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12/03/2001 - 4721OFFICIAL CITY COUNCIL AGENDA CITY COUNCIL MEETING DECEMBER 3, 2001 � � CRY OF FRIDLEY CITY COUNCIL MEETING OF DECEMBER 3, 2001 The City of Fridley will not discriminate against or harass anyone in the admission or access tc`, or treatrzient, 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 p�blic assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of November 19, 2001 OLD BUSINESS: 1. Second Reading of an Ordinance Amending Chapter 506 of the Fridley City Code Pertaining to Unattended Vehicles ................................................................................. 1- 2 � G NEW BUSINESS: 2. Receive the Minutes from the Planning Commission Meeting of November 7, 2001 - .................................................. 3 6 FRIDLEY CITY COUNCIL MEETING OF DECEMBER 3, 2001 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 3. Variance Request, VAR #01-13, by East Ranch Estates (Bob and Mike Schroer), to Reduce the Required Setback of a . Free-Standing Sign from a Property Line or Driveway from 10 Feet to 1 Foot to Allow the Construction of a New Free-Standing Sign, ` Generally Located at 7610 University Avenue N.E. (Ward 3) - ................................................................................... 7 14 4. Sign Plan Request by No�th Central Business Center, Generally Located at 452 No�thco Drive N.E . ....................................................................................... 15 5. Approve 2002 Sixty-Day Action Application Deadlines for the Planning Commission and Appeals Commission Meetings .................................................................... 16 -25 6. Resolution in Support of an Application for a Minnesota Lawful Gambling Premise Permit for CLIMB Theater (Maple Lanes, 6310 Highway 65 N.E.)(Ward 2) ..................................................................... 26 - 27 7. Resolution in Support of an Application for a Minnesota Lawful Gambling Premise Permit for Fridley American Legion, Post 303 (7365 Central Avenue N.E.) (Ward 2) ........................................................................................................ 28 - 29 FRIDLEY CITY COUNCIL MEETING OF DECEMBER 3, 2001 PAGE 3 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 8. Resolution in Support of an Application for a Minnesota Lawful Gambling Premise Permit for the Minnesota Sports Federation (Spikers Grille & Beachclub, 7651 Hi�ghway - 65 N.E.)(Ward 2) ........................................................................................... 30 - 31 9. Appointment (City Employee) ........................................................................ 32 10. Claims ........................................................................................................... 33 11. Licenses ....................................................................................................... 34 - 36 12. Estimates ...................................................................................................... 37 ADOPTION OF AGENDA. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 3, 2001 PAGE 4 OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes. PUBLIC HEARING: 13. Consideration of the 20a2 �ity"of Fridley Budget........................................................................................................ 38 14. Informal Status Repo�ts . ..................................................................................... 39 ADJOURN. 0 � / r , ���-� � � FRIDLEY CITY COUNCIL MEETING OF DECEMBER 3, 2001 �� 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, progams, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS.(CONTINUED): 4. Sign Plan Request by North Central Business Center, Generaily Located at 452 Northco Drive N.E . ..................... 15 City Council Meeting of November 19, 2001 `-���� 5. Approve 2002 Sixty-Day Action Application i�:��� � Deadlines for the Planning Commission and �S Appeals Commission Meetings ... 16 -25 OLD BUSINESS: Second Reading of an Ordinance Amending Chapter 506 of the Fridley City Code Pertaining to Unattended Vehicles ............... 1- 2 i �� NEW BUSINESS: 2. Receive the Minutes from the Planning Commission Meeting of November 7, 2001 ............................................. 3 — 6 Variance Request, VAR #01-13, by East Ranch Estates (Bob and Mike Schroer), to Reduce the Required Setback of a Free-Standing Sign from a Property Line or Driveway from 10 Feet to 1 Foot to Allow the Construction of a New Free-Standing Sign, Generally Located at 7610 University Avenue N.E. (Ward 3) ................. 7- 14 6. Resolution in Support of an Application for a Minnesota Lawful Gambling Premise Permit for CLIMB Theater (Maple Lanes, 6310 Highway 65 N.E.)(Ward 2)... 26 -� 2� 1 �� � �l'7� 7. Resolution in Support of an Application for a Minnesota Lawful Gambling Premise Permit for Fridley American �egion, Post 303 (7365 Central Avenue N.E.) (Ward 2) ...................................... 28 - 29 � �o�at� 8. Resolution in Support of an Application for a Minnesota Lawful Gambling Premise Permit for the Minnesota Sports Federation (Spikers Grille & Beachclub, 7651 Highway 65 N.E.)(Ward 2) ......................... 30 - 31 �O I � l' � `� ' _ •., t FRIDLEY CITY COUNCIL MEETING OF DECEMBER 3, 2001 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): NEW BUSINESS (CONTINUED): 14. informal Status Reports ..................... 39 9. Appointment (City Employee) ....... 32 �� �cf'�`-�C�`-� " ~�' pl . (� ,,^ :Lj �I1�� � �J"l_J C�'l �'�-�tJ f�e��� C�"__ ���' �r-��c� �v ( , �t,��-� (N��, / � �S – � � `�C� �� — ADJOURN. ����� ' a� 10. Claims .......................................... 33 � �-s�-. 11. Licenses ...................................... 34 - 36 12. Estimates ..................................... 37 ADOPTION OF AGENDA. �� � ���-S� OPEN FORUM, VISITORS: Consideration of items not on Agenda -15 minutes. PUBLIC HEARING: 13. Consideration of the 2002 City of Fridley Budget ................................... 