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05/05/2003 - 4626� , : { r O�FICIAL CITY COUN�IL AGENDA ' CITY COUNCIL MEETING MAY 5, 2003 . a 3 ? � t � � : \ � . . .. .. ' �� .. • .. �, � f CffY OF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF MAY 5, 2003 8:30 p.m. - City Council Chambers Attendance Sheet ALFASF AR/NT NAMF, Aa�RFSS AN� /i�M NUMBFR YOU ARF /NiFRFST�D /N. r � x�,� y,,� � lS<�lryilulC � . c \ �4,3�� , �y�l/ » - / � �Y �6sA �jlf � t�r �� II�� . �l � . �� - � / �� :: , „//pi.-,Y ,i..:.40�+� �. ,,.�%/- ' „ ,...a ,////,,,,,, �. i//%%%/,...: ,,,i:�_ ,.o�� , , �: ' ��.✓:�' :oY� ''.. // . / , „,e:.,,;,, ,. .. .i , ,,,./, ,,: ;„ �� . � ,r� ,� - : �.' � � CITY COUNCIL MEETING OF MAY 5, 2003 CRY OF FRIDLEY The City of Fridley �vill 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, reliaion, national origin, seY, 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/572-3�34) PLEDGE OF ALLEGIANCE. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of April 14, 2003 OLD BUSINESS: 1. First Reading of an Ordinance Amending Fridley City Code, Chapter 901, Penalties (Tabled April 28, 2003) ...................................................................................... 1- 2 NEW BUSINESS: 2. Resolution Revoking Municipal State Aid Streets - .................................................................................................. 3 � � FRIDLEY CITY COUNCIL MEETING OF MAY 5, 2003 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED)• 3. Resolution Establishing Municipal State Aid Streets................................................................................................ 5 4. Claims .................................................................................................. 6 PAGE 2 5. Licenses .................................................................................................. 7 - 14 6. Estimates .................................................................................................. 15 ADOPTION OF AGENDA. OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes. I r � FRIDLEY CITY COUNCIL MEETING OF MAY 5, 2003 NEW BUSINESS: PAGE 3 7. Special Use Permit Request, SP #03-04, by Kurt Becker, for a Second Accessory Structure (Storage Shed/Shop), Generally Located at 124 Glen Creek Road (Ward 3) .................................................... 16 - 21 8. Variance Request, VAR #03-08, by Kurt Becker, to Reduce the Front Yard Setback on a Double Frontage Lot from 59 Feet to 9 Feet to Ailow the Construction of an Accessory Structure, Generally Located at 124 Glen C�eek Road (1Nard 3) .................................................................... 22 - 34 9. Informal Status Reports .............................................................................. 35 ADJOURN. � .r � - - FRIDLEY CITY COUNCIL MEETING OF MAY 5, 2003 QTY OF FRIDLEY T'he City of Fridley will not discriminate against or hazass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, mazital status, se�cual orientation or status with regard to pubiic 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 572-3�00 at least one week in advance. (TTD/572-3�34) PLEDGE OF ALLEGIANCE. �'_ ��.Z � � " "� �"t° S' { a ;� ✓ 1 C 7� % z 7L, APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 5. Licenses APPROVAL OF PROPOSED CONSENT AGE DA: APPROVAL OF MINUTES: /�� City Council Meeting of April 14, 2003 OLD BUSINESS: 1. First Reading of an Ordinance Amending Fridley City Code, Chapter 901, Penalties (Tabled April 28, 2003) ........................... 1- 2 NEW BUSINESS: 2. Resolution Revoking Municipal State Aid Streets .................. . ......... 3 - 4 �/ - �`� � 3. Resolution Establishing Municipal State Aid Streets.................................... . .... 5 �' ��. � 4. Claims [� 6. Estimates � 7-14 15 ADOPTION OF AGENDA. ��/��/� �� OPEN FORUM, VISITORS: Consideration of items not on Agenda —15 minutes. ,� 12� �� X�� ,�`°�� 4 � � � �' , ,�'� / NEW BUSINESS: I' 1 / W ./ 7. Special Use Permit Request, SP #03-04, by Kurt Becker, for a Second Accessory Structure (Storage Shed/Shop), Generally Located at 124 Glen Creek Road (Ward 3) ................................... 16 - 21 � (�-�� i � ��'' �'� U'�I �� y �'�� ;�`��i� �✓ � � FRIDLEY CITY COUNCIL MEETING OF MAY 5, 2003 PAGE 2 NEW BUSINESS (CONTINUED): 8. Variance Request, VAR #03-08, by Kurt Becker, to Reduce the Front Yard Setback on a Double Frontage Lot from 59 Feet to 9 Feet to Allow the Construction of an Accessory Structure, Generally Located at 124 Gien Creek Road (Ward 3) ......... 22 - 34 9. Informal Status Reports .................. 35 u> � �� ADJOURN. �� (2 � � ✓'/1 � � ��, � s: � : �� oF �.�'. . � . . . � � xx . 'I�IE MI1�U'TES OF THE ;�� FRIDLEY C�TY C4UN�IL ME�TING OF APRIL 14, 2�03 �: �4: � . • h .x � . . . . � . . .:t- .� , '� �. t s ' . . ' . :. s�d t .. 4.�y},�. . . � - � `a.� t, �� . ' � {�+. '�F � �i � � � a . . . � � �� z'°- � � . , r°:��. � . . ., � � A ^' �' • � M .B' . . •it.�.� /', f E �'r d'.":: ♦. • MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF APRIL 14, 2003 The Regular Meeting of the Fridley City Council was called to order by Mayor Lund at 7:02 p.m. PLEDGE OF ALLEGIANCE: Mayor Lund led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Lund, Councilmember Barnette, Councilmember Billings, Councilmember Wolfe and Councilmember Bolkcom. MEMBERS ABSENT: None. OTHERS PRESENT: William W. Burns, City Manager Scott Hickok, Community Development Director Richard Pribyl, Finance Director Jon Haukaas, Public Works Director Dave Sallman, Director of Public Safety Mary M. Smith, City Assessor Lynn Krachmer, City Appraiser Alan Kantrud, City Attorney BOARD OF REVIEW MEETING Ms. Smith, City Assessor, introduced Lynn Krachmer, City Appraiser, and Mary Boyle, Anoka County Residential Supervisor. She said the Board of Review was held in accordance with Minnesota Statutes, Section 274.01. The purpose of the Board of Review was to esta.blish an orderly and consistent appeals procedure for property owners who wanted to challenge the 2003 estimated market value or classification of their property. As the Board, the City Council had the ability to change values or classifications in accordance with State law. There were three possible courses of action the Board could take: affirm a current value, reduce the value based on evidence presented, or increase the value based on evidence presented. The second meeting was scheduled for Apri128, 2003, at 7:30 p.m. Ms. Smith said according to Minnesota State Statutes, the responsibilities of the Board of Review were to have a majority of the members in attendance and to see that all taxable property was properly valued and classified. If property was omitted from the tax roll, it could be added by the Board. The Board must only hear cases for the current assessment year. The Board could not give a class of property an increase or decrease; only individual property. The amount of reduction to individual properties could not exceed 1 percent of the city-wide aggregate assessment. If the Board found a case of under-valuation, it could raise the valuation of the FRIDLEY CITY COUNCIL MEETING OF APRIL 14, 2003 PAGE 2 property but must first notify the owner. The Board must complete and adjourn within 20 days from the time it convened. Ms. Smith said the procedures for the Fridley Board of Review were as follows: each property owner who appeared would complete a property appeal form and give to the assessin� staff. Each property owner could address the Board in order of registration. Written appeals would be read at the meeting. The Board could direct staff to reappraise any property and report back to the Board at a reconvened meeting. The Board compared the information presented by the assessor to the information presented by the property owner and would make a determination of - what was the actual fair market value of each property. Ms. Smith said that as of March 10, there were 331 sales that occuned in Fridley from January 1 to December 31, 2002. Of that number, 2�3 were for residential single-family homes, 56 for townhomes, 6 for double bungalows, and 16 for condominiums. With those sales came a drop in the City's sales ratio. County-wide increases of 6 percent to the base rate took place in the fall. Along with that increase, land values needed to be adjusted upwards. All properties experienced these increases, with a net increase from 5 to 25 percent in some areas of the City. The value increases ranged from $10,000 to over $30,000. These sales were broken down further by average sale price, average estimated market value, and average ratio as follows: a. Residential: The average sale price was $170,800; average estimated market value, $150,000; with an average ratio of 85 percent. b. Townhomes: The average sale price was $160,200, average; average estimated market value $103,200; with an average ratio of 66 percent. c. Double Bungalows: The average sale price was $215,600; the average estimated market value was $151,500; with an average ratio of 70.1 percent. d. Condominiums: The average sale price was $73,800; average estimated market value was $58,300; with an average ratio of 79.7 percent. Ms. Smith said that to date the Assessing department received ten calls regarding the 2003 estimated market value. One call was from a residential property, three from apartment owners, and six from commercial industrial property owtiers. They resolved the values of the three apartments and four of the six commercial industrial properties and letters were sent to the property owners stating the changes. It was also noted in the letter that the appeals process remained the same. She said the first case being presented this evening was that of a residential property owner. Upon hearing the case from both the Assessing Department and the homeowner, the Board would be asked to consider the matter. Mr. Krachmer, City Appraiser, stated that the owners in the first case were Michael and Janice Hylden at 5601 Matterhorn Drive N.E. The property was a residential homestead. The 2003 estimated market value of the land was $82,900 and the structure was $161,500, for a total of $244,400. He said the property owner had an appraisal done in October, 2002, for refinancing. The comparables used for the market approach in this appraisal were a townhouse and two properties with tuck-under garages, one of which was located in New Brighton. The resident's FRIDLEY CITY COUNCIL MEETING OF APRIL 14, 2003 PAGE 3 home was a split foyer with a double attached garage. The appraisal determined a market value of $19�,000. After making adjustments to the comparables for inferior and superior features, the appraiser arrived at a value of $239,000. He said it was the recommendation of the assessor that the 2003 estimated market value of this homestead be reduced to $239,000. Ms. Smith asked if the property owner was present. There was no response from the audience. Ms. Smith said the Board could confirm the value, increase the value or decrease the value. Councilmember Billings asked if this could be held until the end of the Board of Review session in case the homeowner came later. Ms. Smith stated the owner in Case 2 was Conway Central Express. The address was 51 - g 1 SL Avenue N.E. The property type was industrial and there were three buildings on the property: an office that was 9,220 square feet, a service garage that was 10,560 square feet, and a transit warehouse that was 48,900 square feet. She said it was built in 1986 and had a 2003 estimated market value of land at $1,281,000 and structures at $3,012,000, for a total of $4,293,000. A representative of this property, Brad A. Harrington, sent a letter dated April 10, 2003. The letter asked them to review the 2003 estimated market value. According to Mr. Harrington, information pertaining to the property would be forthcoming. She said they would present their findings at the continuation of the Board of Appeals meeting on Apri128, 2003. MOTION by Councilmember Barnette to receive the letter from Mr. Harrington dated April 10, 2003, and continue this matter until Apri128, 2003. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Smith stated that with respect to Case 3, a telephone call was received late this afternoon from Tom Morris, the owner of Kelly Inn, 5201 Central Avenue N.E. He fa�ced a letter shortly thereafter. She said she would work on this case and present her findings at the continuation of the Board of Review meeting on Apri128: MOTION by Councilmember Wolfe to receive the letter from Kelly Inn dated April 14, 2003. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Barnette to continue the Kelly Inn matter to the April 28, 2003, meeting. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF APRIL 14, 2003 PAGE 4 Mr. Jack Lehtinen stated he owned six acres of vacant land behind Sam's Club. He said the City demanded he put a building in. It was a unique property that had soil problems. He said they would need to dig down 45 feet deep at a cost of $600,000. He said the only way this would work was if the City gave him a ta.Y increment deal. He said the land essentially has no value. Mayor Lund asked him how long he owned the property. Mr. Lehtinen stated he has had it for one year. He got it on a foreclosure. Mayor Lund stated the only thing they were able to ascertain at this meeting was whether he was paying fair taxes. He asked Ms. Smith if she knew what the ta�ces were. Ms. Smith stated she did not have that information. Councilmember Bolkcom asked for the PIN number for the address. Mr. Lehtinen stated he looked for it but did not have it. Ms. Smith asked if he called Anoka County. Mr. Lehtinen said he did. Councilmember Bolkcom asked if he had worked with the City's Community Development Department. Mr. Lehtinen replied he had spoken with them. MOTION by Councilmember Barnette to continue this matter until April 28, 2003. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Dave Morrissette approached and stated he lived in Oakdale, Minnesota. He recently bought two fourplexes. One at 7673 East River Road and one at 106 — 77�' Way. He said he closed on April 3 and the assessed value was $324,600. He said he paid $300,000 for 7673 East River Road and $325,000 for the other property. Mayor Lund stated that he was saying the property he paid $300,000 for had an estimated value of $324,600 Mr. Morrissette replied it did. Mayor Lund asked what the value was for the other property. 0 FRIDLEY CITY COUNCIL MEETING OF APRIL 14, 2003 PAGE 5 Mr. Morrissette replied that it was the same. The buildings were identical. He said he was not sure how this worked. He knew the assessed value was supposed to be within 90 percent of sales, but to him it was a fairness issue about whether his property was assessed fairly with other properties. MOTION by Councilmember Barnette to continue 7673 East River Road and 106 — 77`�' Way until Apri128, 2003. UPON A VOICE VOTE, ALL VOTI�IG AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Billings asked whether Mr. Hylden had arrived. There was no response from the audience. MOTION by Councilmember Wolfe to continue 5601 Matterhorn Drive until April 28, 2003. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Barnette to continue the local Board of Review until April 28, 2003. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. CITY COUNCIL MEETING NEW BUSINESS: 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 iJNIVERSITY AVENUE N.E. (WARD 1). MOTION by Councilmember Wolfe to reconsider Variance Request #03-OS by Brian Bona. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Wolfe to table this request until April 28, 2003. Seconded by Councilmember Billings. FRIDLEY CITY COUNCIL MEETING OF APRIL 14, 2003 PAGE 6 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of March 24, 2003. Councilmember Bolkcom asked that a correction be made to Page 10, second to last paragraph, which should read "by approving" instead of "by approve." APPROVED. 2. FIRST READING OF AN ORDINANCE AMENDING THE FRIDLEY CITY CODE, CHAPTER 507, BATHING BEACHES. Dr. Burns stated the ordinance currently required lifeguards at bathing beaches. The proposed changes would eliminate the requirement for lifeguards and change all references from "bathing" beaches to "swimming" beaches. He said staff expected to save approximately $18,000 per year by not using lifeguards at Moore Lake beach. Staff recommended Council's approval of the first reading of this ordinance. THIS ITEM WAS MOVED FROM THE CONSENT AGENDA TO THE REGULAR AGENDA. 3. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF MARCH 19, 2003. RECEIVED. 4. APPROVAL OF DEVELOPMENT AGREEMENT BETWEEN THE CITY OF FRIDLEY AND MICHAEL JUAIRE FOR THE NORTON MANOR FIRST ADDITION (WARD 2). Dr. Burns, City Manager, stated the agreement identified improvements to be made in conjunction with the Juaire plat on Norton Avenue. There were also provisions for grading, street cleanup, permits, park dedication fee, drainage easements, and several others. It also listed 21 stipulations. Staff recommended Council's approval. APPROVED DEVELOPMENT AGREEMENT BETWEEN THE CITY OF FRIDLEY AND MICHAEL JUAIRE FOR THE NORTON MANOR FIRST ADDITION. ,. FRIDLEY CITY COUNCIL MEETING OF APRIL 14, 2003 PAGE 7 5. RESOLUTION NO. 18-2003 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, GENER�I,LY LOCATED AT ll�2 AND 1170 NORTON AVENUE N.E. (WARD 2). Dr. Burns, City Manager, stated the preliminary plat for Norton Manor First Addition was approved by the City Council on March 3. Staff recommended Council's approval of the final plat. ADOPTED RESOLUTION NO. 18-2003. 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). Dr. Burns, City Manager, stated since this variance applied to the property as a whole, it would also enable Totino-Grace to restripe existing parking at the 9-foot width. The additional parking was being created by Totino-Grace to satisfy neighborhood complaints about student vehicles on local streets. Additional parking would be built this summer. Staff recommended Council's approval 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 7:00 a.m. to 9:00 p.m. APPROVED VARIANCE REQUEST, VAR #03-07, BY PETE SARGENT, BELAIR EXCAVATING. 7. APPROVE CHANGE ORDER NO. 2 FOR THE CONSTRUCTION OF THE FRIDLEY MUNICIPAL GARAGE EXPANSION. Dr. Burns, City Manager, stated the change order was in the amount of $2,656.00. The biggest contributors to this change order included the relocation of the electrical service to the building and the addition of fire-treated blocking for mounting electrical and data collection boxes. The change order also reflected a$5,700.00 credit for the elimination of roof screening. Staff recommended Council's approval. :''.�]�/�i1� FRIDLEY CITY COUNCIL MEETING OF APRIL 14, 2003 PAGE 8 8. CLAIMS. AUTHORIZED PAYMENT OF CLAIM NOS. ll0673 THROUGH 111064. 9. LICENSES. APPROVED LICENSES AS SUBMITTED AND AS ON FILE. 10. ESTI�IATES. APPROVED THE FOLLOWING ESTI�TATES: CM Construction Company, Inc. 12215 Nicollet Avenue South Burnsville, MN 5533.7 Municipal Garage Expansion Project No. 343 Estimate No. 4 (February) $243,446.05 CM Construction Company, Inc. 12215 Nicollet Avenue South Burnsville, MN 55337 Municipal Garage Expansion Project No. 343 Estimate No. 4 (March) $104,854.35 No persons in the audience spoke regarding the proposed consent agenda items. APPROVAL OF PROPOSED CONSENT AGENDA: MOTION by Councilmember Bolkcom to approve the consent agenda items, with the removal of Item 2. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF AGENDA: Councilmember Billings asked that the order of Item Nos. 12 and 13 be switched. MOTION by Councilmember Bolkcom to adopt the agenda with the order of Item Nos. 12 and 13 being switched and Item No. 2 being added. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF APRIL 14, 2003 PAGE 9 OPEN FORUM, VISITORS: There �vas no response from the audience under this item of business. PUBLIC HEARING: 11. CONSIDERATION OF THE RENEWAL OF THE INTOXICATING LIQUOR LICENSE FOR MN SEAN CO., DB/A SEAN'S GRILL & PUB, GENERALLY LOCATED AT 8298 UNIVERSITY AVENUE N.E. (WARD 3). MOTION BY Councilmember Bolkcom to open the public hearing. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING OPElYED AT 7:58 P.M. Mr. Pribyl, Finance Director, stated this was a public hearing regarding the liquor license for Sean Co., d/b/a Sean's Grill & Pub, generally located at 8298 University Avenue N.E. He said the renewal application was mailed on January 24 of this year and the requested date of return was February 28. Staff sent out a supplemental letter on February 3 requesting additional accounting reports to support food and liquor sales by this establishment. On March 11 of this year, staff received an incomplete renewal application. They are missing the surety bond, liability insurance policy, and a letter from a CPA regarding the food-to-liquor ratio. Mr. Pribyl said that on March 31 of this year, staff received a surety bond as required and also the liability insurance policy for the next license period. The application, the CPA statement and the additional accounting material to support the food sales were missing. On March 31 staff sent another certified letter to the licensee requesting information. On one of the visits to City Hall by the owner, staff was told that Sean's might not be able to meet the minimum food percentage. There are a number of witnesses who have observed questionable money handling practices on site. These money handling practices have led the City to believe that the information received thus far is suspect as to accuracy. They have not satisfied minimum food sales requirements. They do not have a CPA statement or a detailed income statement by which they can actually verify a percentage. With respect to the application for renewal, it appeared there was a violation of a liquor ordinance regarding the lack of a managerial license. As of April 15, 2003, Sean McAllister had not applied for a managerial license but was acting in that capacity. In an affidavit dated October 24, 2003, owner Sean Tierney repeatedly referred to Sean McAllister as the Acting Manager. Mr. Pribyl said they also have some public safety concerns. On January 22, 2003, this establishment had a server who was charged with selling liquor to a minor. In accordance with both state law and city ardinance, the owner of the establishment was responsible for the conduct of their employees. On several occasions, the owner had been told by the Police Department to report all assaults that occur on their property, and it appeared that on several occasions they intentionally opted not to report some assaults. In spite of the establishment not reporting FRIDLEY CITY COUNCIL MEETING OF APRIL 14, 2003 PAGE 10 assaults, Sean's has had more assaults this licensing period than any other licensed establishment in the City. Mr. Pribyl said that on March 3, 2003, the licensee admitted to using an unvented heater during business hours. The Fire Marshall issued corrective orders on other possible fire code violations that were to be completed by April 11, 2003. Some of those violations are still outstanding. He said staff had two concerns. One was the inability to verify the minimum food requirement. They felt the owner was not maintaining the minimum level of food sales. Public safety was also . a concern. Sean's did not provide a safe environment for their customers. Councilmember Bolkcom asked about the handling of money. Mr. Pribyl replied that on a number of occasions police officers and others have witnessed that the cash drawers have been propped open and the cash registers were not powered. He said there was a concern about what actually was being recorded for sales with respect to both food and liquor. Councilmember Bolkcom asked Mr. Sallman about assaults that have occurred at Sean's. Mr. Sallman, Director of Public Safety, stated that no assaults have been reported by the management of Sean's. The assault reports were filed after the fact. This causes a problem for the Police Department because they cannot investigate the crime. He said he told Sean's verbally after one of the assaults in August, that they needed to call when there was an assault that needed an investigation. He received information about another assault that occurred in February and sent a letter to Sean's that specifically told them that if there was an assault, they needed to report it. He said he thought that shortly after he sent the letter there was another assault and they did not get a call. He said that even though they are about one-half the size than the next most active licensed establishment, they had more assaults. Mr. Sallman stated he did not know if there was electricity or not to the cash registers, but the police officer and other citizens observed that cash registers were never used. The police officers did not observe anyone eating food. On several occasions they were told the kitchen was not open. Councilmember Bolkcom stated they received a letter that was not signed that mentioned some of the issues. Mr. Sallman stated they know who wrote the letter, but the person chose to remain anonymous. Councilmember Bolkcom asked the Fire Marshal if he could elaborate on any fire code issues at Sean's. Mr. Messer, Fire Marshal, stated that on Monday, March 3, he received a complaint from Mr. Sallman about an unvented open flame propane heater being used in the basement to provide auxiliary heat to an area inside the west entry door from the parking lot into the building. This .. 