E. (Ward 3) ..................... 45 - 87 ............. 91 � i�� ,14/09 MON 1T:08 FAR 805 3�4 1072 THE RAMROTA COMPANIES K�LLY IN�S, LTD � . 26a0 Nodh Louise Avenue � (605) 334-2958 3ioux Falls, SO 57107 � FAX (606) 3348480 VjA FAX: Apri114, 2003 763-571-1287 TO: Mazy Szn�ith � A�r, County of Anoka FROM: Tom Morris � . Kelly Capital I V�tures Limitcd Patt�nership RE: PIN: R25 30 24 22 0073 5201 Central Avea�ue NE Fridley, N!N 55421 . As per our telephone ooaversation today, I will nat be able to attard the Local Board of Appea! and �� Equali�ation meeting�this evcning. I�would, laowcvcr, like to keep our file open and work with you�over the next oouple af weeks to d�i�e a�Fair value for tb.e Best Westan Ketly �nn Fridley. � The assesscd vatuation increased from �2,40�,700 to 53,050,900; a 26.79�o increese. I believe thc value . should have actuaY deaeased, as revenues and operating results have decline3 over the tast 6ew years. I will send you some financial information wifhin the next few days on the Best Western Kelly Inn Fridley. _ After you have had a c6snce to review that inform.ation, plesse give me a cal{ to disc�ss at 605/3342371: I am camfi.dent that the two of us can reaah an ageeable va]uation. . • �. Thanks in advance £or yotn' coopera6on. Fo� Reservations Ca111-S00-635-3559 . r�ooi ' C April 10, 2003 Ms. Mary Smith Anoka County 6431 University Ave., NE Fr;�ley, �.�IN 554'�2 Sent Via Fax and regular mail RE: Con-Way Central Express 51 81 St Ave., NE Parcel #R03 30 24 14 0006 Dear Ms. Smith: As pursuant to our conversation please accept this letter as our request for a review of the 2004 Taxable Market Value for the above-referenced property. As we discussed, I will be unable to attend a hearing before the Board of Appeal and Equalization on April 14, 2003 due to a prior commitment. However, I will forward information to you in the near future. � If you have any questions please contact me at (847) 549-1186. Thank you for your time and cooperation with this matter. Sincere�, �, f��,,�,, �/-��;�� Brett A. �Iarrington Vice President Headquarters O�ce: 110 PZeasantAvenue, Upper Saddle River, NewJersey 07458 phone: 201/934-7000 fir�e: 201/934-7255 City of Fridley Notice of Board of Review Notice is hereby given, that the Boazd of Review of the City of Fridley, County of Anoka, Minnesota, will meet the City Hall Council Chambers in said City at 7:00 p.m., on Monday, April 14, 2003, for the purpose of reviewing and correcting the assessment of said city for the year 2004. All persons considering themselves aggrieved by said assessment, or who wish to complain that the property of another is assessed too low, are hereby notified to appear at said meeting, and show cause of having such assessment corrected. No complaint that another person is assessed to low will be acted upon until the person so assessed, or his agent, shall have been notified of such complaint. Given under by hand this 3`d day of March, 2003. Debra A. Skogen, City Clerk (Published April 3 and April 10, 2003.) 1 0 � AGENDA ITEM � CITY COUNCIL MEETING OF APRIL 14 2003 CfTY OF � FRIDLEY DATE: April 11, 2003 � TO: William W. Burns, City Manager � FROM: Scott J. Hickok, Community Development Director SUBJECT: Bona Variance VAR-03-O5, 5311 University Avenue INTRODUCTION Two members of the "prevailing" side of the vote, have raised a question regarding VAR-03-O5, and their ability to bring the matter back for reconsideration. As you will recall, this was a variance request by Brian Bona for consideration of a variance to allow the addition of a car wash on his facility at 5311 University Avenue. ELEMENTS FOR CONSDERATION For the convenience of those who have asked, I have attached the pertinent portion of Robert's Rules of Order to enable a better understanding of the process for reconsideration of a Council action. 36. Reconsider. l This motion is peculiar in that the making of the motion has a higher rank than its consideration, and for a certain time prevents anything being done as the result of the vote it is proposed to reconsider. It can be made only on the day the vote to be reconsidered was taken, or on the next succeeding day, a legal holiday or a recess not being counted as a day. It must be made by one who voted with the prevailing side. Any member may second it. It can be made while any other question is pending, even if another member has the floor, or after it has been voted to adjourn, provided the chair has not declared the assembly adjourned. It may be made after the previous question has been ordered, in which case it and the motion to be reconsidered are undebatable.... In simple terms, this means that one of the three Council members who voted to deny this matter would need to make a motion for reconsideration. Once such motion is made, any of the five Council members can second the motion. A motion to reconsider an item takes a higher position on the agenda than anything else. Timing of this reconsideration is important. The motion, could have been made prior to adjournment of the last meeting, C! Reconsideration of Action April 11, 2003. PAGE 2 but was not. Therefore, it must be made at this ne:ct meeting. Our City Attorney recommends the motion, if it is to be made, should be made prior to approval of the March 24, 2003, meeting minutes. Once offered as a motion the motion is not debatable. Knowing the City Council would desire to involve all public who have been before or may now be interested in this reconsideration, staff would then recommend an immediate motion to table the reconsideration until their Apri128, 2003 meeting. This will give staff adequate time to notify neighbors and anyone else who may have attended a meeting, called, or otherwise expressed an interest in this matter. STAFF RECOMMENDATION Staff recommends that if this matter is to be called for reconsideration, that a motion be made, prior to the approval of the Minutes of the Apri128, 2003, meeting. Further, staff recommends that the matter be immediately tabled (if the motion to reconsider receives a second) until the Apri128, City Council meeting. 1. Robert's Rules of Order, by General Henry �I. Robert, 1915 version, Public Domain, 1996 revised, Copyright m Constitution Society 3 THE MINUTES OF THE FRIDLEY CITY COUNCIL MEETING OF MARCH 24, 2003 NIINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF NIARCH 24, 2003 The ReQular Meeting of the Fridley City Council was called to order by Mayor Lund at 7:33 p.m. PLEDGE OF ALLEGIANCE: Mayor Lund led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Vlayor Lund, Councilmember Barnette, Councilmember Bolkcom, Councilmember Billings, and Councilmember Wolfe. MEMBERS ABSENT: None. OTHERS PRESENT: William W. Burns, City Manager Scott Hickok, Community Development Director Jon Haukaas, Public Works Director Fritz Knaack, City Attorney PRESENTATION OF PLAQUE TO FIRE CHIEF: Mayor Lund presented a plaque to former Fire Chief Chuck McKusick. Mr. McKusick worked for the City far over 34 years, from December 1, 1968, through March 21, 2003. He congratulated him on his many years of service. Mr. McKusick thanked the Mayor. Mr. Denny Fredrickson, Ace Solid Waste, presented a check in the amount of $830 to the City of Fridley for the parks in the City. He said Ace Solid Waste liked to give something back to the communities they worked in. Ace contributed $5 per new customer. Mayor Lund thanked Mr. Fredrickson and Ace Solid Waste for the check. He said it would be used for replacement of picnic tables and benches needed at various City parks. APPROVAL OF MINUTES: City Council Meeting of February 24, 2003. APPROVED. City Council Meetin� of March 3, 2003. APPROVED. FRIDLEY CITY COUNCIL MEETING OF MARCH 24, 2003 PAGE 2 OLD BUSINESS: 1. ORDINANCE NO. 1173 AMENDING CHAPTER 6 OF THE FRIDLEY CITY CODE AMENDING THE MEMBERSHIP OF THE PLANNING COMiVIISSION. Dr. Burns, City Manager, stated this ordinance amended the membership of the Planning Commission from two at-large members to three. The first reading was held on Nlarch 3. Staff recommended Council's approval. WAIVED THE READING AND ADOPTED ORDINANCE NO. 1173 ON SECOND READING AND ORDERED PUBLICATION. 2. ORDINANCE NO. 1174 TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA, BY MAKING A CHANGE IN ZONING DISTRICTS REZO1vING REQUEST, ZOA #03-01, BY MICHAEL NAIRE, TO REZONE PROPERTY FROM M-1, LIGHT INDUSTRIAL, TO R-3, GENERAL MULTIPLE UNITS, GENERALLY LOCATED AT 1152 NORTON AVENUE N.E.) (WAR� 2)• Dr. Burns, City Manager, stated the petitioner, Michael Juaire, was asking for the rezoning in order to build an 8-unit apartment building at this location. The public hearing and the first reading for this action were heard at Council's March 3 meeting. Staff recommended approval of the second and final reading of this ordinance with the following 21 stipulations: l. The final landscape plan shall meet code requirements for number of and sizes of plantings and be reviewed and approved by City staff prior to issuance of a building permit. 2. A landscape plan for the ponding area, in lieu of fencing to be reviewed and approved by City staff prior to issuance of a building permit. 3. A storm pond maintenance agreement shall be filed with the City prior to issuance of a building permit. 4. All landscaped areas shall have irrigation installed. 5. The proposed walkway shall be concrete. 6. Brick type and application on elevations and other external building materials to be reviewed and approved by City staff prior to issuance of a building permit. 7. A grading and drainage plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. 8. The sewer connection shall be located near cul-de-sac. FRIDLEY CITY COUNCIL MEETING OF MARCH 24, 2003 PAGE 3 9. Six-inch watermain to be looped according to City engineering staff s specifications. 10. A 12-foot utility and drainage easement shall be granted along the entire southern edge of the property prior to final plat. 11. A 2�-foot easement from the centerline of Norton Creek on the west side of the property shall be granted prior to final plat. 12. The parking lot shall be constructed to code standards. 13. All elements of the building shall meet the current building code and be approved by the City Building Official. 14. The petitioner shall pay applicable park dedication fee of $1,500 per unit prior to the issuance of any building permits. 15. The fire turn around shall be re-designed to meet the City's Fire Department standards. 16. The driveway and fire turn around shall be designed to 9-ton standards. 17. The fire turn around shall be posted, "No Parking Fire Lane." 18. The size of the landscape islands shall be reduced by 5 feet in order to accommodate fire equipment. 19. The petitioner shall meet all Rice Creek Watershed District requirements prior to issuance of a building permit. 20. Provide proof that any existing wells or individual sewage treatment systems located on the site are property capped or removed. 21. A Development Agreement outlining the developer's obligation to install utilities, etc., will be prepared by the City and sha11 be signed by the Petitioner prior to final plat approval. • WAIVED THE READING AND ADOPTED ORDINANCE NO. 1174 ON SECOND _ READING AND ORDERED PUBLICATION. 3. ORDINANCE NO. 1175 UNDER SECTION 12.06 OF THE CITY CHARTER DECLARING CERTAIN REAL ESTATE TO BE SURPLUS AND AUTHORIZING THE SALE THEREOF (GENERALLY LOCATED IN THE RIGHT-OF-WAY SOUTH OF 5541 FIFTH STREET N.E. (WARD 1). Dr. Burns, City Manager, stated the 3,385.1 square foot parcel would be sold to Sylvester Builders Incorporated for $1 per foot. The property was once owned by MnDOT and FRIDLEY CITY COUNCIL MEETING OF MARCH 24, 2003 PAGE 4 considered part of the I-694 right-of-way. It was later returned back to the City. Since the property by itself was not buildable, staff recommended that it be declared surplus and sold subject to the following conditions: 1. Purchaser cover all filing fees associated with transaction. 2. Purchaser provide a guarantee of clean title. 3. Parcel be combined with Purchaser's existing property. 4. Purchaser prepare a quit claim deed. 5. Purchaser provide the new legal description of the property to the City. 6. City must approve architectural elevations of any buildings to be constructed on the combination of lots prior to issuance of any building permits. 7. The sale shall be effective by July 1, 2003. WAIVED THE READING AND ADOPTED ORDINANCE NO. 1175 ON SECOND READING AND ORDERED PUBLICATION. NEW BUSINESS: 4. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF MARCH 5, 2003. RECEIVED. 5. RESOLUTION NO. 16-2003 REQUESTING MUNICIPAL STATE AID SYSTEM CONSTRUCTION FUNDS FOR OTHER LOCAL USE. Dr. Burns, City Manager, stated the City was requesting the release of funds to support its 2003 street reconstruction project. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 16-2003. 6. RECEIVE BIDS AND AWARD CONTRACT FOR THE 2003 MISCELLANEOUS CONCRETE REPAIR PROJECT NO. 351. Dr. Burns, City Manager, stated the low bid was submitted by Creative Curb of Watkins, Minnesota, in the amount of $73,387.50. The project included remedial sidewalk repair, repair of concrete streets, and replacement of concrete curb due to utility repairs or driveway entrance permits. Staff recommended that Council receive the bids and award the contract for the 2003 Miscellaneous Concrete Repair Project No. 351 to the low bidder, Creative Curb. FRIDLEY CITY COUNCIL MEETING OF NIARCH 24, 2003 PAGE 5 RENIOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 7. APPROVE CONTR�CT BETWEEN THE CITY OF FRIDLEY AND SEH FOR THE COMPLETION OF DESIGN DOCUMENTS FOR THE TH 65 CAUSEWAY PROJECT. Dr. Burns, City Manager, stated the City's consultant, SEH, had been workina w-ith MnDOT on the design for the TH6� Causeway Project for approYimately two years. In the process of working with MnDOT, the scope of the project had gone far beyond the original intent. In order to complete the design work for the project, SEH needed another $2�0,000. Since the completion of the design work was necessary for federal and state construction funding and the amount was reimbursable from the City's municipal state aid construction account without affecting the amount available for the neighborhood street reconstruction program, staff recommended Council's approval of this contract amendment. APPROVED. 8. APPROVE AGREEMENT BETWEEN THE CITY OF FRIDLEY AND MORRELL ENTERPRISES FOR YARD WASTE TRANSFER SERVICES. Dr. Burns, City Manager, stated this was the extension of an agreement first approved in 1999. The agreement and cost proposed was the same as 2002. The total cost for this service was about $4,086 per year. Staff recommended Council's approval. REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 9. SET A PUBLIC HEARING FOR APRIL 14, 2003, TO CONSIDER THE RENEWAL OF THE INTOXICATING LIQUOR LICENSE FOR MN SEAN CO., DB/A SEAN'S GRILL AND PUB, GENERALLY LOCATED AT 8298 UNIVERSITY AVENUE N.E. (WARD 3). SET A PUBLIC HEARING DATE FOR APRIL 14, 2003. 10. APPROVE REAPPOINTMENTS TO FRIDLEY CITY COMMISSIONS. Dr. Burns, City Manager, stated the commission members whose terms expire this year have indicated a desire to serve an additional term. Staff recommended Council's approval of the reappointments. APPROVED. 11. APPOINTMENT — CITY EMPLOYEE. FRIDLEY CITY COUNCIL NfEETING OF MARCH 24, 2003 PAGE 6 Dr. Burns, City Manager, stated this was a motion to appoint John Berg as the new Fridley Fire Chie£ John has been the Assistant Fire Chief since June of 2000. He has been a full-time Fridley tirefighter since 1994 and a firefighter since 1984. He has an Associate of Science Degree in aviation electronics from NEI College. His other credentials include an Associate of Science Degree from North Hennepin Community College in respiratory therapy. He also has various certifications including EMT, ` hazardous materials, and Firefighter III. In view of his accomplishments and his demonstrated leadership as Assistant Fire Chief, staff recommended his appointment as Fridley's 6`h fire chief. APPOINTED JOHN BERG AS FRIDLEY FIRE CHIEF. 12. CLAINIS. AUTHORIZED PAYMENT OF CLAIM NOS. 110364 THROUGH 110670. 13. LICENSES. APPROVED LICENSES AS SUBMITTED AND AS ON FILE. APPROVAL OF PROPOSED CONSENT AGENDA: Councilmember Bolkcom asked that Item 8 be removed to the regular agenda. Councilmember Billings asked that Item 6 be removed to the regular agenda. MOTION by Councilmember Barnette to approve the proposed consent agenda with the removal of Items 6 and 8 to the regular agenda. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF AGENDA: MOTION by Councilmember Bolkcom to adopt the agenda with the additions of Items 6 and 8 from the consent agenda. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE _ MOTION CARRIED UNANIMOUSLY. OPEN FORUM, VISITORS: There was no response from the audience under this item of business. PUBLIC HEARING: FRIDLEY CITY COUNCIL NIEETING OF MARCH 24, 2003 PAGE 7 14. CONSIDERATION OF THE 62�D WAY EXTENSION PROJECT NO. ST. 2003-2. NIOTION BY Councilmember Bolkcom to open the public hearing. Seconded by Cotmcilmember Wolfe. � UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING OPENED AT 7:50 P.M. Attorney Knaak, City Attorney, stated that one of the subject properties in this project was currently involved in litigation related to this issue. As a result, they recommended that the hearing be continued until such time as the liti�ation was resolved. The hearing should be opened subsequently after appropriate public notice was made. He said that one of the other property owners requested that further proceedings be delayed. He said staff recommended that the hearing in this matter be continued indefinitely. MOTION by Councilmember Bolkcom to receive into the record a fa�c received on March 20, 2003, from Mr. Richard Harris. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Bolkcom to continue the public hearing for the 62°d Way Extension Project No. ST. 2003-2 per the recommendation of the City Attorney. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. NEW BUSINESS: 15. RESOLUTION NO. 17-2003 ORDERING FINAL PLANS AND SPECIFI- CATIONS AND ESTIMATES OF COSTS THEREOF: MARIAN HILLS NEIGHBORHOOD STREET IMPROVEMENT PROJECT NO. ST. 2003-1. Mr. Haukaas, Public Works Director, stated the resolution ordered finalization of construction • plans for the 2003 neighborhood street reconstruction project in Marian Hills. One outstanding issue they would like to resolve was a proposal to realign the intersection of 52"d Avenue and _ Taylor Street. He said they recommend that it be realigned into a"S" shape intersection. It would improve the intersection. He said since it was in the proposed construction project area, now was the time to make the changes. Dr. Burns, City Manager, said the major issue was approval of the final plans and specifications. Mr. Haukaas replied that it �vas. He said they would like some direction so they can finalize the plans. FRIDLEY CITY COUNCIL MEETING OF MARCH 24, 2003 PAGE 8 Councilmember Billings stated he was not aware that this was going to be part of this agenda item. Earlier, he spoke to a resident of the neighborhood and Said he was not aware of anything on the agenda regarding this matter. He said if this was crucial to adopt the resolution, he would recommend tabling this matter until there was an opportunity to have a meeting with the affected property owners in the neighborhood. Councilmember Billings said that with respect to the resolution, Item 2 near the bottom the of resolution said "That the followina work be incorporated in the 2003 street improvement project as ST. 2003-1." There was nothina after that sentence Mr. Haukaas said the sentence should read, "That the preceding wark ...." Item 1 listed the individual items that �vould be involved. Councilmember Billings asked if they could approve the resolution without having the 52nd Avenue intersection matter resolved. Mr. Haukaas said they could move forward with the resolution. The resolution directed them to develop the final plans. The issue would need to be resolved prior to approval of the final plans at a future meeting. Councilmember Billings stated it was his understanding that a mailing was sent to the four property owners, and they are split two and two on this issue. He said he knew staff had been working with the residents. He said he did not realize this issue was going to be on the agenda. Councilmember Barnette asked why the neighbors were opposed to the project. Mr. Haukaas stated they sent a mailings to approximately 8 to 12 residents in the area and they had conversations with four to six of them. With respect to the two residents opposed to the project, one was north of 52"d Avenue on Taylor Street and she felt that this intersection in its current configuration slowed down the traffic. She though any realignment would make it a speedway. The other resident had some concerns with that but understood the City's position. He would actually end up getting about an additional 30 feet of driveway that he was not real happy about having. The residents implied that they would be at the meeting and therefore, he was ready to bring this to Council. He said they could order final preparation of the plans and this issue could be taken care of prior to approval of the final plans. Councilmember Bolkcom stated she was not at the public hearing on this matter, but she did review the tape from the meeting, and there was no discussion about this at all. She said she was concerned that they are ordering final plans when this has not been resolved. She said she had some questions. She did not remember seeing the letter that was sent. Mr. Haukaas replied this issue came up after the neighborhood meeting. It was similar to what was done in Edgewater Gardens last year. He said they took the same approach. They sent information to the immediate intersection area to get their input and proceeded along those lines. FRIDLEY CITY COUNCIL NIEETING OF MARCH 24, 2003 PAGE 9 Councilmember Bolkcom said she had concerns about how that was handled. She said some resident would be getting an additional driveway. She asked who would be responsible for paying to put that driveway in. Mr. Haukaas said they would be install that driveway as part of the driveway connection. He said a whole realignment meant a ne�v base and new curbs. If they are going to do this, they feel this is the time. This was not an issue at the neighborhood meeting. It came up since the meeting. Mayor Lund asked if anyone from the neighborhood of the project was in the audience. Councilmember Wolfe asked if the neighbors who live in the southwest corner of the cul-de-sac would be getting about 30 more feet added to their front yards. Mr. Haukaas said they would. Councilmember Wolfe said they would be taking away property from the apartment complex. Mr. Haukaas said the property was owned by the City. Councilmember Wolfe said there were no stop signs for the people going east and west. Mr. Haukaas replied that there would be. He said there would be a three-way stop. He said with the apartment driveway, it would effectively be a four-way stop. MOTION by Councilmember Billings to adopt Resolution No. 17-2003 and to make the following change: "2. That the preceding work be incorporated in the 2003 street improvement project as ST. 2003-1." Councilmember Bolkcom asked how this will be resolved and if there would be any delays. Mr. Haukaas said they would continue to work on the overall project. There may be a delay of two weeks to a month. If they move immediately on this matter, however, the delay should be minimized. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 16. PRELIMINARY PLAT REQUEST, PS #03-02, BY TED THEILMANN, TO REPLA.T PROPERTY TO CREATE 8 SINGLE FAMILY LOTS, GENERALLY LOCA'�ED AT 1540 RICE CREEK ROAD N.E. (WARD 2) Mayor Lund st:�ted this was a preliminary plat request, PS #03-02, by Ted Theilmann to replat property to crea.te 8 single-family lots, generally located at 1540 Rice Creek Road. Mr. Hickok, Community Development Director, stated the existing home was built prior to 1949 and the existing garage was constructed in 1962. Both of these buildings will be removed to FRIDLEY CITY COUNCIL NIEETING OF MARCH 24, 2003 PAGE 10 accommodate the creation of eiQht single-family lots. Fridley City Code required that the lots, R-1, Single-Family District, have a minimum lot area of 9,000 square feet. The lots will exceed the minimum lot area requirements. Fridley City Code also required that the lots in the R-1 district be a minimum of 7� feet in width at the required front yard setback. He said that allowing this development would provide additional home ownership opportunities for Fridley residents or people wanting to move to this area. The Comprehensive Plan stated that future ` redevelopments should plan for densities to match the surrounding development patterns. Redevelopment of this property into eight single-family lots would meet that criteria. � Mr. Hickok said that 1540 was a large lot. There was also the question of when Woodside Court would be connected. He said the plat would include the connection of Woodside Court which would allow for a more efficient snowplowing system by reducing the amount of time that was required to clear the street of snow. A connection of the street would also complete the transportation system and water system in the neighborhood. Mr. Hickok said the subdivision ordinance states that if the Planning Commission or" City Council, upon finding any regulations or requirements of the Code that cannot be met by a particular subdivision, may grant approval of a plat request with minor variances. Recognizing minor Code deficiencies through the platting process is not intended to set precedence for future variance requests. The Planning Commission reviewed this and recommended approval with stipulations. He said staff recommended concurrence with the Planning Commission. Mayor Lund said it appeared that this would be a challenging site because of the elevations for storm water runoff. He asked what staff planned to do. Mr. Haukaas, Public Works Director, replied that he looked at the site and the Planning Commission meeting minutes also. He said as the drainage system was set up in that area, it would need to drain from the west to the east, basically right through a hill without the addition of an additional storm sewer. In order to do that without some very significant retaining walls, most of the hill would have to go. Mayor Lund asked what the finished hill would look like. Mr. Haukaas said that they had not seen the final grading plans yet. One of the stipulations required that they be reviewed and approved by staff. They will also need agreement of the property owners. Councilmember Wolfe asked about the landscaping at 1541. Mr. Haukaas said the work was done in the public right-of-way. He said it was the City's property. By approve the plans and allowing the development to proceed, the City was giving the developer the authority to reconstruct that area. Councilmember Wolfe if they would need to get rid of a lot of trees. FRIDLEY CITY COUNCIL MEETING OF MARCH 24, 2003 PAGE 11 Mr. Haukaas said when he watched the Planning Commission meeting, the general feeling he got was that the neighborhood was okay with that because they knew the hill had to go. Mayor Lund recalled from the discussion at the Planning Commission, that there were some agreements to keep the residents advised as to the grading plan so they would have input and that the developer would work with those residents. � Mr. Haukaas said there was an excellent effort on behalf of the developer to inventory the trees and try to save them whenever possible Mr. John Johnson, Director of Engineering for Metro Land Surveying and Engineering, stated that he would answer any questions. Mayor Lund asked if there were any questions from Council. Councilmember Wolfe commented that if Council moved to approve this, there was still a lot more work left. Mr. Ron Larson, 6221 Rice Creek Drive N.E., asked about the 13`h stipulation that was adopted at the Planning Commission meeting. He said he wanted to make sure it was included. Mayor Lund stated he would list the stipulation during the motion. Mr. Larson asked who would be responsible for paying for the street extension Mr. Hickok replied it was anticipated that the road connection would be made a part of the development as a cost to the developer. MOTION by Councilmember Wolfe to approve the Preliminary Plat PS #03-02, Ted Theilmann, with the following thirteen stipulations: 1. The petitioner shall obtain all necessary permits prior to construction. 2. Any remaining debris fror� demolition of existing home and any outdoor storage on site shall be removed prior to granting of final plat. 3. Regular maintenance of the site to be done by the developer until the homes are built. 4. Grading and drainage plan to be approved by City's engineering staff prior to the issuance of any building permits, in order to minimize impacts to the surrounding properties. 5. Provide proof that any existing wells or individual sewage treatment systems located on the site are property capped or removed. 6. During construction, silt fencing shall be used where applicable. FRIDLEY CITY COUNCIL MEETING OF MARCH 24, 2003 PAGE 12 7. The petitioner shall provide easements as required by Section 211.07.21 of the City Code. 8. The petitioner to pay $1,�00 per lot park fees prior to issuance of building permits. 9. The petitioner shall be responsible for the installation of se�ver and water service connections from property line to eYisting City utilities. Plan to be approved by City's engineering department. 10. The petitioner shall agree to preserve mature trees to the eYtent possible. All trees required to be removed for the new homes shall be marked and approved by City staff prior to issuance of buildin� permits. 11. The petitioner shall work with existing contours of the land and preserve existing slopes to the eYtent possible. 12. A Development Agreement outlining the Developer's obligation to install utilities, etc., will be prepared by the City and shall be signed by the Petitioner, prior to final plat approval. 13. The petitioner shall hold a meeting with the neighborhood to go over the grading and drainage plans prior to issuance of building permit. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 17. VARIANCE REQUEST, VAR #03-05, BY BRIAN BONA, TO REDUCE THE SETBACK FROM AN ADJACENT RESIDENTIAL DISTRICT FROM 50 FEET TO 10 FEET TO ALLOW FOR THE CONSTRUCTION OF A CAR WASH, GENERALLY LOCATED AT 5311 UNIVERSITY AVENUE (WARD 1). Mr. Hickok, Community Development Director, stated the petitioner was seeking a setback to allow the construction of a new 16-foot car wash 5311 University Avenue N.E. In his hardship statement, Mr. Bona stated, "1. The existing car wash requires use of the alley to negotiate the entrance. The proposed car wash will eliminate this need. 2. Existing car wash door faces residential neighborhood, directing noise from blower (drier) directly at residents. Proposed car wash will have drier mounted at exit directing noise at 53`d Avenue and adjacent commercial property. 3. There is no other suitable location on this property. It will not fit anywhere else, without disrupting traffic flow." Mr. Hickok said the property was zoned C-2 General Business and was located at the corner of 53`d and University Avenue. In 1959 the service station was constructed and the existing car wash was added in 1978. In 1994 a variance was granted to allow the reduction of setback from an adjacent residential district from 50 feet to 19 feet to allow for the construction of a 12 foot by 15 foot storage addition. City Code required that any commercial buildings in the C-2 district be set back 50 feet from an adjacent residential district. The petitioner proposed to convert the FRIDLEY CITY COUNCIL MEETING OF MARCH 24, 2003 PAGE 13 existing car wash into storaQe and construct a new car wash on the east side of the esisting building. 1�1r. Bona was requesting a variance to reduce the setback from an adjacent residential district from 50 feet to 10 feet. Mr. Hickok said the existina car wash used an old brush-type system. The new car wash would _ be a modern, up-to-date touchless system. Customers would enter along the north side of the building and eYit on the south side. The caz wash doors will be facing away from the residential district. The drier will also be located on the south side of the building facing 53`d Avenue. Mr. Hickok said that staff received a follow-up letter on March 19 from a neighbor who had written a letter before the Appeals Commission that addressed his concerns about the location of the proposed car wash and drainage issues. The follow-up letter had a petition wzth 19 signatures from neighboring property owners who were against the variance. MOTION by Councilmember Billings to receive the letters dated March 4 and March 19, 2003, and the petition from the residents in the area. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Hickok said the Appeals Commission heard testimony. He said staff had no recommendation since this variance request was within previously granted dimensions. On a three to one vote, the Appeals Commission recommended approval of the variance request with nine stipulations. If the variance is granted, staff recommended approval of the nine stipulations. Mr. Bona, 5311 University Avenue N.E., stated that the present car wash was outdated and dangerous. Councilmember Billings stated in 1988 they issued a variance to reduce the setback from 50 feet to 10 for the construction of a storage shed. Mr. Hickok stated from what he understood, they had gone down from 50 feet to 19 feet. He said he believed the storage shed was on a different site. Councilmember Bolkcom stated it was on 5351 Central Avenue. She thought a storage shed was different than a car wash. She said she also had a couple of concerns. One was about the traffic and lights. She also wondered about water in the street. Councilmember Wolfe asked if the car wash would be programmed. Mr. Bona replied it would be semi-automatic. There would not be an attendant at the car wash to hand dry cars. Councilmember Wolfe asked why Mr. Bona was switching. FRIDLEY CITY COUNCIL NIEETING OF MARCH 24, 2003 PAGE 14 Mr. Bona replied the modern equipment would not fit in a 32-foot bay which is what they have riaht now. They could not eYtend the eYisting bay due to the problem they have with the opening in the fence. Councilmember Bolkcom asked if there was any other place on the property to locate the car wash. Mr. Bona replied there was not. Not without disrupting traffic. They want to be able to stack the cars on their property and avoid congestion in the streets. Councilmember Bolkcom asked if they would be open from 7 a.m. to 9 p.m. and if they would be open on Sundays. Mr. Bona replied they would be open on Sundays. Councilmember Bolkcom asked so the 7 a.m. to 9 p.m. was for seven days per week under the stipulations. Mr. Hickok said they were. Mayor Lund asked why the car wash could not be extended toward University Avenue. Mr. Bona replied said they would still have a problem with exiting with a larger vehicle. Councilmember Wolfe stated that there were a lot of people in the area who did not want the car wash. Mr. Bona said he was really surprised because he did his own informal polling, and that was not the kind of feedback he was getting. Mr. Keith Rodgers, 5370 Fourth Street N.E., he lived well away from the car wash. He said the last time he was here for the extension on this property, Mr. Bona said he would replace the big trees that had to be torn down. He replaced them with much smaller trees. There are also weeds growing on the property. They did promise bigger trees when they cut the big pines down. No one has checked out the whole property. He said the variances were there for a reason. Mr. Thomas Zandlo, 5334 Fourth Street N.E., said he and his wife wrote the letters and got the petition going. He said he wanted to read the definition of "variance" as it applied to them. "An official permit to do something normally forbidden by regulations, especially by building in a way or for a purpose normally forbidden by a zoning law or building code." He said he would like to present the original petition to the City Council. According to their calculations, the data on these maps showed that the average annual daily traffic at 53`d and University Avenue was 5100 cars per day, at 57th and University it was 4,200 cars per day, and at 49`h and University it was 4,700 cars per day. He presented the information to the City Council. FRIDLEY CITY COUNCIL MEETING OF MARCH 24, 2003 PAGE 15 MOTION by Councilmember Billings to receive the traffic patterns information prepared by the Minnesota Department of Transportation from tiir. Thomas Zandlo. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, �IAYOR LU'ND DECLARED THE . MOTIONS CARRIED UNAlvIMOUSLY. Mr. Zandlo asked how increased car exhaust would help pollution levels in the immediate area. ' He said a car wash would increase traffic and congestion in the area. Councilmember Billings said that Mr. Zandlo mentioned 5300 and 5310, but did not mention 5320. Mr. Zandlo said that it was a rental unit. He said he was more interested in people who owned their own homes. Mayor Lund said that Mr. Zandlo felt that the car wash would be a major detriment. Councilmember Bolkcom asked if most people would go to this car wash after they have had work done on their automobiles. She asked if the attraction was that people would use the car wash more because it was now a touchless car wash. Mr. Zandlo said that anything new and improved would attract more people. Councilmember Billings asked Mr. Haukaas if from an engineering standpoint it was better to have cars entering 53`d Avenue 100 feet or so away from the traffic light or right at the intersection where the traffic light was. Mr. Haukaas said that generally they try to get any entrances as far away from signalized intersections as possible to allow for as much stacking as possible. Councilmember Billings stated that further north on University Avenue there is the SuperAmerica Station, the Rapid Oil site, and the Sinclair station. The actual services drives are behind the first set of properties just to accomplish that feat. . Mr. Haukaas replied that he was conect. Councilmember Billings said that this would be more in line with the type of traffic patterns that � they try to establish for streets adjacent to University Avenue. Mr. Haukaas agreed. Councilmember Bolkcom asked how close the driveway would be to the traffic signal in this case. Mr. Haukaas said the driveway was about 120 or 130 feet away from the intersection. FRIDLEY CITY COUNCIL MEETING OF MARCH 24, 2003 PAGE 16 Mayor Lund asked how many entrances there were to get into his site from �3`d Avenue. Mr. Bona said there �vere two. Nlayor Lund asked if there was one closer to the west side and one closer to the east side of his . properties. Mr. Bona aareed and said that most commonly cars will exit out of the curb cut directly in front of the exit onto the service road. Councilmember Billings asked when traffic was heavy, do some of the cars try to zigzag through the existing site to try and get to the driveway that is further away from University Avenue. Mr. Bona replied that he could not say it had been a big issue, but he supposed it did happen from time to time. Mayor Lund asked if Mr. Bona had ever considered expansion of the existing car wash. Mr. Bona replied he had, but there would still be a tight fit and it would block the traffic flow across both of the buildings. Mayor Lund asked if it was cheaper to expand the existing building to expand the new technology for the car wash, or was it mare expensive to build the building Mr. Bona was proposing. Mr. Bona replied his proposal was much more expensive. Councilmember Bolkcom asked if there was any other service station car wash that was in close proximity to a residential area. Mr. Hickok replied Riverside Car Wash. Mr. Bona stated they had talked much about noise. He gave a spec sheet to City staff regarding the noise levels from the new equipment. The noise level of the new equipment would be 65 decibels. The equipment he had now created 90 decibels. - Councilmember Billings asked Mr. Hickok about Stipulation No. 8 that restricted the hours of operation. Mr. Hickok replied they use the same standards for other power equipment in residential districts. They felt this was an appropriate match. Councilmember Billings asked Mr. Bona if he had any objection to Stipulation No. 8. Mr. Bona said it sounded reasonable. FRIDLEY CITY COUNCIL MEETING OF MARCH 24, 2003 _ PAGE 17 Councilmember Billings asked if there were doors on both the front and back of the proposed car wash. Mr. Bona replied, yes. Councilmember Billings asked if it was similar to other touchless washes in that once you got inside the door would close. Mr. Bona replied that it was. Councilmember Billings stated he noticed in reading the minutes of the Appeals Commission that there was some discussion about lights shining on adjacent properties. He asked �vhat kind of fencing would be used immediately east of the string of cars. Mr. Bona replied they discussed that at the Planning Commission meeting, and they made a design change. He said they would still maintain the continuity of the remainder of the fence, but it would block the headlights. Councilmember Billings asked if Mr. Bona's proposal was to put up some type of shielding to prevent the lights from shining directly on the property located at 5310. Mr. Bona agreed. Councilmember Bolkcom stated her biggest concern was with the variance and the reduction in what they normally have for setback. Councilmember Billings asked if this was the former Amoco Standard station. Mr. Hickok said it was. Councilmember Billings asked if he had any idea when the building was actually built. Mr. Bona replied 1959. Councilmember Billings asked if Mr. Hickok had any idea what the zoning codes required at that time. Mr. Hickok replied that actually went back to a time when their zoning was really more of a strict commercial zoning along the corridors. Councilmember Billings asked how far the building was from the east property line. Mr. Bona replied 19 feet. Councilmember Billings asked if the 12-foot alley counted in the 50-foot setback FRIDLEY CITY COUNCIL MEETING OF MARCH 24, 2003 PAGE 18 Mr. Hickok replied it did not. Councilmember Billings stated, so the requirement then is 50 feet from the edge of the property and right now he said it was at 19 feet. I�e asked if there was cunently a structure on the east side of the building. Mr. Bona rep(ied it is a storage pod. Councilmember Billings asked if the car wash would be where the storage pod was currently Mr. Bona replied, no, not exactly. Councilmember Billings stated, he was speaking about the relationship between the east property line. He said the car wash would be the full length of the building but the pod was sitting near the northern end of the building and the east edge of the pod was then approximately 11 feet from the property line and the car wash was going to be about 10 feet from the property line. Mr. Bona said it would not. He said that they were not seeing the addition on any of the drawings. He said there was a block addition that was put on the building and this pod is pretty much in line with that. The right edge of the storage pod was approximately 19 feet from the lot line. So, they would be consuming another 9 feet. Councilmember Billings stated he thought it was a decision that had to do with the vitality of the City, and the City cannot exist with nothing but residential property or strictly commercial property. He said he thought this particular business operator had shown an ability to get along with the City of Fridley and with a majority of the adjacent neighbors up until the variance request. He said he had not heard any objections from the neighbors in area about Mr. Bona. As a matter of fact, the majority of those he had spoken to told him what an asset he had been to that particular neighborhood. He said that the people who are objecting, who have signed the petition, are not adjacent to this particular piece of property but adjacent to the property Mr. Bona owns north of this particular site and others lived on the east side of Fourth Street with houses between them and this particular property. He said he thought it would be more of an enhancement to the traffic situation than it would be a detriment. He thought it was an improvement to the neighborhood in general. Councilmember Wolfe said it was usually up to the person asking for a variance to prove a hardship. He asked if a hardship had been proven. MOTION by Councilmember Billings to approve the Variance Request, VAR #0305, with nine stipulations as follows: 1. The petitioner shall obtain all necessary permits prior to construction. 2. The proposed car wash shall be architecturally compatible with the existing building and finished with complementary building materials, staff to review and approve final elevations. FRIDLEY CITY COUNCIL MEETING OF MARCH 24, 2003 PAGE 19 3. No outdoor storage shall be permitted on site, all eYisting outdoor storage, includinQ the storage pod shall be removed upon completion of the proposed car wash. y 4. Site shall not be used to display cars for sale or storage of trucks for rent. �. Proposed car wash shall comply with the City noise ordinance requirements. 6. A speed bump or something similar to be installed on the heated exit pad of car wash to aid in removing water from vehicle frames, etc., prior to vehicles entering 53`d Avenue. Final design and location to be reviewed and approved by City staff. 7. All lighting shall be shielded, downcast and may not exceed 3-foot candles of light intensity at the property line. 8. Car wash hours of operation to be restricted to 7:00 a.m. to 9:00 p.m. 9. Existing gap in fence to be filled in, in order to reduce the shine of headlights on neighboring residential properties. UPON A VOICE VOTE, COUNCILMEMBER BARNETTE AND COUNCILMEMBER BILLINGS VOTING AYE; MAYOR LUND, COUNCILMEMBER WOLFE AND COUNCILMEMEBER BOLKCOM VOTING NAY, MAYOR LUND DECLARED THE MOTION FAILED BY A 3 TO 2 VOTE. 6. RECEIVE BIDS AND AWA17D CONTRACT FOR THE 2003 MISCELLANEOUS CONCRETE REPAIR PROJECT NO. 3�1 Councilmember Billings asked who had the 2002 contract. Mr. Haukaas replied the 2002 contract was awarded to Ron Kaasa Construction. Councilmember Billings noted their bid was $200 higher than the recommended award to Creative Curb. He asked about Creative Curb. Mr. Haukaas stated Creative Curb had done work in the metro area and privately around the northwest metro. He had not received any negative comments about the company. Councilmember Billings asked if there was a provision in the contract that they pay prevailing wages. Mr. Haukaas said there was. MOTION by Councilmember Wolfe to receive the bids and award the contract for the 2003 Miscellaneous Concrete Repair Project No. 351 to Creative Curb in the amount of $73,387.50. Seconded by Councilmember Barnette. FRIDLEY CITY COUNCIL MEETING OF NIARCH 24, 2003 PAGE 20 UPON A VOICE VOTE, ALL VOTING AYE, M�YOR LUND DECLARED THE MOTIONS CARRIED UNANIMOUSLY. 8. APPROVE AGREEMENT BETWEEN THE CITY OF FRIDLEY AND MORRELL ENTERPRISES FOR YARD WASTE TRANSFER SERVICES. Councilmember Bolkcom she understood that was for a name change. She asked about the agreement and if the City Attorney had seen it. Mr. Hickok commented that it was the same agreement they have had in the past, with the exception of the name chanbe. Dr. Burns replied there was no change from 2002 and 2003 in price. They began contracting with this company in 1999. There has been a slight increase in the per trip cost since then, but the proposed contract was the same as last year's contract. MOTION by Councilmember Bolkcom to approve the agreement for yard waste transfer services with Morrell Enterprises. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTIONS CARRIED UNANIMOUSLY. 18. INFORMAL STATUS REPORTS Mayor Lund reminded residents that there would be a canned food collection for SACA Mr. Haukaas stated Public Works had begun their initial spring round of sweeping and they should get the majority of the sweeping done within the next 6 to 9 days. Dr. Burns stated that after the meeting he would like to discuss budget adjustment goals and assumptions with Council. He would also like to discuss changes that Anoka County has for their Housing and Redevelopment Authoriry. MOTION by Councilmember Barnette to adjourn the meeting. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MARCH 24, 2003, CITY COUNCIL MEETING ADJOURNED AT 10:08 P.M. Respectfully submitted, Denise M. Letendre Scott J. Lund Recording Secretary Mayor � � CfiY OF FRIDLEY To: From: Date: Re: AGENDA ITEM COUNCIL MEETING OF APRIL 14, 2003 William W. Burns, City Manager�� Jack Kirk, Director of Recreation and Natural Resources April 10, 2003 Amended Municipal Swimming Beach Ordinance Attached is a staff-recommended ordinance amending Fridley City Code Chapter 507, Municipal Bathing Beaches. The current Chapter 507 only addresses a municipal bathing beach that shall be attended by lifeguards. With our recent decision to provide an unguarded swimming beach at Moore Lake, the ordinance should be changed to reflect this alternative. The amended ordinance would allow the City the option of providing an unguarded swimming beach as we are planning for this year or a guarded beach, with lifeguards, as has been provided in the past. Since beaches are now more commonly referred to as swimming beaches or swimming areas, the ordinance also contains several wording changes including the striking of the word "bathing" and a replacement with the word "swimming". Staff recommends the first reading of this ordinance on Monday, April 14, 2003. Attachment 0 ORDI'iV"ANCE NO. AN ORDINANCE ANIEI��ING CHAPTER 507. MUNICIPAL BATHING BEACHES THE CITY COUNCIL OF THE CITY OF FRIDLEY HEREBY FINDS AND ORDAINS, AFTER REVIEW, EXAMINATION AIvD STAFF RECOMMENDATION THAT CHAPTER 507, MUNICIPAL BATHING BEACHES OF THE FRIDLEY CITY CODE BE AMENDED AS FOLLOWS: Chapter 507. Municipal Swimming � Beaches 507.01. Definitions R°°^� n°�'^°'� 1 Guarded Swimming Beach A guarded swimming beach shall be attended by lifeguards hired by the City of Fridley. 2. Public Swimming Beach. A public swimming � beach shall mean any public land or highway adjoining public water, any azea which has been so designated by the Council, or any privately owned place which the public is permitted to frequent or use for swimming. 3 Unguarded Swimming Beach An unguarded swimming beach shall not be attended by life uards on du and all ark visrtors will swim or wade in the water at their own nsk. 507.02. Beach Season a� The date of the season opening and closing of the Fridley Municipal swimming � beaches, generally June 15 to August 15, shall be directed by the Parks and Recreation Commission each calendar year. 507.03. Hours �'^r �� ^°^"°°`� c` • 1. The Fridley Municipal swimming �g beaches shall be open '**°^�-�'7 �'f°""'=�--'''�° "'�_ sl�a��l� at hours and times designated by the Parks and Recreation Commission. Q»r�urc�iennr T iFonn�r� nr nn�� nno nf tt,° 2. The Recreation Director or designated staff inember ��T�==� i;fart��.�r,�� ,,,, .��.+�� may close the swimming � beaches whenever, in that person's judgment, the water is too rough or cold for swimming �• The swimming beaches may also close for periods of severe weather and/or the presence of lightnin� No persons shall be permitted in the water dunng the penods when the beaches are declared closed h` � '�-- �'��. 507.04. Swimming �g Beach Rules and Regulations 1. No person shall throw, cast, deposit, damage, lay, place or scatter in the water or upon any swimming �g beach any lighted cigars or cigarettes or any glass, bottles, nails, tacks, wire, 5 Ordinance No. Page 2 crockery, cans or other sharp or cutting substance or any refuse matter or article or thing of an�- kind. If any �lass is broken, the person responsible for the breakage shall immediately pick up the pieces and place them in a trash container. 