38 1�� � ►� i� S �" . � ( ��`'� � �� %2� � f � s-e._ �� �D p,��-- THE MINUTES OF THE FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 19, 2001 THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF NOVEMBER 19 , 2001 The Regular Meeting of the Fridley City Council was called to order by Mayor Lund at 7:34 p.m. PLEDGE OF ALLEGIANCE: Mayor Lund led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Lund, Councilmember Barnette, Councilmember Bolkcom, Councilmember Billings, Councilmember Wolfe. MEMBERS ABSENT: None. CITY OF FRIDLEY, 2001 RESIDENTIAL STUDY Mr. Bill Morris, Decision Resources, Ltd., presented the results of the telephone survey of Fridlev residents. Mr. Morris stated that this survey is conducted every two years. They spoke with 500 randomly selected households between September 10 and September 27. The first area they looked at was recreational programs. These programs aze a real asset to the communitv. Ten percent were using the Springbrook Nature Center and sports leagues were doubled from 1999. Senior Center usage also increased. There was no change in summer playground usage but there was an increase in after-school programs. Eleven percent of the households indicated they had water pressure problems. Five households had water discoloration and sedimentation problems. Seven percent had water main disruption. The City of Fridley has always ranked among the highest in the metro area for the number of people indicating satisfaction with City streets. The only change from two years ago was a small increase of people disagreeing that the streets were smooth. Residents feel that the parks are in good condition. Public safety has usually had very satisfied residents. Twenty-five percent of the people indicated they have never had a chance to use the fire department so did not feel they could make a statement. With respect to courtesy and responding quickly, on behalf of police and firefighters, negative ratings are almost non-existent. Calling 911 for police was looked at and about 1/4 of the community had done so during the past twelve months. That is a little bit higher with the norm at nineteen percent. Eighty-two percent of those who had called 911 indicated that they were satisfied with the response. Sixteen percent indicated they were not satisfied. The eighty-two percent is also above the norm (which is seventy-five percent. Calling 911 for fire or emergency medical service was at ten percent and is at the norm. Ninety- four percent indicated they were satisfied with the response. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 19, 2001 PAGE 2 Mr. Morris stated that more residents indicated that crime had increased. With respect to neighborhood police patrolling, one-third of the respondents indicated that they would like to see an increase in patrolling. The remaining two-thirds indicated there was not a need for an increase. Thirty-four percent of the respondents indicated that they would like to see an increase in speed limit enforcement. One-third of the respondents indicated they would like to see more enforcement in their own home areas. With respect to enforcement of traffic laws, twenty-eight percent indicated they would like to see an increase. Forty-five percent indicated that they had been to a neighborhood watch _ meeting which is up ten percent from 1999. About 1 in 7 of the residents indicated that they have reported a code violation which is the norm for the metropolitan area. The metropolitan area does not include Minneapolis and St. Paul. Sixty percent felt the • problem was resolved and that is the highest level found in the metropolitan axea, the norm being thirty percent. Twelve percent indicated that they have taken out a building permit, and eighty-five percent indicated they were satisfied with City inspections. That is a new high across the metro area for City Inspectors. Rental property inspection impacted only three percent. Seventy-one percent indicated they were satisfied with City rental inspections and twenty-five percent indicated they were not. Mr. Morris stated that ninety-five percent rated BFI as excellent or good for the recycling program. Participation levels dropped a little to seventy-five percent, down from eighty- two percent two years ago. Residents tend to rate the drop-off yard waste site very highly. Twenty-seven percent indicated they had used the City's yard waste site. That amount is higher than the norm for the metro area. About one-fourth of the community indicated that they had used the drop-off site. Ninety-three percent indicated it is an important city service. City empowerment had a stable result from two years ago with roughly fifty-five percent indicating they agreed that the City responded to their concerns in a prompt fashion. Disagreement is about ten percent, low in comparison to other communities where the average is at twenty to thirty percent. Fridley ran counter to suburban trends on the ability to enable people to have a say in government at 63 percent this year indicating they could have a say if they wanted to. About one-fourth of the residents indicated that they have made a request of City staff and the evaluation of the service was exceedingly good. Mr. Morris stated that dissatisfaction with the conditions of appearance of homes, apartments, and how residents viewed their own home, whether they felt safe there and in their neighborhood was minimal. The appearance of apartments had the highest dissatisfaction ratings at about fifteen percent. Residents tend to be very satisfied with the appearance of their neighborhoods, homes, and safety issues in their neighborhoods. There were minimal negative ratings for park and recreational areas, trails, and access to bus routes. There was noticeable disagreement regarding adequate street lighting. In comparison with other communities, the twenty percent that indicated some dissatisfaction with the available street lighting is well below the normal thirty-five percent. Junkyard elimination has had an upward trend with respect to importance. Twenty-four percent of respondents indicated that they would favor the removal of the University Avenue fence, and fifty percent percent indicated they would oppose the removal of the fence. The rest were unsure of the issue. Commuter rail was irnportant to 0 FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 19, 2001 PAGE 3 two-thirds of the residents. Seventy-four percent indicated they would support the site on the BNSF tracks near 61 S� Avenue. Fifteen percent were opposed to the plan. Thirty-one percent indicated they considered it to be very important and felt it was a very useful alternative to driving. A more rigorous housing code and declaring properties as nuisances had the support of sixty-nine percent of the respondents. Twenty-five percent disagreed. Snowplowing of bikeways was opposed (fifty-nine to thirty-three percent) due to the cost not justifying the service. Housing development priorities had thirty-nine _ percent indicating priority should be for senior housing while thirty-eight favored starter housing. Those over the age of 45 had senior housing as a priority and those under the age of 45 favored starter homes. Fifty-seven percent indicated they would favor ' cooperation with the Metropolitan Council while thirty-siY percent indicated they would oppose the plan. Mr. Morris stated that vehicle starage regarding boats and campers in the driveway was favored by forty-seven percent and opposed by forty-six percent. Residents had strong opinions about this. White collar households tended to favor this more frequently than blue collar households. The street reconstruction program had ninety-five percent of the residents satisfied with the quality of the work. Eighty-four percent of the people felt it was a good idea to continue with the program. The awareness of the Values First Program was still fairly limited. One-third of the respondents indicated awareness. One- fourth of the respondents indicated they were aware of the expanded