0 FRIDLEY CITY COUNCIL MEETING OF APRIL 14, 2003 PAGE 11 was against the fire code. While investigating the complaint, they found a number of items that were in need of repair. He said a number of items have been repaired since their initial visit. Councilmember Bolkcom asked if they were given a date to make the corrections. Mr. Messer replied they had been given dates. The list has grown smaller, but not all the items have been completed. Councilmember Bolkcom asked if Sean's knew that the repairs needed to be made within a certain time. Mr. Messer said they knew. Dr. Burns, City Manager, asked for a list of the items that have not been corrected. Mr. Messer replied complete replacement of missing or damaged ceiling times, alter or modify the sprinkler system over the dance floor, replace wiring to lights over lower level pool tables with compliant electrical outlets, remove extension cords from the sound system and lighting over lower level dance floor, install "pull signs" on the west entry doors, install a lock box, and replace the west entrance door. Councilmember Bolkcom asked who he was working with the most. Mr. Messer replied the person's name was Jeff, and he believed he was the kitchen manager. Councilmember Bolkcom asked if they had sent a letter to the property owner with the needed corrections or if their contact was only through Jeff. Mr. Messer stated he was the person who usually received the notice. Apparently, he was in charge of arranging for most of the repairs and labor for the repair. Councilmember Bolkcom stated so he was not sure if the owner had received a notice. Mr. Messer replied he believed that the owner was awaze of the notices. Councilmember Bolkcom asked how he knew. Mr. Messer said it was his understanding that the gentleman was an agent for the owner as a manager. Mr. McAllister, Sean's Pub & Grille, said with respect to the calls, he thought they were talking about five calls. He said Sean's liquor license was due May l. He said they received a letter February 2 or 3 about renewing the license. They did not have the money in February to make the payments. He said they had hired what they thought was a CPA, but it turned out he was not. Since then they have brought their papers to a CPA. He stated that they only had 28 days to get everything taken care of. FRIDLEY CITY COUNCIL MEETING OF APRIL 14, 2003 PAGE 12 Councilmember Bolkcom asked if the practice was the same for all license renewals. She asked if they were generated in January, not February. Mr. Pribyl agreed. Councilmember Bolkcom asked NIr. McAllister when he went to the CPA. She said they had not received anything. Mr. McAllister stated he had the letter, balance sheets and income tax statements. MOTION by Councilmember Bolkcom to receive the letter and financial statement for MN Sean Co. from Terrence J. Magill, P.A., dated April 14, 2003. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Bolkcom said it basically stated that the food sales were 42.8 percent. She asked if they had cash registers that sales were not being rung up on, how they kept track of how much food and liquor was being sold. Mr. McAllister replied they had a POS system in the beginning but it would go down more often than it actually worked. They put in new cash registers but the bartenders would spill on them or destroy them. They had intentions of purchasing new registers before they started the process of renewing their liquor license. At this time, he said they were putting the money into the drawers. It had only been since the new year. Councilmember Bolkcom said that until the end of last year they were actually ringing up sales. Mr. McAllister replied, roughly, yes. It was outdated equipment and would break down or the whole register would freeze and would not open. Councilmember Bolkcom asked how they kept track. Mr. Tierney xeplied with food tickets. When someone ordered food, they wrote it on tickets. They kept all the tickets. Mr. McAllister stated that at the end of the night, the server would list the ticket numbers used, the total amounts, etc. Councilmember Bolkcom asked if it had been made clear to them last yeaz when they applied for their liquor license that the City was very strict about the food and liquor requirements. Mr. Tierney replied he totally understood. He said it was hard to run a business in Fridley when it came to the food sales. He said they met their 40 percent. They made some changes at Sean's and people could now see the kitchen. He said they took on the bar from the previous owner FRIDLEY CITY COUNCIL MEETING OF APRIL 14, 2003 PAGE 13 more or less "as is." There were a lot of violations and they started to take care of them as soon as possible. Councilmember Bolkcom asked if they called the Fire Department to do an inspection when they first took over the bar. Mr. McAllister stated they did an inspection on May 3, 2002. They took over the bar on May l, 2002. Councilmember Bolkcom asked if the original violations had been taken care. Mr. McAllister said they had. Councilmember Bolkcom stated the current violations were from the code. The code was not new. Mr. McAllister replied last year they had five or six violations. None of them were new. He said they felt they had a great working relationship with the Fire Department. He said if not already corrected the violations were close to being corrected. He stated they were down to 4 items as opposed to the origina126 or 27 items. He said none of the items were duplicated from last year. Councilmember Bolkcom asked when they would be completed and corrected. Mr. McAllister replied they should have the door the second or third week in May. Councilmember Bolkcom asked about the ceiling tiles. Mr. McAllister stated it was completed. Councilmember Bolkcom asked about the extension cords. Mr. Tierney stated it was completed. Councilmember Bolkcom asked about the sprinkler system. Mr. McAllister replied they would have to hire a pipe fitter. They got an estimate for $600. He said they did not have the money, but expected to have it the second week in May. Councilmember Bolkcom asked about the wiring of the lights. Mr. Tierney replied the wiring had been taken down and the new lights were being hardwired in. Councilmember Bolkcom asked about the lock boY. Mr. McAllister said it would take a week to ten days to take care of it. FRIDLEY CITY COUNCIL MEETING OF APRIL 14, 2003 PAGE 14 Councilmember Bolkcom asked Mr. McAllister if he had applied for a manager's license since he was referred to as the manager. Mr. Tierney stated Mr. McAllister stepped down from that position. He said there was a new manager. Mr. McAllister replied he did not intend to be a manager when they started. They had another person who backed out on them. He said he and Mr. Tierney were partners in rental property. He did not have any interest in Sean's at this point. He was involved in another restaurant that he was currently being bought out o£ He intended to take that money and invest it into Sean's. Councilmember Bolkcom asked if the new manager had a manager's license and what the person's name was. Mr. Tierney said her name was Bridget Westlund. Councilmember Barnette asked if they had a full-time cook. Mr. Tierney replied they were open from 11 to close and there was a cook there at all times. He said he thought they were off at 10 at night. He said the kitchen was open from 11 to 10 every day, and midnight on the weekend. Mr. McAllister stated they had three meetings with Mr. Sallman in his office. At those meetings Mr. Sallman gave them conflicting information. He said they would ask Mr. Sallman what they were supposed to call the police about and he told them if there was a scuffle and they saw blood, that was an assault. At the next meeting, Mr. Sallman he told them that it was any time they saw an assault. This was confusing to him and the security officers. They asked Mr. Sallman if there were any off-duty police officers they could hire and they were told that the City of Fridley did not do that. Mr. McAllister said two weeks ago on a Saturday night, an incident occurred at Sean's. There was a police car nearby with the lights off and the police officer watched two men get into a fight in the front of the building. He had incident reports as well as pictures of the police officer. He said the minute they started walking towards the police officer to ask for some help, he started the car, turned his lights on and drove off. Councilmember Bolkcom asked if he contacted the Police Department or Director of Public Safety after the incident with the police officer occurred. Mr. McAllister replied they felt that Mr. Sallman did not want to help them at all, so it did not make sense to ca1L Councilmember Bolkcom asked Mr. Sallman to explain what was needed. Mr. Sallman replied they have spoken on several occasions which is why he wrote the letter, because it was clear they did not understand what he had told them. In his letter he said, "I have FRIDLEY CITY COUNCIL MEETING OF APRIL 14, 2003 PAGE 15 notified you verbally before you are to call the police any time there is a crime where an investigation needs to occur. An assault is a crime which requires an investigation. 