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10/09/2006 - 6112r . . /� � � CffY C3F FRIDLEY FRIDLEY CITY COUNCIL MEETING OF OCTOBER 9, 2006 7:30 p.m. - City Council Chambers Attendance Sheet ALFAS'F AR/NT NAMF, AflflRFSS ANU /TFM NUMB�'R YOU ARF /NT�itFSTFD /N. � T _- •r..• :Print Name iClearly) Address' i��m .No, �� J GL Z-GC �X�7/ N r;d:tli; :5�,%<<, l f��i�> �,4- � ° �v g � �.w. �2 ��2 o c . � � � � �w �,v n� �--•.___. � . �. � ':1_ �� . L. 'L i_ �t.. �� . ( ( ~ -�'.. 1r ✓� �: Ll �' � �''�'�� Gl,'t.,, � J'C� ��'� �lh�ss � �� _'y ��`� C:Cc � �� c� � FRIDLEY CITY COUNCIL MEETING OF OCTOBER 9, 2006 t" � CfiY OF FRIDLEY The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 at least one week in advance. (TTD/763-572-3534) �; °� �� 1, PLEDGE OF ALLEGIANCE. APPROVAL OF PROPOSED CONSENT AGENDA: �1 NEW BUSINESS (CONTINUED): �`p� PROCLAMATIONS: ....................................................................... Columbia Park Medical Group Day — October 14, 2006 Toastmasters Month — October, 2006 �`'� AC.i ,i �-� � J � �1C�� (� � � '✓r.--1,� � f Lu� �%- C-�t-B.� �� f%r G�''"J �/l'G)l.!%/1�� i APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of September 25, 2006 1. Approve 2007 Sixty-Day Agency Action Application Deadlines for the Planning Commission and the Appeals Commission Meetings ... 1-10 2. 3. Approve Metropolitan Livable Communities Act Tax Base Revitalization Account Subgrant Agreement between the City of Fridley and JLT Ea�t�i�re��qad LLC ...................... 11 - 16 � / >/ �� j1 Ec <:k l�i�;�_ t�ko C,.��. `� (i3�O�� j•�" .r� ' "�' (_'1 Approve Change Order No. 1 to the Salt Storage Building Project No. 369 .................... 17 - 18 4. Approve Change Order No. 2 to the 2006 Street Improvement Project No. ST. 2006 — 1 ................................... 19 - 22 5. Resolution in Support of a Minnesota Lawful - Gambling Premise Permit Application for Minnesota Junior Hockey League, Inc., Located at White Owl Ventures, LLC, D/B/A Club Array, 7820 University Avenue N.E. (Ward 3) ................................... 23 - 24 6. Approve Renewal of Rental Property License for 190 and 191 Island Park Drive N.E. (Ward 3) ................................... 25 7. Appointment — City Employees ..... 8. Claims ............................... 9. Licenses 10. Estimates 26 27 28-29 30 ADOPTION OF AGENDA. � ��/��- OPEN FORUM (VISITORS): Consideration of Items not on Agenda —15 Minutes �' _ �'� �� FRIDLEY CITY COUNCIL MEETING OF OCTOBER 9, 2006 PAGE 2 OLD BUSINESS• ^ �p � �� J' ! � �� - u V��• - �-% c� �--"' �--� „� � � 1 11. Resolution Revoking Special Use Permit, SP #03-14, �w� `F� � � .� ° � � �- �� and Approving a New Special Use Permit, SP #06-11, � ( n n�:-� �; ; � -.� �, � - t I �( -�Ps � . a � � for Central Avenue Auto Parts, to Operate a Junkyard �� in an M-1 Zoning District, Generally Located at 1201 73'/z Avenue N.E. (Ward 2) (Tabled August 14, 2006) ................................... 31 - 36 NEW BUSINESS: �� 12. Variance Request, VAR #06-07, by Star Schween, to Reduce the Side Yard Setback on a Corner Lot from 17.5 Feet to 8 Feet to Allow the Relocation of a Garage, Generally Located at 6101 Sixth Street N.E. (Ward 1) ................................... 37 - 52 13. Informal Status Report ....................... 53 � �� j� � % �a s �,- ADJOURN. fi' � 1 2�' �� . � � � � l� � � � CITY COUNCIL MEETING OF OCTOBER 9, 2006 CffY OF FRIDLEI' The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 at least one week in advance. (TTD/763-572-3534) PLEDGE OF ALLEGIANCE. PROCLAMATIONS: Columbia Park Medical Group Day — October 14, 2006 Toastmasters Month — October, 2006 APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of September 25, 2006 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: 1. Approve 2007 Sixty-Day Agency Action Application Deadlines for the Planning Commission and the Appeals Commission Meetings .................................................................................. 1 - 10 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 9, 2006 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 2. Approve Metropolitan Livable Communities Act Tax Base Revitalization Account Subgrant Agreement between the City of Fridley and JLT East River Road LLC ................................................................................... 11 - 16 3. Approve Change Order No. 1 to the Salt Storage Building Project No. 369 ............................................................................... 17 - 18 4. Approve Change Order No. 2 to the 2006 Street Improvement Project No. ST. 2006 — 1 ........................................................ 19 - 22 5. Resolution in Support of a Minnesota Lawful Gambling Premise Permit Application for Minnesota Junior Hockey League, Inc., Located at White Owl Ventures, LLC, D/B/A Club Array, 7820 University Avenue N.E. (Ward 3) ...................................... 23 - 24 6. Approve Renewal of Rental Property License for 190 and 191 Island Park Drive N. E. (Ward 3) ......................................... 25 7. Appointment — City Employees ..................................................................... 26 8. Claims .................................................................................................. 27 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 9, 2006 PAGE 3 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 9. Licenses .................................................................................................. 28 - 29 10. Estimates .................................................................................................. 30 ADOPTION OF AGENDA. OPEN FORUM (VISITORS): Consideration of Items not on Agenda — 15 Minutes OLD BUSINESS: 11. Resolution Revoking Special Use Permit, SP #03-14, and Approving a New Special Use Permit, SP #06-11, for Central Avenue Auto Parts, to Operate a Junkyard in an M-1 Zoning District, Generally Located at 1201 73'/ Avenue N.E. (Ward 2) ............................................................................... 31 - 36 12. Variance Request, VAR #06-07, by Star Schween, to Reduce the Side Yard Setback on a Corner Lot from 17.5 Feet to 8 Feet to Allow the Relocation of a Garage, Generally Located at 6101 Sixth Street N.E. (Ward 1) ....................................................................................................... 37 - 52 13. Informal Status Report ....................................................................................... 53 ADJOURN. CITY OF FRIDLEY . COLUMeIA PARK MEDICAL GROUP DAY OCTOeER �4, 2006 WHEREAS, in 1956, Columbia Park Medical Group started with two physicians, Drs. Lewis Roberts and Earl Eli, as one of the north metro area's first primary care health care clinic; and WHEREAS, in 1960, Columbia Park Medical Group became incorporated by the United States of America and doubled in size; and WHEREAS, in 1966, the group grew to six physicians; and WHEREAS, by the time Columbia Park Medical Group celebrated its 25th anniuersary, it had three clinic locations (Columbia Heights, Fridley, and Brooklyn Park); and WHEREAS, in the last century, Columbia Park Medical Group has opened two new locations, and re-built one building; and WHEREAS, Columbia Park Medical Group has now grown to fiue clinic locations, a state-of-the-art imaging center with ouer 90 physicians, and well ouer 100, 000 patients in the north metro area, with clinics in Fridley, Andouer, Blaine, Brooklyn Park and Columbia Heights; and WHEREAS, Columbia Park Medical Group celebrates its 50th anniuersary on Saturday, October 14, 2006; NOW THEREFORE, BE IT RESOLVED, that I, Scott J. Lund, Mayor of the City of Fridley, hereby proclaim Saturday, October 14, 2006, as COLUMBIA PARK MEDICAL GROUP DAY in the City of Fridley, Minnesota. IN WITNESS WHEREOF, I haue hereunto set my hand and caused the seal of the City of Fridley to be affixed this 9th day of October, 2006. Scott J. Lund, Mayor CITY OF FRIDLEY . TOASTMAST£RS MONT�I OCT0�3£R. 2006 WHEREAS, the vision of the Toastmasters International organization is to empower people to achieve their full potential and realize their dreams; and WHEREAS, since the Toastmasters organization began in 1924, more than three million men and women have benefited from its communication and leadership programs. Members of Toastmasters benefit from improved communications skills, better meeting facilitation skills, and leadership skills. Increased self- confidence is an added dividend,� and WHEREAS, meetings include both prepared and extemporaneous speaking. Speeches are evaluated emphasizing positive immediate feedback and ideas for improvement, all within a supportive environment. Members receive educational manuals from Toastmasters International which offers guidelines for speeches; and WHEREAS, the mission of Toastmasters is to provide a mutually supportive and positive learning environment in which every member has the opportunity to develop communication and leadership skills, which in turn foster self-confidence and personal growth; and WHEREAS, there is a Toastmasters club in Fridley; NOW THEREFORE, BE IT RESOLVED, that I, Scott J. Lund, Mayor of the City of Fridley, hereby proclaim the month of October; 2006, as: in the City ofFridley, Minnesota. TOASTMASTERS MONTH IN WITNESS WHEREOF, I have set my hand and caused the seal of the City ofFridley to be affixed this 9th day of October, 2006. Scott J. Lund, Mayor CITY COUNCIL MEETING CITY OF FRIDLEY SEPTEMBER 25, 2006 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:30 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-at-Large Barnette Councilmember Billings Councilmember Wolfe Councilmember Bolkcom OTHERS PRESENT: William Burns, City Manager Scott Hickok, Community Development Director Richard Pribyl, Finance Director/Treasurer Fritz Knaak, City Attorney Rachel Harris, Environmental Director Deb Skogen, City Clerk Connie Metcalf, 860 West Moore Lake Drive Cynthia Anderson, 5164 Rainier Pass NE Grant Randolph, 191 Island Park Drive #1 CERTIFICATE OF APPRECIATION: Mayor Lund presented a certificate of appreciation to the Knights of Columbus Council #9585 on behalf of the City for their clean-up efforts and participation in the recycling events. PROCLAIMATIONS: Mayor Lund presented the following proclamations: Student Foreign Exchange Week proclamations were presented to: Inna Maslova from Latvia, attending Fridley High School Batuhan Aydin from Turkey, attending Totino-Grace High School Dimitri Rechard from France, attending Totino-Grace High School Anvar Valeyev from Turkmenistan, attending Fridley High School Fire Prevention Week October 8-14, 2006 Accepted by Fire Chief John Berg FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 25, 2006 PAGE 2 PUBLIC SERVICE ANNOUNCEMENT: Deb Skogen, City Clerk, reminded citizens of the upcoming November 7, 2006, Election Day. The City of Fridley will have two new pieces of voting equipment to help citizens with disabilities vote. One piece of equipment will enlarge the print on the ballot for those persons with site problems. Another machine will allow the person to blow into a tube to make his/her vote. This equipment allows those with disabilities to vote independently. Ms. Skogen stated that absentee ballot voting begins on October 6. If anyone will be out of town on November 7 or knows a college student who would like to vote in their home precinct, please contact City Hall to request an absentee ballot. Ms. Skogen stated that election judges are still needed. She said 150 election judges are needed. Election judges must attend a two-hour training workshop. Ms. Skogen thanked the Public Works Department and the Police and Fire Departments for their help in setting up, tearing down and transferring voting equipment. She encouraged residents to get out and vote on November 7. Last year the City had an 85% voter turn out. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of August 14th, 2006 Special City Council Meeting of September 13, 2006 APPROVED. NEW BUSINESS: 1. Special Use Permit Request, SP #06-04, by Brent Anderson, for BDA Development Co., to Allow Limited Outdoor Storage in an M-2, Heavy Industrial Zoning District, Generally Located at 7600 Highway 65 N.E. (Ward 2) William Burns, City Manager, stated the petitioner, Brent Anderson of BDA Development Company, wants to store construction supplies in a 10' by 520' lean-to structure located on his property. He also plans additional outdoor storage on the northwest corner of the site. The Planning Commission held a public hearing on the request at their July 19 meeting and recommended approval. Staff recommends approval subj ect to the following twenty-one stipulations: 1. Petitioner to obtain all necessary building permits prior to construction to proposed lean- to structure. 2. Proposed lean-to shall be 5 feet from the side yard property line and the five-foot area shall be landscaped, irrigated and property maintained. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 25, 2006 PAGE 3 3. Lean-to structure to be completed and all outdoor storage items to be placed inside the structure by October 1, 2007, to avoid further legal action. 4. Lean-to structure shall be maintained as an accessory structure and shall not become part of the principal building. 5. Petitioner to provide City staff with dimensions of the outdoor storage area in the northwest corner of the property, labeled as "E" on the site plan. 6. A landscape plan shall be submitted and approved by City staff prior to issuance of a building permit for the lean-to structure. Engleman ivy to be installed 24" on center on the concrete wall of proposed lean-to. 7. A grading and drainage plan to be submitted and approved by City engineering staff prior to issuance of a building permit for the lean-to structure. 8. Petitioner to provide storm water maintenance agreement for use of storm pond west of the subj ect property. 9. Gutters shall be required on the new lean-to structure to prevent run-off to neighboring properties. 10. Petitioner shall install curb and gutter around site perimeter and hard surface any remaining gravel areas with asphalt or concrete. 11. Gate width and style to be installed to access the rear yard on the east side of the property to meet fire code requirements. Gate shall also be screened with slats installed in order to comply with code requirements by December 31, 2006. Gate shall remain closed, except when being used for access to the yard, to ensure proper screening. 12. Outdoor combustible storage shall meet fire code requirements. 13. Water available for fire protection and distances shall comply with fire code requirement. 14. Access to and through rear yard storage area shall meet fire code requirements. A minimum of 18 feet of clearance shall be provided for one-way traffic or 25 feet clearance for two-way traffic. 15. No off-loading of materials shall take place in front of the principal building or eastern entrance area or service road. 16. No new structure shall be constructed in the "undefined" area on the west side of the property. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 25, 2006 PAGE 4 17. Existing semi-trailers on the site used for storage shall be removed prior to December 31, 2006. Semi-trucks and trailers shall not be permitted for storage purposes on the property. 18. No outdoor storage shall be permitted other than the storage of items used by the businesses located on site. 19. All storage shall be contained within the buildings, this structure as defined in this proposal, or the area identified as "E" in the site plan. 20. Fridley Terrace fence (damaged by BDA), along the south-west edge of property to be repaired or replaced prior to construction of the lean-to structure. 