City Hall hours. Thirty-six percent indicated they had visited City Hall during those hours. The Neighborhood Resource Officer program was found to be known to about forty percent of the residents, with forty-three percent indicating they met their officer assigned to the neighborhood. Four out of five respondents indicated they read the Focus News on a regular basis. With respect to the newsletter, three-fourths of the respondents indicated they received and read it. Ninety-eight percent said it was useful. Sixty percent of the respondents subscribed to cable television. Viewership of the City Council meetings was a little more than what was found in other communities. The typical resident of the City watched City Council meetings about four times per year. One-third indicated that they could watch the informational programs, and ninety-six percent thought they were useful. Forty percent felt they were very useful. The norm is 29-30 percent. Computer processes were looked at and six out of ten residents have a personal computer or modem. One-fourth of the respondents had accessed the Fridley web site. One percent indicated they were doing it on a weekly basis and five percent monthly. The norm is about ten percent. There was a major increase in a favorable rating in the way tax money was being spent. Eighty-two percent indicated excellent or good and nine percent indicated fair or poor. This is the only community with an increase in the positive rating. Mr. Morris stated that residents are very pleased with City services and the park and recreational facility ratings were outstanding. City programs have one of the most solid evaluations they have seen anywhere. Fridley residents prove to be upbeat and feel tied in to City Hall and have a say. The findings from this survey are the most positive they have had in the last twelve months. Mayor Lund thanked Mr. Morris and asked if Council had any questions. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 19, 2001 PAGE 4 Councilmember Bolkcom asked if Council would receive more specific comments regazding street repair. Mr. Morris stated that they would receive the specific comments. Councilmember Bolkcom asked if the commuter rail comments included a breakdown in satisfaction or if it was a good idea. Mr. Morris stated that the support level was at 70 percent across the City. Councilmember Bolkcom asked what they could do with the information as a City. Mr. Burns, City Manager, stated that staff goes through the results very cazefully. He said he would be meeting with City departments to discuss the results. This would also be a background for the Council and Commission survey conducted in the first part of the year. There was a surprising finding that 14 percent of the population was violating the 30 percent on housing. Mr. Morris stated that the 14 percent was disproportionate. They did find, however, newer folks to the community with children were spending in the 30 percent and up category. Mr. Burns stated that Metropolitan Council showed that 36 percent of people metro-wide were spending more than 30 percent, so Fridley is low compared to what he expected. He asked how the number compared with what they are seeing metro-wide. Mr. Morris stated that the City of Fridley was the first one out of the box on this. Two other studies are not completed yet but 17 percent had no idea how much of their account was being spent on housing. Mayor Lund asked how many surveys Mr. Morris does in a year. Mr. Morris stated that they work with thirty to fifty cities in the metropolitan suburbs. Councilmember Bolkcom asked when the final report would arrive. Mr. Morris stated it would be issued in two weeks. _ Mr. Burns stated that it has always been a pleasure to work with Mr. Morris and the quality of his analysis is very good. - Councilmember Wolfe stated that he was very impressed. Councilmember Bolkcom thanked the residents who gave their time for this survey. Councilmember Billings asked how the subjects were chosen. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 19, 2001 PAGE 5 Mr. Morris stated that they were randomly picked with random digit dialing on the basis of exchanges the telephone company provides. He said they go through a very elaborate filtering system. APPROVAL OF PROPOSED CONSENT AGENDA: MOTION by Councilmember Barnette to approve the proposed consent agenda as presented. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES: City Council Meeting of November 5, 2001. APPROVED. OLD BUSINESS: 1. ORDINANCE NO. 1161 AMENDING THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA, TO REPEAL CHAPTER 113, ENTITLED "SOLID WASTE DISPOSAL AND RECYCLING COLLECTION" AND ADOPT A NEW CHAPTER 113. ENTITLED "SOLID WASTE DISPOSAL AND RECYCLING COLLECTION": Mr. Burns, City Manager, stated that this is a comprehensive provision with some major changes including allowing containers larger than 32 gallons if they are included in an approved container. They may also placed curbside on collection day. Containers may be stored in view of the street but not in the front yard. Recycling fees are now set by resolution rather than ordinance. Composting has added a restriction concerning the distance from water and property lines and homes. Term of licensing for solid waste haulers changed from May 1 to April 30. Proceedings were also established pertaining to the revocation of a hauler's license. WAIVED THE READING AND ADOPTED ORDINANCE NO. 1161 ON THE SECOND READING AND ORDERED PUBLICATION. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 19, 2001 PAGE 6 NEW BUSINESS: 2. RESOLUTION NO. 61-2001 APPROVING RECYCLING SERVICE FEES: Mr. Burns, City Manager, stated that this resolution would allow for a small fee increase in recycling services for 2002. ADOPTED RESOLUTION NO. 61-2001. 3. SPECIAL USE PERMIT REQUEST, SP #01-12, BY TROY FINDELL, FOR A SECOND ACCESSORY STRUCTURE (GARAGE), GENERALLY LOCATED AT 1340-69 AVENUE N.E. (WARD 2): N1r. Burns, City Manager, stated that this is a request to construct a 780 square foot accessory building in conformance with code requirements. Staff is recommending concurrence with the Planning Commission's recommendation to approve subject to six stipulations. APPROVED SPECIAL USE PERMIT REQUEST, SP #01-12 WITH THE FOLLOWING SIX STIPULATIONS: 1. PETITIONER SHALL INSTALL CODE REQUIRED HARD SURFACE DRIVEWAY WITHIN 12 MONTHS OF ISSUANCE OF THE BUILDING PERMIT; 2. PETITIONER SHALL OBTAIN ALL NECESSARY BUILDING PERMITS PRIOR TO CONSTRUCTION; 3. THE STRUCTURE SHALL NOT BE USED FOR A HOME OCCUPATION OR LIVING AREA; 4. ALL VEHICLES SHALL BE STORED ON A HARD SURFACE AS APPROVED BY THE CITY; 5. TOTAL SQUARE FOOTAGE OF ALL ACCESSORY STRUCTURES MUST NOT EXCEED 1,400 SQUARE FEET; AND 6. GARAGE SHALL BE ARCHITECTURALLY COMPATIBLE WITH EXISTING HOME AND FINISHED WITH COMPLEMENTARY SIDING AND COLOR SCHEME. 4. FIRST READING OF AN ORDINANCE AMENDING CHAPTER 506 OF THE FRIDLEY CITY CODE PERTAINING TO UNATTENDED VEHICLES: Mr. Burns, City Manager, stated that the changes are made to the end date of the City's parking ban from May 1 to April 1. Staff recommended Council's approvaL WAIVED THE READING AND APPROVED THE ORDINANCE ON FIRST READING. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 19. 2001 PAGE 7 5. RESOLUTION NO. 62-2001 RECEIVING THE PRELIMINARY REPORT AND CALLING FOR A PUBLIC HEARING ON THE MATTER OF CONSTRUCTION OF CERTAIN IMPROVEMENTS: EDGEWATER GARDENS NEIGHBOR-HOOD STREET IMPROVEMENT PROJECT NO. ST. 2002-1: Mr. Burns, City Manager, stated that the streets for next year's project include 65 1/2 Way, 66�h Way, 66 1/2 Way, 67�h Way, Rice Creek Way, Hickory Street, and Ashton Avenue. The hearing is scheduled for December 17, 2001. ADOPTED RESOLUTION NO. 62-2001. 6. RECEIVE PETITION REQUESTING ADDITIONAL "NO PARKING" SIGNS AT 65 AVENUE AND TH65 WEST SERVICE DRIVE: Mr. Burns, City Manager, stated that the Public Works Department strongly supports this request. RECEIVED PETITION. 7. RESOLUTION NO. 63-2001 IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT FOR FRIDLEY LIONS CLUB (JOE DIMAGGIO'S): Mr. Burns, City Manager, stated that this is a renewal and staff recommended Council's approval. ADOPTED RESOLUTION NO. 63-2001. 8. RESOLUTION NO. 64-2001 IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT FOR FRIDLEY VFW. POST 363: Mr. Burns, City Manager, stated that this is also a renewal and staff recommended Council's approval. ADOPTED RESOLUTION NO. 64-2001. 9. RESOLUTION NO. 65-2001 IN SUPPORT FOR THE NORTHSTAR COMMUTER RAIL PROJECT: Mr. Burns stated that the Northstar Corridor Development Authority has asked that all cities in the Highway 10/47 corridor renew their support for the project. ADOPTED RESOLUTION NO. 65-2001. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 19, 2001 PAGE 8 10. CLAIMS: APPROVED CLAIM NOS. 102395 -102635. 11. LICENSES: APPROVED ALL LICENSES AS SUBMITTED. 12. ESTIMATES: Dave Perkins Contracting, Inc. 14230 Basalt Street N.W. Ramsey, MN 55303 2001 Street Improvement Project No. ST. 2001-1 FINAL ESTIMATE $48,754.45 No persons in the audience spoke regarding the consent agenda items. ADOPTION OF AGENDA: Councilmember Wolfe stated that he would like Item No. 13 to be removed from the Agenda. MOTION by Councilmember Wolfe to adopt the agenda as amended with the removal of Item No. 13. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM, VISITORS: No persons in the audience spoke. PUBLIC HEARINGS: 13. CONSIDERATION OF LICENSE REVOCATION FOR SPIKERS GRILLE & BEACHCLUB: THIS ITEM WAS REMOVED FROM THE AGENDA. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 19, 2001 PAGE 9 14. CONSIDERATION OF AN UNSAFE BUILDING AT 5800 TENNISON DRIVE N.E. (WARD 2) (TABLED AUGUST 13, 2001): MOTION by Councilmember Woife to open the public hearing. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Hickok, Community Development Director, stated that the first affidavit he would - like submitted into record is one from the City's Building Official, Ron Julkowski, regarding the hazardous building located at 5800 Tennison Drive. In his affidavit, Mr. Julkowski indicated that he reviewed the June inspection and has determined the following conditions exist: 1. Open sewer lines throughout most plumbing fixtures-- mainly missing or leaking p-traps. Per state building code, all fixtures must have the proper trap and a minimum two-inch water seal within the trap. Failure to have the proper traps will fill the house with methane gas. All plumbing waste and piping should be repaired and retested. 2. The water supply piping had many leaks and shut off valves were not in working order. This could contaminate the City's water supply system in the event of backflow or back siphonage. 3. A gas leak was discovered at the clothes dryer connection. The gas supply lines and gas valves need to be inspected and retested to avoid explosion or fire. 4. The clothes dryer was not properly vented. All fuel-burning appliances need to be vented to the outside to prevent the possibility of carbon monoxide poisoning. 5. The water heater was not installed properly according to code. At the time of inspection, the main water shut-off valve was closed which makes this a constant, explosive and very dangerous situation. The second affidavit to be entered into the record contains Fridley Fire Marshal Ralph Messer's incident and investigation report. It also includes the Fridley building inspection division memo from David Jensen, the Community Development Director's affidavit to the Anoka County Court for a search warrant; Sections of the Minnesota Building Code #102; the City of Fridley's Code of Ordinance Chapter #110; an unsigned letter from Attorney John J. Curt to Alan Stensrud from the Animal Humane Society; a letter dated June 5 from Ms. Shelley Garber; an Anoka County Human Services report; a Check on Welfare report; an Anoka County Community Health and Environmental Services Department report; a letter to Mr. Julkowski from Shelley Jensen, Attorney at FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 19, 2001 PAGE 10 the time for Ms. Garber; a notice to not occupy the property; a letter from the City of Fridley to Ms. Jensen; a request for a hearing before a Hearing Officer; a letter from the City to Ms. Garber identifying James Gurovitch as the Hearing Officer providing instruction; the hearing notice for a public hearing; and, and colored photographs of inspections on the property. Mr. Hickok indicated that staff received a letter from Ms. Garber on October 27 which indicated items she felt had been completed. They also received a letter addressed to Mr. Burns that was dated November 17, describing the property owner's position on the hearing. Mr. Hickok stated that nine dogs and cats were evident in the home upon the initial inspection. The existence of the dogs without a kennel permit is a violation of the Animal code of the City of Fridley. An administrative warrant was issued and an investigation was completed with the Chief Building Official and Anoka County Health officials. Two specific state violations were thought to exist based on observations of the first inspection. There was concern about the Uniform Building Code, Section 102, Unsafe Buildings or Structures. Inspection records from the Fire and Building Division indicate years of fecal matter present and other items of concern. City Code, Chapter 110, Public Nuisance, was also violated. Mr. Hickok stated that there was evidence that mice were present. A dead mouse was observed in the refrigerator of the home in a dish. Sanitary facilities were shut off by the owner. Evidence that fecal matter was dumped down the floor grade existed and there was no floor grate, which would allow rats to enter the home. Last June, an official determination was made that this was an unsafe building due to fecal matter, open water and sewer systems, no working toilets or flushable electric service. There was also leaking natural gas behind the dryer with potential structural deficiencies due to lack of maintenance. A hearing officer involved and by statute, the owner of the property