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 aware at a later date that you had information on the crime and did not contact us immediately, it will reflect on your licensing status." He sent the letter on February 27 and he spoke with them shortly after. On March 1� a felony assault occurred and they did not receive a call. He told them if there was any disorderly conduct or they just had to walk somebody out the door, they did not need to call. But if there was something that needed investigation, they needed to call. He said there were seven assaults at Sean's, and none of them were reported by the establishment. That was more than any other establishment in the City last year. They also received information from several victims that the manager encouraged them not to call the police. Mr. Sallman stated at no time did he tell them that if they did not see any blood, they did not have to call. He told them what was in the letter. This is not the first establishment that has had problems with assaults. He said they do not and have never allowed police officers to work in a liquor licensed establishment. It was an ethical issue. Mr. McAllister stated they had put Sean's up for sale. Councilmember Billings asked about their weekly operation. He said they indicated that the kitchen was open from 11 until 10, seven days a week. Mr. McAllister said it was. Councilmember Billings said that the bar was open from 11 to 1 and it sounded like there was an upstairs and downstairs bar. McAllister said the downstairs bar was only open on weekends. Councilmember Billings asked if the kitchen had been opened the whole time. Mr. McAllister replied that it was. Councilmember Billings asked how long the DJs had been there. Mr. McAllister replied since around the first week in July. Councilmember Billings stated looking at their financial statements and the reports that they filed with the Department of Revenue, it looked like they just figured out that they had to pay the sales taxes they collected. Mr. McAllister replied they had some serious problems in the beginning but have lived up to their obligations. FRIDLEY CITY COUNCIL MEETING OF APRIL 14, 2003 PAGE 16 Councilmember Billings stated that it looked like they did not file the sale tax reports until March, 2003. Mr. 1�1cAllister said he was correct. Councilmember Billings said that the income statement for music and entertainment from the period July through December was only $1,�50. Mr. McAllister stated it was listed under advertising. Councilmember Billings said $48,000 was listed for payroll eYpenses. Mr. McAllister replied it was for a 7-month period of time. He said $5.15 per hour was minimum wage. Councilmember Billings asked where the bouncer's wages were reflected. Mr. McAllister said they were paid on a cash basis and received 1099 forms at the end of the year. Councilmember Billings replied that the tax preparer indicated it was a compilation. He said a compilation was just what the word meant, compiling the information that was provided by the establishment. The preparer did not audit the books and did not review the books. He asked who give the tax preparer the numbers. Mr. McAllister said that he did. Counciimember Billings asked where the wages for the bouncers were. Mr. McAllister replied they paid the bouncers cash and at the end of the night they signed a piece of paper. The paper was put together for a 1099. The tax person took care of it. Mr. Tierney said they brought all the information that was requested. Mayor Lund asked Mr. McAllister if he had a business or bar he was trying to sell. Mr. McAllister stated he sold it. Mayor Lund asked if Mr. McAllister had past experience in running a bar. Mr. McAllister said it was in building a bar. In January, 2000, he had the idea to build a bar and found an investor. On November 1 l, 2001, he began the process of selling it after it had been open two months. Mayor Lund asked if he was paid a salary or any other benefits from Sean's. � FRIDLEY CITY COUNCIL MEETING OF APRIL 14, 2003 PAGE 17 Mr. McAllister replied, no sir, not today. Mayor Lund said he had been to their establishment three times. Two of the three times, he could not get food service. Mr. McAllister asked if there was construction going on at that time. It may have been closed because of the construction. Councilmember Bolkcom asked about the VIP room. Mr. McAllister replied the VIP room section was also a conference room. If a 10 to 15 people were going to have dinner and wanted some privacy they could use that room. There was a$300 liquor/food minimum order. MOTION by Councilmember Bolkcom to table this item until April 28, 2003. Seconded by Councilmember Wolfe. Councilmember Billings asked Mr. Pribyl to request the W-3 form that was filed with the Internal Revenue Service, the 1098 form that would have been submitted to the Internal Revenue Service, and an account history relative to the cost of goods sold. He said it appeared that their on-site accounting was very lax, and he would like Mr. Pribyl to take a look at the detail. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. NEW BUSINESS: 13. RESOLUTION NO. 19-2003 RECEIVING FINAL PLANS AND SPECIFI- CATIONS AND ORDERING ADVERTISEMENT FOR BIDS, MARIAN HILLS NEIGHBORHOOD STREET IMPROVEMENT PROJECT NO. ST. 2003-01. Mr. Haukaas, Public Works Director, said the resolution ordered the final plans and advertisement for bids for the 2003 street reconstruction project. At the Council meeting of March 24, there was some discussion about the realigrunent of 52"d and Taylor. As a result, they held a neighborhood meeting on Apri12. Seven residents attended, Mr. Haukaas said they originally put the plans together without the realignment, but they have now designed the realignment and asked for approval to include it. Mayor Lund stated that he assumed the resolution alluded to the realignment. Councilmember Wolfe asked if the realignment would happen if the resolution was passed. Mr. Haukaas said it did include the realignment of that intersection. Councilmember Wolfe asked why it was being changed. FRIDLEY CITY COUNCIL MEETING OF APRIL 14, 2003 PAGE 18 Mr. Haukaas replied it would be an improvement and would be easier to maintain. He thought people would obey the four-way stop better. He said he did not think it would make a difference with respect to speeding. Ms. Judy Engebretson, 5216 Taylor Street N.E., said change was great when the people directly affected by the change wanted it. The city-driven proposal of realigning 52"d Avenue and providing an S-curve with a four-way stop at the intersection of Taylor provided the right ingredients for speed, rurining stop signs and for accidents to happen. She said the present design has produced a zero rate of police-reported accidents at this intersection since 1997. She said that under the new intersection design, the odds of an accident happening at 52"d and Taylor could increase because a new fourth element could be added to this intersection and that was the in and out access for the three-building apartment complex on 52"d Avenue. Ms. Engebretson said consideration should also be given to the negative impact on the property of Mr. Leavey. She said the residents who opposed this change did not feel the positives stated by the City outweighed the concerns of the residents. She presented to Council a petition from 18 neighbors who were opposed to the intersection redesign. MOTION by Councilmember Billings to receive the neighborhood petition. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Greg Truckenbrod, 1300 - 52"d Avenue N.E., stated he lived in the middle of the block. He simply wanted to point out that he thought Mr. Haukaas overlooked something in his diagram, and that was there was already a double curve on 52"d on the east end of the apartment complex. Mr. Bill Leavey, 1240 — 52°d Avenue N.E., stated he lived in the cul-de-sac. He said it put him right into the intersection. It would also bring the apartment entrance closer to him. He stated that backing out of his driveway into the intersection would put him into harm's way, and he would not have any on-street parking. Ms. Darlene Sammarco, 1307 — 52"d Avenue N.E., stated one thing overlooked here was children. She said there were several on the block of 52°d Avenue. Ms. Karen Dorff, 1315 — 52"d Avenue N.E. stated she has lived at her home since 1978. She had two children, one was 22, the other 18. She said when they were younger, she was not able to let her children out on the street without supervision. She said people did not stop at the stop sign. They called and asked if a speed bump could be put in and were told it could not because of the angle of the hill and because it would be too hard on the snow plow equipment. She did not think removing the jog and putting in a four-way stop with a blind intersection would do anything for the City. She said she was a bit disturbed that there were no copies of the plans in the public handout and they did not have access to the plans. She thought the intersection was not FRIDLEY CITY COUNCIL MEETING OF APRIL 14, 2003 PAGE 19 an improvement at all. She asked what their plans were for dealing with snow, ice, and water from the hotel parkin� lot. Mr. Bill Job, 5250 Taylor Street N.E., said he thouQht the intersection looked like a"T." T'he driveway from the apartments went into the middle of the intersection, which he thought was dangerous. Councilmember Billings said it squared the intersection so that it would be easy to identify who was first at the intersection. He did not think this would increase the speeds on 52"d Avenue or be a dangerous impediment to children playing further up the street. Three former city engineers supported this particular proposal, and staff waited until work �vas being done in the area to implement it. Mayor Lund stated in the past if they did not have a consensus of a majority in the neighborhood, they did not do the project. Councilmember Bolkcom said she thought they wanted the street improvement. They just did not like the new alignment. She asked if there were any accident counts. Mr. Haukaas said they went back five years and did not find any reported accidents. Ms. Dorff asked what the benefit of lining up the apartment driveway was. Mr. Haukaas replied the purpose of bringing the driveway to the intersection was to make it understandable to people exiting that it was going to be just like a street. Ms. Engebretson stated she had been a resident of the area for 38 years. She thought the jog was there for a reason. Dr. Burns asked Mr. Haukaas how important the legislation was to getting the project started. Mr. Haukaas replied approval would keep them on track to get the project started after Memorial Day. He said they could delay one more meeting and stay on schedule. Dr. Burns stated it is his understanding they do have it designed both ways. Mr. Haukaas said they did. MOTION by Councilmember Bolkcom to adopt Resolution 19-2003. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF APRIL 14, 2003 PAGE 20 MOTION by Councilmember Barnette to approve the plans for Street Improvement Project No. ST.2003-1 with the eYCeption of the change at 52nd and Taylor Street. Seconded by Councilmember Wolfe. Councilmember Bolkcom said it was her understanding the motion asked that the realignment not take place. Councilmember Barnette agreed. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 12. RESOLUTION DENYING RENEWAL OF INTOXCIATING LIQUOR LICENSE FOR NIN SEAN CO., DB/A SEAN'S GRILL & PUB, GENERALLY LOCATED AT 8298 UNIVERSITY AVENUE N.E. (WARD 3). MOTION by Councilmember Bolkcom to table this item until April 28, 2003. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. FIRST READING OF AN ORDINANCE AMENDING THE FRIDLEY CITY CODE, CHAPTER 507, BATHING BEACHES. Councilmember Barnette said that under Chapter 507, it stated that the beaches may close for periods of severe weather and/or the presence of lightening. He said if there were no lifeguards, who would tell people that the beach was closed. Councilmember Bolkcom said it would be posted. MOTION by Councilmember Barnette to waive the reading and approve the ordinance on first reading. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 14. INFORMAL STATUS REPORTS Dr. Burns stated they received a proposed amendment to Anoka County's legislation on a community development organization. Councilmember Billings stated the County of Anoka was proposing to create a county-wide Economic Development Authority. The money would be used predominantly for development and for the promotion of Anoka County to developers. They proposed a county-wide tax to raise FRIDLEY CITY COUNCIL MEETING OF APRIL 14, 2003 PAGE 21 the funds to fund the Economic Development Authority. City staff and several members of the Council did not think it was a good idea to implement a county-wide taY. Dr. Burns stated they have voiced the opinion that they should have the ability to opt in or opt out of any kind of taxation for economic development purposes in Anoka County on a county- wide basis. He said they met with representatives of the County to discuss this. Changes were made and they could opt out of 60 percent of the cost of the ta.x but everyone would be required to pay 40 percent of the taY. Councilmember Billings stated it did not say that a City's limitation would be 40 percent of the amount levied by the County in any particular year. It said the levy within a city with limited participation shall not exceed 40 percent of the ma�Yimum levy allowed by law. Councilmember Bolkcom asked if they had spoken with representatives of other cities. Mayor Lund stated a couple of the communities have adopted or enacted resolutions that were not in favor of the proposal by the County Dr. Burns stated he staff s recommendation continued to be that Fridley insist on the ability to opt out of all of the county-wide levy if it so chose. Councilmember Billings stated he thought we should let the County know how we interpreted this. MOTION by Councilmember Barnette to adjourn the meeting. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE APRIL 14, 2003, CITY COUNCIL MEETING ADJOURNED AT 10:17 P.M. Respectfully submitted, Denise M. Letendre Scott Lund Recording Secretary Mayor ` AGENDA ITEM CITY COUNCIL MEETING OF MAY 5, 2003 ClTlf OF FRIDLEY Date: 04/24/03 To: William Burns, City Manager �� ` From: Scott Hickok, Community Development Director Paul Bolin, Planriing Coordinator Stephanie Hanson, Planner RE: Continuation ofFirst Reading of an Ordinance to Amend City Code Chapter 901. M-03-60 INTRODUCTION Currently, Fridley City Code allows a maximum fine for violations of the Fridley City Code not to exceed $700. However, Minnesota State Statutes, Chapter 609.034, allows a fine amount not to exceed $1000. This $300 discrepancy prevents the City from collecting fees in amounts high enough to help offset prosecution costs. City Staff is requesting a text amendment to City Code Chapter 901, titled "Penalties", which will bring Fridley's fine schedule current with State Statutes. The wording of the ordinance will enable the City's fine schedule to keep current with any future changes to the State Statute. The wording also retains the City's ability to include up to 90 days in jail far each offense. PAST COUNCIL ACTION At their Apri128, 2003 meeting, the City Council tabled action on this item. The Council requested that the City Attorney modify the ordinance to allow fines up to the maximum allowed under Statute and allow for jail time for each offense. The changes are reflected in the attached ordinance. PLANNING STAFF RECOMMENDATION City Staff recommends that the City Council approve and hold the first reading of the ordinance to amend Fridley City Code, Chapter 901. .-� U ORDINANCE NO. AN ORDINANCE AMENDING FRIDLEY CITY CODE CHAPTER 901. PENALTIES The Fridley City Council hereby finds after review, examination and recommendation of staff that Chapter 901 related to penalty fees be hereby amended as follows: 901.01. GENERAL PROVISIONS Every person who violates this Code is subject to all penalties provided for such violation. Except where a different, specific or more particular penalty is provided or allowed with respect to any offense, any person guilty of a violation of this Code shall upon conviction of such offense, be fined in an amount not to exceed the maximum fine as authorized bv Minn. Stat. 609.034 $�A8 or be imprisoned in jail for a period not to exceed ninety (90) days or both for each offense of which such person is convicted. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 2003. ATTEST: Debra A. Skogen, City Clerk First Reading: Apri128, 2003 Second Reading: 2 Scott J. Lund, Mayor / � UI'Y OF FRIDLEY TO: FROM: DAI'E: SUBJECT AGENDA ITEM CITY COUNCIL MEETING OF MAY 5, 2003 William W. Burns, City Manaaer �� „ � Jon . aukaas, Public Works Director Apri129, 2003 Adjustments to our MSAS Mileage PW03-04b Over the last several years, the Engineering Department has been reviewing our street inventory to try to find some discrepancies noticed by MnDOT during their review of our MSAS system. As a result of this invesrigation, we found several instances in which County State Aid Routes were counted as local system mileage. Only County Roads not on the County State Aid system can be counted on this local system total. What this means is that we have been reporting a total of 125.78 miles of local roads allowing 20% or 25.16 miles of State Aid mileage. In actuality, we only have 115.16 miles of local roads allowing 23.03 miles of State Aid mileage. Therefore, we need to revoke the MSAS status of approximately 2 miles of local roads from our reported State Aid system. All of the roads proposed for revocation were originally built with local funds, not State Aid funds, and therefore, we will not be penalized for removing them from the system. Also, MnDOI' has agreed to only make adjustments to our cunent and future allocations to reflect the change in mileage. They will not impose any penalty for past over reporting since we voluntarily determined the correct mileage and are making the necessary adjustments. The deletion of this mileage from our system will result in a reduction of MSAS funcling of approximately 7.5�/0. The attached resolution make the necessary adjustments to our system. The first resolution revokes 2.19 miles of local roads from the MSAS system. The second resolution adds two missing sections totaling 0.24 miles back onto the system to complete some missing segments. This is necessary because all MSAS segments must make a complete connection or loop to other MSAS segments, County State Aid segments or Trunk Highway segments. Having a fully connected system allows us to maintain our "completed system" status so we may use our MSAS funcling on our neighborhood streets. Recommend the City Council adopt the attached resolution revoking 2.19 miles of local roads from the MSAS system making adjustment to our Municipal State Aid Street system. Recommend the City Council adopt the attached resolution which adds two missing sections totaling 0.24 miles back onto the MSAS system. JHH:cz Attachments �� RESOLUTION NO. - 2003 RESOLUTION REVOKING MiJNICIPAI, STATE AID STREETS WHEREAS, it is evident to the City Council of the City of Fridley that the streets herein referenced should be revoked as Municipal State Aid Streets under provisions of Minnesota Laws, and WHEREAS, no State Aid funds were expended in the original construction or in the reconstruction of the roads hereinafter described within the last 20 years, and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley, County of Anoka, that the streets described as follows, to wit: Control Section 316 324 326 327 330 330 330 330 330 335 Seament 040 O10/020 O10/020 O10/020 O10 020 022 025 030 O10 Road Name Termini Monroe Street Mississippi St - 63rd Ave Baker Street 73rd Ave - Osborne Rd 3rd Street 49"' Ave - 53rd Ave 7t`' Street Mississippi St - 67th Ave 57t'' Avenue 7t° St - Quincy St Quincy Street 57t'' Ave - Carrie Lane Carrie Lane Quincy St - Jackson St Jackson Street Carrie Ln - 58th Ave 58th Avenue Jackson St - W Moore Lake Dr 63rd Avenue 7th St - Monroe St TOTAL REVOKED MSAS MILES Miles 0 .22 0.51 0.50 0.15 0.30 0 . 02 0.05 0.11 0.06 0.25 2.19 be and hereby are revoked as Municipal State Aid Streets of said City subject to the approval of the Commissioner of Minnesota Department af Transportation. BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to forward two (2) certified copies of this Resolution to the Commissioner of the Minnesota Department of Transportation for his approval of the revocation of said Municipal State Aid Streets. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 5TH DAY OF MAY, 2003. ATTEST: DEBRA A. SKOGEN - CITY CLERK 0 SCOTT J. LUND - MAYOR � RESOLUTION NO. - 2003 RESOLUTION ESTABLISHING MUNICIPAL STATE AID STREETS WHEREAS, it appears to the City Council of the City of Fridley that the streets hereinafter described should be designated as a Municipal State Aid Streets under provisions of Minnesota Laws of 1967, Chapter 162. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley, County of Anoka, that the streets described as follows, to wit: Road Name W Moore Lake Dr Hillwind Road Termini 58th Ave - Medtronic Parkway Hathaway Ln - Lynde Drive TOTAL MSAS DESIGNATION REQUEST Miles 0.10 0.14 0.24 be and hereby is established, located and designated a Municipal State Aid Street of said City, subject to the approval of the Commissioner of Minnesota Department of Transportation. BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to forward two (2) certified copies of this Resolution to the Commissioner of Highways for his consideration, and that upon his approval of the designation of said streets that the same be constructed, improved, and maintained as a Municipal State Aid Street of the City of Fridley, to be numbered and known as a Municipal State Aid Street as established by the State. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 5TH DAY OF I�Y, 2003. ATTEST: DEBRA A. SKOGEN - CITY CLERK � 5 SCOTT J. LUND - MAYOR � AGENDA ITEM � COUNCIL MEETING OF MAY 5, 2003 cmr oF PRIDLEY 0 CLA1 MS 111244 -111338 � 0 � t CRY OF FRIDLEY Type of License AGENDA ITEM CITY COUNCIL MEETING OF MAY 5, 2003 LICENSES : Approved By: FOOD Mike's Discount Foods Michael Abernathy Public Safety 230 Osborne Rd NE Fire Inspector Fridley, MN 55432 Community Development RELIGIOUS & CHARITABLE PEDDLER Fund for Public Interest Research Heather Swinney Public Safety 1313 Sth St SE #317 Planning Assistant Mpls, MN 55414 TAXICAB Bloomington City Taxi 2838 Stevens Ave Mpls, MN, 55408 AAA TaxiService 2010 E Hennepin Ave Mpls, MN 55413 #15-Salah Farah Public Safety #17-Muse Sheikh-Mohamud #30-Abdihakin Ali #70-Ahmed Muse #89-Abdulkadir Aden # 106-Abdirahman Ahmed # 114-A1i Dirie #155-Shane Shane #163-Mohamud Ismail #175-Ibrahim Jama #180-Mursal Jama #212-Yahye Ahmed #213-Bashir Musse #215-Abdurahman Adam #227-Bashir Abdi #230-Ahmed Mohomed #232-Abdulkadir Ago #274-Aden Aded #277-Mohamed Sheikh #298-Abukar Isse #347-Yahye Ali #546-Yassin Jama #553-Omar Farah #289-Said Abdi Gebregzabher Senke 7 Fees: $45 none $240 Public Safety $5 Renewal License List Type of License � FOOD Cozy Cafe Mosad Aly 6215 University Ave NE Fridley, MN 55432 RECYCLING & SOLID WASTE Armor Waste Systems Wayne Schmidt 3291 Terminal Dr Eagan, MN 55122 TOBACCO Cozy Cafe Mosad Aly 6215 University Ave NE Fridley, MN 55432 Discount Tobacco Bilil Haidari 315 Osborne Rd Fridley, MN 55432 �� Approved By: Public Safety Fire Inspector Community Development Public Safety Community Development City Clerk Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Fees: $45 $90 $125 $125 � � � City of Fridley AGENDAITEM City Council Meeting Of Monday, May 05, 2003 � Blacktoppinq Lino Lakes Blacktop Inc. 510 Lilac St Tom Ramsden �ino �akes MN 550141053 Electrical Bassing Electric Inc 1354 McKay Dr NE Richard Bassing Ham Lake MN 553046128 North Side Electric 26 19 Ave SW Tony Poeschel New Brighton MN 55112- Excavatinq Frattalone F M Excavating 8� Grading Inc 3066 Spruce St Susan Busse St Paul MN 55117-1061 Gas Services American Appliance 8 Microwave PO Box 48070 Keith Beecher Coon Rapids MN 5544& Harris Companies Inc 909 Montreal Cir Kay Sellman St Paul MN 55102 Metropolitan Mech Contrs Inc 7340 Washington Ave S Mark Anderson Eden Prairie MN 55344-3582 � Approved Bv: Ron Julkowski Building Official State of MN State of MN Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Officia� � Northern Heating 8 Air Conditioning Inc 9431 Alpine Dr NW Brad Peet Ramsey MN 55303- Schadegg Mechanical inc 225 Bridgepoint Dr Daniei Schadegg S St Paul MN 55075- Soderlin H O Plbg, Htg 8 AC 3612 Cedar Ave S Minneapolis MN 55407-2920 St Marie Sheet Metal Inc 7940 Spring Lake Park Rd Spring Lake Park MN 55432-2253 Standard Heating � Air Cond Co 410 West Lake St Minneapolis MN 55408-2998 Wencl Services Inc 8148 Pillsbury Ave S Bloomington MN 55420-1107 General Contractor-Commercial Bainey Group 14700 28 Ave N STE 30 Plymouth MN 55447-4884 Kranz D J Co Inc 725 Hwy 169 N Plymouth MN 55441-6403 Minco Products Inc 7300 Commerce Lane NE Fridley MN 55432-3177 Gerald Stange Linda St Marie Dave Melnick Ken Wencl Gordon Johnson Lawrence Elsen John Toohey 10 Approved Bv: Ron Julkowski Building Officiai Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Officiat Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official . , � General Contractor-Residential Carison Roofing � Remodeling (20287533) 533 79 Avenue NE Jim Carlson Spring