21. Poorly maintained fence along adjacent (Sam's Auto World) site to be removed once concrete wall of lean-to is complete. This fence removal will allow room for landscape maintenance outside o9f the lean-to and for an overall improved site appearance. APPROVED. 2. Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed Assessment for the Street Improvement Project No. ST. 2005 — 3. William Burns, City Manager, stated there are six properties to be assessed a total of $63,213. The amount will be assessed over ten years, at an annual interest rate of 6.5%. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2006-59. 3. Resolution Directing Publication of the Hearing on the Proposed Assessment for the Street Improvement Project No. ST. 2005 — 3. William Burns, City Manager, stated the public hearing for this assessment is scheduled for October 23. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2006-60. 4. Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed Assessment for the Street Improvement Project No. 2006 - 1 William Burns, City Manager, stated that there are 331 properties to be assessed $556,681.07 for a period of ten years at an interest rate of 6.5%. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2006-61. 5. Resolution Directing the Publication of the Hearing on the Proposed Assessment for the Street Improvement Project No. 2006 — 1 FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 25, 2006 PAGE 5 William Burns, City Manager, stated that the public hearing is scheduled for October 23 at 8:30 p.m. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2006-62. 6. Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed Assessment for the Street Improvement Project No. St. 2006-2. William Burns, City Manager, stated that there are twenty properties to be assessed for this project. The cost to be assessed is $30,995.50. It will be assessed over ten years at an annual interest rate of 6.5%. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2006-63. 7. Resolution Directing Publication of the Hearing on the Proposed Assessment for the Street Improvement Project no. ST. 2006 - 2 William Burns, City Manager, stated that the public hearing for this assessment is scheduled for October 23 at 8:30 p.m. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2006-64. 8. Resolution Directing Preparation of the Assessment Roll for the 2006 Nuisance Abatement. William Burns, City Manager, stated that there are twenty-seven properties to be assessed $25,657.54 for these abatement costs. The amount will be assessed for one year at the rate of 6.5%. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2006-65. 9. Resolution Directing Publication of the Public Hearing Notice for the 2006 Nuisance Abatement Costs. William Burns, City Manager, stated that the public hearing for these assessments is scheduled for October 23 at 8:30 p.m. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2006-66. 10. Receive Quotes and Award Project for Modification of Apparatus Doors — Station 1. William Burns, City Manager, stated they anticipated the new aerial truck would be difficult to fit within the existing doors to Fire Station 1. Fire trucks have gotten bigger than they were at the time the City's fire station was constructed. In anticipation of potential difficulties with the doors, Fire Department staff developed specifications for the new aerial truck that would permit the truck to be moved in and out of Station #1. In spite of efforts to reduce the manufactured FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 25, 2006 PAGE 6 height of the aerial, clearance of the doors is only 1". This leaves little room for snow and ice build up or for driver error. Dr. Burns said staff recommends that Council receive the quotes and award a contract in the amount of $44,500 to Maertens-Brenny Construction Company. The contract would provide for the modification of the door height for the two apparatus bay doors and the removal and replacement of the fascia above those doors. This work will provide clearance of 8 inches. We did investigate constructing the modifications in a manner that would stretch clearance to the full height of the roof structure, as requested by Council. We found through solicitation of quotes from two vendors, that this alternative would double the cost of the project. RECEIVED QUOTES AND AWARDED THE PROJECT FOR MODIFICATIOIN OF APPARATUS DOORS — STATION 1 TO MAERTENS-BRENNY CONSTRUCTION COMPANY. 11. Claims (128309 —128623). APPROVED. 12. Licenses. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. Councilmember Bolkcom asked about the difference between the bids for the apparatus doors for Station 1. Chief John Berg stated that they questioned it too. The vendor did not have an explanation other than that was their cost. Councilmember Bolkcom questioned if the quote would be reduced by $2,700 by contracting with Overhead Door for the door work. Chief Berg replied if they were to contract with that specific door company, the quote would be reduced $2,700. A final quote has not been received from the door company. Councilmember Bolkcom questioned if all the renewals on the rental license renewal list were up to code and had no outstanding violations. Chief Berg replied that is correct to the best of his knowledge. MOTION by Councilmember Barnette to approve the consent agenda as presented. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 25, 2006 PAGE 7 ADOPTION OF THE AGENDA: MOTION by Councilmember Bolkcom to adopt the agenda as presented. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM (VISITORS): Grant Rudolph, 191 Island Park Drive, Apartment 1, stated that the renovation of Island Park is going well and everything is looking great. The area is developing into a co-housing community where neighbors know each other, share dinners a few times a week and community decisions are made by members of the community. Not all areas will be co-housing. Several buildings are available for rent. Mr. Rudolph said since things are going better and since there are no health or safety issues, he asked if Council would consider reinstating the rental license. He has invested about $40,000 into the buildings to make them rent worthy. The license could be reinstated based upon inspection and exempting some units. Ten units are currently empty and ready to rent for $595 for one bedroom, $695 for two bedrooms. The problem is when these units sit empty, vandalism occurs. He would like to fill the units before winter. Mayor Lund stated once the units are inspected, Mr. Rudolph could bring this request back to Council for reinstatement of the rental license. Mr. Rudolph stated the re-inspection has been done. He currently owns four buildings, and lost the licenses on two of the buildings because of previous conditions beyond his control. Mayor Lund suggested adding this item to the end of the agenda. Chief Berg stated Mr. Rudolph has put a lot of time and work into the units. An inspection was done at 4:00 p.m. today. He said he had not had time to look at the site; therefore, he could not recommend reinstatement of the license. Councilmember Bolkcom questioned if one of the units was ready for rental and one was not, could they reinstate one license for the unit that was ready. Chief Berg answered that it appears that 191 Island Park Drive has passed all items for inspection. He did not know if there were any outstanding fees to be paid to the City. Dr. Burns, City Manager, stated that there were outstanding water bills. Chief Berg stated that the water bill would need to be collected plus there would also be reinstatement fees for the rental license. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 25, 2006 PAGE 8 Councilmember Bolkcom said if it was approved at the October 9 meeting, could the units be rented out as early as October 15. Mr. Rudolph stated that September 1 is usually the end of the rental season. He said the units could possibly be rented contingent on paperwork to be completed. MOTION by Councilmember Bolkcom to add rental license reinstatement at 190 and 191 Island Park Drive to the agenda as Item No. 15A. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING: 13. Consider Amending the Fridley City Code, Chapter 114, Abandoned Junk or Unsafe Motor Vehicles. MOTION by Councilmember Bolkcom to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 8:10 P.M. Rachel Harris, Environmental Planner, stated that it was staff's desire to synchronize the practice with the code language. Staff inet with the City Attorney. There are three changes proposed. The first one is to remove language referring to a code enforcement officer that we no longer have. The second is to generalize state statue numbers to protect the meaning of the code when the state statue numbers are revised. The third is to revise the junk vehicle section. The current code says that we will auction a towed vehicle and staff does not follow that procedure. Staff recommends that Council consider the proposed ordinance text amendment which amends Chapter 114, Junk Vehicles, of the Fridley City Code to include language that aligns with existing vehicle towing practices. The first reading of the ordinance will be at the October 9 City Council meeting. Councilmember Bolkcom asked if we are changing the language or the way we tow/auction vehicles. Ms. Harris answered that the contracted party tows the vehicle, keeps the vehicles, and auctions them off if they are not claimed. MOTION by Councilmember Barnette to close the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, MAYOR LUND, COUNCILMEMBER WOLFE, AND COUNCILMEMBER BOLKCOM VOTING AYE, COUNCILMEMBER BARNETTE AND COUNCILMEMBER BILLINGS VOTING NAY, MAYOR LUND DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:17 P.M. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 25, 2006 PAGE 9 NEW BUSINESS: 14. Resolution in Support of the U.S. Mayors Climate Protection Agreement to Work Towards Taking Actions in our own Operations and Communities that Target a Reduction in Global Warming Pollution. Rachel Harris, Environmental Planner, introduced Connie Metcalf and Cynthia Anderson who are representing Citizens for Global Solutions. Connie Metcalf, 860 West Moore Lake Drive, stated that Cynthia Anderson and she are both Fridley residents and members of Citizens for Global Solutions. They are promoting the resolution for efforts on stopping global warming. She stated that Citizens for Global Solutions sent a letter to all members asking them to talk to their Mayors to support the proclamation instituted by the Mayor of Seattle. At a conference in Chicago in 2005, all Mayors in attendance voted in favor of this proclamation. Over 300 cities are now in support of this movement, as there is a serious problem in the world regarding global warming. It is up to us to change the direction on where the world is going. The City is already doing a lot to help this situation and should be very proud of its efforts. Cynthia Anderson, 5164 Rainier Pass N.E., briefly discussed the Climate Protection Agreement. It is divided into three parts. The first section includes 11 statements as to why it is important. The second section asks Federal and State Government to take measures to reduce greenhouse gasses. Mayor Lund stated that the plan she is explaining sounded different than the one they received. Ms. Harris replied that the copy in the packet was taken from the City of Seattle website. She apologized for the confusion. Ms. Anderson said that a number of U.S. companies and state and local governments have taken the initiative to reduce global greenhouse gasses with positive economic and quality of life paybacks. Part three lists the kinds of actions Cities may take to meet the Kyoto Protocol. The kinds of actions are descriptive not prescriptive. This agreement is intended to allow the City to develop its own plan depending on priorities, needs and budget. She said they had just started discussing the agreement and came up with some great ideas. She urged Council to support this agreement. It will put Fridley as a leader in the North Metro Area. Mayor Lund stated that he has reviewed the agreement. He thanked Ms. Anderson and Ms. Metcalf for their efforts. He stated that Fridley does a good j ob already, but there is always room for improvement. Councilmember Bolkcom asked about the green tags. Ms. Anderson replied that green tags are a tradable asset. It is a way for firms that generate more green power or wind power than they need to sell the excess production to cities or individuals that want to support the development of green power. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 25, 2006 PAGE 10 Councilmember Bolkcom stated that currently we focus a lot of efforts on recycling, not a lot to reducing. Possibly we could offer more suggestions on how to reduce waste. Ms. Metcalf replied that we could bring up additional ideas. This is not an all inclusive list, just suggestions. Councilmember Bolkcom stated that some of the items will not work She suggested a glossary explaining the programs or referencing the website. Councilmember Barnette stated that using E85 fuel would save on the environment but vehicles do not get the same gas mileage. Some items the Mayors are asking to support have not been ratified by the federal government. The objection of the federal government is that 38% of the emissions are generated by industries and this would harm the industries which may not be in the best interest. Ms. Metcalf gave an example that the City of St. Paul is heating parts of the downtown with wood burning stoves. Some of the trees that fell in Fridley are being used to heat and provide electricity downtown St. Paul. This will reduce fuels and save a lot of energy. Councilmember Wolfe said he was not sure about Global Warming. Ms. Anderson stated that many believe we are facing a Global Warming crisis. Councilmember Billings stated that he does believe in reduce, reuse and recycle. This resolution will minimize the impact on environmental problems. They are asking, however, for Council to pass legislation that has not been seen or read. The Council is not elected to tell others how to perform their jobs nor should they tell congress to pass legislation. He does not believe that there is enough information provided to pass this item. What is Kyoto Protocol? This all sounds good, but he really doesn't know what everything means. Dozens of citizens are opposed to destroying family housing for a warehouse district. Others would need to destroy trees to build houses. This would violate the proposed resolution. It is the right of the land owners to keep their trees, not congress. To pass this, we could be found in a situation where we would be forced to contradict our own goals and objectives. The City is already doing a good job. He would hesitate to pass this item when he is unaware of the conflicts that may be out there. It is hard to pass this item when the earth is changing all the time. We cannot control what happens on the earth, but should continue to support the reduce, reuse and recycle efforts. Ms. Anderson stated that the list is just suggestions and are designed to be descriptive, not prescriptive. The City would be allowed to create a plan. Ms. Metcalf stated that the City could increase bicycle trails and walking trails so people would use their cars less. The City could provide trees to replace trees lost in storms. Councilmember Bolkcom stated that everyone is into recycling to decrease pollution. She stated they would need more information to support this item. She appreciated their efforts, but she could not support this if Council was not knowledgeable on the agreement. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 25, 2006 PAGE 11 Ms. Metcalf responded that the agreement is very comprehensive. They could get some information together that would be more specific. Mayor Lund suggested Council table this item until more information is available. Councilmember Bolkcom asked how much City staff time should be spent on this item. Mayor Lund suggested that Ms. Metcalf and Ms. Anderson research and get more information and then resubmit this item. Councilmember Bolkcom was in agreement as long as City staff time was not extensively used on this item. Mayor Lund stated that the departments did look at the agreement and respond. Councilmember Bolkcom asked to receive a copy of the minutes from the Planning Commission and Environmental Quality and Energy Commission. Councilmember Wolfe stated that the City of Fridley has done a great job and already does a lot of things. He agreed that there were too many questions to pass this item. Councilmember Billings applauded the efforts of Ms. Metcalf and Ms. Anderson and the goals of the organizations. He said he would be more comfortable with a generic version of the resolution. The goals and objectives do have good intentions. Ms. Anderson stated that she had not seen the Seattle version. They will do some research and submit a more generic version. Councilmember Bolkcom suggest that staff work with Ms. Metcalf and Ms. Anderson on a more generic resolution. MOTION by Councilmember Bolkcom to this resolution.. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 15. Preliminary Plat Request, PS #06-01, by John Allen of Industrial Equities, to Combine a Parcel with a Section of Railroad Property, Generally Located at 5110 Main Street N.E. (Ward 3) Scott Hickok, Community Development Director, presented a request from John Allen of Industrial Equities who is seeking to replat the property located at 5110 Main Street to incorporate a portion of property that he is purchasing from Burlington Northern Santa Fe Railroad (BNSF). BNSF has signed off on the preliminary plat application and is in favor of the replat application. The petitioner is seeking this replat to allow for the redevelopment of the subj ect property. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 25, 2006 PAGE 12 Mr. Hickok stated that the subj ect property was originally developed in 1960 as an office/warehouse for a building supply company. In 1978, an addition was constructed to the building, which also involved a variance being granted to reduce the side yard setback requirement from 20 feet to 10.5 feet. The property continued to function as an office/warehouse used to house a building supply company until 2005, when Guardian Building Supply Company vacated the site. The petitioner is seeking this replat to allow the combination of the existing properry and the BNSF right-of-way located west of the subj ect property. The subj ect property is 449,849 square feet (10.33 acres) and the additional rectangular piece of land being acquired from the railroad is 90,593 square feet (2.08 acres). After the replat, the property will be 12.41 acresin size. Mr. Hickok stated City staff recommends approval of this preliminary plat request, with the following stipulation: 1. Petitioner to pay applicable park dedication fees (540,442 sq. ft. x.023 =$12,430.17) prior to issuance of any building permits. Mr. Hickok said the Planning Commission passed this at their meeting of September 6, 2006. Mayor Lund questioned if the properties on either side of this plat are in alignment. Mr. Hickok replied that Kurt Manufacturing did a similar plat and the properties do align with other properties. MOTION by Councilmember Bolkcom to approve Preliminary Plat Request, PS #06-01, by John Allen of Industrial Equities, to combine a parcel with a section of railroad property, generally located at 5110 Main Street N.E. (Ward 3) with the following stipulation: 1. Petitioner to pay applicable park dedication fees (540,442 sq. ft. x.023 =$12,430.17) prior to issuance of any building permits. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 15A. Consider Reinstatement of the Rental License for 190 and 191 Island Park Drive N.E. (Ward 3). Councilmember Bolkcom asked City Attorney Knaak if it would be okay to consider the reinstatement of this license. Fritz Knaak, City Attorney, answered that in actual practice, Council does not take action on non-agenda items. Since this is a non-agenda item, it would not be an appropriate practice to take action on this item. The appropriate action would be to review a new application for a license. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 25, 2006 PAGE 13 Councilmember Bolkcom stated that since all the departments have not had a chance to review the item, it would not be good practice. She is concerned for Mr. Rudolph but Council cannot take action on open forum items. She asked if the property is up to code and if Mr. Rudolph asked for an inspection in a timely manner. Chief Berg stated that they have a procedure to follow regarding inspection. Inspection is scheduled with the same inspector. They work 24 hour shifts. In this case, it was scheduled when the inspector was available and the property was inspected this afternoon. The next procedure is to review the license application and contact other departments for a recommendation. He believes staff can still work with Mr. Rudolph and make this happen by the next City Council meeting. Mr. Rudolph should still be able to rent out the units. Councilmember Wolfe stated that Mr. Rudolph asked if he would be able to still rent out units while the procedure is in process. What happens if the inspection does not pass? The renters cannot be kicked out of their homes. He applauds everything that has been done, but he does not want to go against the policy either. Attorney Knaak stated that the City can require residents to leave the property for safety reasons. This would create a contract and lease violation but the City does have authority to have residents leave under those conditions. Councilmember Bolkcom asked if they did grant the license, would they be under any liability if things went wrong. Attorney Knaak replied no. Councilmember Billings stated that he feels bad about the situation, but there is a good policy in place and advised Mr. Rudolph to go through the process. Mr. Rudolph should correct and continue to fix things, have the re-inspection done and place this item on the agenda for the next meeting. Staff tries to cooperate with the license applicant and if the applicant's livelihood is at stake, in most instances, staff will work with the applicant to make it happen in a timely manner. He thanked Mr. Rudolph for his update and efforts to clean up the area. Mayor Lund stated that the majority of the Council believes that it is out of place to vote on an open forum item. He thanked Mr. Rudolph for all his efforts. Dr. Burns, City Manager, questioned what still needed to be done. Chief Berg replied that they can put more staff time to inspect the properties. There is a tenant issue and they can site the tenant. The other issues are minor. Mr. Rudolph can schedule an additional inspection and they should be able to sign off on the property. Councilmember Bolkcom stated that Mr. Rudolph will still need to come before the Council on October 9 for renewal of the license. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 25, 2006 PAGE 14 16. Informal Status Reports. Dr. Burns, City Manager, stated that the latest edition of the newsletter should be in residents' mailboxes on or after October 2. ADJOURN: MOTION by Councilmember Barnette, seconded by Councilmember Wolfe, to adjourn. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MEETING ADJOURNED AT 9:35 P.M. Respectfully submitted by, Krista J. Monsrud Scott Lund Recording Secretary Mayor � � CffY OF FRIDLEY DATE: TO: FROM: AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 9, 2006 October 2, 2006 William W. Burns, City Manager Julianne Beberg, Planning Assistant SUBJECT: Approval of 2007 60-Day Agency Action Application Deadlines for the Planning and Appeals Commission Meetings Enclosed for your review and approval are the 2007 Planning Commission and Appeals Commission 60-Day Agency Action application deadlines. Enclosures CITY OF FRIDLEY PLANNING 2007 DEVELOPMENT REVIEW SCHEDULE FOR PLANNING COMMISSION AND CITY COUNCIL ACTION City Council meeting dates are contingent upon the outcome of the Planning Commission meeting, and also need of a public hearing before the City Council. Planning Commission meetings start at 7:30 p.m. * Different date due to a holiday. ** Date subject to change. Application Deadline: December 1, 2006 15 Day Completion Notification: December 15, 2006 Publication Deadline: December 14, 2006 Planning Commission Meeting: January 3, 2007 City Council Meeting: January 22, 2007 60 Day Agency Action: January 29, 2007 Application Deadline: December 15, 2006 15 Day Completion Notification: December 29, 2006 Publication Deadline: December 28, 2006 Planning Commission Meeting: January 17, 2007 City Council Meeting: February 12, 2007 60 Day Agency Action: February 12, 2007 Application Deadline: January 5, 2007 15 Day Completion Notification: January 19, 2007 Publication Deadline: January 18, 2007 Planning Commission Meeting: February 7, 2007 City Council Meeting: February 26, 2007 60 Day Agency Action: March 5, 2006 Application Deadline: January 19, 2007 15 Day Completion Notification: February 2, 2007 Publication Deadline: February 1, 2007 Planning Commission Meeting: February 21, 2007 City Council Meeting. March 12, 2007 60 Day Agency Action: March 19, 2007 Application Deadline: February 2, 2007 15 Day Completion Notification: February 16, 2007 Publication Deadline: February 15, 2007 Planning Commission Meeting. March 3, 2007 City Council Meeting. March 26, 2007 60 Day Agency Action: Apri12, 2007 - Page 2- City of Fridley - 2007 Planning Commission Schedule - City Council meeting dates are contingent upon the outcome of the Planning Commission meeting, and also need of a public hearing before the City Council. Planning Commission meetings start at 730 p.m. * Different date due to a holiday. ** Date subject to change. Application Deadline: February 16, 2007 15 Day Completion Notification: March 2, 2007 Publication Deadline: March 1, 2007 Planning Commission Meeting. March 21, 2007 City Council Meeting: Apri19, 2007 60 Day Agency Action: April 16, 2007 Application Deadline: March 2, 2007 15 Day Completion Notification: March 16, 2007 Publication Deadline: March 15, 2007 Planning Commission Meeting: Apri14, 2007 City Council Meeting: Apri123, 2007 60 Day Agency Action: Apri130, 2007 Application Deadline: March 16, 2007 15 Day Completion Notification: March 30, 2007 Publication Deadline: March 29, 2007 Planning Commission Meeting: April 18, 2007 City Council Meeting. May 7, 2007 60 Day Agency Action: May 14, 2007 Application Deadline: March 30, 2007 15 Day Completion Notification: April 13, 2007 Publication Deadline: April 12, 2007 Planning Commission Meeting. May 2, 2007 City Council Meeting. May 21, 2007 60 Day Agency Action: May 28, 2007 Application Deadline: April 13, 2007 15 Day Completion Notification: Apri127, 2007 Publication Deadline: Apri126, 2007 Planning Commission Meeting. May 16, 2007 City Council Meeting: June 11, 2007 60 Day Agency Action: June 11, 2007 Application Deadline: May 4, 2007 15 Day Completion Notification: May 18, 2007 Publication Deadline: May 17, 2007 Planning Commission Meeting: June 6, 2007 City Council Meeting: June 25, 2007 60 Day Agency Action: July 2, 2007 Page 3- City of Fridley - 2007 Planning Commission Schedule City Council meeting dates are contingent upon the outcome of the Planning Commission meeting, and also need of a public hearing before the City Council. Planning Commission meetings start at 730 p.m. * Different date due to a holiday. ** Date subject to change. Application Deadline: May 18, 2007 15 Day Completion Notification: June 1, 2007 Publication Deadline: May 31, 2007 Planning Commission Meeting: June 20, 2007 City Council Meeting: July 9, 2007 60 Day Agency Action: July 16, 2007 NO MEETING ON JULY 4, 2007, DUE TO THE FOURTH OF JULY HOLIDAY! Application Deadline: June 15, 2007 15 Day Completion Notification: June 29, 2007 Publication Deadline: June 28, 2007 Planning Commission Meeting: July 18, 2007 City Council Meeting: August 13, 2007 60 Day Agency Action: August 13, 2007 Application Deadline: June 29, 2007 15 Day Completion Notification: July 13, 2007 Publication Deadline: July 12, 2007 Planning Commission Meeting: August 1, 2007 City Council Meeting: August 13, 2007 60 Day Agency Action: August 27, 2007 Application Deadline: July 13, 2007 15 Day Completion Notification: July 27, 2007 Publication Deadline: July 26, 2007 Planning Commission Meeting: August 15, 2007 City Council Meeting: August 27, 2007 60 Day Agency Action: September 10, 2007 Application Deadline: August 3, 2007 15 Day Completion Notification: August 17, 2007 Publication Deadline: August 16, 2007 Planning Commission Meeting: September 5, 2007 City Council Meeting: September 24, 2007 60 Day Agency Action: October 1, 2007 Page 4- City of Fridley - 2007 Planning Commission Schedule City Council meeting dates are contingent upon the outcome of the Planning Commission meeting, and also need of a public hearing before the City Council. Planning Commission meetings start at 730 p.m. * Different date due to a holiday. ** Date subject to change. Application Deadline: August 17, 2007 15 Day Completion Notification: August 31, 2007 Publication Deadline: August 30, 2007 Planning Commission Meeting: September 19, 2007 City Council Meeting: October 8, 2007 60 Day Agency Action: October 15, 2007 Application Deadline: August 31, 2007 15 Day Completion Notification: September 14, 2007 Publication Deadline: September 13, 2007 Planning Commission Meeting: October 3, 2007 City Council Meeting: October 22, 2007 60 Day Agency Action: October 29, 2007 Application Deadline: September 14, 2007 15 Day Completion Notification: September 28, 2007 Publication Deadline: September 27, 2007 Planning Commission Meeting: October 17, 2007 City Council Meeting: November 5, 2007 60 Day Agency Action: November 12, 2007 Application Deadline: October 5, 2007 15 Day Completion Notification: October 19, 2007 Publication Deadline: October 18, 2007 Planning Commission Meeting: November 7, 2007 City Council Meeting: November 19, 2007 60 Day Agency Action: December 3, 2007 NO MEETING ON NOV. 21, 2007, DUE TO THE THANKSGIVING HOLIDAY! Application Deadline: November 2, 2007 15 Day Completion Notification: November 16, 2007 Publication Deadline: November 15, 2007 Planning Commission Meeting: December 5, 2007 City Council Meeting: Jan. 7, or Jan. 14, 2008 ** 60 Day Agency Action: December 31, 2007 60 Day Agency Action Extension: Feb. 29, 2008 - Page 5— City of Fridley - 2007 Planning Commission Schedule - City Council meeting dates are contingent upon the outcome of the Planning Commission meeting, and also need of a public hearing before the City Council. Planning Commission meetings start at 730 p.m. * Different date due to a holiday. ** Date subject to change. Application Deadline: November 16, 2007 15 Day Completion Notification: November 30, 2007 Publication Deadline: November 29, 2007 Planning Commission Meeting: December 19, 2007 City Council Meeting: Jan 7, or Jan 14, 2008 ** 60 Day Agency Action: January 14, 2008 CITY OF FRIDLEY APPEALS 2007 DEVELOPMENT REVIEW SCHEDULE FOR APPEALS COMMISSION AND CITY COUNCIL ACTION The Appeals Commission has final action on residential requests, unless there