deemed unfit for habitation must be given opportunity to repair or demolish the property. Three offers to the homeowner were made. One offer was to have the matter heazd by the hearing officer. A hearing was held on August 30, 2001, and recorded by videotape. The hearing officer reviewed original wanants, summary reports prepared by staff, Anoka County Health and Human Service reports, and Humane Society documents. At the hearing Ms. Garber indicated she had $70,000 and would have the home ready to reoccupy by October 15, 2001. Ms. Garber's son indicated at the hearing that they had the completed the extermination, removed the clutter inside, and had obtained a roofing permit to reroof the house. City staff held off this hearing to allow the homeowner to complete the work. The roof job has been completed and the chimney repaired on exterior. One full dumpster of debris has been removed and a new garage door installed. - During the hearing in September, an official report was received from James Gurovitch who concluded that the residence of Shelley Garber is an unsafe building and a public nuisance. The City's actions were justified in accordance with applicable laws. The work had not been completed by the anticipated date. Ms. Garber indicated that she planned to professionally power clean the home. The interior of the home is beyond power cleaning. Her son, Tony Garber, indicated the house would be gutted and rebuilt. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 19, 2001 PAGE 11 Conditions in the house would require this approach. No inspections have been scheduled and no additional time frames have been established. The home sits empty, vulnerable to insects, rodents, and trespassers. Normal enjoyment of the surrounding property is a nuisance concern. Mr. Hickok indicated that once this hearing is closed, Council may act on a resolution approving City expenditure and assessment of the property. If Council chooses this alternative, the City will ask for authorization for Anoka County Court to demolish or reenter to make repairs, clean up, and bill the property for those costs. Staff anticipates cost of reconstruction to exceed $70,000. The alternative is to demolish the house. The - demolition cost estimate is $20,000. The hearing should be continued and a resolution approved to authorize abatement and allow Staff to proceed to Anoka County for an authorization. Councilmember Wolfe asked if Ms. Garber should be given more time because of the street improvement conditions leading to her home that hampered the improvements she wanted to make to home. It was hazd to get a dumpster up there. Mr. Hickok stated that this case began in June. The street asphalt work began on September 10. Water main work was completed on September 25, the grading work was done on October 4, and the curb was installed on October 10. The road was not able to be utilized on one day stretching into possibly a second day. One lane was always passable. Ms. Shelley Garber, the property owner of 5800 Tennison Drive, N.E., stated that even though there was somewhat of a lane available, she could not even get her car up that lane some days. That did hamper the progress. There is more work to be done. It is too complicated to explain how her house got this way. Her son is in charge of the project with a construction company. She has an estimate now of how they planned to go forward, with a loan available based on stock as a collateral. The stock after the crisis on September 11 went down. Her son is now taking out a loan. Mayor Lund asked if any other permits have been pulled. Ms. Garber stated that the roof is completed and the rest was not able to be done due to not having a dumpster available. They also had a plumbing contractor who could not do the plumbing because of the streets. The roofing contractor has had to hand carry the compressor down through the backyards to get out of the area. She does not like the thought of her house being gutted because she has a vision of a deer being gutted. However, her contractors are going to do what is necessary and the estimate spells out the duties. They have already spent about $10,000 and she thought it a good idea to power clean before they rip up everything. She said they were totally willing to cooperate with Mr. Julkowski and Mr. Hickok. Mayor Lund asked what time frame she wanted and what she wanted from Council. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 19, 2001 PAGE 12 Ms. Garber stated that she wanted to finish the house and put it on the market. The house is not abandoned because she is there every day packing and cleaning. The yard is mowed. The garage door is replaced and it looks like a normal house. Mayor Lund stated that it sounds like she wants the same thing as the City wants which is to get some type of completion. He asked what kind of a time frame she needed. Ms. Garber stated that she felt bad that they were not done by now. They plan to be done by December 15 and the contractors aze ready to go. Councilmember Wolfe asked if the plumber could not get in because the roads were bad, is it too late for him to come back now? Ms. Garber stated that she needed it inspected and does not know what all needs to be done herself. The gas people that were in there last winter did not mention the gas leak. She survived living in this house up to twenty years when it was not up to code. She is grateful that she is out of there and the house will be repaired. Councilmember Wolfe stated that he lives in the neighborhood and was able to drive up and down the streets. Ms. Garber stated that the plumbers work during the day when you could not drive up. Councilmember Wolfe stated that he drove there during the day. Ms. Garber stated that it was not like that every day. Councilmember Bolkcom asked what the estimate she mentioned was regarding. Ms. Garber stated that it included solidifying the outside and redoing all the windows, removing all rotten flooring, and going to substructure. She indicated that all plumbing and electric must be inspected and replaced as determined. The replacement cost were to be determined at inspection. The kitchen, two bathrooms, countertops and floors will all be redone. Addition of carpet and refacing and refinishing sheet rock is also included. MOTION by Councilmember Wolfe to accept two a�davits and the letters from Ms. Garber. Seconded by Councilmember Bolkcom. Councilmember Billings asked if he was receiving into record all the items itemized by Mr. Hickok. Councilmember Wolfe stated that was correct. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 19, 2001 PAGE 13 MOTION by Councilmember Wolfe to accept Ms. Garber's estimate from the contractor into the record. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Bolkcom asked if another dumpster was going to be used because the road is now fixed. She also asked when the contractor would start. Ms. Garber stated that the contractor would start on December 3. He will be on site doing work for two weeks and will be done by December 17. Mayor Lund stated that Ms. Garber anticipated the work to be completed before January 1, 2002. Ms. Garber stated that was correct. Mayor Lund stated that contractors know how to work with no heat. Ms. Garber stated that they do but she is not used to it. Mayor Lund asked what the time frame was for the next step. Mr. Knaak stated that it would be submitted and filed with the County Court if the resolution was passed. Ms. Gazber would have 20 days in which to respond. Ordinarily if the party is interested in reaching a resolution, it would be negotiated and a stipulation would be entered at the court and it would enforceable. The sanction for non- performance would depend on the negotiations. Mayor Lund stated that the abatement issue may go away if they accept the resolution and Ms. Garber and her son have time to resolve the issue. Mr. Knaak stated that nothing would stop this process from continuing and the Judge usually asks if there has been any progress in resolving the issues raised in the resolution. If there is, the Judge will seek some kind of resolution short of an actual trial. This can result in the house being destroyed if the findings of the City are upheld. Councilmember Wolfe asked if this was enough to stop the process. According to Mr. Julkowski and Mr. Hickok the amount of money in the contractor's estimate was only 1/3 of what the estimates were. Ms. Garber stated that she does not know why. They have already done $10,000 worth of work. Councilmember Wolfe asked when the second dumpster was there. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 19, 2001 PAGE 14 Ms. Garber stated that one dumpster was only for removal of junk and the other one was for the roof. Mr. Knaak, City Attorney, stated that the mark-up is an incentive. Mr. Hickok stated that we should be clear that the estimate only includes the cost for inspection of plumbing-not doing it. That is a$300 charge. It talks about removing existing windows and replacing those and is very nondescript in the charge for the kitchen and two baths. The sum of $5,000 is pretty low and may be to only refurbish. Carpeting and sheetrocking is included. The estimate does not include the plumbing system that needs to be possibly be completely replaced. The other systems also need to . be looked at. This is basically cosmetic charges. Ms. Garber stated that they would do whatever it takes. Councilmember Bolkcom stated that the estimate is not including everything and she wants to make sure Ms. Garber is aware of all the issues and items that need to be corrected. Ms. Garber stated that she does know. Mayor Lund stated that they are not really refuting the potential for abatement tonight. Ms. Gazber stated that she does not really understand abatement. Mr. Burns, City Manager, stated that abatement may take form of rehabilitation of the house or demolition of the house. Mr. Hickok stated that staff recommendation is demolition of the house which would cost approximately $20,000. Mayor Lund stated that would be prudent if there are estimates up to $70,000. Ms. Garber has time and could stop the process if she wants. Ms. Garber stated that it is difficult for her and she feels like she should do everything that is possible and just go forward. Councilmember Barnette asked if there was a resolution to demolish the home and the home is gone with a$20,000 bill that has to be paid, what value is left? Mr. Hickok stated that the value of the lot is left. Ms. Garber stated that she was offered $200,000 for her lot before without the house for development. She does not want to sell to a land developer. This is not an issue for her, because she is retired. It is a value to her heirs. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 19, 2001 PAGE 15 Councilmember Bolkcom stated that they are not here tonight to determine what is done and how it is done, but to determine whether to remove or repair a hazardous building at this address. She is well aware of what she needs to do. She is concerned too, but the waters are getting muddy. Mr. Knaak stated that is correct, and usually you would eYpect that the result would be to repair the home. This moves the enforcement process forward and does not require destruction of the house or anything other than the removal of the as-is conditions. If that cannot happen without raising the house, at that point, that is what occurs. Mayor Lund thanked Ms. Garber for her comments. Mr. Ron Julkowski, Building Official, stated that there may be bids on general work, but there are code items to address. He is not used to this, he is only used to fire and water damage. He felt another professional was needed to give an opinion and give advice on how to apply for the proper permits. Mayor Lund stated that Ms. Garber is willing to cooperate with that as we work through the process. Councilmember Wolfe asked if the improvements seemed more cosmetic. Mr. Julkowski stated that part of his report had an inclusion stating that because of the darkness without electricity, the inspection was done with flashlights. A lot of the detail work has to be done when things are ripped apart to see how far the rot has gone. It is very important to look at the plumbing or what is inside the walls. As a City we have to look at potential buyers to make sure things are done properly. MOTION by Councilmember Wolfe to close the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 9:15 P.M. NEW BUSINESS: 15. RESOLUTION NO. 66-2001 ORDERING THE REMOVAL OR REPAIR OF A HAZARDOUS BUILDING, PURSUANT TO MINNESOTA STATUTES, SECTION 463, LOCATED WITHIN THE CITY OF FRIDLEY, MINNESOTA (5800 TENNISON DRIVE N.E.1: Mr. Hickok, Community Development Director, stated that this resolution was referred to in the public hearing, and sets the course for what it is Council would like to have happen. Staff recommended approval of the resolution with demolition being the end product. There is a date in the resolution that should be the end date. At that point, if the project is not complete staff will recommend that we proceed. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 19, 2001 PAGE 16 Mr. Knaak, City Attorney, stated that since this initiates the process, it would not be appropriate to specify a date in the resolution itself. It could be 20 days, or mid- December before there would be a hearing. Certainly Staff could be directed to allow for a certain amount of discussion by December 31. MOTION by Councilmember Wolfe to approve Resolution No. 66-2001. Seconded by Councilmember Bolkcom. Councilmember Billings asked if the inspection would be done by qualified people in the business of renovation. Would it be appropriate to add an item L. to Section 2 indicating that is one of the things we would like to have done? - Mr. Knaak stated that the concerns raised by the Building Inspector were legitimate but not part of the factual underpinnings of the resolution. It would not be appropriate. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Bolkcom asked if Ms. Garber would be receiving a letter at home stating that as of tomorrow the resolution had been passed? Mr. Hickok stated that she would. 