Lake Park MN 55432- Grayhawk Builders (20174611) 3020 Centerville Rd Todd Shely Little Canada MN 55117-1105 Jansick Inc (8618) 6480 Squire Dr NE Gary Jansick Fridley MN 55432-5243 North End Contracting 8 Waterproofing (20170727) 3651 Edgerton St Michael Hamburger Vadnais Heights MN 55127- Philp Dennis Construction Inc (20382543) 3024 196 Ave NE Dennis Philp East Bethel MN 55011- Quarve Contracting (6016) 8427 Center Dr NE Patrick Quarve Spring Lake Par1c MN 55432-1309 RSJ Construction (20318533) 1630 Hwy 10 Steven Chell Spring Lake Park MN 55432- Trehus Builders Inc (1474) 3017 4 Ave S David Amundson Minneapolis MN 55408- Window Lite Home Improvements (20039258) 8400 89 Ave N STE 460 Scott Runquist - Brooklyn Park MN 55445 11 Approved By: State of MN State of MN State of MN State of MN State of MN State of MN State of MN State of M N State of MN � Heatinq American Appliance & Microwave Inc PO Box 48070 Kathy Beecher Coon Rapids MN 55448-0070 Harris Companies lnc 909 Montreal Cir Kay Sellman St Paul MN 55102- Northern Heating & Air Conditioning Inc 9431 Alpine Dr NW Brad Peet Ramsey MN 55303- Schadegg Mechanical Inc 225 Bridgepoint Drive Daniel Schadegg S St Paul MN 55075- Soderlin H O Plbg Htg & AC 3612 Cedar Ave S Gerald Stange Minneapolis MN 55407-2970 St Marie Sheet Metal Inc 7940 Spring Lake Park Rd Linda St Marie Spring Lake Park MN 55432-2253 Masonrv Ashland Enterprises Inc/Ashland Concrete 6440 Baker Ave NE Gary Greiner Fridley MN 55432- Hage Construction Co 5200 W 74 St Oliver Hage Edina MN 55439- North Country Concrete Inc 7040 143 Ave NW Mary Babcock Ramsey MN 55303 12 Approved Bv: Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Builciing Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official � . . � Plumbinq Bonfes Plumbing Heating � Air Service Inc 505 Randolph Ave Walter Bonfe St Paul MN 55102 Harris Companies Inc 909 Montreal Cir Kay Sellman St Paul MN 55102 Lakeland Plumbing 22070 Woodbine St NW Jeff Boring Anoka MN 55303 M& D Pumbing 8 Heating Inc 11050 26 St NE Michael Daleiden St Michael MN 55376 Overacker Terry Plumbing 1630 Co Rd 10 Terry Overacker Spring Lake Park MN 55432- P& D Mechanical Contracting Co 4629 41 Ave N Bill Daugherty Robbinsdale MN 55422- Schadegg Mechanical 225 Bridgepoint Dr Daniel Schadegg S St Paul MN 55075- Soderlin H O Plbg Htg 8 AC 3612 Cedar Ave S_ Gerald Stange Minneapolis MN 55407-2920 Roofinq Imperial Roof Systems Co PO Box 522 James Hauer West Union IA 52175- 13 Approved Bv: State of MN State of MN State of MN State of MN State of MN State of MN State of MN State of M N Ron Julkowski Building Official Kraemer Services 6220 167 Ave NW Ramsey MN 55303- Siqn Erector Lawrence Sign 945 Pierce Butler Rte St Paul MN 55104-1595 � David Kraemer Kem Burrier 14 Approved Bv- Ron Julkowski Building Official Ron Julkowski Building Official � , � � s r � CXfY OF FRIDLE7 0 AGENDA ITEM CITY COUNCIL MEETING OF MAY 5, 2003 ESTIMATES . Frederic W. Knaak Knaak & Kantrud, P.A. 3500 Willow Lake Blvd. Suite 800 St. Paul, MN 55110 Legal Services Rendered as City Attorney for the Month of April, 2003 .............................................................. 15 $ 5,600.00 5 � � r � � CfTY OF PRIDLEY Date To AGENDA ITEM CITY COUNCIL MEETING OF MAY 5, 2003 March 25, 2003 William Burns, City Manager�� From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject: Special Use Permit Request, SP #03-04, Kurt Becker M-03-58 INTRODUCTION The petitioner, Kurt Becker is seeking a special use permit to allow the construction of a 576 square foot accessory structure in the rear yard of his double frontage property located at 124 Glen Creek Road. The structure will be used as a workshop. Properties with frontages on both sides of their lots need to meet front yard setback requirements for garages and accessory structures located in their "rear yard." The petitioner has applied for a variance to locate the accessory structure within 9 feet of the southern property line instead of the required 59 feet, which is determined by the setback averaging requirement. PLANNING COMMISSION RECOMMENDATION At the March 19, 2003, Planning Commission meeting, a public hearing was held for SP #03-04. After a brief discussion, the Planning Commission recommended approval of special use permit, SP #03-04, with the stipulations as presented. THE MOTION CARRIED UNANIMO�USLY. PLANNING STAFF RECOMMNEDATION City Staff recommends concurrence with the Planning Commission. 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. � May Q� �1,„?t 02: 35p Nlay Z, 2003 Stacy Stromber� C ity o f Fridley Stacy, y- � _p . 2 This letter is to inform you that I am withdrawing my request for a special use permit and variance. Thank you for all of your help. If you have any questions please call me. 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. Petitioner shall obtain all necessary permits prior to construction. 5. The structure shall not be used for a 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 a complementary siding and colo� scheme. 8. Special use permit approval is dependent upon approval of the petitioner's variance request. � City of Fridley Land Use Application SP #03-04 March 12, 2003 GENERAL INFORMATION SPECIAL 1NFORMATION Applicant: Kurt Becker 124 Glen Creek Road Fridley MN 55432 Requested Action: Special Use Permit to allow a second accessory structure over 240 square feet. Existing Zoning: R-1 (Single Family Residential) Lo�ation: 124 Glen Creek Road Size: 10,125 sq. ft. .23 acres Existing Land Use: Single family home. Surrounding Land Use & Zoning: N: Single Family & R-1 E: Single Family 8� R-1 S: Single Family & R-1 W: Single Family & R-1 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Sec. 205.07.1.C.(1) requires a special use permit to allow accessory buildings other than the first accessory buildinq, over 240 square feet. Zoning History: 1955 — Lot is platted. 1955 — Home and Garage are built. 1970 — Sun porch addition and addition to qaraqe. Legal Description of Property: Lot 3, Block 2, Oak Creek Addition, Plat 2 Public Utilities: Home is connected. Transportation: Glen Creek Road provides access to the residence. Physical Characteristics: Typical suburban landscaping. 1� SUMMARY OF PROJECT The petitioner, Mr. Becker is seeking a special use permit to allow the construction of a 576 square foot accessory building in the rear yard of his property. SUMMARY OF ANALYSIS City Staff recommends approval of this special use permit, with stipulations. Second accessory buildings over 240 square feet are a permitted special use in the R-1 zoning district, provided the total square footage of all accessory buildings doesn't exceed 1,400 square feet. The current two- stall garage is 484 square feet and the proposed accessory structure is 576 square feet. The total of all accessory buildings, existing and proposed is 1,060 square feet. CITY COUNCIL ACTION/ 60 DAY DATE City Council —April 14, 2003 60 Day — April 14, 2003 (Location of Proposed Garaqe) Staff Report Prepared by: Stacy Stromberg SP #03-04 REQUEST The petitioner, Kurt Becker, is seeking a special use permit to allow the construction of a 576 square foot second accessory building in the rear yard of his double frontage property located at 124 Glen Creek Road. The building will be used as a workshop ANALYSIS The property is located on Glen Creek Road, west of East River Road, with the home being "squared up" to and fronting on Glen Creek Road. Chesney Way borders the property on the southern side. Therefore, this property is considered to have a double frontage. Properties with frontages on both sides of their lots need to meet front yard setback requirements for garages and accessory structure located in their "rear yard." The petitioner will be applying for a variance to locate the accessory structure within 10 feet of his southern property line instead of the required 59 feet. (As required by the setback- averaging requirement.) The dimensions of the lot are 90 feet by 135 feet and it is a rectangular shape. The existing home and single stall garage were built in 1955. An additional stall was added to the garage in 1970. ��"�' ;� �� `�-�#. � ... �,-«�.., ��, �,;�.,,. � '.« '�.y'i . " ;,"��..��t .� v . ''^ � a , ,'�..a . Existing home and attached garage � �; . _ . °" .�>„ __ - �� Accessory structures over 240 square feet are a permitted special use in the R-1 zoning district. The existing two-stall garage is 484 square feet and the proposed accessory structure is 576 square feet. The total square footage of the existing garage and the 19 proposed accessory structure are a total of 1,060 square feet, which is 340 square feet less than the total allowed by Code. The proposed garage location would meet lot coverage requirements. The petitioner is requesting that the hard surface driveway requirements be waived for the proposed second accessory structure. Since, the primary use of the structure is going to be as a workshop as the petitioner is an avid woodworker, City staff would be in support of the petitioner's request. However, if at anytime, evidence of use of the yard as a hard surface driveway is observed, a hard surface driveway will be required. City staff has received comments from one neighboring property owner who expressed concerns about the location and size of the proposed garage. Proposed Garage Location in Rear Yard of the Property Left — taken from Glen Creek Road Right — taken from Chesney Way RECOMMENDATIONS City Staff recommends approval as second accessory structures are permitted under special use permit in the R-1 Single Family District. STIPULATIONS Staff recommends that if the special use permit is granted, the following stipulations be attached. 1. 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. Petitioner shall obtain all necessary building permits prior to construction. 5. The structure shall not be used for a home occupation or living area. 6. Total square footage of all accessory structures must not exceed 1,400 square feet. Z� 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. 21 r � CffY OF FRIDLEY Date To AGENDA ITEM CITY COUNCIL MEETING OF MAY 5, 2003 March 25, 2003 William Burns, City Manager�� From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject: Variance Request, SP #03-08, Kurt Becker M-03-59 INTRODUCTION The petitioner, Kurt Becker is seeking a variance to reduce the "rear yard" setback on a double frontage lot from 59 feet to 9 feet to allow the construction of a 20 ft. by 26 ft. accessory structure in the southwest corner of his property, which is located at 124 Glen Creek Road. Chesney Way borders the property on the southern side. Therefore, the property is considered to have a double frontage. Chesney Way is a half right-of-way that was dedicated as a street in 1973. The homes on Cheney Way face the backyards of the homes on Glen Creek Road; so essentially placing a garage in the rear yard of a home on Glen Creek Road would be placing it in view of the front yard of the homes on Chesney Way. APPEALS COMMISSION RECOMMENDATION At the April 23, 2003, Appeals Commission meeting, a public hearing was held for VAR #03-08. After receiving public comment and a brief discussion, the Appeals Commission recommended denial of variance request, VAR #03-08 due to the adverse affects it would having on neighboring property owners. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMNEDATION City Staff has no recommendation as this variance is within previously granted dimensions. 22 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. Petitioner shall obtain all necessary permits prior to construction. 5. The structure shall not be used for a 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 a complementary siding and color scheme. 8. Variance approval is dependent upon approval of the petitioner's special use permit request. 