2. No person shall bring into or use in the �vater artificial floats of any kind or description. 3. No person shall bring, drive, lead, carry or permit any dog or animal, whether leashed or unleashed, muzzled or unmuzzled, onto the premises of any swimming �g beach. 4. No person shall light or make use of any fire on any beach, except in locations provided for that purpose. 5. No person shall swim or bathe in the water fronting any swimming �ia##�g beach outside established hours or outside the designated swimming azea at any municipal beach. 6. No swimmer or bather shall enter the water or onto any swimming � beach unless clothed in a swimming i�g suit. 7. No person shall change clothes on any beach or in vehicles pazked at any beach. 8. No person shall appear in the state of nudity, nor shall any person make any indecent exposure of their � person in any park or upon any swimming �'+� beach. 9. No person shall use profane, offensive or vulgar language and no person shall conduct themselves h;mc��f �r �� c��f in a rough, boisterous, suggestive or offensive manner while in the water or upon any beach. 10. No personal shall bring or carry any bicycle upon any swimming �"�� beach or in the water in such manner as to jeopazdize the safety and health of themselves ��^,c��f �r �� and/or others. 11. At guarded swimming beaches, no person shall cany on unnecessary conversation with lifeguards; or falsely call for help or assistance; or stand, sit upon or cling to any lifeguazd perches or light towers; or, except in an emergency, go into or cling to lifeguard boats. 12. No person shall conduct themselves hi^'°�If ,,,. �nraoif upon any swimming � beach or in the water in such a manner as to jeopardize the safety and health of themselves ��sel�e� �se� and/or others. 13. No person having, or appazently having, an infectious disease shall be admitted to a swimming �g beach. 14. No person, except children, their parents, custodians or guardians, shall be permitted in any play area on swimming �g beaches designated for children. r.��• CITY OF FRIDLEY PLANNING COMMISSION MEETING, MARCH 19, 2003 CALL TO ORDER: Vice-Chairperson Kondrick called the March 19, 2003, Planning Commission meeting to order at 7:32 p.m. ROLL CALL: Members Present: Dave Kondrick, Larry Kuechle, Brad Dunham, Barb Johns Members Absent: Diane Savage, Dean Saba Others Present: Stacy Stromberg, Planner Kurt Becker, 124 Glen Creek Road APPROVE THE MARCH 5 2003 PLANNING COMMISSION MEETING MINUTES: MOTION by Mr. Kuechle, seconded by M�. Dunham, to approve the March 5, 2003, Planning Commission meeting minutes. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING: Consideration of a Special Use Permit, SP #03-04, by Kurt Becker, for a second accessory structure (storage shed/shop), generally located at 124 Glen Creek Road. MOTION by Ms. Johns, seconded by Mr. Kuechle, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 7:33 P.M. Ms. Stromberg stated the petitioner is requesting a special use permit to allow the construction of a 576 square foot second accessory structure in the rear yard or southern yard of his double frontage property at 124 Glen Creek Road. The building will be used as a workshop. Ms. Stromberg stated the property is zoned R-1, Single Family, as are all surrounding properties. The home faces and is squared up to Glen Creek Road. Chesney Way borders the property on the southern side. Properties with frontages on both sides of their lots need to meet front yard setback requirements for accessory structures located in the rear yard. The petitioner will be applying for a variance to locate the accessory structure within 10 feet of its southern property line instead of the required 59 feet which is determined by setback averaging requirements. Ms. Stromberg stated Section 205 of the City Code requires a special use permit to allow accessory structures, other than the first accessory structure, over 240 square feet. The total square footage of accessory structures shall not exceed 1,400 square feet. The total square footage of the existing garage and the proposed accessory structure is 1,060 square feet. The proposed garage location will,meet lot coverage requirements. The petitioner is requesting that the hard surface driveway requirements be waived for the proposed accessory structure. Since : PLANNING COMMISSION MEETING, MARCH 19, 2003 PAGE 2 the primary use of the structure wili be used as a workshop, City staff would be in support of the petitioner's request. However, if at any time evidence of use of the yard as a driveway is observed, a hard surface driveway will be required. Ms. Stromberg stated City staff received comments from one neighboring property owner who expressed concerns about the location and the size of the proposed structure. Ms. Stromberg stated City staff �ecommends approval of this special use permit with the following stipulations: 1. Staff shall conduct regular inspections of the site. If, at any time, a trail simulating a driveway is present, a hard surface driveway as approved by the City will need to be installed within 90 days. 2. If an overhead garage door is used, it should be installed on the east accessory structure face to allow a longer driveway approach, if the accessory structure is used for vehicle storage in the future. 3. All local and state noise regulations shall be observed and met. 4. The petitioner shall obtain all necessary building permits prior to construction. 5. The structure shall not be used for home occupation or living area. 6. Total square footage of all accessory structures must not exceed 1,400 square feet. 7. The accessory structure shall be architecturally compatible with existing home and finished with complementary siding and color scheme. 8. Special use permit approval is dependent upon approval of the petitioner's variance request. Mr. Kondrick asked about stipulation #3 stating all local and state noise regulations shall be observed and met. He stated the tools required for woodworking (table saws, shapers, routers, etc.) can be quite noisy. He has no problem with this, but if he was a neighbor and if it was real noisy, he would be upset. So, how can they help the petitioner understand this stipulation and the noise regulations? Ms. Stromberg stated that when the petitioner comes in to get his building permit, staff will review the noise ordinance with him. The decibel level goes down after 9:00 p.m. so that would mean he probably wouldn't be able to do much woodworking after 9:00 p.m. Mr. Kondrick asked about the neighbor who had complained about the location and size of the proposed structure. Ms. Stromberg replied the neighbor's home is on Chesney Way and will face the proposed structure, so he just had some concerns about the size of the structure and where it was going to be located. Mr. Kondrick asked if the neighbor was satisfied with staff's answers. Ms. Stromberg stated she could not say for sure if he was satisfied. She stated she had invited him to come to the Planning Commission meeting. Ms. Johns asked if there were only three properties where the garages or houses are accessed from Chesney Way. Ms. Stromberg replied that is correct. � � PLANNING COMMISSION MEETING, MARCH 19, 2003 PAGE 3 Mr. Kondrick asked if it would be fair to assume that the City would require that there be no entrance to this new structure from Chesney Way, that it be from Glen Creek Road? Ms. Johns referred to stipulation #2, that the City is requiring the garage door on the east side. However, the drawings that have been presented show the garage door on the south side with a small garage door. Ms. Stromberg stated that is correct. However, after reviewing the petitioner's drawing, staff determined that they would prefer to see the overhead garage door located on the east side versus the south side. Ms. Johns asked why staff recommended that. Ms. Stromberg stated staff determined that the 10 feet from the petitioner's property line to the accessory structure wasn't enough space for a vehicle to park outside. If the structure was ever accessed from the east side and a driveway put in, that would make a longer driveway approach which would allow vehicle parking outside. Mr. Kurt Becker, 124 Glen Creek Road, stated that when he officially applied for the variance, he requested a smaller variance, he asked for it down to 4 feet, instead of the 10 it shows on here. The reason for that is a large oak tree. The large oak tree closest to the house would have to come down if he were to go with the 10-foot variance so he dropped that back to 4. Mr. Becker stated that in talking with all the neighbors and particularly the neighbors directly behind him, one of the concerns was the actual parking of vehicles. That is why he wanted to put that garage door on the south side. It he got the variance, 6-7 feet would be the length of any driveway that could be put in there in the future, thereby negating the ability for anybody to park a car there because it would stick out into the street. Mr. Kondrick asked if Mr. Becker agreed with all the stipulations. Mr. Becker replied, yes, except for stipulation #2 about having the garage door on the east side. He prefers to have it on the south face, so that in the future no one can park a car out there because there is no room to do it. He stated three garages are accessed off Chesney Way. The neighbor who faces East River Road has a driveway that is closer to the street than his variance request, and he is unable to park vehicles out there because of the shortness of the drive. Having the short driveway solves the problem or the concern for the neighbor behind him. Regarding any noise concern as brought up by Mr. Kondrick, he plans to insulate the whole structure as well as put on insulated siding which provides an extra sound barrier as well. Mr. Becker stated he is asking the Commission to consider having the garage door on the south side. Mr. Kuechle asked Mr. Becker what he felt the hardship was in having the garage door on the east side. Mr. Becker stated City staff had pointed out that at some point in the future, someone could put a driveway in if the structure was accessed from the east side. The driveway could probably be 16-18 feet long, and then, obviously, cars could park there. The idea is to prevent that parking from occurring. 10 PLANNING COMMISSION MEETING, MARCH 19, 2003 PAGE 4 Mr. Kondrick stated that if the petitioner sold his house, wouldn't it be an advantage to a future owner to have a driveway from Chesney Way and a four car garage situation with more room to store cars? Mr. Becker stated that if it was just for himself, it is not a concern as he doesn't ever plan on parking vehicles back there. He might put his boat into the shop to work on it or whatever, but he wouldn't be putting a vehicle back there. One of the neighbors' specific concerns was that they didn't want traffic back there and that it is quiet back there. So, having the garage door on the south side solves the problem. A future owner could always move the garage door to the east side. Ms. Johns stated that if the petitioner put a structure onto that property and then if the door has to go on the east face, he is eating up quite a bit of the back yard with the driveway as well. There is very little backyard for a selling point on the house. To a man having a four-car garage is a good idea, but having a back yard would be more important to her. Mr. Kuechle stated a car would also back up right into the road, and he has a problem with that. Mr. Kondrick stated he agreed. Mr. Dunham commented the four-car garage will sell better. MOTION by Mr. Dunham, seconded by Ms. Johns, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:52 P.M. Mr. Kuechle stated he is comfortable with the special use permit. The size of the garage is well within reason. The petitioner's lot is large enough where it is not going to appear overcrowded, and the request is well under the 1,400 square feet. The petitioner still needs to get a variance from the Appeals Commission. He would be in favor of making a motion to recommend approval to the City Council with the stipulations as listed. He believed he would be in favor of the garage door opening on the east side. Visually, it would look better, and it would have less impact on the houses across the street by having a nice finished wall to look at rather than a garage door. Mr. Dunham stated he is complete agreement with the garage door facing east. He doesn't like the idea of the south side at all. Ms. Johns stated she preferred the larger back yard versus the four-car garage, but she could handle it either way. MOTION by Mr. Kuechle, seconded by Mr. Dunham, to recommend to City Council approval of SP #03-04, by Kurt Becker, for a second accessory structure (storage shed/shop), generally located at 124 Glen Creek Road, with the following stipulations: 1. Staff shall conduct regular inspections of the site. If, at any time, a trail simulating a driveway is present, a hard surface driveway as approved by the City will need to be installed within 90 days. 2. If an overhead garage door is used, it should be installed on the east accessory structure face to allow a longer driveway approach, if the accessory structure is used for vehicle storage in the future. 11 PLANNING COMMISSION MEETING, MARCH 19, 2003 PAGE 5 3. All local and state noise regulations shall be observed and met. 4. The petitioner shall obtain all necessary building permits prior to construction. 5. The structure shall not be used for home occupation or living area. 6. Total square footage of all accessory structures must not exceed 1,400 square feet. 7. The accessory structure shall be architecturally compatible with existing home and finished with complementary siding and color scheme. 8. Special use permit approval is dependent upon approval of the petitioner's variance request. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Kondrick stated this special use permit request will go to City Council on April 14. 2. RECEIVE THE MINUTES OF THE FEBRUARY 6, 2003 HOUSING AND REDEVELOPMENT AUTHORITY MEETING. MOTION by Ms. Johns, seconded by Mr. Kuechle, to receive the minutes of the February 6, 2003, Housing and Redevelopment Authority meeting. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. RECEIVE THE MINUTES OF THE FEBRUARY 18 2003 ENVIRONMENTAL QUALITY & ENERGY COMMISSION MEETING. MOTION by Ms. Johns, seconded by Mr. Kuechle, to receive the minutes of the February 18, 2003, Environmental Quality & Energy Commission meeting. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. OTHER BUSINESS: Ms. Stromberg stated the next meeting on April 2, 2003, has been cancelled. ADJOURN MOTION by Mr. Dunham, seconded by Mr. Kuechle, to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED AND THE MARCH 19, 2003, PLANNING COMMISSION MEETING ADJOURNED AT 7:55 P.M. Respectfully submitted, �, , ,��-:.`. Denise M. Letendre �i Recording Secretary 12 ` AGENDA ITEM CITY COUNCIL MEETING OF APRIL 14, 2003 CiIY OF FRIDIEY DATE: April 9, 2003 TO: William W. Burns, City Manager �� FROM: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner SUBJECT: Development Agreement for the Norton Manor First Addition M-03-51 INTRODUCTION On February 19, 2003, the Planning Commission considered plat request PS #03-01, by Michael Juaire, PMJ Group, Inc. Michael Juaire plans to replat the properties located at 1152 and 1170 Norton Avenue to allow for the construction of an 8-unit town home development. City Staff and the Planning Commission recommend approval of plat request, PS #03-01, with 19 stipulations. In addition, staff recommended stipulations 20 and 21. At the March 3, 2003, City Council meeting, the preliminary plat was approved, with 21 stipulations. To be consistent in the plat process, staff has prepared a development agreement for the Norton Manor First Addition. The agreement has been reviewed by City Attorney Knaak and signed by Mr. Juaire. The development agreement has been attached for your review and approval. RECOMMENDATION Staff recommends approval of the enclosed development agreement as submitted. 13 DEVELOPMENT AGREEMENT THIS AGREEMENT, made this ��___ day of ___` �_, 2003, between the City of Fridley, acting through its Mayor and City Manager (hereinafter called the "City"), and Michael Juiare, (hereinafter called the "Develope�"). WHEREAS, The Developer have made application to the City Council for the approval of a plat of land within the corporate limits of the City described as follows: That part of Lot 11, Auditor's Sudivision No. 89 lying East of the West 284 feet thereof. And The West 284 feet of Lot 11, Auditor's Subdivision No. 89, except the West 115 feet thereof, together with that certain easement for right of way established in Book 242, Page 591, according to the duly recorded plat thereof (the "Subdivision"); and to be described as Norton Manor First Addition WHEREAS, the City Council, by resolution # , adopted �_ , 2003, granted Developer's plat request for a portion of the property to allow it to construct an eight unit town home development on the subdivision on the condition that the subdivision is developed according to the site plan, dated _ , 2003, and in accordance with stipulations of approval incorporated herein by reference (See attached Exhibit B). NOW, THEREFORE, in consideration of the foregoing, it is hereby agreed as follows: Improvements. Improvements shall include, but not be limited to the following: ♦ Concrete curb and gutter repair at driveway aprons ♦ Approved site grading and drainage plans ♦ Underground utilities for the 8 town homes ♦ Setting of lot and block monuments ♦ Surveying and staking ♦ Temporary tree protection devices The improvements shall be installed in accordance with City standards, ordinances, City Council prescribed stipulations as evidenced as conditions in any resolution accepting this agreement and any related plat, and technical specifications. The Preliminary site grading, construction of underground utilities, including main line sewer, water and sewer services; and full street restoration shall be completed prior to sale of any lots and prior to issuance of any building permits. The Developer agrees that it will not sell any lot, parcel or whole or partial portion of the Subdivision, nor sell, rent, or cause to be occupied, any house, other �� building or structure constructed on the development or within the development until the City has approved and the Developer has completed the construction of the improvements covered by this Development Agreement, the applicable building codes, and other applicable government regulations and has issued a Certificate of Occupancy, unless the City has agreed in writing to waive this requirement as to a specific lot or premises. The Developer shall follow all instructions received from the City's inspectors. The Developer shall schedule a pre-construction meeting at a mutually agreeable time at the City Hall with all parties concerned, including the City Staff, to review the program for the construction of the development. 2. Water and Sewer A water and sewer lateral fee assessment will not be applied to each lot, due to the fact that the original lots had paid lateral charges and the new development will require private utility installation from the existing laterals. (A) The Developer shall construct a sanitary sewer main line extension and stub water and sewer services to all lots as shown on the preliminary plat. These water and sewer services shall be inspected and must meet all City standards. The City (at the developer's expense) will patch the street to City's specifications following the instaltation of water and sewer services, the Developer must have the cut approved by the Public Works Department of the City. (B) The Developer shall provide a plan/profile drawing prepared by an engineer registered with the State of Minnesota for the sanitary sewer main line extension off Norton Avenue prior to construction for approval by City Engineering staff. 3. Gradinq Erosion Control and Tree Preservation Plans. The Developer shall submit a grading and drainage, erosion control, and tree preservation plan which shall clearly show for each lot: (A) The grading limits for the construction of the new town homes. (B) All areas disturbed by the excavation and backfill operations shall be re-sodded forthwith after the completion of the work in that area. Except as otherwise provided in the erosion control plan. If the Developer, future owner, its contractors, or subcontractors does not comply with the erosion control plan and schedule or supplementary instructions received from the City and the Anoka County Soil and Water Conservation District, or the Rice Creek Watershed District, the City may take such action as it deems appropriate to control erosion. The City will endeavor to notify the Developer, future owner, contractors, or subcontractors in advance of any proposed action, but failure of the City to do so will not affect the City's rights or obligations hereunder. 15 (C)The location of warning signage (tree protection ribbon) that will be placed around the pecimeter of the construction limits protecting all significant trees outside the construction limits. (D)The location of any significant trees to be saved inside the construction limits. Any significant trees to be saved shall have fencing around them, which shall extend wherever possible to the tree drip line. No construction or grading work shall commence until the City staff has field inspected items (1) and (2) above. 4. Street Clean Up. At any time upon the request of City staff and after the construction is complete, the Developer shall clear all soil, earth, or debris from the streets and storm sewer and from the lots within the development resulting from any construction on the land within the development by the Developer. 5. Permits. The Developer shall obtain all necessary permits for the development of the property. The Developer shall pay SAC fees at the time of the building permit issuance. 6. Park Dedication. In accordance with the policies and ordinances of the City, the Developer shall pay a park dedication fee at a rate of $1,500.00 per lot at the time of building permit issuance. The total park dedication fee for the development is $12,000.00. (eight lots x $1,500.00 = $12,000.00). 7. Drainaqe Easement. The Developer shall provide the City with easements dedicated on the plat over the property as proposed in the Final Plat mylars presented for signature. 8. License. The Developer hereby grants the City, its agents, employees, officers, and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with plat development. 9. Final Plat Approval. The City agrees to give final approval and shall sign the final plat of the subdivision upon execution and delivery of this agreement, and approval of the plat by the County and of all required petitions, bonds, and security. 10. Leqal Proceedinqs. In addition to the foregoing, the City may institute any proper action of proceeding at law or at equity to abate violation of this Development Agreement, or to prevent use or occupancy of the proposed dwellings. 11. Ownership of Improvements. Upon completion of the work and construction required by this agreement, the improvements lying within public easements shall become City property without further notice or action. 12. Transfers of Interest — as described in Paraqraph 1. 16 13. Attornevs' Fees. The Developer agrees to pay the City reasonable attorneys' fees and costs incurred in the event of any lawsuit or action is commenced to enforce the terms of this agreement and to collect sums due by the City under the terms of this agreement. 14. Severabilitv. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this contract is for any reason held to be invalid, illegal or unenforceable by a court of competent jurisdiction, such decision shall not invalidate or render unenforceable any other provisions of this contract, and the remaining provisions of this contract shall not in any way be affected or impaired. 15. Bindinq Effect. The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors, and assigns if any of the Developer and City hereto and shall be binding upon all future owners of all or any part of the subdivision, and shall be deemed covenants running with the land. Reference in this document to the developer, if there be more than one, shall mean each and all of them. This agreement, at the option of the City, shall be placed of record so as to give notice of this agreement to subsequent purchasers and encumbrances of all or any part of the subdivision. All recording fees, if any, shall be paid by the developer. 16. Assiqnabilitv. No duty or obligation of the Developer under this Agreement may be assigned in whole or part to any third party without the express written consent or waiver of by the City. SIGNED AND EXECUTED by the parties hereto on this �_�day of ____ __, 2003 DEVELOPER BY�------- Michael Juaire ATTEST: Debra A. Skogen, City Clerk 17 CITY OF FRIDLEY By�------------ Scott J. Lund, Mayor EXHIBIT A- STIPULATIONS APPROVED BY FRIDLEY CITY COUNCIL 1. The finai landscape pian shall meet code requirements for number of and sizes of plantings and be reviewed and approved by City staff prior to issuance of a building permit. 2. A landscape plan for the ponding area, in lieu of fencing, to be reviewed and approved by City staff prior to issuance of a building permit. 3. A storm pond maintenance agreement shall be filed with the City prior to issuance of a building permit. 4. Ail landscaped areas shatl have irrigation installed. 5. The proposed walkway shall be concrete. 6. Brick type and application on elevations and other external building materials to be reviewed and approved by City staff prior to issuance of a building permit. 7. A grading and drainage plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. 