are objections from surrounding neighbors or the petitioner does not agree with the Commission's decision. If any of these events occur, the request will continue to the City Council, with only a recommendation from the Appeals Commission. Appeals Commission meetings start at 7:30 p.m. * Different date due to holiday. ** Date subject to change. All commercial or industrial requests will always continue to the City Council. Application Deadline: December 8, 2006 15 Day Completion Notification: December 22, 2006 Appeals Commission Meeting: January 10, 2007 City Council Meeting: January 22, 2007 60 Day Agency Action: February 5, 2007 Application Deadline: December 22, 2006 15 Day Completion Notification: January 5, 2006 Appeals Commission Meeting: January 24, 2007 City Council Meeting: February 12, 2007 60 Day Agency Action: February 19, 2007 Application Deadline: January 12, 2007 15 Day Completion Notification: January 26, 2007 Appeals Commission Meeting: February 14, 2007 City Council Meeting: February 26, 2007 60 Day Agency Action: March 12, 2007 Application Deadline: January 26, 2007 15 Day Completion Notification: February 9, 2007 Appeals Commission Meeting: February 28, 2007 City Council Meeting. March 12, 2007 60 Day Agency Action: March 26, 2007 Application Deadline: February 9, 2007 15 Day Completion Notification: February 23, 2007 Appeals Commission Meeting. March 14, 2007 City Council Meeting. March 26, 2007 60 Day Agency Action: Apri19, 2007 - Page 2— City of Fridley — 2007 Appeals Commission Schedule - The Appeals Commission has final action on residential requests, unless there are objections from surrounding neighbors or the petitioner does not agree with the Commission's decision. If any of these events occur, the request will continue to the City Council, with only a recommendation from the Appeals Commission. Appeals Commission meetings start at 7:30 p.m. * Different date due to holiday. ** Date subject to change. All commercial or industrial requests will always continue to the City Council. Application Deadline: February 23, 2007 15 Day Completion Notification: March 9, 2007 Appeals Commission Meeting. March 28, 2007 City Council Meeting: Apri19, 2007 60 Day Agency Action: Apri123, 2007 Application Deadline: March 9, 2007 15 Day Completion Notification: March 23, 2007 Appeals Commission Meeting: April 11, 2007 City Council Meeting: Apri123, 2007 60 Day Agency Action: May 7, 2007 Application Deadline: March 23, 2007 15 Day Completion Notification: Apri16, 2007 Appeals Commission Meeting: Apri125, 2007 City Council Meeting. May 7, 2007 60 Day Agency Action: May 21, 2007 Application Deadline: Apri16, 2007 15 Day Completion Notification: Apri120, 2007 Appeals Commission Meeting. May 9, 2007 City Council Meeting. May 21, 2007 60 Day Agency Action: June 4, 2007 Application Deadline: Apri120, 2007 15 Day Completion Notification: May 4, 2007 Appeals Commission Meeting. May 23, 2007 City Council Meeting: June 11, 2007 60 Day Agency Action: June 18, 2007 Application Deadline: May 11, 2007 15 Day Completion Notification: May 25, 2007 Appeals Commission Meeting: June 13, 2007 City Council Meeting: June 25, 2007 60 Day Agency Action: July 9, 2007 - Page 3— City of Fridley - 2007 Appeals Commission Schedule - The Appeals Commission has final action on residential requests, unless there are objections from surrounding neighbors or the petitioner does not agree with the Commission's decision. If any of these events occur, the request will continue to the City Council, with only a recommendation from the Appeals Commission. Appeals Commission meetings start at 7:30 p.m. * Different date due to holiday. ** Date subject to change. All commercial or industrial requests will always continue to the City Council. Application Deadline: May 25, 2007 15 Day Completion Notification: June 8, 2007 Appeals Commission Meeting: June 27, 2007 City Council Meeting: July 9, 2007 60 Day Agency Action: July 23, 2007 Application Deadline: June 8, 2007 15 Day Completion Notification: June 22, 2007 Appeals Commission Meeting: July 11, 2007 City Council Meeting: July 23, 2007 60 Day Agency Action: August 6, 2007 Application Deadline: June 22, 2007 15 Day Completion Notification: July 6, 2007 Appeals Commission Meeting: July 25, 2007 City Council Meeting: August 13, 2007 60 Day Agency Action: August 20, 2007 Application Deadline: July 6, 2007 15 Day Completion Notification: July 20, 2007 Appeals Commission Meeting: August 8, 2007 City Council Meeting: August 27, 2007 60 Day Agency Action: September 3, 2007 Application Deadline: July 20, 2007 15 Day Completion Notification: August 3, 2007 Appeals Commission Meeting: August 22, 2007 City Council Meeting: September 10, 2007 60 Day Agency Action: September 17, 2007 Application Deadline: August 10, 2007 15 Day Completion Notification: August 24, 2007 Appeals Commission Meeting: September 12, 2007 City Council Meeting: September 24, 2007 60 Day Agency Action: October 8, 2007 - Page 4- City of Fridley - 2007 Appeals Commission Schedule - The Appeals Commission has final action on residential requests, unless there are objections from surrounding neighbors or the petitioner does not agree with the Commission's decision. If any of these events occur, the request will continue to the City Council, with only a recommendation from the Appeals Commission. Appeals Commission meetings start at 7:30 p.m. * Different date due to holiday. ** Date subject to change. All commercial or industrial requests will always continue to the City Council. Application Deadline: August 24, 2007 15 Day Completion Notification: September 7, 2007 Appeals Commission Meeting: September 26, 2007 City Council Meeting: October 8, 2007 60 Day Agency Action: October 22, 2007 Application Deadline: September 7, 2007 15 Day Completion Notification: September 21, 2007 Appeals Commission Meeting: October 10, 2007 City Council Meeting: October 22, 2007 60 Day Agency Action: November 5, 2007 Application Deadline: September 21, 2007 15 Day Completion Notification: October 5, 2007 Appeals Commission Meeting: October 24, 2007 City Council Meeting: November 5, 2007 60 Day Agency Action: November 19, 2007 Application Deadline: October 12, 2007 15Day Completion Notification: October 26, 2007 Appeals Commission Meeting: November 14, 2007 City Council Meeting: December 3, 2007 60 Day Agency Action: December 10, 2007 Application Deadline: October 26, 2007 15 Day Completion Notification: November 9, 2007 Appeals Commission Meeting: November 28, 2007 City Council Meeting: December 10, 2007 60 Day Agency Action: December 24, 2007 Application Deadline: November 9, 2007 15 Day Completion Notification: November 21, 2007 * Appeals Commission Meeting: December 12, 2007 City Council Meeting: Jan. 7 or Jan. 14, 2008 ** 60 Day Agency Action: January 7, 2008 60 Day Agency Action Extension: March 10, 2008 No meeting on December 26th due to the Christmas holiday! � � CffY OF FRIDLEY DATE: TO: FROM: SUBJECT: AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 9, 2006 October 4, 2006 William W. Burns, City Manager Scott J. Hickok, Community Development Director Subgrant Agreement — JLT East River Road LLC — Tax Base Revitalization Account INTRODUCTION Last Spring the City Council authorized staff to facilitate a$250,000 grant application to the Metropolitan Council's Tax Base Revitalization Account (TBRA) Program, to assist JLT East River Road LLC in obtaining funds for clean-up of asbestos on the former Tiro Industries site. Though the Metropolitan Council did not grant the entire amount requested, they did grant $168,000 to assist with 7LT's site clean-up efforts. This agreement reiterates terms within our principal agreement between the City and the Metropolitan Council and further outlines responsibilities for the Subgrantee (a.k.a. 7LT East River Road LLC). This agreement has been reviewed by both Fritz Knaak and Jay Lindgren, Dorsey and Whitney, for the 7LT Group. BACKGROUND On June 28th° the City Council approved an agreement with the Metropolitan Council that identified the responsibilities attached to the $168,000.00 grant. Because 7LT cannot directly obtain the grant funds from the Metropolitan Council, but are required to work through the City, the City takes on the role of the administrator of the funds. As we have done with past successful recipients of TBRA grants, we have prepared an agreement between the City and the Subgrantee. This agreement reiterates terms within the principal agreement between the City and the Metropolitan Council and further outlines responsibilities specifically for the Subgrantee. Proof of completion of remediation, accurate accounting/record-keeping, and monitoring of redevelopment to assure proper storm water discharge are examples of responsibilities that we take on in our role of a grantee. The subgrant agreement places 7LT in the line of responsibility to assure completion of these tasks. On a similar, but separate note, you may also recall that 7LT is between its first and second reading of a rezoning from Industrial to Commercial. As a stipulation to the rezoning, JLT representatives were to report their progress to the City in early October Subgrant Agreement October 4, 2006 PAGE 2 2006. To meet this requirement, 7LT has provided an update. That update letter has been provided in this week's reading file. Simply put, 7LT has been working with a number of retailers and is optimistic that by their September 2007 deadline, they will be able to return to the City Council with a retail development. RECOMMENDATION Staff recommends that the City Council approve the attached Sub-grant Agreement and authorize its execution. Y �y� r.: �� . ........, . ... � . �� - � September 13, 2006 Scott Hickok Community Development Director City of Fridley 6431 University Avenue NE Fridley, MN 55432-4384 Re: 5601 East River Road; Rezoning, 20A #05-03 Dear Mr. Hickok: This letter is written in response to your letter dated September 26, 2005. As stated in that letter, JLT Group Inc. is required to provide a written update prior to October 1, 2006, on the steps being taken prior to•submission of a final site plan for the referenced site. JLT Group has been actively marketing the project site. The response has been very favorable. We are in the position to work closely with potential partners in order to deliver a project that is consistent with the concept plans we have presented and with the discussions held with the City Council. In the meantime, significant work has continued on the site, including environmental remediation and demolition. JLT Group intends to meet all requirements outlined by the City Council on September 12, 2005 (as reflected in your September 26, 2005 letter). These actions are planned to occur prior to September 12, 2007, in order for second reading of the rezoning ordinance to proceed as directed by Council. Please contact me if I can provide any further information. Best Re ds, s Jos ph Meyer JM/mem cc Jay Lindgren, Esq. www jltgroupinc.com 651.641.1111 651.641.124-4- Fax 10 River Park Plaza Suite 800 St. Paul, MN 55107 METROPOLITAN LIVABLE COMMUNITIES ACT TAX BASE REVITALIZATION ACCOUNT SUBGRANT AGREEMENT This Subgrant Agreement is made and entered into by the City of Fridley (Grantee) and JLT East River Road LLC (Subgrantee). Whereas, the Grantee submitted an application for Tax Base Revitalization Account funds from the Metropolitan Council's Metropolitan Livable Communities Fund; Whereas, the application sought funds to support the remediation of asbestos and lead-based paint at the Subgrantee's development proj ect at 5601 East River Road in Fridley, Minnesota; Whereas, the Metropolitan Council awarded the Grantee $168,000.00 from the Tax Base Revitalization Account on June 28, 2006, for the 5601 East River Road site project; Whereas, the Grantee is eligible to make a written request for disbursement of the grant funds; Whereas, Subgrantee has made submittals to the Grantee documenting that the remediation has been completed and that it has incurred remediation costs equal to the Tax Base Revitalization Account grant; Now Therefore, in consideration of this agreement, the parties agree as follows: AGREEMENT L Definitions 1.01 Definition of Terms: For purposes of this agreement, the terms defined in this paragraph have the meanings given them in this paragraph unless otherwise provided or indicated by the context. (a) "Proj ect" means work undertaken by Subgrantee at property located at 5601 East River Road in Fridley, Minnesota, to redevelop an existing asbestos and lead-based paint contaminated industrial facility and construct a proposed multi-use development of retail, service and office. (b) "Remediation of Asbestos" means the removal and disposal of asbestos-containing materials present in floor tiles, thermal insulation, steam lines and process piping by a licensed asbestos abatement contractor in accordance with asbestos abatement rules and regulations of the Minnesota Pollution Control Agency and the Minnesota Department of Health. (c) "Remediation Costs" means the amount incurred to remove and dispose of asbestos- containing materials and lead-based paints by licensed contractors working in accordance with asbestos abatement rules and regulations of the Minnesota Pollution Control Agency and Minnesota Department of Health. (d) "Grant Funds" means the grant award from the Metropolitan Council. (e) "Grant Agreement" means the Agreement executed on August 23, 2006, by the Metropolitan Council and the City of Fridley designated Grant No. SG 006-075. II. Subgrant Funds 2.01 Total Amount: The Grantee will disburse to Subgrantee a total sum of $168,000.00 in grant funds from the Tax Base Revitalization Account of the Metropolitan Livable Communities Fund. 2.02 Authorized Use of Funds: The Subgrantee will use the grant funds only for costs related to remediation of asbestos-containing materials or lead-based paints at the Project. IIL Accounting, Audit and Reporting Requirements 3.01 Accounting and Records: The Subgrantee agrees to provide relevant and necessary information to the Grantee to assist the Grantee in meeting the Grantee's accounting and record- keeping obligations relating to the receipt and expenditure of all grant funds received from the Metropolitan Council as described in the Grant Agreement. 3.02 Reporting: The Subgrantee agrees to provide relevant and necessary information to the Grantee to assist the Grantee in meeting the Grantee's obligations to make written reports to the Metropolitan Council as described in the Grant Agreement. 3.03 Certification of Completion: The Subgrantee agrees to provide relevant and necessary information to the Grantee to assist the Grantee in meeting its obligations to submit Certificates of Completion for the project as described in the Grant Agreement. IV. Agreement Term 4.01 Term: This agreement is effective upon execution by Grantee and Subgrantee. Unless terminated pursuant to Paragraph 4.02 or extended by written request and confirmation pursuant to this paragraph, this agreement will terminate when the Grantee has discharged its obligations under Section III and Section V. 4.02 Termination: This agreement may be terminated by the Grantee or Subgrantee for cause at any time upon fourteen (14) calendar days' written notice to the other party. Cause shall mean a material breach of this agreement, and any amendments of this agreement, and includes failure to make reasonable and timely progress in performing and completing the mutual obligations the parties have undertaken in this agreement. The parties shall have the right and obligation to cure any and all defaults during the fourteen-day notice period without incurring penalty. 