23 City of Fridley Land Use Application VAR #03-08 April 23, 2003 GENERAL INFORMATION SPECIAL 1NFORMATION Applicant: Ku�t Becker 124 Glen Creek Road Fridley MN 55432 Requested Action: Variance reducing the front yard setback on a double frontage lot for a detached accessory structure. Existing Zoning: R-1 (Single Family Residential) Location: 124 Glen Creek Road Size: 10,125 sq. ft. .23 acres Existing Land Use: Single family home. Surrounding Land Use & Zoning: N: Single Family & R-1 E: Single Family 8� R-1 S: Single Family & R-1 W: Single Family & R-1 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Sec. 205.07.03.D.(4).((b)) requires that the setback for garages and accessory structures in the rear yard be the same as the front yard on double frontaqe lots. Zoning History: 1955 — Lot is platted. 1955 — Home and Garage are built. 1970 — Sun porch addition and addition to qaraqe. Legal Description of Property: Lot 3, Block 2, Oak Creek Addition, Plat 2 Public Utilities: Home is connected. Transportation: Glen Creek Road provides access to the residence. Physical Characteristics: Typical suburban landscaping. SUMMARY OF PROJECT The petitioner, Mr. Becker is seeking to reduce the rear yard setback on a double frontage lot from 59 feet to 9 feet to allow the construction of an accessory structure in the southwest corner of his property. SUMMARY OF HARDSHIP "1 am asking for a variance to give the shop a setback of 9 feet from the south. Since I have public access in the front and back of my house, 1 am considered to have two frontages." - Kurt Becker CITY COUNCIL ACTION/ 60 DAY DATE City Council — May 5, 2003 60 Day — May 19, 2003 (Location of Proposed Garage) Staff Report Prepared by: Stacy Stromberg VAR #03-08 REQUEST The petitioner, Kurt Becker, is seeking a variance to reduce the "rear yard" setback on a double frontage lot from 59 feet to 9 feet to ailow the construction of a 24 ft. by 24 ft. accessory structure in the southwest corner of his property, which is located at 124 Glen Creek Road. The structure will be used as a workshop. SUMMARY OF HARDSHIP . "1 am asking for a variance to give the shop a setback of 9 feet from the south. Since / have public access in the front and back of my house, 1 am considered to have two frontages. " -Kurt Becker ANALYSIS The subject property is zoned R-1, Single Family, as are all surrounding properties. The property is located on Glen Creek Road, west of East River Road, with the home being "squared up" to and fronting on Glen Creek Road. Chesney Way borders the property on the southern side. Therefore, this property is considered to have a double frontage. Chesney Way is a half right-of-way that was dedicated as a street in 1973. Three residences receive access from Chesney Way and two of the homes face Chesney Way. The homes on Chesney Way face the backyards of the homes on Glen Creek Road; so essentially placing a garage in the rear yard of a home on Glen Creek Road would be placing it in view of the front yard of the homes on Chesney Way. Existing home and attached garage 25 City Code requires that properties with frontages on both sides of their lots meet front yard setback requirements for garages and accessory structure located in their "rear yard." The petitioner is requesting to locate an accessory structure within 9 feet from the southern property line, which would be his "rear yard" instead of the required 59 feet, which is determined by the setback-averaging requirement. In order to determine the setback for the "rear yard", the setback-averaging requirement would apply. Setback averaging applies when the setback of neighboring homes is greater than the minimum front yard setback. Then the setback for the new structure can be six (6) feet more or less of the average depth of the adjacent structures. The minimum setback is 35 feet. The subject property is setback at 65 feet from Chesney Way and the adjacent home to the west is setback at 65 feet and the adjacent home to the east is setback at 65 feet. When you add/minus 6 feet, the setback options are 59 feet or 72 feet or any measurement between. Based on the code requirements, a front yard setback of 59 feet is determined. Therefore, the petitioner is seeking a variance to reduce the "rear yard" setback on a double frontage lot from 59 feet to 9 feet to allow the construction of a 576 square foot accessory structure. Proposed Garage Location in Rear Yard of the Property Left — taken from Glen Creek Road Right — taken from Chesney Way The dimensions of the lot are 90 feet by 135 feet and it is a rectangular shape. The existing home and single stall garage were built in 1955. An additional stall was added to the garage in 1970. The petitioner is requesting that the hard surface driveway requirements be waived for the proposed second accessory structure. Since, the primary use of the structure is going to be as a workshop. City staff would be in support of the petitioner's request. However, if at anytime, evidence of use of the yard as a hard surface driveway is observed, a hard surFace driveway will be required. The proposed garage meets size and lot coverage requirements. The Planning Commission recommended approval for the special use permit for a second accessory structure over 240 square feet. City staff has received comments from two neighboring property owner who are opposed to the proposed location of the proposed accessory structure. 26 RECOMMENDATIONS City Staff has no recommendation, as this variance is within previously granted dimensions. Similar variance granted: • VAR #00-05121 Hartman Circle Rear yard setback for a double frontage lot reduced to 9 feet to allow the construction of a detached garage. STIPULATIONS Staff recommends that if the special use permit is granted, the following stipulations be attached. 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. Petitioner shall obtain all necessary building permits prior to construction. 5. The structure shall not be used for a 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 petitione�'s variance request. 27 i CITY OF FRIDLEY APPEALS COMMISSION MEETING APRIL 23, 2003 CALL TO ORDER: Chairperson Kuechle called the Aprii 23, 2003, Appeals Commission meeting to order at 7:30 p. m. ROLL CALL: Members Present: Larry Kuechle, Sue Jackson, Ken Vos Members Absent: Blaine Jones, Gary Zinter Others Present: Stacy Stromberg, Planner Kurt Becker, 124 Glen Creek Road Joe & Vivian Menth, 147 Chesney Way NE Donald Carrigan, 123 Chesney Way NE PUBLIC HEARING: VARIANCE REQUEST VAR #03-08 BY KURT BECKER: Per Section 205.07.03.d.(4).((b)) of the Fridley Zoning Code, to reduce the front yard setback on a double frontage lot from 59 feet to 9 feet to allow the construction of a 20 ft. by 26 ft. accessory structure on Lot 3, Block 2, Oak Creek Plat 2, generally located at 124 Glen Creek Road. MOTION by Dr. Vos, seconded by Ms. Jackson, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE PUBLIC HEARING OPENED AT 7:32 P.M. Ms. Stromberg stated the petitioner is requesting a variance to reduce the rear yard setback on a double frontage lot from 59 feet to 9 feet to allow the construction of a 20 ft. by 26 ft. accessory structure in the southwest corner of his property which is located at 124 Glen Creek Road. The proposed structure will be used as a workshop. Ms. Stromberg stated the petitioner submitted the following hardship: "I am asking for a variance to give the shop a setback of 9 feet from the south. Since I have public access in the front and back of my house, I am considered to have finro frontages." 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; therefore, this property is considered to have a double frontage. Chesney Way is a half right-of-way that was dedicated as a street in 1973. Three residences receive access from Chesney Way, and two of the homes face Chesney Way. The homes on Chesney Way face the back yard of the homes on Glen Creek Road. So, essentially, placing the garage in the rear yard of a home on Glen Creek Road would be placing it in view of the front yard of the homes which are located on Chesney Way. City Code requires that property that frontages on both sides of its lot must meet the front setback requirement for garages and accessory structures in the rear yard. : APPEALS COMMISSION MEETING, APRIL 23, 2003 PAGE 2 Ms. Stromberg stated the petitioner is requesting to locate an accessory structure 9 feet from the southern property line which would be his rear yard, instead of the required 59 feet which is determined by the setback averaging requirements. When the setback of neighboring homes is greater than the minimum front yard setback, then the setback of the new structure can be 6 feet more or less of the average depth of the adjacent structure. The minimum setback is 35 feet. The subject property is set back at 65 feet from the southern property line, and the adjacent home to the west and the adjacent home to the east are also set back 65 feet from the southern property line. When you add or minus 6 feet, the setback options for this property are 59 or 72 feet or any measurement in between. Based on the Code requirements, a front yard setback is determined as 59 feet on the double frontage lot. Therefore, the petitioner is requesting a variance to reduce the rear yard setback on a double frontage lot from 59 feet to 9 feet to allow the construction of a 520 square foot accessory structure. Ms. Stromberg stated the petitioner is also requesting that the hard surface driveway requirement be waived for the proposed accessory structure since the primary use of the structure is a workshop. City staff would support the petitioner's request; however, if evidence of any use of the property for a driveway is observed, the hard surface driveway will be required. The proposed structure meets size and lot coverage requirements. The Planning Commission recommended approval for the special use permit to allow a second accessory structure over 240 square feet at this address. Ms. Stromberg stated staff has received comments from two neighboring property owners who are opposed to the proposed location of the accessory structure. Ms. Stromberg stated City staff has no recommendations as similar variances have been granted in the past. A similar variance was granted at 121 Hartman Circle where the rear yard setback for a double frontage lot was reduced to 9 feet to allow the construction of a detached garage. Ms. Stromberg stated that if the variance is granted, City staff recommends 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 a 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 the existing home and finished with complementary siding and color scheme. 