8. The sewer connection shall be located near cul-de-sac. 9. Six inch watermain to the looped according to City engineering staff's specifications. 10. A 12 foot utility and drainage easement shall be granted along the entire southern edge of the property prior to final plat. 11. A 25 foot easement from the centerline of Norton Creek on the west side of the property shall be granted prior to final plat. 12. The parking lot shall be constructed to code standards. 13. All elements of the building shall meet the current building code and be approved by the City Building Official. 14. The petitioner shall pay applicable park dedication fee of $1,500 per unit prior to the issuance of any building permits. 15. The fire turn around shall be re-designed to meet the City's Fire Department standards. 16. The driveway and fire turn around shall be designed to 9 ton standards. 17. The fire turn around shall be posted, "No Parking Fire Lane". 18. The size of the landscape islands shall be reduced by 5 feet in order to accommodate fire equipment. 19. The petitioner shall meet all Rice Creek Watershed District requirements prior to issuance of a building permit. 20. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 21. A Development Agreement outlining the Develope�'s obligation to install utilities, etc., will be prepared by the City and shall be signed by the Petitioner, prior to final plat approval. : EXHIBIT B- PLAT APPROVED BY COUNCIL 19 : AGENDA ITEM CITY COUNCIL MEETING OF APRIL 14, 2003 CffY OF FRIDLEY Date: April 9, 2003 � To: William Burns, City Manager ,�(� From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject: Final Plat, PS #03-01, Michael Juaire, PMJ Group, Inc. M-03-52 INTRODUCTION On February 19, 2003, the Planning Commission considered plat request PS #03-01, by Michael Juaire, PMJ Group, Inc. Michael Juaire plans to replat the properties located at 1152 and 1170 Norton Avenue, to allow for the construction of an 8-unit town home development. City Staff and the Planning Commission recommend approval of plat request, PS #03-01, with 19 stipulations. In addition, staff recommended stipulations 20 and 21. At the March 3, 2003, City Council meeting, the preliminary plat was approved, with 21 stipulations. RECOMMENDATION City Staff and the Planning Commission recommend approval of PS #03-01. STIPULATIONS 1. The final IandscaRe plan shall meet code requirements for number of and sizes of plantings and be reviewed and approved by City staff prior to issuance of a building permit. 2. A landscape plan for the ponding area, in lieu of fencing, to be reviewed and approved by City staff prior to issuance of a building permit. 3. A storm pond maintenance agreement shall be filed with the City prior to issuance of a building permit. 4. All landscaped areas shall have irrigation installed. 5. The proposed walkway shall be concrete. 6. Brick type and application on elevations and other external building materials to be reviewed and approved by City staff prior to issuance of a building permit. 20 7. A grading and drainage plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. 8. The sewer connection shall be located near cul-de-sac. 9. Six inch watermain to the looped according to City engineering staff's specifications. 10. A 12-foot utility and drainage easement shall be granted along the entire southern edge of the property prior to final plat. 11. A 25-foot easement from the centerline of Norton Creek on the west side of the property shall be granted prior to final plat. 12. The parking lot shall be constructed to code standards. 13. All elements of the building shall meet the current building code and be approved by the City Building Official. 14. The petitioner shall pay applicable park dedication fee of $1,500 per unit prio� to the issuance of any building permits. 15. The fire turn around shall be re-designed to meet the City's Fire Department standards. 16. The driveway and fire turn around shall be designed to 9-ton standards. 17. The fire turn around shall be posted, "No Parking Fire Lane". 18. The size of the landscape islands shall be reduced by 5 feet in order to accommodate fire equipment. 19. The petitioner shall meet all Rice Creek Watershed District requirements prior to issuance of a building permit. 20. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 21. A Development Agreement outlining the Developer's obligation to install utilities, etc., will be prepared by the City and shall be signed by the Petitioner, prior to final plat approval. 21 RESOLUTION NO. RESOLUTION APPROVING A PLAT, P.S. #03-01, NORTON MANOR FIRST ADDITION, BY MICHAEL JUAIRE, PMJ GROUP, INC., FOR THE PURPOSE OF CONSTRUCTING AN 8-UNIT TOWN FiOME DEVELOPMENT, GENERALLY LOCATED AT 1152 AND 1170 NORTON AVENUE � WHEREAS, the Planning Commission held a public hearing on February 19, ' 2003, and recommended approval of said plat; and WHEREAS, the City Council approved the preliminary plat for NORTON MANOR FIRST ADDITION at their March 3, 2003, meeting, with stipulations attached as Exhibit A; and WHEREAS, a copy of the plat NORTON MANOR FIRST ADDITION has been attached as Exhibit B. NOW, THEREFORE, BE IT RESOLVED, that the City Council approves the Final Plat for NORTON MANOR FIRST ADDITION and directs the petitioner to record plat at Anoka County within six months of this approval or such approval shall be null and void. PASSED AND ADOPTED BY THE CITY COUNCIL OF THFs CITY OF FRIDLEY THIS 14th DAY OF APRIL, 2003. ATTEST: DEBRA A. SKOGEN - CITY CLERK ZZ SCOTT LUND - MAYOR Page 2 - Resolution STIPULATIONS 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13 . 14 . 15. 16. 17 . 18. 19. 20. 21. - NORTON MANOR FIRST ADDITION EXHIBIT A The final landscape plan shall meet code requirements for number of and sizes of plantings and be reviewed and approved by City staff prior to issuance of a building permit. A landscape plan for the ponding area, in lieu of fencing, to be reviewed and approved by City staff prior to issuance of a building permit. A storm pond maintenance agreement shall be filed with the City prior to issuance of a building permit. All landscaped areas shall have irrigation installed. The proposed walkway shall be concrete. Brick type and application on elevations and other external building materials to be reviewed and approved by City staff prior to issuance of a building permit. A grading and drainage plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. The sewer connection shall be located near cul-de-sac. Six inch watermain to the looped according to City engineering staff's specifications. A 12-foot utility and drainage easement shall be granted along the entire southern edge of the property prior to final plat. A 25-foot easement from the centerline of Norton Creek on the west side of the property shall be granted prior to final plat. The parking lot shall be constructed to code standards. All elements of the building shall meet the current building code and be approved by the City Building Official. The petitioner shall pay applicable park dedication fee of $1,500 per unit prior to the issuance of any building persnits. The fire turn around shall be re-designed to meet the City's Fire Department standards. The driveway and fire turn around shall be designed to 9-ton standards. The fire turn around shall be posted, "No Parking Fire Lane". The size of the landscape islands shall be reduced by 5 feet in order to accommodate fire equipment. The petitioner shall meet all Rice Creek Watershed District requirements prior to issuance of a building permit. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. A Development Agreement outlining the Developer's obligation to install utilities, etc., will be prepared by the City and shall be signed by the Petitioner, prior to final plat approval. 23 Page 3- Resolution - NORTON MANOR FIRST ADDITION EXHIBIT B Please refer to attached Plat Drawing. 24 -� � , - .�� : �.. • , �,'' a �� '` _ -- -� . � �� : � ` .� � . . �„ . sS, +t � -f � � � �Pw�� 1, t'Y � .�� - . � '� .i J y � -'�'Y�.'i .�_ti['7�' 3^s � �ir�" Y . �� -i ,liv�... e .....- -. i�11..1�r ,.wJ.i. -�S� .. ......\ „�•LC�Yti..W"s _'1+1 _.,. 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' � . - . ... . - - ._ + ..rcJ-. �' . . . � . - � . . .�, .. . _ . . �. . ::1 t . ... . . , . '" " . . -. .. . . _�a-^..�KY ' . ' " ' .. _ . .. ' - ��.3 . - ' , - _ - �r- �° �-F+' _ - . _ y _ . . !... ` ` �? f � �c.�.�.� f ' � � ~' � . . _ -; . . � , �"J�y �.��t � �" � } _ ^ � ? y f ". . f .. . - � . .� , ' - ._S3' . . - . � .. � . . . ' ._ . . . . . .. .. -- � _ . . . "J , . ... . - . - . . • ..'..: - . .. n �. � . ..' ... _ .' . . . . . . ' _' - . _ - � ' �. �. .Y � _ . . . . _ ' . .. ' . . � � : � � . . . .. . . . . .. . . . - . . . .: . . . . . . .. . . . - _ . _ , . . . 25 . . - / AGENDA ITEM � CITY COUNCIL MEETING OF APRIL 14, 2003 CtTY OF FRIDLEY Date: March 27, 2003 � To: William Burns, City Manager �� From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject: Variance Request, VAR #03-07, Belair Excavating for Totino Grace High School, 1350 Gardena Avenue. M-03-49 INTRODUCTION The petitioner, Pete Sargent of Belair Excavating, who is representing Totino Grace High School, is seeking a variance to reduce the width of a parking stall from 10 feet to 9 feet to allow the expansion of a parking lot at the high school, which is located at 1350 Gardena Avenue. APPEALS COMMISSION RECOMMENDATION At the March 26, 2003, Appeals Commission meeting, a public hearing was held for VAR #03-07. Afte� a brief discussion, the Appeals Commission recommended approval of variance request, VAR #03-07, with stipulations. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMNEDATION City Staff has no recommendation at this variance is within previously granted dimensions. STIPULATIONS If the variance is granted, Staff recommends that the following stipulations should be attached. 1. The petitioner shall obtain all necessary permits prior to construction. 2. The petitioner shall be responsible for maintaining and cleaning any debris or dirt located in the street during the construction process. 3. The petitioner shall follow City code regulations related to the hours of operation for construction equipment. Those hours are 7:00 a.m. to 9:00 p.m. �� City of Fridley Land Use Application VAR #03-07 March 26, 2003 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Pete Sargent Belair Excavating 2200 Old Highway 8 NW New Brighton MN 55112 Requested Action: Variance reducing the width of a parking stall Existing Zoning: R-1 (Single Family) Location: 1350 Gardena Avenue NE (Totino Grace High School) Size: 1,318,553 sq. ft. 27.15 acres Existing Land Use: School SuROUnding Land Use 8� Zoning: N: Single Family 8 R-1 E: Single Family & R-1 S: Single Family � R-1 W: Single Family 8� R-1 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Section 205.03.57 requires that all parking stall be a minimum of (10) ten feet wide. Zoning History: 1965 — School is built. 1970 — Garage is built. 1977 — Addition to school. 1988 — Addition to garage. 1994 — Lot is platted. 1996 — Garage demolished. 1996 — New garage constructed. Legal Description of Property: Lot 10, Block 1, Totino Grace Addition Public Utilities: Building is connected. Transportation: Gardena Avenue and Arthur Street provide access to the property. Physical Characteristics: Bus parking and wooded area. SUMMARY OF PROJECT The petitioner, Mr. Sargent of Belair Excavating, who is representing Totino Grace, is seeking to reduce the width of a parking stall from 10 feet to 9 feet to expand and construct a new parking lot at Totino Grace High School, located at 1350 Gardena Avenue. SUMMARY OF HARDSHIP "Our variance request is for Totino to construct parking stalls at 9 feet wide, rather than 10 feef. In that way, the number of on-site parking stalls can be increased in the same amount of space. Also, Totino's campus is mature and it is extremely difficult to find room for an expansion. Hence, the necessity of our request Please note that Totino's main reason for an expansion is predicated by Tofino's desire to satisfy neighbors' comp/aints to remove cars from the streets and fu/fill a suggesfion by the City of Frid/ey that Totino seek ouf a solution that might provide more on- site parking. Upon your approval allowing Totino to construct smaller stalls, it becomes a win — win sifuation for alL" - Peter Sargent SUMMARY OF ANALYSIS City Staff has no recommendation as this variance is within previously granted dimensions. Similar variances granted: � VAR #00-21 5943 University Avenue Width of parking stalls reduced from 10 feet to 9 feet. VAR #88-20 1400 73'� Avenue Width of parking stalls reduced from 10 feet to 9 feet. CITY COUNCIL ACTION/ 60 DAY DATE City Council —April 14, 2003 60 Day — April 21, 2003 Staff Report Prepared by: Stacy Stromberg VAR #03-07 REQUEST The petitioner, Pete Sargent of Belair Excavating, who is representing Totino Grace High School, is seeking a variance to reduce the width of a parking stall from 10 feet to 9 feet to allow the expansion of a parking lot at the high school, which is located at 1350 Gardena Avenue. SUMMARY OF HARDSHIP "Our variance request is for Totino to construct parking stalls at 9 feet wide, rather than 10 feet. In that way, the number of on-site parking stalls can be increased in the same amount of space. Also, Totino's campus is mature and it is extremely difficult to find room for an expansion. Hence, the necessify of our request. Please note that Totino's main reason for an expansion is predicated by Totino's desire to satisfy neighbor's complaints to remove cars from the streets and fulfill a suggestion by the City of Fridley that Totino seek out a solution that might provide more on-site parking. Upon your approval allowing Totino to construct smaller stalls, it becomes a win — win situation for all." - Peter Sargent ANALYSIS AND CODE REQUIREMENTS The subject property is zoned R-1, Single Family and is located on Gardena Avenue, east of Central Avenue. The property is currently used as a private school. The school was constructed in 1965, with an addition constructed in 1977. Since then there have been additional modifications to the interior and exterior of the school. Aerial of Property — Area of Proposed Parking Expansion City Code requires that all parking stalls be a minimum of 10 feet in width. The petitioner is seeking to reduce the parking stall width from 10 feet to 9 feet in order to expand the parking lot at Totino Grace High School. The petitioner's proposal is to construct a new 70-car parking lot on the southeast corner of the property. This new parking lot will reduce the amount of vehicles parked on the street and will likely help address concerns of neighboring property owners. : Aerial of Property — Closer view ot Proposea rarKing Hrea Similar variances have been granted in the past to reduce the width of parking stalls from 10 feet to 9 feet for long term or employee parking. This variance will essentially apply to the same type of parking, as it will provide parking for the students and teachers of Totino Grace. The students and teachers will be the only users of the parking lot, so there won't be a constant turnover of parking spaces by the unfamiliar users throughout the day. City staff has heard from one neighboring property owner, who addressed concerns about the disruption that occurred during Totino Grace's last construction project, in 1999 when Totino Grace reconstructed their running track and associated amenities. RECOMMENDATIONS City Staff has no recommendation as this variance is within previously granted dimensions. Similar variances granted: • VAR #00-21 5943 University Avenue Parking lot width reduced from 10 feet to 9 feet. • VAR #88-20 1400 73�d Avenue Parking lot width reduced from 10 feet to 9 feet. STIPULATIONS Staff recommends that if the variance is granted, the following stipulations be attached. 1. The petitioner shall obtain all necessary permits prior to construction. 2, The petitioner shall be responsible for maintaining and cleaning any debris or dirt located in the street during the construction process. 3. The petitioner shall follow City code regulations related to the hours of operation for construction equipment. Those hours are 7:00 a.m. to 9:00 p.m. '� %� CITY OF FRIDLEY APPEALS COMMISS�ON MEETING MARCH 26, 2003 CALL TO ORDER: Chairperson Kuechle called the March 26, 2003, Appeals Commission meeting to order at 7:29 p.m. ROLL CALL: Members Present: Larry Kuechle, Ken Vos, Blaine Jones, Sue Jackson, Gary Zinter Members Absent: None Others Present: Stacy Stromberg, Planner Pete Sargent, Belair Excavating Barry Wagner, Clark Engineering PUBLIC HEARING� VARIANCE REQUEST, VAR #03-07 BY BELAIR EXCAVATING: Per Section 205.03.56 of the Fridley Zoning Code, to reduce the width of a parking stall from 10 feet to 9 feet to allow the expansion of a parking lot on Lot 10, Block 1, Totino Grace Addition, generally located at 1350 Gardena Avenue NE (Totino Grace High School) MOTION by Mr. Zinter, seconded by Ms. Jackson, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 7:31 P.M. Ms. Stromberg stated the petitioner, Pete Sargent of Belair Excavating, who is representing Totino Grace High School, is requesting a variance to reduce the width of a parking stall from 10 feet to 9 feet to allow the expansion of a parking lot at the high school located at 1350 Gardena Avenue. Ms. Stromberg stated the petitioner's summary of hardship reads: "Our variance request is for Totino to construct parking stalls at 9 feet wide, rather than 10 feet. In that way, the number of on-site parking stalls can be increased in the same amount of space. Also, Totino's campus is mature and it is extremely difficult to find room for an expansion. Hence the necessity of our request. Please note that Totino's main reason for an expansion is predicated by Totino's desire to satisfy neighbors' complaints to remove cars from the streets and fulfill a suggestion by the City of Fridley that Totino seek out a solution that might provide more on-site parking. Upon your approval allowing Totino to construct smaller stalls, it becomes a win-win situation for all." Ms. Stromberg stated the property is zoned R-1 Single Family, and is located on Gardena Avenue, east of Central Avenue. The property is a private school which was constructed in 1965. Since 1965, additional modifications have been made to the interior and exterior of the school. Ms. Stromberg stated the Ciry Code requires that all parking stalls be a minimum of 10 feet in width. The petitioner is proposing to reduce the parking stall width from 10 feet to 9 feet in order to expand the parking lot at Totino Grace High School. "�1•J APPEALS COMMISSION MEETING, MARCH 26, 2003 PAGE 2 Ms. Stromberg stated the petitioner's proposal is to construct a new 70-car parking lot on the southeast corner of the property. This new parking lot will reduce the number of vehicles parked in the street and will likely help address the concerns of neighboring property owners. All setback requirements for the new parking lot will be met, and the re-establishment of landscaping along Arthur Street will be required. Ms. Stromberg stated similar variances have been granted in the past reducing the width of parking stalls from 10 feet to 9 feet for long-term or employee parking. This variance will essentially apply to the same type of parking as it will provide parking for students and teachers of Totino Grace. The students and teachers will be the only users of the parking lot so there won't be a constant turnover of parking spaces by unfamiliar users. Ms. Stromberg stated City staff has heard from one neighboring property owner who addressed concerns about the disruption that occurred during Totino Grace's last construction project in 1999 when Totino Grace reconstructed its running track and associated amenities. Ms. Stromberg stated City staff has no recommendation as this variance is within previously granted dimensions. Similar variances were granted to reduce the parking stall width from 10 feet to 9 feet; in 2000 at 5943 University Avenue (Van-O-Lite) and in 1988 at 1400 73'd Avenue ` (Onan). If the variance is granted, staff recommends the following stipulations: 1. The petitioner shall obtain all necessary permits prior to construction. 2. The petitioner shall be responsible for maintaining and cleaning any debris or dirt located in the street during the construction process. 3. The petitioner shall follow City Code regulations related to the hours of operation for construction equipment. Those hours are 7 a.m. to 9 p.m. Mr. Kuechle asked if there was any requirement for double striping, or was it the City staffs feeling that double striping really doesn't help when you go to 9 feet? Ms. Stromberg asked what Mr. Kuechle meant by double striping. Mr. Kuechle explained that rather than putting one stripe on each side, they put two stripes on each side to help center the cars on the space so they don't shift as easily from one side to the other. By doing this, you end up with about an 8-foot space that tends to keep the cars centered a little bit better. Mr. Pete Sargent, the construction manager for Totino Grace High School, stated his company is Belair Excavating that has contracted to work with Totino Grace. Barry Wagner from Clark Engineering is also at the meeting. They are the ones that put together the layout for Totino Grace. Originally, they had requested an 8'/z foot wide stall, but it was confusing because it turned out the 8%2 foot stall was granted for a parking ramp and wouldn't apply to their situation. Mr. Sargent stated that right now 70-90 cars are being parked on the street. In the 60's when Totino Grace first started, they had 1,150 students. They still have 1,150 students today. The problem now is that every student wants to drive, and some of them even have Humvees. So, the whole process was predicated by the amount of complaints that the Fridley Police Department received and City staff's request that Totino Grace discuss some type of common method of solving that problem. It was very important for Totino Grace to work with the City and the students and do something that was mutually beneficial to everybody. One of the problems is that the site is already full, and it is hard to find places for more parking. They were fortunate to have Clark Engineering help them figure out one last spot for additional parking. One of the things that makes it a little more complicated is adding handicapped in that area. It is not required, but they do have a Christian Brother who is handicapped who helps run the school, so 31 APPEALS COMMISSION MEETING, MARCH 26, 2003 PAGE 3 they want to get one stall for him plus one more stall. Eventually there will be more handicapped parking put up on the top part. But, that makes it even worse because they have to go to 14- foot stalls in those locations, hence, this request for shrinking the stall size as much as possible. Mr. Sargent stated that the parking lot on the west side, which consists of more than 80 stalls, is all 9 foot stalls and has been from inception. Those stalls seem to be working very well. They do have kids bumping doors and things like that, but there are very few accidents in that parking lot. He guessed that can be attributed to the way that the staff and the teachers watch the parking lots. He thanked the Appeals Commission for their time. He stated he has been doing this on a volunteer basis also, and he served on the Planning Commission for quite a number of years so he knows that they're working after hours on this. He stated Mr. Wagner would be happy to answer any questions from an engineering standpoint, either civil or structural. Mr. Kuechle asked if he could tell them how many parking stalls there will be after this proposed change versus before. Mr. Wagner stated he believed they are adding a total of 79 stalls. Mr. Sargent stated on a typical day out on the street, you will find 70 to 90 cars. He counted as many as 100 at one time, but that was unusual. So, they are not addressing the entire problem, but they are doing the best they can to address most of it. He believed that with a little policing on Totino Grace's part and getting these cars off the street, there will be very few complaints. There will always be some parking on the street, but he believed it was probably easier and less dangerous to park on Arthur Street than Gardena Avenue, especialty with the Islamic Center across the street. At 3:00 p.m., there is a lot of congestion and getting the cars off Gardena Avenue should help the Police Department tremendously. They have also been given permission to park in the City/County park and also down below they can do some parking. So he believes they can do a p�etty good job of getting the cars off the street. Mr. Wagner stated he believed they are also going to try blocking the southerly driveway to cut down on the cross traffic between the two sides. Mr. Kuechle asked, from an engineering point of view, is there any advantage in double striping versus single striping? Mr. Wagner stated, not really, it is not very common. Usually double striping is more commonly done with a wider stall, like a 10-foot stall, but you don't see that very often either. Ms. Jackson asked if they still have places for snow removal and snow s#orage. Mr. Sargent stated, yes, they do have some places for snow storage, but they will be hauling snow off site as well. MOTION by Dr. Vos, seconded by Ms. Jackson, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE PUBLIC HEARING CLOSED AT 7:47 P.M. Mr. Jones stated this sounded like a good plan. The City has approved 9-foot stalls before, and this is not a visitor parking area. It is a student and employee parking area. He believed Totino Grace has done the best it can to come up with a solution for the parking problems, so he would vote in favor of this variance. 