4.03 Amendments: The Grantee and Subgrantee may amend this agreement by mutual agreement. Changes or modifications of this agreement shall be effective only in the execution of written amendments signed by authorized representatives of the Grantee and Subgrantee. 2 V. Grant Disbursement 5.01 Written Request: The Grantee will make a written request for disbursement of funds consistent with the Grant Agreement, Section 2.05, upon receipt of invoices documenting remediation costs. 5.02 Effect of Disbursement: Disbursement of funds to the Subgrantee neither implies any Grantee responsibility for contamination of the project site nor imposes any obligations on the Grantee for cleanup costs beyond whatever liability, if any, that might be found to exist under statutory or common law. VL General Provisions 6.01 Liability: The Subgrantee shall defend, indemnify and hold the Grantee harmless from and against claims, damages, losses and expenses arising out of or resulting from the remediation of asbestos undertaken pursuant to the Grant Agreement. Claims included in this indemnification include those asserted under the Minnesota Environmental Response and Liability Act, the federal Comprehensive Environmental Response, Compensation and Liability Act, and the federal Resource Conservation and Recovery Act. This obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which otherwise would exist between the Grantee and Subgrantee. This indemnification shall not be construed as a waiver on the part of the Grantee or Subgrantee of any immunities or limits on liability provided by applicable state or federal law. 6.02 Warranty of Legal Capacity: The individual signing this agreement on behalf of the Grantee and the individual signing this agreement on behalf of the Subgrantee warrant on the respective party's behalf that the individuals are duly authorized to execute this agreement on the respective party's behalf and that this agreement constitutes the Grantee's and Subgrantee's valid, binding, and enforceable agreements. In Witness Whereof, the Grantee and Subgrantee have caused this agreement to be executed by their duly authorized representatives. This agreement may be signed in counterparts and is effective upon the date of final execution by the parties. CITY OF FRIDLEY, MINNESOTA : Scott Lund, Mayor Date: : William Burns, City Manager 7LT EAST R1VER ROAD LLC : Gerald L. Trooien Date: � � CffY OF FRIDLEI' TO: FROM: DATE: SUBJECT AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 9, 2006 William W. Burns, City Manager Jon H. Haukaas, Public Works Director October 9, 2006 Change Order #1 to Salt, Storage Building Project No.369 PW06-062 Our Contractor, Greystone Construction, began work this past week on installing the foundation piers for the Salt Storage Building for Public Works. During the excavation we found that there was a significant amount of poorer wet soils with inadequate cohesiveness to support the earth while pouring the support piers. A test hole had been dug prior to bidding but these soils were not encountered there and so not anticipated when the project was bid. As a result, we have had to have the pier foundations re-engineered. Instead of a standard drilled concrete pier poured against the existing earth we need to use a helical pier combined with a "sonotube" form. The total increase in cost is $4,889.00 and breaks down as follows: 1. 9 Helical Anchors at $250.00 each =$2,250.00 2. 56 LF of 36" Diameter Sonotube Forms @$19/LF =$1,064.00 3. 15 CY Additional Concrete @$105.00 /CY =$1,575.00 The original bid was $104,510. The change order would bring the contract amount up to $109,399.00. $175,000.00 was budgeted on the 2006 CIP for the project. Recommend the City Council approve Change Order No. 1 to the Salt Storage Building Project No. 369 contract with Greystone Construction in the Amount of $4,889.00. JHH; jb Attachments CITY OF FRIDLEY ENGINEERING DEPARTMENT 6431 UNIVERSITY AVENUE N.E. FRIDLEY, MN 55432 Greystone Construction Company 500 S. Marschall Road, Suite 300 Shakopee, MN 55379 SUBJECT:Change Order No. 1—Salt, Storage Building Project No.369 Gentlemen: You are hereby ordered, authorized, and instructed to modify your contract for the Salt, Storage Building Project No. 369 Improvements by adding the following work: Addition: Work Item No. Item Additional Fees 1 9 Helical Anchors at $250.00 each =$2,250.00 $ 2,250.00 2 56 LF of 36" Diameter Sonotube Forms @$19/LF $ 1,064.00 3 15 CY Additional Concrete @$105.00 /CY $ 1,575.00 TOTAL � 4,889.00 Submitted and approved by Jon H. Haukaas, Public Works Director, on the 9th day of October, 2006. Jon H. Haukaas, P.E. Director of Public Works Approved and accepted this day of , 2006_by Maertens Brenny Construction Company. Approved and accepted this day of , 2006 by CITY OF FRIDLEY Scott J. Lund, Mayor Wlliam W. Burns, City Manager f � �� FRI�EY TO: FROM: DATE: SUBJECT: � - r AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 9, 2006 William W. urns, City Mana.ger � � Jon H. aukaas, Public Works Director October 9, 2006 Change Order #1 to Sa1t, Storage Building Project No.369 PW06-062A Our Contractor, Greystone Construction, began work this past week on installing the foundation piers for the Salt Storage Building for Public Works. During the excavation we found that there was a significant amount of poorer wet soils with inadequate cohesiveness to support tlie earth while pouring the support piers. A test hole had been dug prior to bidding but these soils were not encountered there and so not anticipated when the project was bid. As a result, we have had to have the pier founda.tions re-engi.neered. Instead of a standazd drilled concrete pier poured against the existing earth we need to use a helical pier combined with a "sonotube" form. The total increase in cost is $5,111.00 and breaks down as follows: 1. 18' Pier Extensions = $1,115.00 2. 9 Helical Anchors at $250.00 each =$2,250.00 3. 32 LF of 36" Diameter Sonotube @$19/LF =$608.00 4. 5 LF of 42" Diameter Sonotube @$36/LF =$180.00 5. 4 CY Additional Concrete @$105 /CY =$420.00 6. 8 Man Hours Labor @$67.25/Hr =$538.00 The origi.nal bid was $104,510. The change order would bring the contract amount up to $109,621.00. $175,000.00 was budgeted on the 2006 CLP for the project. Recommend the City Council approve Change Order No. 1 to the Salt Storage Building Project No. 369 contract with Crreystone Construction in the Amount of $5,111.00. JHH; jb Atta.chments ;% - �" CITY OF FRIDLEY ENGINEERING DEPARTMENT 6431 UNIVERSITY AVENUE N.E. FRIDLEY, MN 55432 Greystone Construction Company 500 S. Marschali Road, Suite 300 Shakopee, MN 55379 SUBJECT: Change Order No. 1�alt, Storage Buitding Project No.369 Gentlemen: You are hereby ordered, authorized, and instructed to modify your contract for the Satt, Storage Building Project No. 369 Improvements by adding the following work: Submitted and approved by Jon H. Haukaas, Public Works Director, on the 9th day of October, 2006. Addition: 1 18' Pier Extensions $1,115.00 2 9 Helical Anchors at $250.00 each � $2,250.00 3 32 LF of 36" Diameter Sonotube $19/LF $608.00 . 4 5 LF of 42" Diameter Sonotube $36/LF $180.00 5 4 CY Additional Concrete $105 /CY $420.00 6 8 Man Hours Labor @ $67.25/Hr $538.00 - TOTAL � 5,111.00 Jon H. Haukaas, P.E. Director of Pubfic Works Approved and accepted this day of , 2006 by Maertens Brenny Construction Company. Approved and accepted this day of , 2006 by CITY OF FRIDLEY Scott J. Lund, Mayor William W. Burns, City Manager � � CffY OF FRIDLEI' TO: FROM: DATE: SUBJECT: AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 9, 2006 William W. Burns, City Manager Jon H. Haukaas, Public Works Director Layne Otteson, Assistant Public Works Director October 9, 2006 2006 Street Improvement Proj ect - Change Order #2 I',L�L17s17s1 Attached is change order No. 2 for the 2006 Neighborhood Street Improvement Proj ect No. ST. 2006-1. This change order combines several requests from Park Construction since the last change order. The requests generally are due to underground conflicts which are not identifiable during the design process, repairs to utility services, and drainage corrections. Each request has been reviewed and approved by City staff. The total cost for the extra work is $14,949.74 and is comprised of the following items: Request #9 Park Construction Company furnished and installed a 84 inch drainage structure 404D-2 and 404A as a revision from the original 60 inch drainage structure. Cost for this work is $7,445.38 Request #10 Park Construction Company was required to do excavate and grade slopes around an apron for an existing 15" storm outlet into Meadowland Park Park Construction also was required to furnish and place 3.5 CY of Class 3 rip rap around the apron. Cost for this work is $993.77 Request #11 Park Construction Company was required to do E�tra Work to re-align a precast top slab for e�sting catch basin 252A on Overton Drive. The catch basin will fall in driveway for 850 Overton Drive. The City of Fridley ordered the contractor to furnish and install modified casting which is to be paid at unit prices. Cost for this work is $202.72 Request #12 Park Construction Company was required to remove curb and gutter at north radi and 62' curb and gutter at the south radius at the intersection of Kennaston and Overton because of very little grade (0.33%) as verified by staking notes, to drain intersection. Cost for this work is $328.96 Request #13 Park Construction Company was required to remove 7' of curb and gutter, 27 SF of 4"sidewalk, and 22 SY of concrete driveway at 6701 Overton Drive. City staff determined that the concrete apron shall be replaced at the new grade. Cost from this work is $443.70 Request #14 Park Construction Company was required to repair the existing sanitary sewer service for 764 63rd Avenue. The sanitary service is located right at the water table and existing 4" Transite pipe had a break about 10' south of the existing 6" VCP. Park Construction used 2' of 6" PVC, 13' of 4" PVC and approximately 9 CY of 1'/z" clean rock for dewatering and stabilization. Cost for this work is $2,339.89 Request #15 Park Construction Company was required to replace the riser pipe and install an operating rod and a new cap on the existing 1" curb stop for #6415 Jackson Street. The valve was not damaged. This curb stop was not marked and was damaged during the roadway excavation and will fall within the new curb line. The supplies for the 1" curb stop riser pipe and operating rod and cap was provided by Park Construction Company. The cost for this work is $317.23 Request #16 Park Construction Company was required to replace the riser pip and cap on existing curb box for 752 - 63ra Avenue. The valve was not damaged. This curb stop was damaged by others. Park Construction installed riser pipe and cap that was furnished by the City of Fridley. Cost for this work is $418.89 Request #17 Park Construction Company was required to remove concrete curb and gutter and concrete valley gutter from Madison Street north of Rice Creek Terrace. The plan was revised from a street section with curb and gutter to a 120' bituminous driveway section requiring the additional removals. Cost for this work is $743.80 Request #18 Park Construction Company was required to saw and remove concrete curb and concrete driveways at various locations on Madison Street, Washington Street, Pandora Drive, Overton Drive, and Kennaston Drive. Cost for this Work is $1,715.40 Recommend the City Council approve Change Order #2 to Park Construction in the amount of $14,949.74 for a revised contract amount is now increased to $ 3,154,308.47 LRO; j b Attachments CITY OF FRIDLEY ENGINEERING DEPARTMENT 6431 UNIVERSITY AVENUE N.E. FRIDLEY, MN 55432 Park Construction Company 6431 University Ave. NE Fridley, MN 55432 SUBJECT: Change Order No. 2— 2006 Street Improvement Project No. ST2006-1 Gentlemen: October 9, 2006 You are hereby ordered, authorized, and instructed to modify your contract for the 2006 Street Improvement Project No. ST2006-1 by adding the following work: Request Item Description Cost No. 9 Add structure 404A and revised structure 404D-2 $ 7,445.38 10 Graded, furnish and placed rip rap around existing storm outlet � 993.77 11 Re-align precast top slab for CB 252A at Overton Drive $ 202.72 12 0.33% grade at intersection of Kennaston & Overton affecting drainage � 328.96 13 Installed new concrete apron for 6701 at new grade $ 443.70 14 Repair existing sanitary sewer service for 764 63�d Avenue $ 2,339.89 15 Replaced riser pipe, operating rod and cap on existing 1" curb stop for � 317.23 6415 Jackson Street 16 Replaced riser pipe, operating rod and cap on existing 1" curb stop for 752 63�d Avenue $ 418.89 Removal of concrete curb and gutter and concrete valley gutter of � 7 Madison $ 743.80 Sawing and removal of concrete curb and gutter and driveways at various � $ locations $ 1,715.40 TOTAL � 14,949.74 Submitted and approved by Jon H. Haukaas, Public Works Director, on the 9th day of October, 2006. Jon H. Haukaas, P.E. Director of Public Works Approved and accepted this day of , 2006_by Park Construction Company. Approved and accepted this day of , 2006 by CITY OF FRIDLEY Scott J. Lund, Mayor Wlliam W. Burns, City Manager � � CffY OF FRIQLEY T0: FROM: DATE: AGENDA ITEM CITY COUNCIL MEETING OF October 9, 2006 WILLIAM W. BURNS, CITY MANAGER RICHARD D. PRIBYL, FINANCE DIRECTOR DEB SKOGEN, CITY CLERK SEPTEMBER 27, 2006 RE: MINNESOTA JUNIOR HOCKEY LEAGUE, INC., APPLICATION FOR PREMISE PERMIT AT WHITE OWL VENTURES, LLC DBA CLUB ARRAY, 7820 UNIVERSITY AVENUE NE (FORMERLY KNOWN AS THE MAIN EVENT) Section 30 of the Fridley City Code allows Lawful Gambling by a licensed organization. The Italian American Club Foundation was conducting lawful gambling at Club Array (Formerly the Main Event) located at 7820 University Avenue NE. Their Charitable Gambling Premise Permit was terminated by Club Array on August 30, 2006. A Premise Permit application was received on September 26, 2006, from Minnesota Junior Hockey League, Inc. They currently have a lawful gambling license with for Pasquale's Sports Bar in Blaine, Minnesota at Northtown Mall and have completed a compliance review for 2004- O5. State law requires a resolution from the City Council approving the premise permit. If approved, the premise permit would run in conjunction with their current license. Please find a resolution for the approval of this premise permit. RESOLUTION NO. 2006 - RESOLUTION IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT APPLICATION FOR MINNESOTA JUNIOR HOCKEY LEAGUE, INC., LOCATED AT WHITE OWL VENTURES, LLC, DBA CLUB ARRAY, 7820 UNIVERSITY AVENUE NE WHEREAS, the City of Fridley has been served with a copy of an Application for a Minnesota Lawful Gambling Premise Permit for the Minnesota 7unior Hockey League, Inc.; and WHEREAS, the location of the Premise Permit is for White Owl Ventures, Inc., dba Club Array, 7820 University Avenue NE; and WHEREAS, Minnesota 7unior Hockey League, Inc., currently holds a state lawful gambling license and conducts lawful gambling at Pasquale's Sports Bar in Blaine, Minnesota, which will expire January 31, 2007; and WHEREAS, Minnesota Junior hockey League, Inc., is requesting to reapply to the state for their new license which would expire January 31, 2009; and WHEREAS, the City of Fridley has found no reason to restrict the location for the charitable gambling operation. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley approves the Minnesota Lawful Gambling Premise Permit Application for the Minnesota 7unior Hockey League, Inc., located at White Owl Ventures LLC dba Club Array, 7820 University Avenue NE for their current license year expiring January 31, 2007, and for the new license period which would expire January 31, 2009. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 9TH DAY OF OCTOBER 2006. SCOTT J. LUND - MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK � � CffY OF FRIDLEI' To: From Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF October 9, 2006 RENTAL PROPERTY LICENSE William W. Burns, City Manager John Berg, Fire Chief October 5, 2006 Renewal of Rental Property License for the property located at 190 & 191 Island Park Drive The properties generally located at 190 Island Park Drive and 191 Island Park Drive have been inspected and are clear of all Rental Property Maintenance Code violations and all fees associated for the inspections have been paid. In addition Firefighter Walt Messer checked each unit tenancy for compliance with the license revocation. The Police, Community Development and Finance Departments have been contacted and have given no reason to withhold the property licenses. Staff is recommending that the Rental Property Licenses for 190 Island Park and 191 Island Park be approved for the license period ending June 30, 2007. � � CffY OF FRIDLEI' Name Jonathon McMahon Benjamin Works AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 9, 2006 Position Patrol Officer Patrol Officer Appointment Starting Salary $19.91 per hour 2006 Contract $22.73 per hour 2006 Contract Starting Date Replaces Oct.10, Robert 2006 Jarrett Oct.10 David 2006 Sorensen � AGENDA ITEM COUNCIL MEETING OF OCTOBER 9, 2006 CffY OF FRIDLEI' CLAIMS 128626 -128843 � � CffY QF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 9, 2006 LICENSES Type of License FOOD ESTABL/SHMENT Fuji Food Products, Inc. 1116 N Armando St. Anaheim, CA 92806 (Target Super Store 755 53rd Av N E Fridley, MN 55432) TREE SERV/CE Reach Tree Service 199 I vy Av W St. Paul, MN 55117 � Approved By: Kenny Sung Public Safety Director Fire Inspector Community Development Shawn Jendro Public Works Director MOTOR VEH/CLE BODYREPA/R Simba Collision Pius Raini Public Safety Director 7869 Beech St. Community Development Fridley, MN 55432 Fire Inspector � AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 9, 2006 �°F LICENSES FRIDLEI' � � CffY OF FRIDLEI' AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 9, 2006 ESTI MATES Park Construction, Inc. 500 — 73rd Avenue N.E., Suite 123 Fridley, MN 55432 2006 Street Improvement Proj ect No. ST. 2006 — 1 EstimateNo. 6 ..................................................................................... Midwest Asphalt 5929 Baker Road Suite 420 Minnetonka, MN 55345 Third Street HRA Proj ect No. 3 69 EstimateNo. 2 ..................................................................................... Shank Contractors 3501 — 85th Avenue North Brooklyn Park, MN 55443 $675,219.44 $ 73,705.52 Fridley Commons Park WTP Upgrade Estimate Nos. 9 & 10 ............................................................................ $101,100.00 � � CffY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF OCT. 9, 2006 Date: October 5, 2006 To From Subj ect: William Burns, City Manager Scott Hickok, Community Development Director Julie Jones, Planning Coordinator Revocation of Special Use Permit SP #03-14 for Central Auto Parts to Operate a Junkyard in an M-1 Zoning District, Generally Located at 1201-73 '/2 Avenue NE Background On June 12, 2006, the Fridley City Council opened a public hearing to consider revocation of the special use permit for 1201-73 '/2 Avenue NE, allowing Central Auto Parts to operate a junkyard. The business of Central Auto Parts is owned by Jerry Haluptzok, and the land is owned by John Buzick. Staff had brought this concern before Council, noting that the property owner had not met most of the stipulations that were a result of Council's consideration of revoking earlier-issued special use permits in 2003. The property owner was two years into a five-year timeline for corrections, and no improvements were visible on the site. At the June 12 meeting, the property owner claimed he had not been notified, so the public hearing was rescheduled for June 26. On the June 26 hearing date, Mr. Haluptzok's attorney had a conflict and could not attend and requested that the hearing be postponed until the July 10 City Council meeting. On July 10, the same attorney was unable to attend, but alternative counsel, Karen Kurth, spoke for Mr. Haluptzok Ms. Kurth argued that Mr. Haluptzok had been unable to develop a drainage plan for his business because of unresolved drainage problems from surrounding businesses. In addition, Mr. Buzick claimed at the hearing that he never agreed to the 2003 stipulations. Council moved to table the hearing until their August 14 meeting to allow staff time to further research these claims. At the continuance of the public hearing on August 14, Mr. Haluptzok had a preliminary drainage plan prepared. Staff had not had time to review the plan, but it had been submitted to the Rice Creek Watershed District (RCWD). At that meeting, Mr. Buzick stated that he did not have a problem with Mr. Haluptzok moving forward with his plans for paving, ponding, or whatever else he agrees to do to comply. The public hearing was closed. In a separate action at the August 14 meeting, the City Council moved to table a resolution to revoke SP #03- 14 and give Mr. Haluptzok until the October 9, 2006 City Council meeting to obtain RCWD approval on their grading and drainage plan and present a revised timetable of when they will complete the stipulations on the 2003 SUP. Mr. Haluptzok now has preliminary approval on his grading and drainage plan from the RCWD. They still need to get the required documents approved by the RCWD Board, but the surveyor reports that should occur within the next two weeks. As far as a timetable, Mr. Haluptzok submitted the attached description and drawing to staff on October 4. He basically proposes to pave the area east of the new main storm water pond this fall and complete the rest of the paving and pond installations in 2007. Landscaping would be completed in 2008. Staff has several concerns about this proposal. First, staff has not received a site plan or a landscape plan. It is impossible for staff to comment on the grading and drainage plan until we see a site plan and a landscape plan to see if the business will be providing adequate parking and landscaping. On-street customer/employee parking continues to be a concern at this site, so staff wants to ensure this problem gets corrected. We also desire to see plans for the screening fence, which now exists in a location outside the property line on the south side of the property. In addition, the plan to install a large area of the paving prior to construction of the ponding is unacceptable. Storm water protections need to be in place prior to installation of new hard surface. Staff suggests that Mr. Haluptzok consider completing improvements to the south half of the site first, which would include the pond areas. While Mr. Haluptzok has made great progress, he continues to lack an understanding of the complete scope of this project. Since he has failed to develop an acceptable plan for completing the stipulation of the 2003 SUP, staff suggests the following revised stipulations: 1. Submit a complete a site plan, including parking/storage areas and screening, for staff review and approval prior to issuance of land alteration permit 2. Submit a complete landscaping plan, including irrigation plan, for staff review and approval prior to issuance of land alteration permit 3. Install first phase of grading and drainage plan (south hal fl by June 1, 2007 4. Install screening fence on south side of property by July 1, 2007 5. Install second phase of grading and drainage plan (north hal fl and any other required screening fence by October 1, 2007 6. Install landscaping and irrigation by June 1, 2008 7. Comply with all City Codes associated with the business, including but not limited to outside storage, parking, screening, and drainage Recommendation Because many ofthe stipulations for SP #03-14, which are a combination oftwo earlier issued special use permits, no longer apply to Central Auto Parts current site condition, staff recommends that the City Council approve the attached resolution revoking SP #03-14. In order to clarify the current expectations, staff recommends approval of a new SUP #06-11 with the stipulations above. RESOLUTION NO. -2006 A RESOLUTION REVOKING SPECIAL USE PERMIT #03-14 FOR CENTRAL AUTO PARTS TO OPERATE A JUNKYARD IN AN M-1 ZONING DISTRICT, GENERALLY LOCATED AT 1201 73'/2 AVENUE NE WHEREAS, Chapter 462 of Minnesota Statutes authorizes the City of Fridley to create zoning ordinances that regulate the use of land in order to protect the public's health, safety, morals, and general welfare; and WHEREAS, City Zoning Code Section 205.05.5.G requires the City Council to revoke a special use permit, following a public hearing, when there is failure to comply with any and all conditions and stipulation of the issued permit; and WHEREAS, the Fridley City Council held a public hearing regarding the special use permit SP #03-14, allowing a junkyard in an M-1 zoning district at Central Auto Parts, generally located at 1201 73'/ Avenue NE on July 10, 2006; and WHEREAS, approval of SP #03-14 included several stipulations which needed to be met in order to continue to operate the Central Auto Parts business located at 1201 73 '/ Avenue; and WHEREAS, City staff conducted an inspection of the site on April 11, 2006 to determine compliance with the stipulations of SP #03-14; and WHEREAS, City staff found and reported to the City Council at the July 10, 2006 public hearing that several stipulations were not being met on the property; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Fridley, after listening to all the facts presented at the public hearing, makes the following FINDINGS OF FACT: 1. That the City of Fridley and its staff have acted within the Fridley Zoning Code; and 2. That the City of Fridley staff accurately represented the condition of the property when they inspected it, finding several items of noncompliance of the stipulations of the special use permit; and 3. That the City of Fridley staff communicated the points of noncompliance verbally to the business owner during the inspection and in writing prior to the public hearing; and 4. The business owner and property owner were notified by mail of the July 10, 2006 public hearing; and 5. That a public hearing was held on July 10, 2006, allowing the City Council to take testimony on this property; and 6. That as of August 14, 2006, the property continued to be in violation of the special use permit action taken letter dated August 28, 2003 7. That the property owner failed to meet the City Council's request for an acceptable revised timeline to complete the stipulations of SP#03-14 on October 9, 2006 8. That the City Council finds that the stipulations of SP #03-14 are inadequate to address the current code violations related to the use of the site BE IT FURTHER RESOLVED THAT the City Council, having heard and reviewed the evidence before it, expressly finds that the foregoing recitation is true and correct and incorporates it as part of its Findings of Fact. BE IT FURTHER RESOLVED THAT, based on these findings, the City Council of the City of Fridley hereby revokes the special use permit SP #03-14 to operate a junkyard in an M-1 district at Central Auto Parts, generally located at 1201 73'/ Avenue NE. BE IT FURTHER RESOLVED THAT the City Council adopt a new special use permit SP #06-11 to operate a junkyard in an M-1 zoning district at the property generally located at 1201 — 73'/ Avenue NE, Fridley, with the following stipulations: 1. Submit a complete a site plan, including parking/storage areas and screening, for staff review and approval prior to issuance of land alteration permit 2. Submit a complete landscaping plan, including irrigation plan, for staff review and approval prior to issuance of land alteration permit 3. Install first phase of grading and drainage plan (south hal� by June 1, 2007 4. Install screening fence on south side of property by July 1, 2007 5. Install second phase of grading and drainage plan (north hal� and any other required screening fence by October 1, 2007 6. Install landscaping and irrigation by June 1, 2008 7. Comply with all City Codes associated with the business, including but not limited to outside storage, parking, screening, and drainage PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 2006. Scott J. Lund, Mayor ATTEST: Debra A. Skogen, City Clerk �A�. u �A�r EN.�" � Tb S . 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O 6 W YI � � I I I I � � � � ; , � g I I � � �' � iiii °� r: i � u 0 0 � � CffY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF OCT. 9, 2006 Date: October 3, 2006 To From Subj ect: William Burns, City Manager Scott Hickok, Community Development Director Julie Jones, Planning Coordinator Variance Request VAR #06-07 to Reduce Side Yard Setback at 6101-6t'' St. NE Background On September 27, the Fridley Appeals Commission held a public hearing regarding variance request VAR #06-07. This variance request by the property owner, Star Schween, of the single family home at 6101 — 6tn Street NE is to reduce the side yard setback requirement on a corner lot from 17.5' to eight feet. The property owner desires to rotate and move the existing garage closer to the 61St Avenue side of the property to better use the access off of 6t'' Street, where she also has a driveway. Her reasoning for the change is safety in getting in and out of her driveway due to the heavily used sidewalk on 61St Avenue. This variance request is being forwarded to the City Council because staff has recommended denial, the Appeals Commission recommended denial on a 2-1 vote, and the property owner to the east that would be impacted by the change is not in favor of the variance. The main reason for denial given by the Appeals Commissioners was that the petitioner does have other alternatives for moving the garage to avoid the safety concerns with sidewalk traffic. She could rotate and move the garage to other locations in her rear yard without a variance. The petitioner disclosed at the public hearing that she plans to build a six-foot-high fence around her side and back yard, which will be on the property line, as permitted by code, and will be more of a visual obstruction for her neighbor to the east than the garage set eight feet back from the property line. Stacy Stromberg, Planner, clarified at the public hearing that code requires that the corners of the fence would need to be angled for vision safety reasons. Ms. Schween stated at the hearing that several properties along 61St Avenue have fences that are not angled near a driveway. While Ms. Schween is correct in that there are violations of this code requirement on 61St Avenue, this does not give reason for the City to approve additional hazards. The Petitioner does not want to remove the 61St Avenue driveway, citing it is an unnecessary expense. However, from the Petitioner's description at the public hearing, it appears she plans to back out of her garage toward 61St and then drive out forward to exit her property onto 6t'' Street. With the addition of the fence at the property line (although code would require that it be angled 10' back next to the driveway), this is a much more dangerous means to exit her garage than the existing layout. With only eight feet of distance to the property line, she would need to back over the sidewalk in order to maneuver the turn. Staff continues to suggest a stipulation that the second driveway on 61St Avenue needs to be removed for safety reasons. The petitioner's concern about expense should not overcome concerns about public safety. In addition, there is a change in grade between the existing driveways. It appears to staff that the existing concrete driveway on 61St will need to be reconstructed to prevent storm water runoff from sloping toward the petitioner's home. Staff is further concerned that leaving the second driveway allows for outside vehicle storage space close to the street. Recommendation The Appeals Commission recommended denial of variance request VAR #06-07. Staff continues to recommend denial of this variance request, noting no hardship, safety concerns, and concerns that approval would be precedent setting. Stipulations Should the City Council choose to approve this variance request, staff recommends the following stipulations: 1. Petitioner shall obtain all necessary permits prior to re-locating garage. 