16. RESOLUTION NO. 67-2001 PROVIDING FOR WATER RATE CHANGE: Mr. Pribyl, Finance Director, stated that the last water rate treatment rate change was in 1996, and staff is requesting a rate increase at $1.00 per thousand gallons to $1.04 per thousand gallons for those consumers under 500 gallons. Staff is requesting that the rate for over 500 gallons go to $1.09 per thousand. He said this is based on resources necessary to operate the water utility activities for 2002. This increase is in compliance with the requirements of the City Charter. Councilmember Bolkcom asked if the City was operating in the deficit right now. Mr. Pribyl stated they are projecting that in 2002, the City would be in the deficit possibly even with this rate increase. MOTION by Councilmember Barnette to adopt Resolution No. 67-2001. Seconded by Councilmember Bolkcom. Councilmember Bolkcom stated that we are limited on the four percent increase at this rate. Mr. Pribyl stated that was correct. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 19, 2001 PAGE 17 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 17. RESOLUTION NO. 68-2001 PROVIDING FOR SEWER RATE CHANGE: Mr. Pribyl, Finance Director, stated that the last rate increase for sewer was in 2000 with a reduction based on the City's costs for sewer disposal charges. He said they see increases coming in the near future and based on those increases, see a need for a rate increase for 2002 from $2.20 per thousand gallons to $2.28 per thousand gallons. This is based on the limitation the Charter imposes. Staff is also recommending the City increase the consumption on that cap by 2,000 gallons by about $3.00 per quarter. This is based on the necessary resources for property class required to operate for 2002. the single family minimum charge is $27.36. Commercial Industrial minimum charge is $57.00. The non-profit entity charge would be $57. Multiple dwellings would be $57. Qualified Disabled Senior Citizens would be a maximum of $22.80. There is a maximum of 10,000 gallons that would be charged on that class category. MOTION by Councilmember Billings to adopt Resolution No. 68-2001. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mayor Lund stated that these rates fluctuate. This is not a way of raising fees but to only do what is necessary for these enterprise funds. 18. RESOLUTION NO. 69-2001 PROVIDING FOR A STORM WATER DR�INAGE RATE CHANGE: Mr. Pribyl, Finance Director, stated that the last rate change was modified back in 1996. Staff is recommending the Residential Equivalency Factor be increased from $8.40 to $8.73 per quarter at a cap of four percent placed on it by the City Charter. This is requirement placed in the budget for 2002 to bring it to adjustment status. Councilmember Bolkcom asked if it ended up being $2.91 per quarter and if it was operating at a deficit now. Mr. Pribyl stated that was correct at $2.91 per quarter and it is at a deficit right now. Mayor Lund asked if the four percent would be adequate. Mr. Pribyl stated that it would not be. It would still operate at a minor deficit. MOTION by Councilmember Bolkcom to adopt Resolution No. 69-2001. Seconded by Councilmember Barnette. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 19, 2001 PAGE 18 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 19. INFORMAL STATUS REPORTS: Mayor Lund stated that he attended a nice Thanksgiving choral concert at Grace Evangelical Church on Sunday Afternoon. He would invite the community to come out to this event in the future. Councilmember Bolkcom stated that City Hall is closed on Friday and she wishes everyone a Happy Thanksgiving. She indicated that there will be a meeting with Columbia Heights School District No. 13, and the City Councils of Fridley, Columbia Heights and Hilltop on November 29 at 5:30 p.m. at the Community Center. ADJOURN: MOTION by Councilmember Barnette to adjourn the meeting. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE NOVEMBER 19, 2001, CITY COUNCIL MEETING ADJOURNED AT 9:36 P.M. Respectfully submitted, Signe L. Johnson Scott Lund Recording Secretary Mayor � � QTY OF FRIDLEY TO: FROM: DATE: AGENDA ITEM CITY COUNCIL MEETING` OF DECEMBER 3, 2001 ; � William W. Burns, City Manager �;�� i � � J on H. Haukaas, Public Works Director October 16, 2001 SUBJECT: Second Reading of ZTA No. 01-09 PWO1-094 On Monday, November 19, 2001, the City Council approved the first reading of the proposed modification to the winter parking ban changing the end date from May 1 to April 1. Recommend the City Council approve the second reading of the ordinance as presented. JHH:cz 0 1 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 506 OF THE FRIDLEY CITY CODE PERTAINING TO UNATTENDED VEHICLES THE CITY COUNCIL OF THE CITY OF FRIDLEY DOES ORDAIN AS FOLLOWS: That Section 506.04 is hereby amended as follows: 506.04 Unattended Vehicles 1. No person shall stop, park or leave a vehicle unattended upon a street or highway in the City for a period in excess of 24 hours. 2. No person all stop, park or leave a vehicle unattended upon a street or highway in the City between the hours of 2:00 O'clock a.m. and 6:00 O'clock a.m. between the first day of November of any year, to and including the first day of �4a�t April of the following year. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 2001. ATTEST: DEBRA A. SKOGEN, CITY CLERK Public Hearing: First Reading: Second Reading: Published: SCOTT J. LUND, MAYOR November 5, 2001 November 19, 2001 � CITY OF FRIDLEY PLANNING COMMISSION MEETING, NOVEMBER 7, 2001 CALL TO ORDER: Chairperson Savage called the November 7, 2001, Planning Commission meeting to order at 7:30 p.m. ROLL CALL: Members Present: Diane Savage, Dave Kondrick, Larry Kuechle, Leroy Oquist, Dean Saba, Barbara Johns Members Absent: None Others Present: Stacy Stromberg, Planner Troy Findell, 1340 69`h Avenue APPROVE THE OCTOBER 17 2001 PLANNING COMMISSION MEETING MINUTES: MOTION by Mr. Kondrick, seconded by Mr. Kuechle, to approve the October 17, 2001, Planning Commission meeting minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. PUBUC HEARING: Consideration of a Special Use Permit, SP #01-12, by Troy Findell, for a second accessory structure (garage), generally located at 1340 69th Avenue NE. MOTION by Mr. Kondrick, seconded by Mr. Kuechle, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 7:33 P.M. Ms. Stromberg stated the petitioner is seeking a special use permit to construct a 780 square foot accessory building at his residence. This will be used to store vehicles and recreational equipment. Section 205 of the Zoning Code requires a special use permit to allow accessory buildings other than the first accessory building over 240 square feet. It also requires that the total square footage of an accessory structure not exceed 1,400 square feet. The total square footage of the existing garage and the proposed accessory structure is 1,293 square feet. Ms. Stromberg stated that staff recommends approval of the special use permit with the following stipulations: 1. The petitioner shall install code required hard surface driveway three feet from the property line within twelve months of issuance of the building permit. 