32 APPEALS COMMISSION MEETING, MARCH 26, 2003 PAGE 4 Mr. Zinter stated he believed just the safety of getting the cars and the kids off the street is really critical here, so he would be in favor of this variance. Mr. Kuechle stated he, too, was in agreement with approving the variance, especially since it is the same group of people who will be using this parking lot on a daily basis. It's not like a shopping center where people are coming and going and carrying a lot of bulky packages in and out of the car where the doors have to open very wide. Ms. Jackson and Dr. Vos also agreed. MOTION by Dr. Vos, seconded by Ms. Jackson, to recommend approval of Variance, VAR #03- 07, to reduce the width of the parking lot stalls from 10 feet to 9 feet to allow the expansion of a parking lot on Lot 10, Block 1, Totino Grace Addition, generally located at 1350 Gardena Avenue NE (Totino Grace High School), with the following stipulations: 1. The petitioner shall obtain all necessary permits prior to construction. 2. The petitioner shall be responsible for maintaining and cleaning any debris or dirt located in the street during the construction process. 3. The petitioner shall follow City Code regulations related to the hours of operation for construction equipment. Those hours are 7 a.m. to 9 p.m. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Kuechle stated this request will go to the City Council for final action on April 14, 2003. 33 0 � a GTY OF FRIDLEY , TO: FROM: DATE: SUBJECT: AGENDA ITEM CITY COUNCIL MEETING OF APRIL 14, 2003 William W. Burns, City vlanager �� , ,, � Jon . aukaas, Public Works Director Apri14, 2003 Change Order No. 2: Fridley Municipal Garage Expansion P�V03-042 The attached Change Order No. 2 covers six work order changes and one credit associated with field changes during construction of the Fridley Municipal Garage E�ansion project. The changes are for the following items: ► Cou� cable installation to IT room, conference room, reception area, and lunch room for data and cable N transmission ............................................................................................ � 710.00 ► Relocation of main electrical service into the building including conduit, foundation excavation and cutting and cable .............................................................................. $2,041.00 ► Modify roof beam connection at existing interior wall .............................................................................. $ 330.00 ► Add fire treated wood blocking throughout building for mounting electrica� and data connection boxes .............................................................................................................. $1,896.00 ► Modify roof beam connection at existing exterior wall ............................................................................. $ 449.00 ► Relocate main telephone switch block to IT room .................................................................... ...... $ 772.00 ► Credit for elimination of roof screening ....................................................................................................... ($5,700.00) All of these items are things that could not be identified prior to partial demolition and needed to be negotiated during the project. The Community Development Director Scott Hickok and I determined that the front of the building and �isting yard screening provide sufficient mechanical unit screening and that additional roof top screening would actually be more obtrusive. The net cost of Change Order No. 2 is $2,656.00 for a revised contract amount of $734,971.00. Recommend the City Council approve Change Order No. 2 for construcrion of the Fridley Municipal Garage E�ansion to CM Construction Company of Burnsville, MN, in the amount of $2,656.00. JHH:cz 34 2000 EDITION AIA DOCUMENT Change Order (Instructiorts on reverse side) PROIECT: CHANGE ORDER NUMBER: 2 .\"wnc �rtd .+ddrtsi 1 Fridley Public Works Expansion D A 7 E: 3/20/ZOO2 CiryofFridley ARCHITECT'S PROJECT NUMBER: 22_p2 � CONTRACT DATE: TO CONTRACTOR: CONTRACT FOR: i.Yume und �u(dn:ssl CM Construction General Construction 12215 Nicollet Avenue Bumsville, MN 55337 THE CONTRACT IS CHANGED AS fOLLOWS: (lnctude, where applicable, any und'uputed amount attributa6le to prtviously exauted Construction Ckange Direttivex) 1. GCPR #7R: �710.00 � 5. GCPR # 14, $448.00 � 2. GCPR #8, 54,200.00 i 6. GCPR # 16, $772.00 ✓ 3. GCPR #9, �330.00 � 7. Credit fo� elimination of screens: $5,700.00 � 4. GCPR#11, 51,896.00 � 3.S�..vp IF¢�,,, �GO z6 sb �"o Totals: ��386a00 in adds and a credit of 55,700.00: $�686:90 net add The original (Contract Sum) (`'� - °'"°' "' ''""� "'`""` � a ' 1,785.00 The net change by previously authorized Change Orders s The (Contract Sum) ( ') prior to this Change Order was s 732,285.00 G701-2000 OWNER Ud' ARCHITECT ❑ CONTRACTOR ❑ � ffELD ❑ OTHER ❑ The (Contract Sum) ( ' ) will be (increased) (�ec,�ease�) � (ere�e�ee�ge�) by this Change Order in the amount of s ��p Z'�°S V• Ov ��L The new (Contrad Sum) ( including this Change Order will be 5 �r:ee rl's`ir�`t-t1.00 The Contract Time will be (increased) (decreased) (unchanged) by T'RIL� ( ) days. The date of Substantial Completion as of the date of this Change Order therefore is NOTE: This Change Order dces not include changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive Eor wtuch the cost or time aze in dispute as described in Subpazagcaph 7.}8 of AIA Document Azoi. _� Not valid uMii signed by the Architect, Contrador aod Owner. OERTEL ARCHITECTS I T E C y(Typed BY • , . 3 � DATE CM CONSTRUCTTON C 0 N T R A C T O R(Typed name) ----� (Signaturc) � �'� � � �.�'+'�-� BY 03��)03 DATE CITY OF FRIDLEY O W N E R(Typed name ) (Sigrtature) BY DATE � ��, � �j��i �i i�a �� m2000 AIA� AU DOCUMENT G701-2000 CHANGEORDER m2000 The American Institute of Ar<hirects. Reproduction of the material herein or substantial quoration of its The American Institute provisions withour written permission of the AIA violates the copyright�v�bf the United States and will subject of Architetts the violator ro legal prosecution. J� 1735 New York Avenue, N.W. WARNING: Unikansad photxopying violatas US. copyright Isws and will subjact tha violator to legal prosecutbn. Washington, D.C. 20006-5292 ` AGENDA ITEM COUNCIL MEETING OF APRIL 14, 2003 CRY OF FRIDLEY CLA1 MS 110673 - 111064 �� i CITY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF APRIL 14, 2003 LICENSES New License Applications Type of License B� RELIGIOUS AND CHARITABLE PEDDLER Blaine/Spring Lake Park Athletics Assoc. 1104 Paul Pkwy Peter Conery Blaine, MN 55449 Approved By: Public Safety TEMPORARY GAMBLING Woodcrest Elementary PTA Colleen Vranish Public Safety 880 Osborne Rd NE City Clerk Fridley, MN 55432 Little Voyageurs' Montessori School Public Safety 825 S1St Ave NE Karen Smith City Clerk Columbia Heights, MN 55421 (to be held at the Ground Round in Fridley) Renewal License Applications 3.2% MALT LIQUOR 4 Corners Gas & Convienience Steve Haw 1301 Mississippi St Fridley, MN 55432 Pizza Flame 317 Osborne Rd NE Fridley, MN 55432 Super Valu/Cub Foods 250 57th Ave NE Fridley, MN 55432 BILLIARDS Billiard Street Cafe 7178 University Ave NE Fridley, MN �5432 Dan Anderson James Stoffel Greg Asproth 37 Public Safety Fire Inspector City Clerk Public Safety Fire Inspector City Clerk Public SafeTy Fire Inspector City Clerk Public Safety Fire Inspector Community Development ` Fees: none waived waived $60 $325 $60 - $390 � Renewal License Applications (Continued) Type of License FOOD 4 Corners Gas & Convienience 1301 Mississippi St Fridley, MN 5�432 Ben Thanh Oriental Market 6566 University Ave NE Fridley, MN 55432 Billiard Street Cafe 7178 University Ave NE Fridley, MN 55432 Bob Produce Ranch 7620 University Ave NE Fridley, MN 55432 Domino's Pizza 7510 University Ave NE Fridley, MN 55432 Fridley Amoco 7680 Hwy 65 NE Fridley, MN 55432 Old Country Buffet #2 6540 University Ave NE Fridley, MN 55432 Pizza Flame 317 Osborne Rd NE Fridley, MN 55432 Subway at Moore Lake " 1091 E. Moore Lake Dr Fridley, MN 55432 Super Valu/Cub Foods 250 57th Ave NE Fridley, MN 55432 Wong's Gourmet 1254 E. Moore Lake Dr Fridley, MN 55432 : Steve Haw Jennifer Nguyen Greg Asproth Michael Schroer William Graves Susan Nelson Charles Sievert Dan Anderson Peggy Schmitz James Stoffel Park Wong : Approved By: Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Public Safety FireInspector Community Development Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Fees: $�� $�J $45 $4� $45 $45 $45 $45 $45 $45 $45 Renewal License Applications (Continued) Type of License � Approved By: HOTEL/I�IOTEL Budget Host Inn Divesh Bkakta Public Safety 6881 Hwy 65 NE Fire Inspector Fridley, MN 55432 Community Development JUNK YARD A-ABCO Fridley Auto Parts 7300 Old Central Ave NE Fridley, MN 55432 Derek Haluptzok Public Safety Fire Inspector Community Development Building Inspector Fees: $240 . $350 MOTOR VEHICLE BODY REPAIR Sam's Auto World Samir Awaijane Public Safety $150 7570 Hwy 65 NE Fire Inspector Fridley, MN 55432 Community Development PAWN SHOP Pawn America Brad Rixman Public Safety $3000 789 53�d Ave NE Fridley, MN 55432 RECYCLING & SOLID WASTE Ace Solid Waste, Inc Dennis Fredrickson Public Safety $120 6601 McKinley St NW Community Development Ramsey, MN 55303 City Clerk BFI of the Twin Cities 8661 Rendova St Circle Pine, MN 55014 Boone Trucking, Inc 1516 Marshall St NE Minneapolis, MN 55413 Christopher VanHofwegen Public Safety $390 Community Development City Clerk Joseph Boone Public Safety $60 Community Development City Clerk Keith Krupenny & Sons Disposal Service 1214 Hall Avenue Keith Krupenny W. St. Paul, MN 55118 Vasko Solid Waste 309 Como Ave St. Paul, NIN 55103 Public Safety Community Development City Clerk Paul Leding Public Safety Community Development City Clerk 39 $60 ' $60 0 � Renewal License Applications (Continued) Type of License � RECYCLING & SOLID WASTE Walters Recycling & Refuse Eric Sederstrom 28�0 101s` Ave Blaine,11�1N 55449 Waste Management of MN Ervin Hofstedt 10050 Naples St NE Blaine, MN 55449 RETAIL GASOLINE 4 Corners Gas & Convenience Steve Haw 1301 Mississippi St Fridley, MN 55432 Fridley Amoco Susan Nelson 7680 Hwy 65 NE Fridley, MN 55432 TOBACCO 4 Corners Gas & Convenience Steve Haw 1301 Mississippi St Fridley, MN 55432 Billiard Street Cafe Greg Asproth 7178 University Ave NE Fridley, MN 55432 Fridley Amoco Susan Nelson 7680 Hwy 65 NE Fridley, MN 55432 Super Valu/Cub Foods James Stoffel 250 57th Ave NE Fridley, MN 55432 TREE REMOVAL & TREATMENT Allstate Tree Service Donal Ley 7510 Jackson St NE Fridley, MN 55432 Arbor Design Tree Service Don Lawrence P.O. Box 290298 Brooklyn Center, MN 55443 Central MN Tree Service James Savre 144 Satellite Lane Fridley, MN 55432 �� Approved By: Public Safety Community Development City Clerk Public Safety Community Development City Clerk Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Public Works Public Works Public Works Fees: $7� $210 $60 $60 $125 $125 $125 $125 $40 $40 $40 Renewal License Applications (Continued) Type of License � Approved By: TREE REMOVAL & TREATMENT Precision Landscape & Tree LawYence Groholski Public Works 942 East County Rd D , Little Canada, MN 55109 Rainbow Tree Company Gregory Krogstad Public Works 2239 Edgewood Ave So St. Louis Park, MN 55362 S& S Tree & Horticultural Specialists 405 Hardman Ave Steve Sylvester South St. Paul, MN 55075 Viking Land Tree Care, Inc Dale Schwerin 6501 Maple Dr Rockford, MN 55373 USED MOTOR VEHICLE A-E Auto Sales Samir Awaijane 5096 Hughes Ave NE Fridley, MN 55421 INTOXICATING LIQUOR Public Works Public Works Public Safety Community Development AMF Maple Lanes Christopher Caesar Public Safety 6310 Highway 65 NE Fire Inspector Fridley, MN 55432 City Clerk The Ground Round Brian Connell Public Safety 5277 Central Ave NE Fire Inspector Fridley, NIN 55432 City Clerk Joe DiMaggio's Sports Bar George Vespa Public Safety 1298 East Moore Lake Drive NE Fire Inspector Fridley, MN 55432 City Clerk King's Restaurant Suki Lewandowski Public Safety 1051 E Moore Lake Dr Fire Inspector Fridley, MN 55432 City Clerk Main Event Robert Chaput Public Safety 7820 University Ave NE Fire Inspector Fridley, MN 55432 City Clerk MN Sports Cafe David Long Public Safety 7651 Highway 65 NE Fire Inspector Fridley, MN 55432 City Clerk 41 Fees• $40 $40 ' I $40 $40 $150 $6,200 $8,200 $7,200 $7,200 ' $8,200 $9,200 � Renewal License Applications (Continued) Type of License � Approved By: Fees: INTOYICATING LIQUOR Sandees Gary Braam Public Safety $6,200 6490 Central Ave NE Fire Inspector Fridley, MN �5432 City Clerk Shar�c Nightclub Brenda Hayne Public Safety $9,200 3720 E River Rd NE Fire Inspector Fridley, NIN »421 Ciry Clerk Stuart Anderson's Cattle Company Patrick Kelvie Public Safety $8,200 5696 University Ave NE Fire Inspector Fridley, MN 55432 City Clerk INTOXICATING CLUB Fridley American Legion Post 303 Madeleine Saltness Public Safety $700 7365 Central Ave NE Fire Inspector Fridley, MN 55432 Community Development Fridley VFW Post 363 Ron Saba Public Safety $850 1040 Osborne Rd NE Fire Inspector Fridley, MN 55432 Community Development Knight of Columbus #4381 Joe Mercie Public Safety $650 6831 Highway 65 NE Fire Inspector Fridley, MN 55432 Community Development 42 � AGENDA ITEM � CITY COUNCIL MEETING OF APRIL 14, �003 F o � ESTIMATES CM Construction Company, Inc. 12215 Nicollet Avenue South Burnsville, MN 55337 Municipal Gazage Expansion Project No. 343 Estimate No. 4 (February) ....................................................................... $243,446.0� CM Construction Company, Inc. 12215 Nicollet Avenue South Burnsville, MN 55337 Municipal Garage Expansion Project No. 343 Estimate No. 5 (March) ........................................................................... $104,854.35 43 � � GTY OF FRIDLEY To: From: Date: AGENDA ITEM CITY COUNCIL MEETING OF April 14, 2003 William W. Burns, City Manager �� Richard D. Pribyl, Finance Director Debra A. Skogen, City Clerk April 11, 2003 Re: Public Hearing regazding renewal of the Liquor License for Sean Co.,dlb/a Sean's Grill & Pub, 8298 University Ave. NE Fridley, NIN 55432 Staff has received an application packet for the renewal of the liquor license from the location doing business as Sean's Grill & Pub. As of the writing of this memo, staff is still awaiting the information requested that substantiates the food to liquor ratio required by the city ordinance. Staff mailed out the renewal packets at the end of January requesting that the completed packets be mailed back by the end of February so that staff would have time to review the renewal information. This is the only licensee that we have had to call repeatedly and send certified letters requesting them to return the renewal packet. We have just recently received the renewal information packet and upon the review found that they have not provided the appropriate information that would substantiate their sales numbers. We have also provided as an attachment to this memo, memos from the Police Department and the Fire Department that outlines concerns that have been identified during the short period of time this owner has been in business. It appears that there has been recurring assaults at this location that have gone unreported by the owner. Also a concern that was observed during a visit to the site was an un-vented, propane-fueled heater and 201b. cylinder that was used in the lower area for heating. Upon inspection by the Fire Marshall, other deficiencies were found to exist and correction orders have been given. .. n / � GT7 OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF April 14, 2003 To: William W. Burns, City Manager �"�� - From: Richard D. Pribyl, Finance Director Debra A. Skogen, City Clerk Date: Re April 11, 2003 Resolution providing for the non-renewal of the Liquor License MN. Sean Co.,d/b/a Sean's Grill & Pub, 8298 University Ave. NE Fridley, MN 55432 Staff has received an application packet for the renewal of the liquor license from the location doing business as Sean's Grill & Pub. As of the writing of this memo, staff is still awaiting the information requested that substantiates the food to liquor ratio required by the city ordinance. Staff mailed out the renewal packets at the end of January requesting that the completed packets be mailed back by the end of February so that staff would have time to review the renewal information. This is the only licensee that we have had to call repeatedly and send certified letters requesting them to return the renewal packet. We have just recently received the renewal information packet and upon the review found that they have not provided the appropriate information that would substantiate their sales numbers. We have also provided as an attachment to this memo, memos from the Police Department and the Fire Department that outlines concerns that have been identified during the short period of time this owner has been in business. It appears that there has been recurring assaults at this location that have gone unreported by the owner. Also a concern that was observed during a visit to the site was an un-vented, propane-fueled heater and 20 lb. cylinder that was used in the lower area for heating. Upon inspection by the Fire Mazshall, other deficiencies were found to exist and correction orders have been given. Due to the inability to substantiate the sales percentage required by the City Ordinance and the numerous other public safety concems staff is recommending that the council approve the following resolution that provides for the non-renewal of the liquor license for Sean's Grill & Pub located at 8289 University Ave. NE. � s� �� s� ,, �: ► w TERRENCE J MAGILL, PA 21 CENTURY AVENUE SOUTH MAPLEWOOD, MN 55119 (651) 501-2050 / (651) 501-2054 April 14, 2003 City of Fridley 6431 University Avenue NE Fridley, MN 55432 RE: MN Sean Co dba Sean's Grille & Pub To Whom It May Concern: Enclosed is a financial statement for MN Sean Co. Food sales for the year ended from inception May 3, 2002 to December 31, 2002 were $110,522.62. Liquor sales for the year ended from inception May 3, 2002 to December 31, 2002 were $151,525.36. Food sales were 42.18% when compared with food & liquor total sales. During my analysis of the sales and sales tax reports for MN Sean Co, I did not audit these sales or sales tax reports. However, I did come across a classification error of $3,000. Beer sales were overstated on the financial statement by $3,000 due to Pulltab rentals. If you have any further questions, please feel free to contact me at 651) 501-2050.� Be eg ds, � Terrence J �ta ill PA � 9 , Enclosures Filing co"nfirmation � . _ a � ; ,�t � ` • + � � . Page 1 of 1 ;-��. �� ... : �:�. ��<_� . ,. �. °�� , � �� '��3��`��i' ° . �i��!, �. � ;" • MN SEAN CO MN tax ID: 5911259 Tax period: Oct - Dec 2002 SEANS GRILL & PUB Tax type: Sales and use tax To pay by ACH Credit: Instruct your bank to transfer the amount to the Department of Revenue by the Due Date to avoid penalty or interest charges. To pay by check: Mail your payment with the form provided to you by the Department. In order to assure that your payment is applied properly, make sure to use the payment voucher that matches the period of this return. Confirmation number : 99993006037 3/'19/2003 10:58:51 PM Filing summary_: Gross Receipts General rate sales Liquor sales Use-tax purchases Variable-rate purchases Total Tax $12,422 $162,180 Taxable $86,969 $75,211 $0 $0 Amount Due $12,422 6.50% 9.00% 6.50% varies To print or save, use your browser's print or save function. Don't use your browser "Back" button to go back. Tax $5,653 $6,769 $0 $0 SECUR{TY STATEMENT I PRIVACY STATEMENT 0 hitps://minnesota.etaxes.state.mn.us/M?�O_SUT/ConfPayOther.asp 3/19/2003 Filing cc�nfirmation � 0 . . , Page 1 of 1 ^2 i � ',. . :, �{�� '�.�"r�� - ., w'.:. ��:�: ...:�. . �:: ,#. * �:'; E " �:: MN SEAN CO MN tax ID: 5911259 Tax period: Jul - Sep 2002 SEANS GRILL & PUB Tax type: Sales and use tax To pay by ACH Credit: Instruct your bank to transfer the amount to the Department of Revenue by the Due Date to avoid penalty or interest charges. To pay by check: Mail your payment with the form provided to you by the Department. In order to assure that your payment is applied properly, make sure to use the payment voucher that matches the period of this return. Confirmation number : 99992959224 3/11/2003 5:10:54 PM Filing summarv_: Gross Receipts General rate sales Liquor sales Use-tax purchases Variable-rate purchases Total Tax $8,507 $111,556 Taxable $61,323 $50,233 $0 $0 Amount Due $8,507 6.50% 9.00% 6.50% varies To print or save, use your browser's print or save function. Don't use your browser "Back" button to go back. Tax $3,986 $4, 521 $0 $0 SECURITY STATEMENT � PRIVACY STATEMENT � �.x�.e.s� r 0 https:i /minnesota. etaxes. state.mn.us/MNO_SUT/ConfPayOther.asp 3/11; '� 003 Filing co�firmation •• -. Page 1 of 1 a M # i ! : ': ��" � �� . ' �`�-'�;,. ��3 a; �� ?��"a��i' . ��*.:,. �: �' a : MN SEAN CO MN tax ID: 5911259 SEANS GRILL & PUB Tax type: Sales and use tax � Tax period: Apr - Jun 2002 To pay by ACH Credit: Instruct your bank to transfer the amount to the Department of Revenue by the Due Date to avoid penalty or interest charges. To pay by check: Mail your payment with the form provided to you by the Department. In order to assure that your payment is applied properly, make sure to use the payment voucher that matches the period of this return. Confirmation number : 99992959203 3/11/2003 5:07:11 PM Filinq summarv: Gross Receipts General rate sales Liquor sales Use-tax purchases Variable-rate purchases Total Tax $4,012 $51,796 Taxable Tax $25,985 6.50% $1,689 $25,811 9.00% $2,323 $0 6.50% $0 $0 varies $0 Amount Due $4,012 To print or save, use your browser's print or save function. Don'� use your browser "Back" button to go back. SECURITY STATEMENT � PRIVACY STATEMENT Iltips://minnesota.etaxes.siate.znn.us/MNO_SUT/Cor�fPayOtlier.asp 3!I 1/2003 � Seans Grille & Pub Balance Sheet December 31, 2002 ASSETS � Current Assets Checking/Savings Cash on Hand TCF 1 TCF 2 ATM Wells Fargo 1 Total Checking/Savings Other Current Assets Inventory Total Other Current Assets Total Current Assets Fixed Assets Equipment and Fixtures Leasehold Improvements Less - Accumulated Depreciation Total Fixed Assets Other Assets Goodwill Non-Compete Less - Accumulated Amortization Total Other Assets TOTAL ASSETS LIABILITIES & EQUITY Liabilities Current Liabilities Accounts Payable Accounts Payable Total Accounts Payable Other Current Liabilities Advertising Payable Payroll Liabilities Sales Tax Payable Total Other Current Liabilities Total Current Liabilities Long Term Liabilities Note Payable Shareholder Loans Total Long Term Liabilities Total Liabilities Equity Capital Stock Net Income Total Equity TOTAL LIABILITIES & EQUfTY Dec 31, 02 2,350.00 16,315.05 33.05 649.41 19,347.51 18,229.00 18 229.00 37,576.51 110014.94 27,252.34 (22,440.00) 114827.28 150000.00 50,000.00 (8,889.00) 191111.00 343514.79 31,928.94 31,928.94 8,300.00 13,639.10 24,941.00 46,880.10 78,809.04 171371.96 138703.03 310074.99 388884.03 4,000.00 (49,369.24) (45,369.24) 343514.79 Seans Grille & Pub Statement of Income For The Inception of May 3, 2002 to December 31, 2002 Ordinary Income/Expense Income Sales Beer Liquor Food Cover Charge Vending Total Sales Total Income Cost of Goods Sold Cost of Goods Soid Beer Liquor Food Beverage Paper Products Total Cost of Goods Sold Inventory (Increase) Decrease Total COGS Gross Frofit Expense Advertising Apperal Newspaper On-Site Radio Show Advertising - Other Total Advertising Amortization Expense Bank Service Charges Depreciation Expense Equipment Rental Insurance General Liability Insurance Liability Insurance 2 Property Work Comp Total Insurance Laundry Licenses and Permits Food License Liqour License Total Licenses and Permits Miscellaneous Music and Entertainment DJ Services Karaoke . Total Music and Entertainment TOTAL 84,598.46 66,926.90 110, 522.62 48,160.00 15,675.00 325,882.98 325,882.98 57,145.68 43,237.33 47,209.15 6,254.09 544.70 154,390.95 (18,229.00 ) 136,161.95 189,721.03 2,163.95 2,537.25 42,738.00 (1,700.00) 45,739.20 8,889.00 989.21 22,440.00 451.74 1,208.53 4,061.48 3,185.60 307.67 3,962.00 12,725.28 1,116.00 600.00 5,370.00 5,970.00 1,317.05 600.00 950.00 1,550.00 � Seans Grille & Pub Statement of Income For The Inception of May 3, 2002 to December 31, 2002 Office Supplies Payroll Expenses Gross Wages Total Payroli Expenses Professional Fees Accounting Total Professional Fees Rent Repairs and Maintenance Building Repairs Equipment Repairs Parking Lot & Lawn Maintenance Total Repairs and Maintenance Sanitation Storage Taxes Payroll Property Total Taxes Telephone Utilities Electric Gas Water Total Utilities Total Expense Net Ordinary Income Other IncomelExpense Other Income Sales - Pulltab Rental Total Other Income Other Expense Interest Paid Total Other Expense Net Other Income Net Income 0 TOTAL ° 695.64 48,128.22 48.128.22 295.00 295.00 64,998.20 787.12 535.25 1,259.32 2,581.69 2,484.06 840.00 4,654.05 1,447.91 6,101.96 1,556.88 9,406.99 4,797.91 1,094.28 15,299.18 244,168.31 (54,447.28) 13,250.00 13,250.00 8,171.96 8,171.96 5,078.04 (49,369.24) N O O N M N 9 E m 01 S � U 3 �' a ° c�i o � � N � O O N � � M d T C � � N o fn ++ c �o a v d s r ll ° � � O O d N N t� �' O � Y O � Q O T in N � o � o�� t� .� .r .� � O+ � � O G Q IV � F- � N rvt Om T r� .� r� .. .� rv � o � °o N d N N M � ` In � � In V � T ln N � m � N N o o � ``y, Yl ro e'i 'I 'I � �G � O � a n�� j� � ,� � �� "s��° � �� a m � _ .. .. .. �a N ^! 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V c = � �� KI A - m G�� d�� d 3 y O p y O W d O N O O> � .- U C 3 ` C� LL _ � S O O� N p a N a LL- Q �_ Ql J LL CJ �— � U U' J C' ('J J � U' J LL a. C � O — O N f" iC �" O .