2. Curb cut on 61 stAvenue would be removed and replaced with raised curbing per City specifications at property owner's expense. 3. Landscape, including boulevard area disturbed by old driveway removal would be restored within 30 days of completion ofgarage relocation. City of Fridley Land Use Application VAR #06-07 September 27, 2006 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Star Schween 6101 6th Street N E Fridley MN 55432 Requested Action: Variance reducing the side yard setback on a corner lot. Existing Zoning: R-1 (Single Family Residential) Location: 6101 6th Street Size: 10,540 sq. ft. .24 acres Existing Land Use: Single Family Home Surrounding Land Use & Zoning: N: Single Family & R-1 E: Single Family & R-1 S: Single Family & R-1 W: Single Family & R-1 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: 205.07.3.D.(2).(c)((1))requires a side yard setback of seventeen and one-half (17 %2) feet on a corner lot. Zoning History: 1958 - Lot is platted. 1958 - House constructed. 1970 - Garage constructed. Legal Description of Property: Lot 19, Block 1, Upland 2nd Addition Public Utilities: Home is connected. Transportation: 6th Street and 61St Avenue provide access to the property. Physical Characteristics: Typical suburban lot and landscaping. SUMMARY OF PROJECT The petitioner, Star Schween is seeking a variance to reduce the side yard setback on a corner lot from 17.5 feet 8 feet to allow the re- location of her existing garage on her property which is located at 6101 6th Street. SUMMARY OF HARDSHIP "At this time my garage faces 61St Avenue and 1 would like to move my garage so that it faces the 6rn Street driveway. It is hazardous to back out of my garage onto 61St Ave which is busy with vehicle traffic. However, my other and more important concern is the sidewalk on 61St Avenue is very busy with residents going to and from the park on 7rn Street 1 try to be very careful when backing out of my driveway, but it really is hazardous and 1'm concerned that one of the children will come down the street so quickly that 1 will not see them."— also see attached hardship statement - Star Schween SUMMARY OF ANALYSIS City Staff recommends denial of this variance request. ➢ No undue hardship. ➢ Line of sight related to the new location of the garage and the highly traveled roadway on 61St Avenue. ➢ Line of site for the neighbors east of the subject property. ➢ Granting this variance would be precedent setting for other properties along 61 St Avenue. CITY COUNCIL ACTION/ 60 DAY DATE City Council - October 9, 2006 60 Day - October 23, 2006 (Existing Home - Picture taken from 6"' Street) Staff Report Prepared by: Stacy Stromberg VAR #06-07 REQUEST The petitioner, Star Schween is seeking a variance to reduce the side yard setback on a corner lot from 17.5 feet to 8 ft. to allow the re-location of the existing garage on her property which is located at 6101 6th Street. The petitioner's existing garage receives access from 61St Avenue, and the petitioner would like to move the garage so it receives access from 6th Street. SUMMARY OF HARDSHIP "At this time my garage faces 61St Avenue and 1 would like to move my garage so that it faces the 6t`' Street driveway. It is hazardous to back out of my garage onto 61St Ave which is busy with vehicle traffic. However, my other and more important concern is the sidewalk on 61Sr Avenue is very busy with residents going to and from the park on 7�`' Street. 1 try to be very careful when backing out of my driveway, but it really is hazardous and 1'm concerned that one of the children will come down the street so quickly that 1 will not see them."— a/so see attached hardship statement - Star Schween ANALYSIS AND CODE REQUIREMENTS The property is zoned R-1, Single Family as are all surrounding properties. The property is located on the northeast corner of 6th Street and 61St Avenue. The lot is rectangular shaped and the house fronts on 6th Street, while the garage faces 61St Avenue. The home was constructed 1958 and the --�� detached garage was constructed in 1970. The petitioner purchased the property in October of 2005 and has since decided that she would like to turn the garage so it receives access off of 6th Street instead of 61St Avenue. A hard surface driveway exists off both 6th Street and 61 St Avenue to the existing garage location. City Code requires a 17.5 ft. side yard setback for all structures on a corner lot. The existing garage is 27 feet from the side yard property line and meets City code requirements. The petitioner is proposing to re-locate the garage on the site, which will reduce the side yard setback �� , to 8 ft, thus the need for the variance request. Although city staff recently had "no recommendation" on a similar corner lot setback reduction request on Sylvan Lane, staff feels that there is enough significant difference between the two requests, to recommend denial of this request. There are three clear differences between the two variances, which relate to the current setback of the existing homes along 61St Avenue, the impacts the new garage setback will have on the neighboring property at 491 61St Avenue, and the amount of traffic traveled on 61St Avenue when compared to the University Avenue Service Road. All of the homes and garages located along 61St Avenue between 7th Street and 5th Street have at least a 17 %2 ft. setback, which complies with City code requirements. Moving the existing garage closer than the required setback would change the streetscape of this neighborhood as well as be precedent setting for other corner lot properties. The home located behind (east) of the subject property at 491 61St Avenue, faces and is accessed off of 61St Avenue. Relocating the existing garage to the proposed location 8 ft. from the property line would create a line of site issue for this property when backing out of their driveway. This would in turn create a hazardous situation due to the highly traveled 61St Avenue. VARIANCE HARDSHIP Before the Commission shall grant a variance, it is the responsibility of the applicant to prove that enforcement of the code would cause undue hardship because of conditions unique to the property and that if the variance is granted it will be keeping with the intent of the ordinance. Undue hardship as defined by law is: The property cannot be put to reasonable use if used under the requirements of the code. 2. The need for the variance is due to the conditions unique to the property and not created by actions of the landowner. 3. The variance, if granted, will not alter the character of the neighborhood. City Staff has not been able to identify any hardship, as defined by the law; that would allow staff to recommend anything but denial of this request. In reviewing the petitioner's request, staff applied the legal definition of hardship and developed the following analysis: The property cannot be put to reasonable use if used under the requirements of the code. • The property in its current condition is being used to accommodate the house and the garage. • The current garage location is usable and accessible from either 6th Street or 61 St Avenue. • The petitioner could re-locate the garage to the north-east corner of the lot which would increase the usable space in the rear yard without requiring a variance. • Re-locating the garage on the property in a position that doesn't require a variance and utilizing a driveway design to accommodate turning around before entering 61St Avenue could also be an option for the petitioner. 2. The need for the variance is due to unique property conditions. • There are no physical characteristics that would deem this site as having unique property conditions. • The Petitioners desire to relocate the garage within 8 ft. of the side yard lot line on a corner lot is not a unique condition. The existing conditions on the site function properly or other options do exist that don't require a variance. 3. The variance will not alter the character of the neighborhood. • The code requires the side yard setback to maintain a higher degree of traffic visibility and to reduce the "line of sight" encroachment into neighboring properties. • Re-locating the garage to be within 8 ft. of the side yard setback on a corner lot would change the streetscape of the neighborhood and would affect visibility of motoring traffic. It would also create a hazardous situation for neighboring property owners by limiting their view down 61St and shortening reaction time for drivers. • City staff has received no comments from neighboring property owners whose travel will be interrupted by a car entering 61St from the driveway at 491 — 61 St Avenue or from 6th St. �ei� — rnu�u ui �euuuner s�iv�eny nvrri o i Hvenue Right — Photo of neighboring property to the east from 61 St Avenue i�oRn siae streetscape or n i Hvenue RECOMMENDATIONS City Staff recommends denial of this variance request. ■ No undue hardship. ■ Line of sight related to the new location of the garage and the highly traveled roadway on 61St Avenue. ■ Line of site for the neighbors east of the subject property. ■ Granting this variance would be precedent setting for other properties along 61St Avenue. STIPULATIONS Staff recommends that if the variance is granted, the following stipulations be attached. 1. Petitioner shall obtain all necessary permits prior to re-locating garage. 2. Curb cut on 61St Avenue would be removed and replaced with raised curbing per City specifications at property owner's expense. 3. Landscape, including boulevard area disturbed by oId driveway removal would be restored within 30 days of completion of garage relocation. �� v ti . Oti �� O�c��'�6 �/ � . i i � i �V � ' � .33 � � � � � � v • N I � o � � v C+.1 z � � f I I N 00'09'44" E, __ -33.00- __; ----------------- � � � I I 25.9 �� i 6th S��et� ti NE �� N 0279'09" E ; �--- --54.61-- � �� I � 4 I � . i� � �V � i i i , - Can ti7ever i � 27. 0 --_-------- , ' �,, � �� y � � C `� tir ��_ ry � � � 0 1 Story Fi-ame °j D�ainoge and Uti/iEy Eosement � --74.60-- 11/ DO'09'44 " E .. � � � 1 K 1 1 i a i� Q, � a ' 'oC''' � i i i i i i �9.9� �� i y O � �. N � o� ,� � o� � �� a � m N o2� 29� --298, — � ` � � V � .��i � 0 . V1 N •f� � � � � � � O y. � R �11 � �_, CITY OF FRIDLEY APPEALS COMMISSION MEETING SEPTEMBER 27, 2006 CALL TO ORDER: Chairperson Vos called the Appeals Commission meeting to order at 7:32 p.m. ROLL CALL: Members Present: Ken Vos Blaine Jones Brad Sielaff Members Absent: Larry Kuechle Others Present: Stacy Stromberg, City Planner Star Schween, 6106 Sixth Street NE APPROVAL OF MINUTES: July 12, 2006 MOTION by Commissioner Sielaff, seconded by Commissioner Jones, to approve the minutes as presented. UPON A UNANIMOUS VOICE VOTE, CHAIRPERSON VOS DECLARED THE MOTION CARRIED. 1. PUBLIC HEARING: VARIANCE REQUEST, VAR #06-07, BY STAR SCHWEEN Consideration of a variance to reduce the side yard setback on a corner lot from 17.5 feet to 8 feet to allow the relocation of the garage on the property, generally located at 6101— 6t'' Street NE MOTION by Commissioner Jones to open the public hearing. Seconded by Commissioner Sielaff. UPON A UNANIMOUS VOICE VOTE, CHAIRPERSON VOS DECLARED THE MOTION CARRIED AND THE HEARING OPENED AT 7:33 P.M. Stacy Stromberg, City Planner, stated the petitioner's existing garage receives access from 61st Avenue; and the petitioner would like to move the garage so it receives access from 6th Street. The summary of hardship submitted by petitioner reads: At this time my garage faces 61st Avenue and I would like to move my garage so that it faces the 6th Street driveway. It is hazardous to back out of my garage onto 61st Avenue which is busy with vehicle traffic. However, my other and more important concern is the sidewalk on 61st Avenue is very busy with residents going to and from the park on 7tn Street. I try to be very careful when backing out of my driveway, but it really is hazardous and I'm concerned that one of the children will come down the street so quickly that I will not see them. Ms. Stromberg stated the subject property is zoned R-1, Single Family, as are all surrounding properties. The property is located on the northeast corner of 6th Street and 61st Avenue. The home was constructed in 1958, and the detached garage was constructed in 1970. A hard surface driveway currently exists off both 6th Street and 61st Avenue to the existing garage. City Code requires a 17 1/2 foot side yard setback on a corner lot. Ms. Stromberg stated although City staff recently had "no recommendation" on a similar corner variance setback reduction on Sylvan Lane, staff feels there is enough significant difference between the two requests to recommend denial of this request. There are three clear differences between the two variances which relate to the current setback of the existing homes along 61st Avenue: the impacts the new garage setback will have on the neighboring property at 491 61st Avenue, and the amount of traffic traveled on 61st Avenue when compared to the University Avenue Service Road which is where the variance was granted on Sylvan Lane. Ms. Stromberg stated all of the homes and garages located along 61st Avenue between 7th Street and Sth Street have at least a 17 '/z foot setback which complies with City code requirements. Moving the existing garage closer than the required setback would change the streetscape of this neighborhood as well as be precedent setting for other corner lot properties. The home located behind (east) of the subject property at 491 61st Avenue, faces and is accessed off of 61st Avenue. Relocating the existing garage on the subject property 8 feet from the property line would create a line of site issue for the property when backing out of their driveway. This would in turn create a hazardous situation due to the highly traveled 61st Avenue. Ms. Stromberg next went through variance hardship and what it means. Before the Commission shall grant a variance, it is the responsibility of the applicant to prove that enforcement of the code would cause undue hardship because of the conditions unique to the property and that if the variance is granted it will be keeping with the intent of the ordinance. City staff has not been able to identify any hardship as defined by law that would allow staff to recommend anything but denial of the request. In reviewing the petitioner's request, staff applied the legal definition of hardship and developed the following analysis: 1. The property cannot be put to reasonable use if used under the requirements of the code. • The property in its current condition is being used to accommodate the house and the garage. • The current garage location is usable and accessible from either 6th Street or 61st Avenue. 