8. Variance approval is dependent upon approval of the petitioner's special use permit request. Mr. Kurt Becker, the petitioner, stated he lives at 124 Glen Creek Road and he would like to build a workshop in his back yard. He has discussed this with all of the neighbors, and, obviously, a couple of neighbors are opposed to the shop. Because of the objections, he would put up a very nice 6-foot vinyl privacy fence all the way across the back of the property. With the fence, the only thing that could really be observed above it would probably be the roof of the structure. He wanted to point out that when the neighbors on Chesney Way built their homes, 29 APPEALS COMMISSION MEETING. APRI� 23, 2003 PAGE 3 they knew they were building their homes facing the back yard of his home.. It was only until this was made a right-of-way in 1973 that they would have been considered double frontages. Before that they weren't considered double frontage lots, and it could be assumed anyone could build something in his/her back yard which is what they are hoping to do now. Ms. Jackson asked if he has considered adding an addition to the house instead of having a separate building? Mr. Becker stated he currently has a shop on the back of the house, in what he would call the sun room. With the children getting bigger, his wife has requested that he build a shop in the back yard so they can have the sunroom back. For noise reasons and access reasons, his family would like to have the shop away from the house. Also, it would be easier to bring in his boat off the back road than to try and bring it all the way back to the house. Ms. Jackson asked how could he bring the boat in if he doesn't have a driveway. Mr. Becker stated they would have a gate in the fence, and they would just roll it in over the grass. IYs not something they would do all the time, just when they have to work on it. Also, if he needs to bring in a load of lumber of something like that, they would have a gate back there so they could at least back up and load things through there. Dr. Vos asked if the petitioner was suggesting to put the accessory structure 9 feet from the south property line and 4 feet from the west property line. Mr. Becker stated that was correct. Dr. Vos stated that in looking at the property, there is at least finro, maybe three different places that are not as close to that 9-foot setback. One of them could be sliding the structure 20-40 feet north and closer to the house. Mr. Becker replied the problem with that is he has many large trees. He has had to remove a couple of large trees that were rotting, but he doesn't want to have to remove any more big trees. Dr. Vos stated he didn't pace it out but it looked like Mr. Becker could place a 20 ft. by 26 ft. structure just north of the big tree and his house. It's as much room as he has in befinreen the tree and the fence. Dr. Becker replied he guessed he did not know. He never measured it out. He knows he has 31 feet to the tree and then on the other side thaYs 59 feet to the house. He doesn't know if he has enough with the overhangs of the roof, etc., to get the proper depth. He guessed he could look at that. Dr. Vos stated there is also about the same amount of space in the back yard behind the sunroom. Dr. Vos asked Ms. Stromberg if a 6-foot fence is allowable on double frontage? You can't have a 6-foot fence in the front yard, only a 4-foot fence. Ms. Stromberg stated that was correct. Mr. Becker stated there are already 6-foot fences there. 30 APPEALS COMMISSION MEETING, APRIL 23, 2003 PAGE 4 Mr. Donald Carrigan stated he lives at 123 Chesney Way NE which is just south of Mr. Becker's property so his front yard faces the same frontages he has on Chesney Way. He stated he is against an accessory structure built that close to his frontage as it would be a very poor view. Also, putting the 6-foot high fence to the front would be like putting up another block there. He also believed having a accessory structure sitting there in his front yard would lower the value of his property. Mr. Becker plans to use the accessory structure for a workshop, but the next owner might want to use it to fix cars or something like that, and then there are more problems. Dr. Vos asked what Mr. Carrigan thought of moving the structure further north closer to his home, on the other side of the big tree. Mr. Carrigan replied that a structure anywhere is not going to look very good and would be detrimental to his property. As Mr. Becker said, it is true that the road wasn't there right away when his house was built, and they have added onto that house since that time. The part that Mr. Becker uses for a workshop right now was added later and was used as a television room by the previous owners. Mr. Kuechle stated thaf Mr. Carrigan has to realize that if Mr. Becker can meet the required setback requirements, he can build a building in the back yard, and the City has no authority to stop him from doing that. The only thing they can do is decide whether or not to grant him a variance to do it within 9 feet or some other variance. Mr. Carrigan replied he has never gotten into this type of situation before. He has always known that the front yard setback is 35 feet; and, even from this other frontage that he has, it's all inside that first 35 feet. Mr. Kuechle stated that if he is more than 35 feet, then he is legal. Dr. Vos stated he thought the petitioner would have to be 59 feet back. Mr. Kuechle stated because of the double frontage lot, it's 59 feet; but if he is within the legal requirement, he has every right to get a permit. The issue here is the variance request to come within 9 feet. He just wants to make it clear that they can't stop Mr. Becker from building a building, as long as he adheres to the Code requirements. Mr. Carrigan replied he would certainly object to it being 9 feet from the lot line. That's almost like putting it in his front yard. And as far as the 35-foot setbacks they have, he supposed Mr. Becker could build the shed on the north side, but then he is already at a 35-foot setback there. So, that would be going farther that way than he has allowed if he went to the north side of the building. Mr. Joe Menth stated he lives at 147 Chesney Way which is adjacent to Mr. Carrigan on the west side. He had submitted a letter to the Commission and to Ms. Stromberg. He stated he had a sketch that gave the Commission a much clearer view of what is being talked about. Mr. Menth stated that as Mr. Becker had pointed out, they did make the decision to build their homes facing the back yards of the houses. The houses to the left were not there, it was just wooded as was his property. Mr. Becker's house, owned by somebody else, was there and Chesney Way was just a little dirt trail. They built their home here because it was quiet and beautiful and was a nice place to raise kids. It appeared to be okay, because the back yards that did exist were big, long back yards. They didn't have any concern unless somebody turned their back yard into a big junkyard. 31 APPEALS COMMISSION MEETING, APRIL 23, 2003 PAGE 5 Mr. Menth stated the special use permit request and variance request were a surprise to them. They could not attend the Planning meeting because they were out of town. So when Mr. Becker told them he was going to clean up his yard of lumber and junk and erect a big fence so nothing would show, he didn't know what to say. Mr. Menth stated that even though he wants to be a good neighbor, it was very difficult for him to say it was okay to put up a 20 ft. by 26 ft. building and a 6 foot fence. He did hear Mr. Kuechle say that they can't stop Mr. Becker from constructing a building as long as it meets City ordinances. He's not exactly sure what that means in terms of feet. He asked Ms. Stromberg if that would be a setback of 35 feet or 59 feet? Ms. Stromberg stated that on this property, unless it is below 59 feet, he will need a variance. So the only thing that he can do is a 6-foot addition without a variance. Mr. Menth stated he understands that Mr. Becker wants some additional space for his workshop and that his wife would like to have the sunroom back. But he also understands that this very imposing structure is going to be in his front yard, and it's going to be in Mr. Carrigan's front yard. In addition to that, they really don't have any control over what is going to happen with that property either from Mr. Becker or some other owner that may come in later and want to fix cars or whatever. It is very difficult for him to tell Mr. Becker that he doesn't agree to this variance, but he does have to say that. They have some beautiful properties and some very nice neighbors, and they just don't want to screw it up. Ms. Jackson stated that if this variance is granted, the stipulations indicate that the petitioner could not use the structure for a business like fixing cars, and those stipulations would stay with future owners. So, if Mr. Becker sold the property and someone else came in and wanted to fix cars, the new owner would not be allowed to do that. She wanted Mr. Menth and Mr. Carrigan to know that. Mr. Menth stated that Mr. Becker has proposed that the new structure would be a clay color. His house is brown. His roof is green and he said the roof on the shed would be green. Eventually, he would put siding on the house that would match the new siding on the structure; however, he doesn't know how long that is going to take. Ms. Jackson asked why the siding was going to be different on the accessory structure from the home Mr. Becker stated they are in the process of redoing the exterior of the house, and they will be residing. He hoped to put on a vinyl siding that would be a complementary color, an earth-tone color, but it wouldn't be the exact color. The color for the house is not available in that type of siding. Ms. Jackson asked Ms. Stromberg whether that would be a violation of the stipulation? Ms. Stromberg stated it does not have to be the same exact color, but it has to be a complementary color. Dr. Vos asked if it was Mr. Becker's intention to eventually replace the siding on the house. Mr. Becker replied, yes. As soon as his paint starts to fade, he is going to re-side and that will be in the next couple of years. 32 APPEALS COMMISSION MEETING, APRIL 23, 2003 PAGE 6 Dr. Vos stated Mr. Becker's property is pretty unique in the sense that he cannot use his back yard without a variance. A 6-foot addition on the house doesn't give him much extra room. Even if he wants to built a small tool shed, he has to request a variance. MOTION by Dr. Vos, seconded by Ms. Jackson, to receive into the record the letter dated April 13, 2003, from Mr. Joe Menth. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Dr. Vos, seconded by Ms. Jackson, to receive into the record the sketch of the properties at 147 Chesney Way and 123 Chesney Way submitted by Mr. Joe Menth. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Ms. Jackson, seconded by Dr. Vos, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE PUBLIC HEARING CLOSED AT 8:17 P.M. Ms. Jackson stated this is a very difficult situation because Mr. Becker wants to improve his property, but he doesn't have a typical back yard. Most people could add something to their back yard and it wouldn't be an issue. On the other hand, when he purchased the home, he knew he had two frontages. Also, when the other neighbors moved in, they knew they were facing a back yard so to speak, but they also knew there were rules and regulations that would protect them. She believed the placement of the proposed structure in the corner is a real problem. She doesn't think it is a good place in terms of the neighborhood. If he was adding it much closer to the house, she would probably be in favor of that to give him his rights to add to property. Dr. Vos stated he visited the property, and there are other places to put the structure. The most advantageous for the property owner is to put it in that corner, but that is the most disadvantaged for the frontage off Chesney Way and those neighbors. So, it looks like it's taking more away from the people across the street and less from the petitioner's back yard. He would not vote in favor of this request for the structure to be 9 feet from the back property line. Mr. Kuechle stated he concurred with what has been said. There is certainly some uniqueness about a double frontage property. The petitioner is kind of stuck between a rock and a hard place; because if he did not have the double frontage, he probably wouldn't need a variance. If he does want to put something in his back yard, he is going to need a variance of some kind. Mr. Kuechle stated 9 feet from that property line is just too close, in part because Chesney Way already has only a 24-foot right-of-way which makes it appear even more crowded. Also, there are no 4 or 5 feet that are typically not in the street which are also actually part of the street right-of-way which add to the sort of setback. He, too, would recommend to City Council denial of this variance request. MOTION by Ms. Jackson, seconded by Dr. Vos, to recommend denial of variance request, VAR #03-08, to reduce the front yard setback on a double frontage lot from 59 feet to 9 feet to allow the construction of a 20 ft. by 26 ft. accessory structure on Lot 3, Block 2, Oak Creek Plat 2, generally located at 124 Glen Creek Road. 33 APPEALS COMMISSION MEETING, APRIL 23, 2003 PAGE 7 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Kuechle stated the final decision on the variance will be made by the City Council on May 5. 34- n .. .� � ` AGENDA ITEM cm'oF CITY COUNCIL MEETING OF MAY 5, 2003 FRIDLEY INFORMAL STATUS REPORTS 35