� , Resolution No. - 2003 A RESOLUTION DENYING RENEWAL OF INTOXICATING LIQUOR LICENSE FOR MN SEAi�1 CO. DBA SEAN'S GRILLE & PUB LOCATED AT 8298 TNIVERSITY AVENiJE �tE, FRIDLEY, MN 55432 WHEREAS, the City of Fridley, Minnesota, regulates the sale of intoxicating liquor in establishments located within the City, pursuant to the authority granted to it under Minnesota Statutes Section 340A, by ordinance, specifically Section 603 of the Fridley Municipal Code; and " WHEREAS, Fridley City Code, Section 603.10.19 states that at the time of renewal of any " license for the sale of liquor within the city, "the applicant shall submit proof to the City that a minimum of 40% of the business is attributable to or derived from the serving of foods and intoxicating liquors, a minimum of 40% of the business for a license year is from the serving of food" as required by Section 603.10.18"; and WHEREAS, on January 24, 2003, the City of Fridley mailed an application for renewal of intoxicating liquor to all licensees requesting the renewal application be returned to the City of Fridley by February 28, 2003; and WHEREAS, staff received an incomplete renewal application on March 11, 2003, from MN Sean Co. dba Sean's Grille & Pub (hereinafter referred to as SEAN'S) located at 8298 University Avenue NE, Fridley, Minnesota, and a letter was mailed on March 17, 2003 requesting the remainder of the renewal application information; and WHEREAS, it is the usual and ordinary practice of the City in the enforcement of Section 603.07.2.B., of the Fridley Municipal Code, to require the "statement of a Certified Public Accountant that shows the total gross sales and the total food sales of the restaurant for the twelve (12) month period immediately preceding the date for filing renewal applications"; and WHEREAS, on March 31, 2003, after reviewing the information received from SEAN'S, staff mailed a certified letter requesting the additional sales information; and WHEREAS, as of April 11, 2003, staff had not yet received the food sales information requested; and WHEREAS, in addition to the facts listed above, staff has reason to believe, from a number of � witnesses, it appears SEAN'S may be intentionally misrepresenting their food sales information which would place SEAN'S out of compliance with the required food and liquor sales ratios required by the aforesaid ordinance; and WHEREAS, on January 22, 2003, the server at SEAN'S was charged with a violation of State law and Section 603.10.05 of the City Code of selling intoxicating liquor to a minor; and � . � Resolution No. -2002 Page 2 WHEREAS, Section 603.10.2 states, a licensee is "responsible for the conduct of their place of business and the conditions of sobriety and order in the place of business and on the premises;" and WHEREAS, Sean's has repeatedly been told verbally and in writing by the Police Department that they shall report assaults; and WHEREAS, in a memo dated April 3, 2003, the Police Chief reported to the City Council SEAN'S has not only failed to follow Section 603.10.2 of the condition of the license, it appears there is a strong indication the licensee may have intentionally violated it; and WHEREAS, on March 1, 2003, SEAN'S may have violated the Minnesota Uniform Fire Code 1103.3.2.6 and created a public safety hazazd with the use of an unvented, propane-fueled heater and 201b. propane fuel cylinder inside the business which allowed products of cazbon fuel combustion including poisonous carbon monoxide to be released into an occupied business; and WHEREAS, on March 3, 2003, the licensee admitted to the Fire Marshall to having and removing an unvented heater; and WHEREAS, on March 3 and March 26, 2003 the Fire Mazshall issued corrective orders regarding other possible fire code violations to be competed by April 11, 2003; and WHEREAS, Fridley City Code Section 603.20 requires "that no person shall work as a manager of a premises licensed under this Chapter, and no licensee shall permit any such person to be so employed, unless such person, within seven (7) days after first being so employed, shall apply for a license to engage in such business;" and WHEREAS, in an affidavit dated October 24, 2002, owner Sean Tierney continually refers to Sean McAlister as his manager and other police reports refer to Sean McAlister as a manager; and WHEREAS, as of April 1 l, 2003; Sean McAlister has not applied for a Managers License; and WHEREAS, Fridley City Code Section 603.17 states that, "the City Council may suspend or revoke any license for the sale of intoxicating liquor for the violation of any provision or condition of this Chapter or of any State law or Federal law regulating the sale of intoxicating liquor"; and WHEREAS, Fridley City Code Section 603.18 requires that, "a revocation or suspension by the Council shall be preceded by written notice to the licensee and a public hearing. The notice shall give at least ten (10) days notice of the time and place of the hearing and shall state the nature of the charges against the licensee"; and WHEREAS, on March 31, 2003, the Finance Director mailed certified letters to SEAN'S Corporate Office and Sean Tierney's home, notifying SEAN'S their application was incomplete 47 0 Resolution No. _-2002 Page 3 and that staff would be scheduling a publie hearing in front of the City Council for April 14, 2003, to review the intoxicating liquor license and staff received signed return receipts cards; and WHEREAS, on April 14, 2003, the Fridley City Council held a public hearing on SEAN'S renewal application; and WHEREAS, based on the information above, and the information received in Exhibit 1 of this Resolution, staff recommends enforcing the ordinance by denying the renewal application of the liquor license for this location and owner. NOW, THEREFORE BE IT RESOLVED by the City Council hold a public hearing on the matter makes the following FINDINGS OF FACT: 1. That each and all of the foregoing factual statements are true and correct and are incorporated herein as part of the findings of fact and record of these precedings. 2. That SEAN'S has not provided the City of Fridley with a statement from a CPA stating the food to liquor sales ratio as required by City Code Section 603.10.19. 3. That Fridley City Code Section 603.17 states, "that the City Council may suspend or revoke any license for the sale of intoxicating liquor for the violation of any provision or condition of this Chapter or of any State law or Federal law regulating the sale of intoxicating liquor." BE IT FURTHER RESOLVED THAT based on these findings of the record herein, the City Council of the City of Fridley hereby denies the renewal of the Intoxicating Liquor License to MN Sean Co. dba Sean's Grille & Pub and owner Sean Tierney, located at 8298 University Avenue NE, Fridley, MN 55432 as allowed by Fridley City Code Section 603.17. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 2003. Attest: Debra A. Skogen, City Clerk . • Scott J. Lund, Mayor � � �� z - ► � ° � s EXHIBIT 1 October 24th, 2002 I Sean Tierney am the owner of Sean's Grille & Pub. This letter is a statement for Jen on an assault that took place on Friday August 16�'. "I do not know Jen's last name." I Sean Tierney met Jen approximately one month before the assault at my business. Over the course of the month Jen and I(Sean Tierney) were around each other numerous times, w�e made phone calls to one another and also had personal relations. Jen is an employee of 93X radio station. She would work at the bar from lOpm to 12am on Friday rughts along with one othec X-Girl always having two girls working together. On August 16�' Jen worked from l Opm to 12am, afterwards she stayed ai the bar drinking for the last hour before bar close waiting to be paid. At approximately 12:45am Jen had mention that she had not been paid yet, I Sean Tierney went behind the bar into the first register (tell # 1) and grabbed he money for the 93X empioyees. Whenever you go behind the bar to get money from the register you always have to put a note for what the money is meant for or a receipt if you had purchased anything for the bar. I then made my way to the DJ (disk jockey) booth and paid the DJ, the next people were the X-Girls first Jen and then the other girl. Not more than 30 seconds later my manager approached me and asked why I had been behind the bar. I toid him I wanted to pay the 93X staff. Sean McAlister (manager) then made me aware that he already paid the 93X-Girls. I Sean Tierney went back to the staff of 93X and spoke with girl #2 (name unknown) she openly admitted that she had already been paid and immediately gave the money back. I then went to Jen and she said that she was never paid prior to myself paying her. We began discussing this matter when the lights and music stopped; I realized it was closing time 12:SSam so I had to help close up the bar and Jen and I had to finish our conversation later. I asked all 93X employees to go downstairs and wait for McAlister and I to settle this money situation. After a11 the patrons left the building all the bouncers are insttucted to show them to their cars and watch the parking lot. I then told McAlister what Jen has said about being paid only once and that he needed to come downstairs to settle what had happen as soon as possible. I Sean Tierney made my way dovmstairs to deal with the situation. I went to Jen and told her my manager was on his way down to speak with her, I said this to see if I .• � could get a reaction out of her, her reaction was a grin and smirk, due to being under the influence. Durin� this time a girl that I had personal relations with, (not a girtfriend) had walked in and came downstairs (after someone had told her where I might be) to tallc to me. As she walked over to me Jen noticed this girl and decided to get up walk one step bend over and tried to kiss me I turned my head over to Jen and said what are you doing? Jen then stoo� up and began making her way toward the other girl on my right (Jen had been to the left of ine). I then noticed where this was going; I Sean Tierney began to stand up in between them when I noticed they were intending to hurt each other. I was �etting up from my chair not yet fully extended my ieft arm went out simultaneously with my right to hold these two girts from one another. They both made some physical motions (fighting) over the top of ine. When I became fully extended the two girls took a step back, the girt on my right turned and left I followed her out of the building and made sure all the doors were locked. My bartenders upstairs reminded me that the bouncers were still outside in the pazking lot. This is why I am absolutely positive about the time frame all this had happen, it was before 1:1 Oam. Because by 1:1 Sam all of the staff is to be in the building and the doors are locked. _ _ I then went back downstairs to see Jen holding a rag to her head Jen �ad a small cut on her head Jen then said she was fine and did not need to see a doctor. Jen thought that it might have been a bott(e that hit her. I Sean Tierney saw no broken glass or bottles in the downstairs bar. I Sean Tierney insisted that Jen had her head looked at due to all the alcohol Jen had consumed the night of August 16`�. After Jen kept insisting she did not need to see a doctor I Sean Tierney went to grab a clean bag and fill it with ice to apply to Jen's head while doing so I briefed my manager Sean McAlister on what had happen and that there is no need to come dovmstairs for the mee�ting with Jen about the money because of what has just happeq I thought we could discuss that at a later date. I Sean Tierney also told the 93X staffthat we would deal with the money issue later. I then began telling Jen that I would like for her to stop at the emergency room that night. Jen and I went round and round she finally left the building to go to the hospital at around 1:45am to 2am. Jen then was out in the parking lot of Sean's Grille & Pub not wanting to go to the hospital that took another 15 minutes to get her into the car (due to all the alcohol). Jen finally got escorted to the emergency room, I Sean Tierney finished up at the bar, locked up and we�t to Unity Hospital were Jen was being treated and released, the doctor said someone had to stay with her for 24 hours so I told Jen I would take her home and stay with her for awhile. On my way over to Jen's home I stopped to see Sean McAlister at a friends house at approximately 3:30am to 4am to let him know a little on what had happen. I then went to Jen's house till the early morning hours. 50 ' Later, the ne�ct week Jen had stopped at Sean's Grille & Pub to say hella we spent some personal time together, during the conversation we had together she mentioned that I should buy her a new outfit (clothing) so she can look good for me this coming Friday. Sean NicAlister and I talked about the money issue after she left. McAlister is positive he paid Jen, I have no reason to believe foul play with my manager, so we came to the conclusion that she had stole that money intentionally. Sean Tierney and Sean McAlister phoned 93X and told them we were not interested in having the 93x-Girls at my place of business, we would only need their DJ. Jen showed up in the middle of September to hang out at the baz. When I Sean Tierney sa.w Jen she said that I should run her a bar tab and lose it at the end of the night. I told Jen I do not n.in my business that way and also let her Irnow that I did not think she was welcome in my establishment, I then walked away. Later I was out on the dance floor I looked up as Jen was approaching me to dance with me, I then walked away from her again. Shortly after that I did not see Jen anywhere in the building and did not see her for the rest of the night. �-- -- A week or two later I received your phone call asking for a statement from myself (Sean Tierney). I hope all of this helps in your investigation. Sincerely, Sean Tierney 51 � � �� Skoge�, Deb From: Sallman, Dave Sent: Thursday, January 23, 2003 10:56 AM To: Pribyl, Rick; Skogen, Deb Cc: Burns, Bill; Nicfcok, Scott Subject: Sean's m r� Based upon the compiaint that Sean's was seiling alcohol to underaged persons, we conducted a compiiance check ai that location last evening (Jan. 22nd.). The 20 year old female was served an alcholic beverage without presenting or being asked for ID and was charged with a gross misdemeanor. The server/bartender did state that she was new to Sean's but has worked in that capacity previcusly at another licensed establishment. We will probably try this again ir he future. FYI. 52 �p. . . � , _ . . r � INCIDENT REPORT o�.vTA:. :?O� S IvG . ��SE#:v�-oi7�6y �RIDLEY PGLICE D�?A�TMEN� � o oc oeE'E'NSE _NCIDE`IT � J DAY OP 'aEEiC Ln Gr,�.T%,C,�, s r! T w T F�� A:� ��?C�':'�D T_`.9E :�E� .. ='' �-== :_ � �:.� TIM= ,."MP:.r.T° �- "'i-ZS-G3 o�?C � � `'� ��yZ �35=6 =oW �.c�_.�� a�� ccc� ti�� : �ML o c:;�.io P�'--.G/.� �_. Jl-zs-o3 03�Z °�CL L� CCCU�.2�;IC� r- GR�D � � a:'. � � =�' Zy� U�,,ve�s ; �-y �7ve- ��- �� ,� N?�`".r. F CCM?:,P�NAN:; vZ^ � JOH aa= C � � o'' .;� Izy - ...,M:. AD R.�.SS !, c-�.�g \ / ;` 1�` 9Q3Z`IESS A��R�33 P:iC�I� a=- �� aPORTED BY__ pag ?F� 0 0 ✓ �/-/ �'-/97`/ - 'HONE � �/� : � gU? � TYPZST ISN MOC 900C �� cJ VAI.QE CF THEFT (�J,P(V� A?PROVAL VALUE RECOVERED '/1 �/�� ❑ Pub 1 i C �� O F DPu�1AGE < vc.:n_:.� vc 1lVl.lULP�1 :�r � �� // --- � C.v'G`5 �`S G SG�� G,e ��..� Gc�cG��s G,�cv f �cc.v 5�c,� `5 r; ll� �.� P�� 5 .�e; ��, rv� , L �, �eo'' ��, d� �� lCe �r`� . F <G ,`r--�l l� P G, � < rS C�-5 Cas� ql• . �,G,�,ce �0 3 � /% o 2av��CtqaGlon 53 ✓vv� ! �� — .,a � - �� . .. . ... ..__... � �!�'� "^�-''�-- I,� . Case #: FRIDLEY' POLICE SUPPLEl�IE1r�I'ARY L'V�ESTIGATIO�i REPORT OFFENSE: COMPLAL�iA.ti�T: ADDRESS: Lr`VESTIGATLYG OFFICER: Page DATE: Supervisor'� App,covai _ procp�ed By � � -��.1-� �� , lre�,c�'C ' �.� ��i� J �-�,., J`��, �' 1 �- � r � 1� � ' %J �`.� v� � � ,/i ✓l �S C� �%, P , � r- � S ' f --L, ' � � t-c , � G� �` �'c-�-�'i' S P/� E%,, yP �r G � So. r` t� k � � h � � �`' C.. I ��.,� �-c� �� w L - vr► �'Y� G, ✓ ; %�� r� �� a �c J � � � G.IGc-� � �� `S ►'�G 1 ,. � " i�c�, �e � ./� - � �c..,., � r5 LS � V 'JU �t�v� � < u �c� s s�C,�, SScc�v�S • � . . -- -- � ✓C'. o • �. %� °�e cP� �i S �y, c-� fi� TL,c�/- �d/�c� " G cJ' S tcv�C'/ �-,` s5 � c� � � �� CJ � f"G S f s� SC'� `s er-� �i s v:� l�, c..c� � � � �q. J`c� �, � � e � �E v� ;� �. )��,�1 .�,�.:, �. �`S ,, • ; ► uv r � �c�ies . = L�l�, c� i � r Sc n�� i . vu ✓ (iG'1� ST` �-- -�a �,.---_ �'-�. 1,�, �-, �_ . � s� � � c,� � fL. ��es� ,� °G � V� � v/c,, �' � p� _ � _ �_ /oC�vi� � S�c� ti �S Gc�.,., �c��- - i�s ; / �i' e% s %�e�C. l�-� �: , `� /c. �--, � _ � �- � � , . . . �, _ r viwc..� CJ� 7 C, �tJl ✓eG7G'/ �C�/�/y1 G,l� , Case File . Iavestigation Patrol Pink Board /, ' n FPD-SUPP-9/99 � �a'\ ��. �-o �,`��,i�� , _ � l ! 'o - �/�.► ��V/ e 5 tJc. � � � L-� {� � r . �- �o y 1 J �. . . -- i� IM �� ,- Si�o-�,y�. INCIDENT REPORT U �_.__ --._ - ,-.� _. : cas�� 03-�-�9>> ±INCU2oo�^. =� - ��- �' -�� -�-�`=�� a�t o= �r�=< ,-: _:r�_, :��:__��_ - �.. �Iisc.Ofiicer _ -N: _ .:�,, �,; -_�� _��:.-__� -•�-_ _-':��_ ,_'f= .___ _ -- - �--- •- �— ��, � �'N� � i'-'�) ��"�� -- - ' -�^.� .. _—�.....r.. ,�'_rI; .__--_.. �i(1ll =--•-= = ---_..._��;:�_ ��_� � �e;tn': P�;n ??9`� 1�nive-:irv ,-��.�e Fn�11zv �f� ii1;? 1_ ..-,!_ -- -='''=�;_v.a.�T:'%--_'-�� _-- (^i,� nr� �ri�i!z': _-_•;= .. �:N� . _ _...�J.7 ' . .:.. �I:. �C� ��'��_. �'/ �1�c� .:::.h� :�CR55S ��w :?:�__•;�.. �� 2i1, _ 'r. �jV .:�yy g,Yr� ?'yp:g:' ISN MCC 9400 DIS? "'`" - 4L[�l6 ars var..cra o� �:��=T �aS�VT-`i y^= = T`�� Su2V A?PROV?�L VALUE RECOV::R :D � n Pub l]. C �J?u,LTE C? Da.`�L�G: - _. -�i;(':'.;i=. �1aTt=� ULTe��J Or i`+CIDE`IT: Public Safety Director Sallman requested I go to Sean's Pub to obser��e ?he 60°ro to 40% food to liquor ratio andpossibie f; audulent register practice�. On ?:'7r'03, at approximately 2100 hours, Officer Swanson and I w�ent to Sean's Pub in plain clothes. We entered the buildina and were advised by an employee that there was a�� cover charse and a mandatory coat check. I paid �10 dollars for Ofticer Swanson and I and we secured our coats in the trunk of our vehicle. It should be noted that the $� cover charge was not entered into a re;ister and was physically controlled by the employee. w'e sat at the east side of the bar near the tap bee+r dispensers and had a ciear view of the two registers behind the bar. I immediately noticed that both registers were not turned or� and the money drawers were propped open with saltshakers. I ordered a Seagram's 7/7 Up and water. Money was given to a male bartender who opened the money drawer and made change without touching any buttons on the register. � We observecl several money transactions at both registers and at no time were any buttons pushed. There was also no register tape visible in the registers and the registers appeared to have no power to them. Officer Swanson and I then ordered appetizers with a female - employee who wrote our order down on a piece of paper, which she placed near the register. Again, the employee made chan�e for our food without pushin� any buttons on the register. At approximately 2150 hours, I went downstairs where a second bar is set up with two registers. I immediately noticed that both money drawers were propped open with saltshakers. 1 ordered a mixed drink and observed the bartender make change our of one re�ister without pushing any buttons. I also observed the bartender make change for a patron out of the second register �vithout touching any buttons. All visible registers were dark and appeared to have no power to them. I was also unable to hear the registers make any noises and no register tape was visible. During my ��alk throu�h, I noticed a female selling bottled bee�' from a large trough upstairs and a second female selling bottled beer from. a trough do«nstairs. I watched several patrons buy beer from both females and the money was retained by the employee and never entered into a register. �Ve also checked the entire establishment for other patrons who ordered food. We noticed that we were the only ones that had food visible. It shoulc� be noted that it became difficult to walk freely at Sean's due the high number of people inside the establishment. Ca�• Til• � Sa�uelgati�� ero1 PLek Doard SL�PPLE�I�.�TaR�C" I��'ESTIGATIOr REYt�RT FRIDLE�C", �I� POLICE DEPaRT�tENT '�F��`�`� �tis.:Ot�;��r -'��!".�;`�',�' Cit� ot Fr:dfev �DD?.�� =JTtl.1.� : i��J j,,��nson OFF[CER D.y � �. �- -�1� �upervisur's �pproval \�;p! -;�'!�.�:_ _..' 1:L� ��- U�=c�,j"c. ?R:;�}RcJJ Ot� iv'. =�?!� i:> ;'ii i�:5. c�� Case �a 03-Z�9?� Processed (�.^. _'- -�;_ . 1C � i':�,! �OU:'i. l�C::��C �1.0 1.^.� I 1:TiV_:: 1C JZ1R i Pub. 3?9� i.; ni��e�sitv :�ve. foc a detaii. �Ve �ACZI�t� Cflt011�h �� .:(in� •�l;�r in� : '; .�.� :1-.. . .... � - .. .. � . .�. . . . .. �: 'u : ..a�'u i::� � l 11 . .. .:o � . .s.ac.i�^ . . . .-�r .. , � a: � � co: .:oi � ^:cr.e�. T':e �:..p,oyee tcok � e :nonz;: 1^� ze;d u on hi� rzron. The:� wa; ao ,e<,ister zt the e�.our ar.dlt d�d not observe any tabulacion taking ptace ro keep �ack oi how r.:an�: customer �nc�r�d zr.d pai�'. �L"e ;a,1c [hc bar on tl:e uppe: tevel. I obserred the foUowin� while inside the establishment: - T'nz bar on thz upp�r le�: el had t�ti o::;is[ers. Both ce�iscers �vere curned otf and the tilI drawers were kept open a eouple of inches at all times. There appeared to be a saltshaker holdins the ciil open on the northwest side of the baz. There was an object holding the other rill drawer open at the southeast part of the bar also. - Duz co the tact that thc re�isters w�ere otf, nothin� was ever cung up at the registers. ��hen a patron otdered a drink, the b�nender broughc them the drink and �ook monev for it. The bartender then went to the open tili drawer and placed the money inside. (f chan�e w�as nreded che banender w�ould take the chan�e out of thr dra�ver and give it to the patron. No r�cord ot che saiz :ti•as made. This ��czs che wa;i chac z��er: �znsaction appeared to tak: place. Bartenders also provided oz�:era�es for the w�itresszs :hat ��er� �akin� orde:s from parrons at tables �hroughout the establishment. �io record was made of those transacr.ons �ithzr. - Otficer Sato and I did ordzr appetiz.rs w�ailz at che bar. Tnz w�aitress did wri�e down che order and slide the ticket over a needit neYt to the register. The monzy we paid went utto the same tills and the transaction was not recorded w�ith the register. - During the entire cime I was at the escablishment. I did not see another order for food &om where I was sitting at the baz. :�� 2( 30 hours, [�ti�alk:d chz entire premise and did noc see another patron with iood. This inctuded the lower (eve( of the establishment tha: contains more table seatin� and another bar. �t 2?30 hours. t aoain walked the enrire premise and observed ao other patrons with food. - The bar on the lo��er levtl also had Rti�o re�isters. T�� tili drawers on zach re_ister w�erz held oprn a:ouple of inches the same �vay as the till drawers were held open upstairs. The registers on the lower level were also off. I observed the same process for serving drinks on the lower level that I had observed on the upper tevel. Cash that was paid by customers went into the open tills without ant record of the sale. - At one point while I w•as seated at the upper level bar, I observed a bartender remove several bills from till. She gave the bills to a security employee. "Ihe security employee then gave her two bundles of bills that she placed into the rill drawer. - I atso observed two beer bins in the estabtishment that were monitored by female employees. There was one bin on each Ievel. I observed patrons at each bin pay cash for their beer. The female employees took the cash and held it themselves. There were no re;isters at the bins and there appeared to be no record of the sales. Officer Salo and I teft the business at approx. ZZ40 hours. It should be noted that we were both in plainclothes and at no time identitied ourselves as police officers. OR!GI�:.�L P.�TROL P[NK [v�'ESTIG�T(ON 56 •-��.� � �,E . ,..,�_ . . . .. .. r,�.: �.;: . Saliman, Dave From: Gease, Michelie Sent: Sunday, February 16. 2003 3:20 PM To: Sallman, Dave Subject: Sean's Dave, � Just a note to update you on Sean's. I received a call of an overdose of Meth at about 0115 hrs on 02-16-02. As i arrived, the intoxicated remale waving me in, fell on the very icy parking lot, possibly breaking her arm. I provided aid to the overdose victim ard was advised by bystanders and unidentified staff members that she may have obtained the drugs from people in the bar. None of the people wanted to be identified and they left while i was providing emergency aid to the victim, who had stopped breathing. I forwarded a drug form to DTF. While i was writing my report near the bar, I observed several intoxicated oeople leaving the bar at about Q150 hours. Due to cali (oad, I had to leave and did not question the people leaving to see if they were staff or patrons. Just information, but we will be watching for a similar late departure from the bar in the future. Michelte 1 57 _ _ CITY OF FRIDLEY David H. Sallman P O LI C E Public Safety Director FRIDLEY POLICE DEP.aR'i�fENT • 6�t31 Lti'T�"ERS1'TY:��'E. N.E. FRIDLEY. �ir 55�132 • l763) �"2-3629 • F.�X (7b3) �?3-36� I Februar�� ?7, ?Ot�; ��an Tierne�- Sean's 3298 Uni��ersity-:a�-z. �E Fr,dley, �i�; 55�;? Dear ti1r. Tierney, :�ttached is a police report from Feb. 23"�, 2003 at about 1�.�I of an assault that is alleged to have occurred in the rest room at Sean's. �Iy concern is that there is a comment in the report that "a male...identified himself as the ow�ner and told him that he sa�v �,vhat happened and the male was removed from the bar for fi�htin�". I appreciate that this was the report oPthe victim and, althou�h I don't know why he would make that up, may not be an accurate statement. Clearly, if you or one of the employees witnessed a crime, you have a responsibility to call the police, not have the suspect leave the location. I have notified you verbally before that you are to call the police any time that there is a crime w�here an investi�ation needs to occur. An assault is a crime that requires an investi�ation. This letter is to notify you that if further crimes such as assaults, sexual assaults, dama?e to property, theft, etc. occur and we (police) become aware that at a later date that you had information on the crime and did not contact us immediately, it will reflect on your licensing status. If the attached crime did occur as reported, it is necessary for immediate response in order to obtain suspect and witness information. As I have noticed previously, it is not necessary to contact us every time you escort someone from the location. But if that person has committed a serious crime such as an assault, we need to hear about it immediately. Please feel free to contact me if you have any questions relative to this issue. � S cerely, ! avid H. allman-Public Safety � ector City of Fridley Copy to: City Clerk �;� � -- .. . . _-- � --� - � – --...