2 • The petitioner has other options on the site that would not require a variance. She could potentially locate the garage in the northeast corner of the lot which would increase the usable space in the rear yard without requiring the variance. • Relocating the garage on the property in a position that does not require a variance and utilizing a driveway design to accommodate turning around before entering 61st Avenue could also be an option. 2. A variance to be granted based on the need for the variance is due to unique property conditions. • There are no physical characteristics that would deem this site as having unique property conditions. • The petitioner's desire to relocate the garage 8 feet from the side yard lot line o a corner lot is not a unique situation. The existing conditions on the site function property and other options do exist that do not require a variance. 3. The variance will not alter the character of the neighborhood. • The code requires the side yard setback on corner lots to maintain a higher degree of traffic visibility and to reduce the "line of sight" encroachment into neighboring properties. • Relocating the garage to be 8 feet of the side yard setback on a corner lot would change the streetscape of the neighborhood and would affect visibility of motoring traffic. It would also create a hazardous situation for neighboring property owners by limiting their view down 61st Avenue and shortening the reaction for drivers. Ms. Stromberg stated City staff recommends denial of this variance request because there is no undue hardship, line of site related to the new location of the garage and the highly traveled roadway on 61st Avenue, also because of line of site for the neighbors east of the subject property. Granting this variance would be precedent setting for other properties along 61st. Staff recommends, however if the variance is granted, the following stipulations be attached: 1. The petitioner shall obtain all necessary permits prior to relocating the garage. 2. Curb cut on 61st Avenue would be removed and replaced with raised curbing per City specifications at property owner's expense. 3. Landscape, including backyard area disturbed by old driveway removal would be restored within 30 days of completion of garage relocation. The first stipulation found in their packet has been omitted. Commissioner Jones stated he was curious on the alternatives to moving the garage. On the last one, relocating the garage on the property in a position that does not require a variance and utilizing a driveway design to accommodate turning around before entering 61st Avenue, he asked Ms. Stromberg to show him what she meant by that. Ms. Stromberg replied if the petitioner were to back out of her garage in her existing location, she can still move forward and go down her current driveway. The other option the City had for the petitioner to gain more room in her backyard and to be able to utilize her backyard more 3 would be to locate the garage somewhere in the back area. That was to gain the access to the backyard that she has lost now. Commissioner Vos asked where the yellow coloring was, could the petitioner also do a slab of concrete where she could just back up that way and go out forward onto 61st Mr. Jones asked if it would be an option, instead of moving the garage so it was 8 feet, make it 17.5 feet, it is pretty close to a straight shot, and then it meets the code requirements. He asked is it 17 feet to the foundation wall, or the overhang? Ms. Stromberg replied, to the foundation wall. Star Schween, petitioner, approached and stated first of all regarding the recommendation for moving the garage, when she backs out of the driveway, the children who are going go the park because she is on that side of 61st Avenue, ride their bikes down the street and that is what she meant by the kids coming up so quickly. When they come down 61st Avenue from Fifth Street, they come flying down there. When she is backing out of her garage, it is true she can back out and turn down the 6th Street driveway, but her car is an SUV and it is already in the sidewalk. Her concern is more for the safety of the children, rather than the car traffic on there. She can get around that. Also, it is not right but the kids use her driveway as a short cut. So when they come up 6th, they come up and cut through and go up to 61st. When she is backing out of her driveway on that side obviously she is not able to see out there until she is already all the way out of the garage. Ms. Schween stated one of the first issues she had was the recommendation of the staff to put the garage in the northeast corner of the lot. Before the big storm last October, she had two big huge trees in the backyard and she was just signing the agreement to buy the house. Now there is only one tree on the back lot and it is in the northeast corner, and there is a whole line of grapevines there. Also along that property line on the east side it is the easement for the electrical wires, etc. so obviously it is going to be an issue to put a garage near there. There is only 9 feet between her home and the neighbor's on the north side and that is not enough space to put a driveway in if she faces that garage towards 6th Street. In addition, if she faces that garage going towards 61st Avenue, right on the corner is the utility pole on the boulevard that holds all the wires, including the telephone wires coming down from 61st Avenue. There is also three cables that anchor that pole into the boulevard. So there is no way she could put a driveway on that side going up the 61st Avenue side. Ms. Schween stated the line of sight related to the new location of the garage and the highly- traveled road on 61st Avenue, it seems they both had the same issue and came to different conclusions on that. She will be putting up a 6-foot high privacy fence on the east side of her lot line. There is a 6-foot high fence on the north side. She will also be continuing the fence down the 61st Street side. So she they will have a 6-foot fence on the east and the south sides of her property. Her property line is 1 foot in from the side lot. People from the street or any direction are only going to see the 6-foot high fence. � Ms. Schween stated regarding the line of sight issue for the neighbors east of her property, she has talked with both of them about putting up the fence and the garage issue. From the driveway to her property line, it is 30 feet from their driveway. So it is another 30 feet to the back of the garage on her property. That is a total of 60 feet from their driveway. They were actually rather pleased she was putting up a fence because they were never able to do that and it will give them more privacy. Obviously the garage would not be in the way when they are backing out of their driveway because it is 60 feet away and they are going to see a 6-foot high fence there. Ms. Schween stated regarding the issue of setting a precedence for the other properties along 61st Avenue, she has driven down 61St Avenue, and there are 8 homes whose garages face 61St Avenue and their homes either face 6th or 7th Streets. Those homes either have less space on the side of that street where they are not going to be able to put in a garage because it is about 17.5 feet. All of those homes either have 6-foot high privacy fences, several of them have 12-foot or higher lilac bushes that are right along the sidewalk all the way down, and several of them have 6-foot high fences right next to their driveways. It would cost them a fortune to do the landscaping to move their garages if they wanted to. Ms. Schween stated regarding the stipulations, she feels very fortunate because she does have a driveway on 6th Street and 61st Avenue and her 61st Avenue driveway is where her garbage is picked up. As she ages she does not want to have to lug her garbage down 96 feet. Having to walk up the driveway was not even the issue here, it is an added expense for her and is absolutely not necessary. All the other homes have access on 61st Avenue. She already has the cement in the driveway and she is really trying to do this as cost effectively as she can. All she would have to do is put up an apron and a pad for the garage. This is not an inexpensive proposition here and will probably cost about $5,000 for the pad because of the cement. She does not want to have to create any longer of a driveway. She wants to stay in Fridley, she wants this to be her last home that she buys, and she wants to improve the property. She considers this more a hazardous matter. Ms. Schween as far as changing the streetscape, it probably will but it will be keeping in line with all of the other neighbors along that whole street because if you drive down there, everyone else has 6-foot fences or they have the lilac bushes. Commissioner Sielaff asked if she wants to keep everything on 61st� Ms. Schween replied, yes, because it would be an unnecessary expense to take it out. Commissioner Jones asked so what she is going to do is back out of the garage and then drive out onto 61 st� Ms. Schween replied, yes, she could do that or back all the way down the driveway. The point is she can see all the way down her 6th Street driveway coming out. Commissioner Jones asked so she would maintain her curb cut on 6th Street and she would maintain the curb cut on 61st� Ms. Schween replied, yes, there is really no point in changing them. Commissioner Jones asked if there was a particular reason why instead of moving 8 feet, she could not move it 17.5 feet from the property line? Ms. Schween replied, no, she could certainly do that. Commissioner Jones explained the reason he says that is then it is a non-issue. Ms. Schween stated she realizes what he is saying, and she has thought about that, but the issue is her driveway goes straight and then it goes out the side. But if she moves it 17.5 feet in, it would have to be angled because it is going to come behind the house. What she is trying to do is put it straight so it lines up with the 6th Street driveway and then it is not an issue and she does not have to add more cement to the backyard. Jonathan Condor, 6111 6th Street NE, approached and stated he lives just north of the petitioner's house. He sold the house to the petitioner and used that garage for about a year and backing out with the kids whipping back and forth, made him nervous every time he would do it. If she puts up the security fence, that means the kids coming from the east, the suddenness of their appearance is going to be increased immensely. To him that is a terrible hazard to have to put up with and if it can be alleviated, he would certainly be highly in favor of that. Also, regarding the stipulation taking away the curb cut on 61st could be a severe inconvenience. Everybody who has used that place has found you can drive into the 61st drive there, park next to the house, and unload your groceries. Edmund Swarski (sp.), 491 61st Avenue NE, approached and stated he lives on the corner of 61st. His garage is in line with the petitioner's garage. If she does this, he will not be able to see down there. Secondly, it will probably reduce the value of his house somewhat. The house on the corner across the street from him, their driveways match. When he backs out, he has to make sure they are not backing out at the same time. He would also have to watch more for the kids. In the morning there are thousands of them and they do not care where they walk. He has lived in his home for 50 years and has not hit any of them yet. He does not like to say it, but he believes it is necessary. She does have one driveway that comes off of 6th Street. If she put up the 6-foot fence that will be another obstacle for him to contend with. MOTION by Commissioner Jones to close the public hearing. Seconded by Commissioner Sielaff. UPON A UNANIMOUS VOICE VOTE, CHAIRPERSON VOS DECLARED THE MOTION CARRIED AND THE HEARING CLOSED AT 8:00 P.M. Commissioner Sielaff asked whether there was any setback requirement for a privacy fence? Ms. Stromberg replied the code requires a fence can be 7 feet on the side of the rear yard and the setback is they have to be set inside the property line. She did explain to the petitioner that � when she constructs the fence, she would have to angle the corner on the east property line to allow better visibility for that neighbor. Mr. Jones asked if she would have to have the same angle on her driveway or not? Ms. Stromberg replied, no, just on the corner of the property line. Ms. Schween stated all of the houses on 61st Street that do have privacy fences, etc. do not have any angling on any of them and most of them are right ne�t to the garages. So she was a little surprised at that but it is not an issue. Ms. Stromberg stated fences do not require a permit. So a lot of times people do not call and they put up a fence and it might not be to Code standards. However, since they are aware petitioner is putting up a fence, those are the requirements. Especially in a situation like this where the neighbor from the east backs out onto 61st Avenue, it is very important they have as much visibility as they can. Commissioner Jones stated he understands that 61st Avenue is busy and the hazards little kids create walking down through there and you cannot control their behavior. However, when he is looking at this, there is the one neighbor objects to this, and sees there are some other options that might even be better or safer than this if that is the real issue. They may or may not cost more money because of the concrete. The option of moving the proposed location another 9.5 feet to the north would eliminate any need for the variance. So just from that perspective his inclination is to vote against this variance. Commissioner Sielaff stated on this particular project, the idea there is going to be a privacy fence put up anyway, he guessed he does not see the line of vision being an issue. Also, if she does not put up the fence, then the line of vision is an issue. He understands the petitioner's argument and is not totally unsympathetic towards it. He does not see any reason for the curb cut. If she is going to commit herself to going out on 6th Street, he can also see there is going to be a temptation to go out on 61st Street if that curb cut stays there. Then they are looking at potential safety issues if you have the garage and going out directly on 61st there. However, the way it is presented here, he is inclined to agree with the variance and he thinks there are enough issues there that he would like to see it go to Council. Commissioner Vos stated the only issue he has is the hardship and she does not have one. The petitioner needs to show there is no other way she can put the garage in there. MOTION by Commissioner Jones denying Variance Request, Var #06-07, by Star Schween to reduce the side yard setback on a corner lot from 17.5 feet to 8 feet to allow the relocation of the garage on the property, generally located at 6101 — 6th Street NE. Seconded by Commissioner Sielaff. UPON A UNANIMOUS VOICE VOTE, COMMISSIONER JONES AND CHAIRPERSON VOS VOTING AYE, AND COMMISSIONER SIELAFF VOTING NAY, CHAIRPERSON VOS DECLARED THE MOTION CARRIED. 7 Ms. Stromberg stated the request will go before the City Council on October 9. 2. UPDATE ON PLANNING COMMISSION & CITY COUNCIL ACTIONS: Ms. Stromberg stated the October 11 meeting is cancelled. 3. OTHER BUSINESS ADJOURNMENT: MOTION by Commissioner Sielaff, seconded by Commissioner Jones, to adjourn the meeting. UPON A UNANIMOUS VOICE VOTE, CHAIRPERSON VOS DECLARED THE MEETING ADJOURNED AT 8:12 P.M. Respectfully submitted by, Denise M. Johnson Recording Secretary E? � � AGENDA ITEM ��F CITY COUNCIL MEETING OF OCTOBER 9, 2006 FRIDLEI' INFORMAL STATUS REPORTS