– - — -- — =�..ri__�i �V�_..,_.._. . ��t_�1' --- -- - ..= :�Scvl.`.�?= :1; � UN1��=.�J;_.! �=r��_. =<;CL_�`. yL� 7�d.'�"c 1�C'� �:-=-. 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Z,1��iCr�' -��:=-�;�=.�� I'�CK P;CT�,;RES ��NJURIES AP�D H�D HlL1 SIG�+ � REL��SE �CF.�,1. .,aU ' CCCc Y.�;dE --- iC i � E i�rR=ss � �aT-_�;�...� :� : uJN COCE ; A R i ?;JIU i COCE ( NA?dE i I ;.�GCR�SS I 1�'.�J ; ?�JlU i COGE � NA�tE � i � � I I�1CGRESS � ,� � � � t��' 1 HCr,iEt 3US UNt Ir�UH<!,r,uyu � _. ;aGB aar i � cr+E �wo : . � -. 008 �PT I CI7Y HCtiIE i �US P40riE ?',`lCP.K ! Z�0 �!G � �'��G' : � _ ��i �'. . � 7ro . �,1^i - ' t;c_� 1? iGER i F,i;< , SEX I r2aCE E HG �:�NGT � I V�/ ---- S'.�TE iZIP-- : �;IN ; 55422- C� _: + ?.4GcR ! FAX f ri�:.c. HGT ``NGT i � I S'�,T= C ZIP ' � � i ��! i °AGE FAX ! �tC=_ ; S'a iZ! i � cS � Fridley Police Department � � �-� Memorandum To: Dave Saliman From: Greg Salo Date: 3/2/03 Re: Sean's Pub Dave — here is a copy of my supplement from 3/1/03. Things appear to be operating as before except for the 80,000 btu heater that was running downstairs. I believe Ralph Messer would be interested in this information but I'm not sure who you want to make aware of our involvement up there or when you want to make them aware of it. The heater was so obvious that Ralph could approach the issue as an anonymous complaint from a patron. Oh, I was also wondering about the "thong" contest and if that violates any licensing issues. Just so you know, I had to talk Skip out of entering the contest. He actually thought he could win! .1 �'�'':�,_"._`.,. -„��.: - .- SUPPLEMENTARY INVESTIGATION REPORT OFFc�SE CO�fPL a �.��T .�DD2c�S I��'ESTIG.aTI.�G OrrICER D.aTE FRIDLEY, �I�i POLICE DEPART�IENT Ordinance `';olatian Citv of Fr,die�� Salo 3:'?:03 Supervisor's Approval .aDDtTIO�i.�1L DET.�iLS OE OFFcVSE. PROGRcSS OF lti�'ESTiG.�TfONS. ETC. � Case No. 03-2492� Processed By On � l 03, at ?0?0 hours, I wenc ro Sean's Pub (3293 Uni��ersity A�enue) w�th Dru� Task Force officer� �e foilo�v up on non-cornpliance with our 60l40 food liquor rario and possible illegal narcocics activity. Otiic�r ��ar.d I we:e dressed in p:a:n clo4':es. We ezte:ed [he establishr.ier.t and we;e requ'ued to pay a S� cover char;e and show� a photo ID. We sat at the southeast comer of the upstairs bar and order two beecs. I noticed the two registers at the upstairs bar appeared to have no pow�er to them and the cash drawen were propped open with saltshaken. I watched several transactions take p(ace and at no rime did any employees push buttons on the register. We then wallced downstairs and sat at the bar located on the west w•all. I noticed the two registers ac this bar appeared to be dark and have no power to them The cash drawers were also propped open with saltshakers. Approximately 10 feet to ihe east of the bar I noticed a large upright heater. The heater was silver in color and was approximateiy tw•o feet high and one foot in diameter. I noriced a(on rubber line (a roximat that connected the heater to a�0- rnmd liq iu d F2Lnane tarLk On closer insp�rion of the hea er noticed it caid "C' P**+��- �n np0 to 80,000 BTli". nere •.l a; 1;atge 2Tame ;n thz �enter of che heater and an extreme amount of heat was emanating from the top of the heatzr. I� s::u�:� be nor;' *.!�at the heater �.�•zs se�a*�ted from the LP tank �:-`' = tQ-foot hose and w•as laid out across the front of the doanstairs bac. I �otic�d s��•eral patrons either step over the rubber hose or w•alk around the heater to �et to the bar. At approximately 21�5 hours, an employee picked up the LP tank and dragged the i�nited heater into a smaller area near che west entrance to the business. I was then approached by an employee who informed me thar a"thons" comperition would be starting at 2330 hours. The employee said the �vinner last a•eekend won bzcause she had a see through thong on. At no time did I see anyone in the establishment w�ith evidence of orderin3'consuming food. At approximatel� 22�� hours. w�e left the establishment. OR1GINiAL PATROL 61 PINK [�(VESTiGATION � Fridley Police Department , Memorandum .� r.; �� To: Chief Dave Saliman From: Sgt. Bob Rewitzer Date: 3/16r''03 Re: Seans Regarding t�e attached incident repc�t invoiving Seans owner Sean McCailister, thought that you should be aware of N1cCallister's excuse for failing to notify police. N1cCallister said that he and Tiemey met with you and were told that they did not need to reporf minor scuffles. I pointed out that the described incident was hardly minor, considering that one party had sustained visible injury. McCallister suggested that no such injury occurred from the altercation. I advised nim that your letter was not ambiguous — assaults and thefts were spec�cally identified as requiring not�cation. My supplement in this matter alludes to a DUI arrest which occurred Saturday morning (03-054299). Driver going wrong way on divided roadway — tested .19 — claimed to be on his way home from... Seans. �� INCIDENT REPORT '-.=�r-a_ ..:t's_'�= CaJ�Y : O�-O�-��7 -� - - = o�;- - _�^�t. �;T �sraazosaa .-. _- �_ _ � __�� _ �a�. : N.-_� -��Sai'i T sa-_�.az _•--- �_=='=�-- ='_'�.: '.�� -_,,�� _-�- ='='"= '=-- =�-'"� -=�'=----- ' � �j_ l',i' i �)�!1' 'i� � ��-�-7 _-"— �'--. •-�� ._`^.� ___'_...__., ;. i ; n; n� ;�� : a:._ .,_ ., _ _::�_.�.. __ _.._� � Z�9R f'�T�'FRtiTTi�" -��' �F 1 'r'°'� �- -="!=-a-�`�=,��'� 1==-=�,, �ca iFC�F f»�,'TT� �,iC�HR 1?;2�,'7( . ,_�,r.: ��.�c��ss ?�c�r.= ',.�?i (�aK P�R� �"TT i aC'rF �R �' CT 1 ni'T� PK �;f�; ��-I?n Fil?_-Fi9i-.:!^n5 ��.J-V�JJ �CR�J� :ZCV� 9;�C R A T�i(1 ��?-� i �_�n�n �.:?ORT�D 3'! .r.OB F R TC' iT i CTT�1 � a i(1 �/7/7=1 �i Df2=SS PHONE - � e1 3� �_ _',-�.. <: .�� - '�r-� ,_ " v�_ �.�z �:. ?AC7 �??IC3R �sS:GVSi SQUAD TYPZST IS:7 MOC/90C0 DZS? SGT R. REWITZER #1 16 N10� RR ��' a= THEFT :�s_sT�.rc o��:c�:� suDv AaD�avaL vAt,uE x�covsR.D ❑ �,i� y-- VAI,L� Or^ DAP�4�GE . .�:'� '\�': ^�"',,: l »7T7: � . . ti�"IT�iESS: �1[CH.�EL ALEXa�iDER MITZliK. 7!2l/7�. 26�0 SCOTLA�D CT T10�4, i�fOCNDSVIEW NI�i » 112 PH: 6�1-3�3-4-138. WK: 6�1-6�3-347=! w"ITNESS: (POSSIBLE ADDITIO�IAL VICTI�i?) SEANS GRILLE & PUB BOL�iCER "CORY". POSSIBLY CORY EDWARD MAYBERRY, l2/18J7�, 140� UPPER 5� ST. #-�05. IWER GROVE HGTS, N1N, PH: 651=450-2003 SUSPECT: SEAIv` v1ARTN vICCALLISTER �i31/69, 1123 PECKS WOODS, #110. FRIDLEY MN �5432, 6�1=276-0�46 O�VNER OF SEA1�1S GRILLE & PUB, 8298 UMVERSTTY AV N"E, FRIDLEY MIV 55432, 763-210-7326 DETAILS Or INCIDENT: )ISPATCHED CPtLL: SEE CAL.LER AT 679� E RNER R.D / ASSAULT OCC AT SEANS PUB / SAID HE HAS A 3LOODY NOSE AND A BLK EYE THAT IS SWELLI'iVG / REF 1�iED ATTN responded to the above call and on arrival met caller, Eric Salo, Jesse Mohr, and Eric's "sober ride" Michael Mitzuk. Mohr old me that he is a DJ for a 93X radio station sponsored show at Seans Grille & Pub.11�1ohr said that in the past there has been ;ome problem in getting payment from the owner, Sean McCallister. Mohr said that after the show tonight, McCallister asked lim to sign a receipt stating that he (�Iohr) had been paid by the bar for the 93X DJ gig. Mohr said that he told McCallister that �e had not been paid. Mohr said that McCallister ciaimed the money had been left out on a table and was now missing. Mohr old me that McCallister accused him of stealing the money. Mohr said that during the disagreement McCallister "head butted" iim in the head and also punched him. Mohr said that Salo aIso got "head butted" and punched by McCallister.l�lohr told me hat a Seans bouncer, named "Cory" got in between to settle the situation down. Mohr said that Cory also got "head butted" and �unched by McCallister and was fired on the spot. Mohr, Salo and �litzuk left as it seemed that McCallister was out of control. ' observed no obvious sign of injury to Mohr. Salo's account was the same as Mohr's. He had been drinking. Salo had a small ;cratch on his nose, a scrape or laceration over his left eye and the brow over his left eye was obviously puffy. Mitzuk witnessed he altercation involving NicCallister and confirmed Niohr's and Salo's account. Mohr and Salo wanted the incident iocumented — no charjes indicated. Nfohr said that 93X will likely dissolve their contract with Seans and his boss wanted a �olice report made to document the incident. Salo was set to leave on vacation out of the country later in the day. Report made. vo contact made with McCallister as the bar was closed and appeared unoccupied. �ee ICR 03-0��01 (VICTIVi 1 SALO) Cas• 111� 2a��tiqation 63 Patrol Piak Hoard SUPPL�MENTARY INVESTIGATION �EPORT c�� : 03-05-t337 FRIDLEY POLICE DEPARTMENT �'�0020�0 CEe"�:NSE/I�1C=^uE�IT. �ATE PAG,? :�SS:it.rLT .��I��J 1 VAf�tE OF COMP?�I�i�l.�iT/V�CTIM DOB JESSE DAVID �IOHR 12/2�/76 OrFICER ASSIGNED TYPIST PRCCESS�D 31 SGT R. REWZTZER #116 RR •11P.�TTl1ATT7 '�CTTTTC r1: T\ir"'T71L'\im OD/1l.DCCC (1L' T\T�TL'CTT!^_TTT/IAtC ... . On 3/1 �; 03 I went to Seans Grille & Pub and met with owner, Sean NlcCallister. We discussed a concern I had about a bar patron's level of intoxication on a DUI arrest earlier in the morning. I then asked McCallister if there had been any problems lately and he said there had not been. vlcCallister went on to discussed business issues. I noted that �IcCallister failed to brin� up anything concerninv the alteged theft or assauit itom the morning. I then inquired as to whether he had any problems with the 93X radio DJ (�fohr). �IcCallister told me that there had been past problems conceming the DJ's claiming not to have been paid when �1cCallister believed that they had been. �IcCallister said that after bar closing the past moming, a dispute arose when the DJ claimed not to have been paid. McCallister said that he had left the money out for the DJ and it was gone. McCallister said that the DJ "invaded (his] personal space" and was yelling at him. McCallister said that he felt threatened by the DJ so he head butted him. McCallister said that the DJ's friend, Eric (Salo), then got involved. McCallister said that Eric grabbed his neck and ripped a chain off that was around his neck. McCallister said that he head butted Eric as well in response to Eric's aggressive acrions. McCallister pointed out a red abrasion on the left side of his neck caused by Eric. McCallister denied any confrontation with bouncer Cory and claimed that he was srill working for the baz, but had not yet reported in to work tonight. McCallister said that after the confrontation with the DJ and Eric, it was agreed not to continue their business relationship. McCallister said that the DJ and Eric left approximately ten minutes later. McCallister said that he considered the incident minor and so didn't notify police. I advised McCallister of the visible injuries to Eric (Salo). He suggested that they didn't occur from the altercation with him. I reiterated the department's expectations concerning notification on assault and theft incidents. NFA .' FRIDLEY MUNICIPAL CENTER • 643 ( UNIVERSITY , March 17, 2003 Sean B. Tierney 2830 Noel Drive Little Canada, MN 55127 CERTIFIED MAIL Re: 2003-2004 Intoxicating Liquor License Renewal Application Dear Sean, '[zEZ �SZh �uuu_ut�� This is to inform you that we are in receipt of your intoxicating liquor license renewal application. I have reviewed the application and found that it is incomplete and we are unable to process your application until it is complete. Please submit the following information no later than 5:00 p.m., Wednesday, March 26, 2003: 1. � 3. Certificate of Insurance for liquor liability showing coverage from 5/1/2003 to 4/30/2004; Bond with corporate surety, or in lieu thereof, cash or US Government Bond ($5000) as required by the Fridley City Code; and CPA statement on gross receipts for food and liquor sales for the license year ending (reflecting a minimum of 40% food sales and 60% liquor sales). Your license application cannot be processed until all of the information above has been submitted. If you have any questions or concerns, please contact me at 763-572-3523 or Rick Pribyl, Finance Director, at 763-572-3520 in my absence. Sincerely, CITY OF FRIDLEY , . �I;� - G . �L� �✓ Debra A. Skog�, CMC City Clerk 65 � ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can retum the card to you. ■ Attach this card to the back of the maiipiece, or on the front if space permits. 1. Article Addressed to: Sean B. Tierney 2830 Noel Drive Little Canada, MN 55127 A. Rece ved by (P;ease Print C/ear/y) D te of ive� S•i�. �%, 3��0 C. Si ure ❑ nyent � Addresse D. I elivery add different f�in ftem 1 ❑ Yes ,!iF1'ES, enter deliv�ad ress b . ❑ No �*,cf sr S,' a�' � '�; �� :� `� �, e Ty : �� iress Mail • Re9� Hetum Receipt for Merchandise `�Q ,F7 C.O.D. 4. R2stric�ed Deltvey! (Extra Fee) ❑ Yes 2• Article Number (Copy /rom service /abel) 7000 1530 0002 4750 7371 � PS Form 3811, July 199g Domestic Retum Receipt 102595-OO�M-0952 ■ Complete items 1, 2, and 3. Also compiete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Sean B. Tierney Sean`s Grille & Pub 8298 University Avenue NE Fridley, MN 55432 A. Receivec�/6� (P/ease Print Cleady) � B. Date of Del'rvery X -��8 �,6----= D. Is dei'rvery address different fiom item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Seni ce Type ;6� Certified Mail ❑ E ress Maii ❑ Registered Retum Receipt for Merchandise ❑ Insured Maii ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (Copy lrom service /abel) 7000 1530 0002 4750 7364 PS Form 3811, July 1999 Domestic Return Receipt 102595-00-M-0952 66 � / MEMEORANDUM � FINANCE DEPARTMENT cmr oF Richard D. Pribyl FRIDLEY Finance Director To: William W. Burns, City Manager From: Richard D. Pribyl, Finance Director Debra A. Skogen, City Clerk Date: March 19, 2003 Re: Setting Public Hearing Date for MN Sean Co, d/b/a Sean's Grill & Pub, 8298 University Ave NE, Fridley, MN 55432 The Fridley City Code states that "Applications for the renewal of an existing license shall be made at least 60 days prior to the date of the expiration of the license and shall be made in such abbreviated form as the City Council may approve. As of the submission of this memo to the City Managers Office we have not received the following information required for renewal of the liquor license for the location as stated above and thus the renewal application is incomplete. • We have not received any form of proof of ineeting the minimum requirement for food. Fridley City Code Section 603.10.19 states that at the time of renewal, "the applicant shall submit proof to the City that a minimum of 40% of the gross sales, derived from the sale of food and intoxicating liquors of the establishment, for which the "on-sale" license is to be used, is in the serving of food," as required by Section 603.10.18. • We have not received a certificate of insurance for liquor liability showing coverage for the new license period. Fridley City Code Section 603.16, requires that the person licensed to sell at retail intoxicating liquor demonstrate proof of financial responsibility with regard to liability by providing the appropriate insurance policy as provided by this section. • We also have not received a Bond that runs to the City of Fridley as required by State Statutes. Fridley City Code Section 603.15 requires that each application for liquor license shall be accompanied by a surety bond in the amount of $3,000. We have reason to believe that the applicant will be unable to provide the city with the missing elements to the renewal application. Along with the information that I have stated above I am aware that both the police and fire department have concerns over some public safety issues that have occurred at Sean's over the past license period. Based upon this information, staff recommends a motion scheduling a public hearing for April 14, 2003 at 7:30 p.m. for the for the purpose and consideration of the renewal of the Intoxicating Liquor Licgnse for MN Sean Co., d/b/a Sean's Grill and Pub for the property located at 8298 University Ave. NE. �� 0 0 MAGILL ACCOUNTING, INC. '_! Cc�'�:R�� E�UE ��,L;Tc-i • Lt�PLEWOOD. LI� »lIa {+� ;; 'l+ .:``� r ♦L" �� .��,�,,�:��.i iLL. \V�L J�.L'��.J� � C.�:\ (GiL� ��. ��.i March 26, Z003 City of Fridley 6431 Universiry Avenue NE Fridiey, MN 55432 RE: Sean's Griile & Pub To Whom It May Concern: My analysis of the sales tax reports for 2002 for Sean's Grille & Pub shows the ratio of liquor to food sales is approximately 60% to 40%. Other general rate sales would inciude such items as cover charges and vending machine income. I have not audited these sales tax reports or the sales for the year 2002. If you have any fu�ther questions, please feel free to contact me at (651) 501-2050. B st r s Je r rth • • Fiiin� coniirmation �-I Ei�tIN�1S�TA- RFVENUE Filing confirmation PaQe 1 of i ��.>>��°. Ha�� n�racr K� �'Tl�� u�r�sara MN SEAN CO MN tax ID: 5911259 Tax period: Apr - Jun 2002 SEANS GRiLL & PUB Tax type: Sales and use tax To pay by ACH Credit: Instruct your bank to transfer the amount to the Department of Revenue by the Due Date to avoid penaity or interest charges. To pay by cfiecic: Niail your payment with the form provided to you by the Department. In order to assure that your payment is applied properfy, make sure to use the payment voucher that matches the period of this return. Confirmation number : 99992959203 3i11/2003 5:07:11 PM Filing summarK Gross Receipts Generaf rate sales Liquor sales Use-tax purchases Variable-rate purchases Total Tax �4,012 �51,796 Taxable �25,985 �25,811 $0 $0 Amount Due �4,012 6.50% 9.00% 6.50% varies To print or save, use your browser's print or save function. Don't use your browser "Back" button to go back. A �� airt AAert� � � [.nc� fJtt �, ;_ _ _ _: Tax �1,689 $2,323 $0 �0 SECURITY STATEMENT � PRIVACY STATEMENT 69 https://minnesota.eta..�ces.state.mn.us/�l�i O_SUT/ConfPayOther.asp 3/11/2003 0 Fiiin� contir.nation 0 ��tl�tl�I�SOTA• R��EI�UF �ii�ng co�firmation Pase 1 oi i _- :.T �_._ � ,. -.: r�.� �.. ,�.�. Hi�OdE C�NFRGi hF�.P L _�� srrirxFSara MN SEAN CO NIN tax ID: 5911259 Tax period: Jul - Sep 2002 SEANS GRILL 8 PUB Tax hjpe: Sales and use tax To pay by ACH Credit: Instruct your bank ±o transfer the amount to the Deparment of Revenue 5y the Due Date to avoid penalt�� or irterest charges. To pay by check: Nlail your payment with the form provided to you by the Department. In order to assure that your payment is appiied properfy, make sure to use the payment voucher that matches the period of this return. Confirmation number : 99992959224 3/11/2003 5:10:54 PM Filing summa_yr r: Gross Receipts General rate sales Liquor sales Use-tax purchases Variable-rate purchases Total Tax �8,507 �111,556 Taxable $61,323 $50,233 $0 $0 Amount Due $8,507 6.50% 9.00% 6.50% varies To print or save, use your browser's print or save function. Don't use your browser "Back" button to go back. Tax �3,986 �4,521 $0 $0 SECURITY STATEMENT � PRIVACY STATEMENT iittps://minnesota.etaxes.state.mn.usN1�T0_SUT/ConfPayOthOer.asp 3;11/2003 �ilins connrmarion � A�tINI�FSQTA• REV'ENUE _ Pa�e 1 oi _ j -- - ,::��:�� , ■ . ttoaa� cc�nra+�r��.,# Filing conr;rmation �� f' ,xtxxFSara MN SEAN CO 141N tax ID: 5911259 Tax period: Oct - Dec 2002 SEANS GR1LL & PU8 Tax type: Sales and use tax � To pay by ACH Credit: Instruct your bank to transfer the amount to the Depar,rrent of Rever,ue �y the Due Date to avoid penalty or interest charges. To pay by checic: Maii your payment with the foRn provided to you by the Departrrent. (n order to assure that your payment is applied prooeriy, make sure to use the payment voucher that matches the period of this return. Confirmation number : 99993006037 3I19/2003 10:58:51 PM Filing summary_ Gross Receipts General rate sales Liquor sales Use-tax purchases ' Variabie-rate purchases Totai Tax � 12,422 �162,180 Taxable $86,969 $75,211 �0 �0 Amount Due �12.422 6.50% 9.00% 6.50% varies To print or save, use your browser's print or save function. Don't use your browser "Back" button to go back. Tax �5,653 $6,769 $0 $0 SECURITY STATEMEM � PRIVACY STATEMENT https://minnesota.etaYes.state.mn.us/N1N0_SUT/ConfPayOth'r.asp 3i 19/20G3 Reczi�-ed from Fridle�� Resident �,?�%Q3 I visited Sean's Pub Iccated in Fridiey on March 13`h and 15'", 2003. On both dates I observed unusual and non-typical business practices occurring with the money handling. My purchases, as well as purchases made by other customers were not entered into the cash register system. The cash drawer was kept in the open position and the change from my payment was made from the open cash drawer. On both visits, employees of the operation did not enter any sale into the point of sale equipment by pressing the keys on the cash register. I did not observe any lighted display on the cash registers, which may mean that they are not turned on or that they do not function. During my visit on Thursday March 13th 2003, I attempted to place an order fo� food. I was informed that the kitchen was closed. I was provided a menu of the establishment's food selection. When I asked an employee about the hours of food service I was told that it depended on how busy they are and if there was a cook on hand to prepare the food. I inquired about lunch hours and on what day's food was served. I was told that the availability of food "really depends on a lot of things." On Saturday MarcF� 15`� 2003, I observed a grocrp of individuals leave the bar and walk around the partcing lot randomly pushing on vehicles in an attempt to activate the alarm system. While I did not witness any crime occumng, 1 do know that people attempting to burglarize a vehicle will check to see if the vehicle has an alarm system by pushing on it before breaking into it. Sincerely, 72 ,tiar.21• 2�03 o�OaPM MAG(LL ��DUNifY� � - �: � � Na•5�2� P. I/� ; 'FzD.t� Ttf� �OFr,: C�S' Or : 1�� `.z.��, .�, ��'��'1�'�'��C f�r�o� 1 �T ,r�1'�.�s� c� Fo�� ' z� rr�� y,� �PO�- J �� 5��.�- _ ��.�-.� o,�',�� G�s ��rc�.r�rr.r�r� !�'�s co v�'.� st��,�� 6 0 � �.�'Gl.�l�'N?''�'.t��,X �` '7�3 � S� � — �1.�b� .�7,A ,� E' SE'1YT.' 3 Z� 03 � �.� �".�,�1 U��'",r�.'�"�'.�1'�',�' �DU�'.� 1'��P�.��D.�, ,l'�.�.�� .� P.F�o�T�: �o�' �') •�'� .� 20�� A.x.� �6.. �".�� -�O ? 20.�'4 73 � � Mar•21. 2�03 6:O�P� �ACfL! �'�COUNiiNG l�s.AGILL ACCOUNTING, YNC SEAN'S GRILLE & PUB (An "S" Corporation) FINANCIAL STATEMENTS (COMPILED} DECEMBER 31, 2002 0 21 CENi'URY AYENUE SOLi�MAPLEWOOD, MN 55119 TEL. (G51)501-2050 FAX (651)SOi-2054 No•5025 P. 2!� � ��) z!• 2 i• �� Q 3 Q•'� � r' :�i �M e� u l � � r� � i. � � lU i l:� �i I� 0• 5'� 2� p• 3! ;i MAGXL�, ACCOUNTING, INC. 2I Cc.�1TURY AV��iliE SOliTH •�iAPLEWOOD, MN 55119 �L. (o�z} Soz-?c�o • F� (651) Sa�-ZO54 To the Board or Directors Sean's Grille & Pub v�1e have compiled the accompanyjng balance sheet of Sean's Gri(le & Pub (an "S" Corporation) as of December 31, 2002, and the related statements of income for the inception e` May 3, 20Q2 to December 31, 2002 in accordance with the Statements on Standards for Accounting and Review Services issued by the Amerfcan Institute of Certified Public Accountants. � A compflation is limited to presenting (n the form of financtal statements that is the representation of management. We have not audited or reviewed the accompanying financial statements and, accardingly, we do not express an opinion or any other form of assurance on them. Management has elected to omit substantially all of the disclosures ar�d statement of cash flaws required by generally accepted accounting principles. If the omitted disclosures and statement of cash flows were included in the fi�ancial statements, they might influence the user`s conclusions a6out the company's financial position, results of operations, and cash flows. Accordingly, these finandal statements are not designed for those who are not informed about such matters. . � 1 MAG ACCOUNTING, INC Maplewood, MN March 27, 2003 75 Mar.?7• ?��3 6��'r�{ �H,��i�_ a��UNTfYG Seans Grille & Pub Balance Sheet December 3�, 2002 ASSETS Current AsseLs CheckinglSavings Cash on Hand TCF 1 TCF 2 ATM Wsits Fargo 1 Total Checking/Savings Other Current Aasets Inventory Totai Othsr Curts�t Assets Total Current Assots Fixed Assets Equipment and Fxtures Leasehold lmprovements Less - Accumulated Dspreciation 7otai Ffxed Asssts Other Asseb Goodwll! Non-Compete Lsss - Accumulated Amo�tlzation Total Other Assets TOTAL ASSETS LIABIUTIES b E�lUIIY Liabi(ities Current Llab(Iltles Accounts Payablo Accounts Payable Totat Accounts Payable Other Current Uabilitfes Advertising Payable Payroll Liablllttes Sates Tax Payable _ Total Other Current Liabilities � Total Current Liabllltles Long Term Llabllltles ' Note Payabla Shareholder Loans Tota! Long Term Llabllltias 7otal LiabiliUes Equity Capltal Stock Net Income Total Equity TOTAL LIABILITtES 8 EQUITY Sae Accou'C ' Raport IV Dec 31, 02 2,350.00 16,315,05 33.05 649.41 19,347.51 18,229. 00 18,229.00 37,576.51 110014.94 27.252.3�4 (22,440.00) 114827.28 150000.OQ 50,000.00 (8,889.00) 191111.00 343514.79 31,928.94 31,928.94 8,300.00 13,639.10 24,941.00 46,880.10 78,809.04 171371.96 1387Q3.03 310074.99 388884.03 4,000.00 (49,369.24) (45,369 24) 3d3514.79 No • �025 P • d�'� Mar�•2i• 2003� 6�O�P;�N � �+�,aGf��_�_ a�C�UNri,VG Seans Griile 8 Pub Statement of Income For The Inception of May 3, 2002 to Oecember 31, 2002 Ordinary Income/Expense In come Sales Total income Cost of Goods Sold Cost of Goods Sold Inventory (increase) Decre... Total COGS Gross Proflt Expense Advertisinfl Amortlzation Expv�so Bank Servico Charges Deprec;eUon Dcpense Equlpment Ran41 Insurance Laundry Llcenses and Pertr�its Miacellaneous Muslc and Entena(nment Office Supplias Payroil Expenses Pro%ssional Fees Rent Repeirs and Malntenance Sanitation Storage Taxes Telephone Utilities Total Expense Net Ordlnary Income Other lncome/E�tpenae Other Income Salea - Pulltab Rental Total Other Income Other Expense Interest Paid 7ota1 Other Expense Net Other (ncome Net Income See Accoun4nts' RsPort 77 Jan • Oec ... 328,882.98 328,882.98 154,390 95 (13,229.00) 136,161.95 i 92, 721. 03 45,735.20 8,889.00 989.21 22,440.OQ 451.74 12,725.28 1,116.00 5,970 00 1,317.05 1,550.00 695.64 48,128.22 295 00 64,998.20 2,581.69 2,484.08 840.00 6,101.96 1,556_88 15,299.18 244,168.31 (51,447.28) 10,250_QO 10,250.00 8.171.96 8,171.96 2,078.04 (49,369.24) li�•vOZ� F• J�J - _ C� 1 [ �F FRIDL'�.Y FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 •(763) 571-3450 • FAX (763) 571-1287 March 31, 2003 CERTIFIED MAIL Sean B. Tierney 2830 Noel Drive Little Canada, MN 55127 Dear Mr. Tierney, Please be aware we are in receipt of the information that you delivered to the City Clerks office on Wednesday March 26, 2003 that pertains to the renewal of your liquor license. After a review of the materials you provided, we found that you have complied with the following requirements: • Surety Bond • Liability Insurance After reviewing the information that you provided in relation to your food to liquor sales, I am informing you that the information that you have supplied does not comply with the requirement outlined within Chapter 603 of the City Code. The code requires that `the applicant shall file with the City Clerk a statement made by a certified public accountant that shows the total gross sales and the total food sales of the restaurant for the twelve (12) month period immediately preceding the date for filing renewal applications." I have been in contact with Jeffrey P. Bearth, the accountant that supplied your statement to us. Mr; Bearth is not a CPA and is not attesting to the accuracy of the numbers or percentages. I asked him to provide me with an income statement that would outline the details of your sales. He did provide one to me via the fax, but this statement does not provide the line item detail such as food sales, liquor sales, and other. Please understand that this information has been requested and complied with by all of our other license holders, and failure to send the requested information may result in denial of the liquor license. Due to the late submission of your renewal package a public hearing on the renewal of your license has been scheduled for April 14, 2003. Sincerely, C Y OF FR EY �,Jr^-'�,]/. Richard D. ibyl, Finance Director : 0 D SENDER: w � Complete items 1 and/or 2 for additio�a� services, y Complete items 3, 4a, and 4b. � ❑ Print your name and address on the reverse of this form so that we can return this � card to you. d ❑ Attach this form to the front of the mailpiece, or on the back if space does not y pertnit. � ❑ Write 'Retum Receipt Requested' on the maiipiece below the article num � ❑ The Retum Receipt will show to whom the article was delivered and � T O delivered. �ilo�•��—� � 3. Article Addressed to: � 4a.r~ ide IVj a Sean B. Tierney 0 2830 Noel �J. � 1 � f b. ervic�,7 Little Canada, MN 55I27 ' � � W �� sM ¢ � . ` rn RecE a 7. t f D � � 5. Received By: (print NameJ � - S 8. A ^ ee�` Q _• �i�„ 1 G „ rAa ;� ,:a� � SENDER: N ❑ Complete items 1 and/or 2 for additional services. y Complete items 3, 4a, and 4b. � ❑ Print your name and address on the reverse ot this form so that we can return this � card to you. ` o Anach this tortn to the front of the mailpiece, or on the back if space does not d pertnit. � ❑ Wnte 'Retum Receipt Requested' on the mailpiece below the article number. � 0 The Retum Receipt will show to whom the article was delivered and the date O delivered. � 3. Articie Addressed o: 4a. Article Nun ESean B. T erney � i aiso wish to receive the foilow- ing senrices (for an extra fee): 1 � � Addressee's Address 2• ❑ Restricted Delivery --..•••••.•.. � ��wu� nec:e�pT I also wish to receive the follow- ing services (for an extra fee): � • O Addressee's Address 2• O Restricted Delivery � Sean' s Gr le & Pub 4b. Service Type - � 8298 University Ave NE � Registered ertitied Fridley, MN 55432 � E�xess Mail Olnsured p Q�f�etum Receipt for Merchandise ❑ CpD G 7. Date of Delivery x ��•C7 5. Re ived By: (PrinHd me) 8. Addressee's Address l@B IS p21d� 0 6. Signature Addressee orAgentJ � N PS Form 3811, December 1994 io2sss-es-e-o22s I l2QUBStBd 3/Id • • • • •- •- �� • LZTSS .i�II�I Yspsus�NaT6+�z�•�•is%4�� -`� . --------------------------- °o �u�� o --------- a��zQ TaoN Q�� •ory xoB Od �• 0 1dy yauJS � � •---..__.._.----------°-- --�----^------------------°--------°�-----° uJS O ----------------- �iau.zazz ' $ IIEBS E.,, ..... ol lueg � E + W 'ag Ln � seej g a8e+cod Ieiel � W >1 O Ne,�nbed wewas�oP� O �� tiatiiaa ae�w�a o � o (pe��nbey iuewesropu� O 3d O areH eaj 3d�s�ay wnlay �� O �e�sod (U eej pei}�Nep '� -�.1 � U9 �J g eBe3sod p Ln � � W.� ��` � � 0 .�d `�� ,� a":� 6 ,ii "� f1J � tt7 �-' O� m � > m N a d � d � � � m � a c w � � � a°� Y C W L H ti U > N O. c01i m � c � ¢ � c � � � 0 � � 0 � Y C W L H � 0 0 •�liR.L' . . . .. " . . _ _ '::�R�...s ''�.;t7r. SUPPLEMENTARY IiYVESTIGATION REPORT Case No. 03-2492� FRIDLEY, �iti POLICE DEPARTMENT OFFE�SE CO�iPL.-�I�.a��T' .�DDRESS I�Z'ESTIGATI�G OFFICER Ordinance �'ioiation City of FridIey Salo D:�TE 4/1/03 Supervisor's Approval Processed By ADDtTtOfYAL DET.�iLS OF OFFE`Se. ?ROGfLESS dF fvti'�ST'GATIONS, ETC. On 3r22: 0., at approximately 2li0 hours, O�cer poane and myself went to Sean's Pub at 8298 L'niversiry Avenue in Fcidley to conduct surveillance on alleged drug acriviry occurring within the establishment. It should be noted that we also had Fridley CSO Zuelkr and her assist us with this detail. Once inside the business, i noticed that aI14 cash registers were srill propped open with saltshaken. T�ie registers were dark and appeared to have no e(ecu�ical power to chem We remained at Sean's Pub for appro.eimately 2 hours (2200 hours — 0000 hours) and observed the following: • The "VIP" coom had a(arge amount of traffic moving in and out of it. • There was 4 inch wzde yellow tape separating the VIP room from the general paQOns of the ciub. • There was a bouncer positioned at the entrance of the VIP room and w•ouId only allow certain guesu in. • I was denied encrv into the room • was allowed into the VIP room and observed no ilIegal activin�. • �obody inside the business was observed ordering or consuming any n,pe of food. - a„ . ORIGINAL 0 1 r\ � / ��% U� PATROL PIIvK [NVES'ilGATION �O SUPPLE�IE�iTARY Iti'VESTIGATIOY REPORT Case No. 03-2�3925 FRIDLEY, NIN POLICE DEPARTMENT OFcE�SE prdinance `'iolation CO�[PLaIti.��T Ciry of Fridley �DDR.�SS i`�"ESTIG�TItiG Salo OFFICER � D.aTE .�,�1;03 Supervisor's Approval Processed By ADDITIO?v �L DE'.�[LS OF OFFENSE, PROGRESS OF I�'ESTIGATIONS. ETC. � On 3: 29� 03. at approximately 2200 hours, O�cer poane and I went to Sean's Pub 8293 Universiry Avenue in Fridley to conducc sur��eillance on alleged drug activiry and a"thong" contest that may be in violation of our ciry ordinance. On arrival, I nociced that a114 cash registers were propped opea with saluhaken and there was no power to any register. I was able to gain access to the VIP room where I noriced approximately 8 to 10 females inside. I stayed inside the small room for approsimately 10 minutes and did not observe any illegal drug vse. It should be noted that I attempted to enter the VIP room later and was con5ronted by a bouncer who denied me access. At midnight I heard the DJ announce a"thong" contest would be takiag place on the dance floor and the winner would receive 31 �0 in cash. There were six females who entered the contest and I observed all the females pull down their outer clothing exposing their "thong" uaderwear. At no time did the females expose their genitalia. It should be noted that the femaIes were placed on an elevated p(atform for che contest so other patrons could clearly see the contest. During our time at Sean's Pub (2200-0030) I did not observe anyone orderin� or consuming food. . ' 0 � ORIGINAL PATROL P[NK INVESTIGATION 81 - a. . ♦ � Fridley Police Department .; Memorandum �� To: Rick Pribyl �, ��`�� i From: Dave Sallman ' � �° ' Date: Aprii 3, 2003 Re: Sean's I am writing this in preparation for the public hearing set for April 14'h, 2003 to consider renewal of the Liquor License for Sean's Grille and Pub. Attached is a memo from Fire Marshall Ralph Messer noting some issues the most notable being the use of an unvented, propane fueled heater to heat the lower level of the establishment. There are a number of public safety related issues concerning Sean's. The police department began monitoring activity at Sean's in 2002 when we received an anonymous complaint. The complainant informed us that Sean's was not using the cash register to ring up any of the drinks purchased. We were able to substantiate this on several occasions both with plainclothes police officers and private citizens that observed the cash registers were open at all times and sales were not recorded on them. The subject also informed us that Sean's was open on Christmas Eve and Christmas Day in violation of City Ordinance. We have no proof to substantiate or negate that claim. The subject fu�ther stated that Sean's was selling alcohol to underage persons. On January 22"d, 2003 Fridley Police had an underage person attempt to purchase an alcoholic beverage from Sean's without identification. She was successful in doing so. The server was charged with the violation of State law. Another issue concerning Sean's is that City 603.20 states in part that "No person shall work as a manager of a premises licensed under this Chapter, and no licensee shall permit any such person to be so employed, unless such person, within seven (7) days after first being so employed, shall apply for a license to � engage in such business". In a signed statement by owner Sean Tierney dated October 24th, 2002, he repeatedly refers to Sean McAlister as a" manager" and - "his manage�". There are additional police reports on investigations into assaults where Sean McAlister paid employees, was referred to as one of the owners and as a manager. We have received no application for Sean McAlister either as an owner or for a managerial license. : One issue that has been of concern is the number of assaults and disorde�ly conduct calis to Sean's. Sean's has had more reports of assaults occurring at the estabiishment than any licensed establishment in Fridley. It is nowhere near the largest or the busiest estab�ishment in Fridley. The number of reported assaults is 7, which by itself is not an overwhelming number, but we have information that management is discouraging calling police. None of the reported assaults were the result of a call from the management of Sean's. Following an assault on August 17th, 2002 that was not reported to us until August 27`h, 2Q02, I verbally told Sean Tierney that it was necessary to contact us any time there was a crime that required investigation such as an assault. On February 23�d, 2003 there was an assault that was reported by the father of the victim. The report mentioned that victim had some contact with someone who identified himself as the owner. I sent a letter (attached, dated February 27�', 2003) that informed Sean Tierney in writing of their responsibility to contact the police if there were a crime of which they were aware or witnessed that would require police investigation. Shortly after the letter was sent, Sean Tierney and Sean McAlister came to my o�ce to discuss the letter. I reiterated their responsibility to contact the police immediately on all situations that would require investigation by the police. I told them if there was someone that was loud and disorderly we did not care if they esco�ted the subject out, but if there was an assault, we needed to be called immediately. On March 15�', 2003 Sean McAlister was reported to have head butted a DJ over a pay dispute (Sean McAlister claimed that he had paid the subject) and then head butted one of the security personnel that tried to intervene. One of the victims ended up going to the hospital with the case being investigated as felony assault. The victim notified police after closing and after he left the establishment. The management never reported the assaults. When asked why they did not report the incident management stated that I told them they did not need to report "minor scuffles". This was clearly not a minor scuffle. The point being that the management, in spite of repeated warnings, refuses to cooperate with the police department on any of the investigations into obvious crimes at the establishment. It is possible that other licensed establishments do not call on every assault also, but it is reasonable to assume that if the assaults were occurring at the other establishments, we would be getting reports after the fact as we have at Sean's. Sean Tierney has expressed a concern to me that he is worried about reporting the incidents because it will be used against him when it comes time for licensing. It is very likely that the number of assaults at Sean's has been vastly under reported. I have informed him (and a number of other licensees) that the intent is to have an environment that does not foster assaultive behavior. Clearly Sean's has not achieved that goal. City Code 603.10 (subd. 2) states "Licensees shall be responsible for the conduct of their place of business and the conditions of sobriety and order in the place of business and on the premises". Sean's has not only failed to follow this Condition of License, there is a strong indication that the licensee has intentionally violated it. : 0 0 Officers and others have noted on numerous occasions that the cash registers are not used. "Beer bins" are used where the attendant simply makes change and pockets the money. There is no cash register or recorded transaction. Officers and others have reported that food service is very seldom observed and that at times they have been told that they cannot order food when they have tried. There have been a number of violations noted concerning this establishment. It is obvious that the licensee is either unwilling or incapable of operating a licensed establishment in accordance with City Code 603. Several of the violations such as the open flame heater and repeated assaults without repo�ting fall into the category of blatant. There have been other issues such as a dnag overdose and cash payroll (no records) to employees that are in need of further investigation. It is my strong recommendation that the City Council not renew this license. We will be available to discuss these issues at the public hearing scheduled for April 14, 2003. • � \ �J ✓ \ I 1\. ` � ,♦ V � February 2', 2003 Sean Tiernev Sean's 8?98 Uni��ersitv Ave. v'E Fridley, l�t�i »43? Dear Mr. Tierney, Attached is a police report from Feb. 23�d, 2003 at about 1 A1�1 of an assault that is alleged to have occurred in the rest room at Sean's. My concern is that there is a comment in the report that "a male...identified himself as the o�vner and told him that he saw what happened and the male was removed from the bar for fightin�". I appreciate that this w�as the report of the victim and, althou�h I don't know why he would make that up, may not be an accurate statement. Clearly, if you or one of the employees witnessed a crime, you have a responsibility to call the police, not have the suspect leave the location. I have notified you verbally before that you are to call the police any time that there is a crime where an investigation needs to occur. An assault is a crime that requires an investi�ation. This letter is to notify you that if further crimes such as assaults, sexual assaults, damage to property, theft, etc. occur and we (police) become awaze that at a later date that you had information on the crime and did not contact us immediately, it will reflect on your licensing status. If the attached crime did occur as reported, it is necessary for immediate response in order to obtain suspect and witness information. As I have noticed previously, it is not necessary to contact us every time you escort someone from the location. But if that person has committed a serious crime such as an assault, we need to hear about it immediately. Please feel free to contact me if you have any questions relative to this issue. Sincerely, David H. Sallman-Public Safety Director City of Fridley Copy to: City Clerk : 0 0 CITY OF FRIDLEY FIRE DEPARTI�TENT FIRE �LaRSHAL'S OFFICE .IIE:i�tOR� �YD C'�tiI To: Dave Sallman From: Ralph �tesser Subject: Sean's Grille and Pub Date: �pril 2, 2003 This memorandum is in response to your request concerning possible fire code issues at Sean's Grille and Pub located at 8298 University Avenue, N.E. On �Ionday, �larch 3, 2003, I received a complaint from your office alleging the use of a propane fueled Coleman heater inside the basement at Sean's on Saturday, March l. Buildin� Official Ron Julkowski and I went to Sean's to investiQate the complaint. One of the owners admitted the use of an unvented, propane-fueled heater and 20 lb. propane fuel cylinder inside the business alle�edly to heat the basement entry area on the �vest side of buildin� as described in the complaint you received. The heater and fuel cylinder had been removed prior to i�Ir. Julkowski and I arrivin� at Sean's and placed in a vehicle. In addition to the fire concems with the heater and propane cylinder, the heater �vas unvented to the buildin� exterior. This potentially dangerous situation allow�ed products of carbon fuel combustion includinj poisonous carbon monoxide to be released into an occupied business. The ow�ner was advised that Minnesota Uniform Fire Code 1103.3.2.6 prohibits the operation of fueled heating equipment inside an occupied buildin� and further use of any unvented fueled equipment inside would not be tolerated. Durin� the complaint inspection and resultin� investi?ation, a number of other deficiencies were noted and a Correction Order was issued including: • Removal of all extension cords used as permanent wiring • Repair of electrical light switches and electrical outlets • Replacement of all damaged or missing ceiling tile • Closin� open circuit breaker slots in electrical distribution panels • Removal of or establishing orderly storage of combustible materials • Repair of interior doors to close and operate properly (in a one hour rated wall) • Removal of snow obstructing the exit discharge from the exit door located at the west end of the deck • Replacement of exit door hardware on the west end of the basement to the parking lot • Restrictin� parking on the lot side of the west exit door to prevent obstruction of the exit discharge • Fire stoppin� utility chases through the floor • Removin� materials obstructing access to utilities and the buildin�'s fire sprinkler system • Replacement of the suspended ceilin� above the lower level dance floor (allegedly removed by a band hired to perform at Sean's) • Alteration of the sprinkler system above the lo�ver level dance floor if required by replacement of the suspended ceilin� • Removal of decorative lighting from sprinkler system piping 86 • Installation of an additional esit/emer;ency light unit at the bottom of e�ess stairs on the east end of the lower level As oP March 26, a number of these conditions had been corrected. Another follo�v up inspection will be conducted un Apri1 10, 2�03. Please contact me if ��ou require additional infortnation. : � � GTY OF PRIDLEY TO: FROM: DATE: AGENDA ITEM CITY COUNCIL MEETING OF APRIL 14, 2003 William W. Burns, Gity Manager l� � Jon Haukaas, Public Works Director April 11, 2003 SUBJECT: Street Improvement Project No. ST. 2003-1 P�V03-0�4 The attached resolution approves the final plans and specifications and authorizes the advertisement of bids for the Marian Hills Neighborhood Street Improvement Project No. ST. 2003 - 1. Recommend the City Council adopt the attached resolution to proceed with the project and to expedite the construction process. LO/JHH:cz Attachment � .. � , , RESOLUTION NO. - 2003 RESOLUTION RECEIVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEP�NT FOR BIDS: MARIAN HILLS NEIGHBORHOOD STREET IMPROVEMENT PROJECT NO. ST. 2003 - 1 WHEREAS, Resolution No. 41 - 2002 ordered the preliminary plans, specifications and estimates of the costs thereof for the improvements in this project, and WHEREAS, Resolution No. 11 - 2003 received the preliminary engineering report and set a public hearing for the improvements in this project, � and WHEREAS, a public hearing was held on March 3, 2003 regarding this project, and � WHEREAS, Resolution No. 17 - 2003 ordered final plans and estimates of • costs for this project. NOW, THEREFORE, BE IT RESOLVED THAT, the City Council of the City of Fridley, Anoka County, Minnesota, as follows: l. That the following improvements proposed by Council Resolution No. 41 - 2003 are hereby ordered to be effected and completed as soon as reasonably possible, to-wit: Street improvements including grading, stabilized base, hot-mix bituminous mat, concrete curb and gutter, necessary repairs to the storm sewer, water and sanitary sewer services, landseaping, and other facilities located as follows: 52nd Avenue: Taylor Street to Buchanan Street 53rd Avenue: Fillmore Street to Fillmore Street north r Buchanan Street: 53rd Avenue to south city border • Fillmore Street; 53rd Avenue south to cul-de-sac Lincoln Street: 53rd Avenue south to Buchanan Street � Pierce Street; 53rd Avenue to cul-de-sac Skywood Lane: Matterhorn Drive through cul-de-sac west of Fillmore Street • Skywood Court: Skywood Lane to cul-de-sac a That the work involved in said improvements as listed above shall hereafter be designed as: MARIAN HILLS NEIGHBORHOOD STREET IMPROVEMENT PROJECT NO. ST. 2003 - 1 2. The plans and specifications prepared by the Public Works Department for such improvements and each of them pursuant to the Council resolutions heretofore adopted, a copy of which plans and specifications are hereto attached and made a part thereof, are hereby approved and shall be filed with City Clerk. . .� � � Mazch 28, 2003 City of Fridley Fridtey Municipal Center 6431 University Avenue N. E. Fridley, l�i 155432 To whom it may concern: I am, by my signature below, not in favor of the proposed realignment of �2"d and Taylo: Street intersection that is proposed by the city as stated in a letter from the Director of Public Works, Jon Haukaas, (Ref. PW03-019) dated Mazch 26, 2003. Date Name Addreas Phone # Conrnrents :��`� ��;�n ��n�,t� i3�� 52 �e� �rs�-r- �� t ��'-s c ' � 1 7G 3-�57� �� j�� f-le c�� s)3�C� -S�l�%��ti �j3�� ,i �„ �� 7�3-57� � S�? �- �' �' �� r`,K=�G�� I ��D - �a <�c,�� l � � �%�� /�i�/�y i��o�� 3 s�. �3%�� s - �. _',. � —� , � �,5 �•� r _ , ! -�'� �; �" � � �" `� � V' � �! �.i ��.'�" �. C ;r �., :? ✓`' S �. � �S' �1 � �1 �' � S � � _: 3 � � �3-- a `� �, -� �� / 133� � a �"��1� .s"��-��3�� L� ��„� (��'.n 3 S ,� ,.� 7�3 � � a� � s3 3��7 � r 1�2 h Q. �nmr►� a,-c I 3 � 7-So� K c% %� �'P, N. 63) s� � s� 3�/ � � fi�st��c� ��, / U3 �C�i �e� � � � 1 ��S -��.� �tre /l.� 7�- 571- ��a``.� `� s��.,�� I�e ��`", �D� � J� 13��"� l �2� �� '3 —�� 9�2,5 �� os.�� ho� �'ii �P� , �2 e �- ��/rr J wb I� '�.- s 4- 0 �� l�t:� S�� f�;e, � �� a5 � , March 28, 2003 Gity of Fridley Fridley Municipal Center b431 University Avenue N. E. Fridley, M�T 554;2 To whom it may concern: . � �� I am, by my signature below, not in favor ofthe proposed realignment of �2°d and Taylor Street intersection that is proposed by the city as sta.ted in a letter from the Director of Pubtic Works, Jon Haukaas, (Ref. PW03-019) dated Mazch 26, 2043. Date Name 3)3�1a� ��Q�� M��L� �TZ � -3, -�`3 JR,..,Es `os rn�,Ey�-vL- 3-3��03 � �rr � '�os��, e��tr �r-c� ��-� � �; �,�� 3-31�a ,�iL G L EA!✓C`y ;� A��s Phone # Comments �3i� S��' �v� 1•.i � �63 T�� (hvc.i� SP��.� A�R�'Ap�' !; �4� Gaat� � �� w�� NcR�� N� S��o ��SS" �f�yLO2 s % I�Io3 � 5'71-��i�- 51�SS�'��o+rS l -1�3 `� S'`l 1�-1 b 2 Z 5�.a�. �a �o�� - 7� �Y� ll�� tR �� o� , 7�7�_�� i�Iyo-sa.vd�lv� �J_� y�3 s3d- �1�9 /��0�'2��i%� �� _ ,�7i-�io�f � o ►._�- \� k ��.e 1o%k C` �'�h� t`e(7�SOti�O�" i�: Uo rr� � k � r1L � �� — � �� - � � �`� 'r.c�'� � 3 �� 1 �� March 28, 2003 City of Fridley Fridley Municipal Center 6431 University Avenue N. E. Fridley, MN 5�432 To whom it may concern: I am, by my signature below, not in favor of the proposed realignment of �2"d and Taylor Street intersection that is proposed by the city as stated in a letter from the Director of Public Works, Jon Haukaas, (Ref. PW03-019) dated March 26, 2003. Date Name Address Phone # Comments ��903 ti S'Z� �i�� 7G3 s�z o� i3�r� ��I ��. ��3 � � / ; ,,v �S'z .�� 2 �3 �'7/�iD> Ta A A ��J . � ' � � �"l� ' '�1. �'' %,C `�(� � c _; � y lr� li � 'J� � ,�1�rC�� w L J � ,' 74 ' `( �O.V L. Li -�. ( / ' �- ✓ ��c". �'�' _`-'' ci,� Jz`L l3/ :.Lt�s �L'.�sz� -��'�' �� S t 763-s7r-��v — .,.. � � j �� W3 -S ?z / l � �� i 3 s /cc ��! � ° - � � .�� ' ` - / c�,� - � s z�� %� ��3 _s�� C-�� ..� � , , �-- �� - �� Resolution No. - 2003 Page 2 The Director of Public Works shall accordingly prepare and cause to be inserted in the official newspaper advertisements for bids upon the making of such improvemen�s under such approved plans and specifications. The advertisement shall be published for three (3) weeks (at least 21 days), and shall specify the work to be done and will state the bids will be opened and considered in the Council Chambers of the Fridley Municipal Center and that no bids will be considered unless sealed and filed with the Public Works Director and accompanied by a cash deposit, bid bond, or certified check payable to the City for five percent (Sa) of the amount of such bid. That the advertisement for bids for MARIAN HILLS NEIGHBORHOOD STREET IMPROVEMENT PROJECT N0. ST.2003-1 shall be substantially in the standard form. , PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 22ND DAY OF APRIL 2003. ATTEST: DEBRA A. SKOGEN - CITY CLERK SCOTT J. LUND - MAYOR • � � � � AGENDA ITEM cmroF CITY COUNCIL MEETING OF APRIL 14, 2003 FRIDLEY � INFORMAL STATUS REPORTS 91