2. The petitioner shall obtain all necessary building permits prior to construction. 3. The structure shall not be used for a home occupation or living area. 4. All vehicles shall be stored on a hard surface driveway as approved by the City. 5. The total square footage of all accessory structures must not exceed 1,400 square feet. 3 PLANNING COMMISSION MEETING, NOVEMBER 7, 2001 __ __ PAGE 2 6. The garage shall be architecturally compatible with the existing home and finished with complementary siding and color scheme. Mr. Kondrick asked if stipulation #1 means that the petitioner must pave his driveway from the street to the garage. Ms. Stromberg stated that is correct. Ms. Savage stated that a letter was°received from Sandra Bacon, 1350 69`h Avenue NE, who could not be present at the meeting. She read the following letter: "My name is Sandra:Bacon and I.live at 1350 69'h Ave. NE. My property is next to 1340 69`h Ave. NE. which is where the Special Use Permit Request is being asked for. "I can't make the meeting on November 7 so I'm writing this letter. These are my concerns, I bought my house in 1968, lived here all these years. Over a year ago, Troy Findell asked me if I would be willing to give him some of my property to build a garage and d�iveway in the back of his property. He said he would fix it up so it really looked nice. I told him property was to expensive to just give away, but I would be willing to sell him the strip of prorate that he needed. I guess he didn't want to do that, because I never heard anything more about it. Later on I came home from work and Troy had bobcats and etc. digging up his ground to pour at garage foundation. "My bedroom is close to where his garage will be. I'm very concerned about all the noise and lights, because Troy works outside a lot after dark and later into the evening. I have put up with his light on his house and the flood lights he uses in his backyard when he works at night. I'm concerned what it's going to be like with a large garage outside my bedroom window. I don't think I should have to put black curtains in my bedroom to sleep at night. We go to bed early because we get up at 4:00 a.m. to go to work. Another concern I have with the driveway being so close to my property is snow plowing in the winter time. I think neighbors should have a little more concern has each other when properties are this close together." MOTION by Mr. Kondrick, seconded by Mr. Saba, to accept the letter. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Troy Findell, 1340 69`h Avenue NE, stated that when he first approached Sandra Bacon over a year ago, she told him where the property line was. She told him that the line basically went down the middle of his driveway. He was worried he would not have enough room to put in a driveway. Since then, he had the property surveyed, and it turned out that the line is not where Ms. Bacon thought it was. He no longer needed to buy any property from her. She mentioned him working at night. That was when the time changed, which was recently, and it was before 9:00 p.m. The garage will be used for a garage only. The floodlights are motion lights and are on the lowest setting not aimed direct�y at her house. � PLANNING COMMISSION MEETING, NOVEMBER 7, 2001 PAGE 3 Ms. Savage asked if he had a problem with stipulations. Mr. Findell stated that he does not and prefers to have a hard paved surface. Mr. Kondrick asked if he understood his question regarding the driveway to the street. Mr. Findell stated he understood. " Mr. Kondrick stated that all the setbacks are within his rights. '� �° _ Ms. Stromberg stated that is correct. MOTION by Mr. Kuechle, seconded by Ms. Johns, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBUC HEARING WAS CLOSED AT 7:40 P.M. Mr. Kondrick stated that he does not have a problem with this special use permit request. Ms. Savage stated she agreed. MOTION by Mr. Kuechle, seconded by Ms. Johns, to recommend approval of SP #01-12 with the stipulations. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Savage stated that this item will go to City Council on November 19. 2. RECEIVE THE MINUTES OF THE OCTOBER 16. 2001, ENVIRONMENTAL QUALITY AND ENERGY COMMISSION MEETING: MOTION by Ms. Johns, seconded by Mr. Kondrick, to receive the minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. APPROVE THE 2002 PLANNING COMMISSION MEETING DATES: MOTION by Mr. Kondrick, seconded by Mr. Saba, to approve the 2002 Planning Commission meeting dates. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. OTHER BUSINESS: Mr. Kuechle asked if any thought has been given to e-mailing the Planning Commission agenda documents. 5 PLANNING COMMISSION MEETING, NOVEMBER 7, 2001 PAGE 4 Ms. Stromberg stated that there has been talk of it. If Commission members are interested, staff can look into it. It is already done for City Council. Ms. Savage asked if the Agenda was e-mailed to the City Council. Ms. Stromberg stated that is correct. Ms. Johns asked if all the materials were e-mailed. : - Ms: Stromberg stated that is correct. It is all on digital`°form and she does not see why it could not be e-mailed to the Planning Commission, depending on the item. The November 21 meeting has been canceled, but there will be a m�eting on-December 5. ADJOURNMENT: MOTION by Mr. Kondrick, seconded by Ms. Johns;�fi�adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE NOVEMBER 7, 2001, PLANNING COMMISSION WAS ADJOURNED AT 7:45 P.M. Respectfully submitted, � � � � ��y���� Sig ' L. John n � Recording Secretary � � CfTY OF ;, FRIDLEY ' Date: To: AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 3, 2001 . December 3, 2001 William Burns, City Manager r�l` A� From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject: Variance Request, VAR #01-13, Bob and Mike Schroer INTRODUCTION M-01-178 Bob and Mike Schroer are seeking to reduce the required setback of a free-standing sign from a property line from ten (10) feet to one (1) foot to allow the construction of a new free- standing sign at 7610 University Avenue. APPEALS COMMISSION RECOMMENDATION At the November 14, 2001, Appeals Commission meeting, a public hearing was held for VAR #01-13. After a brief discussion, the Appeals Commission recommended approval of variance request, VAR #01-13, as this variance request has unique circumstances that are not found at other properties in Fridley. The recommendation of approval was granted with the stipulations as presented. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMENDATION City Staff recommends concurrence with the Appeals Commission. STIPULATIONS Staff recommends that if the variance is granted, the following stipulations be attached. 1. Petitioner shall obtain a sign permit before installation of sign. 2. The sign shall meet code requirements for size. 3. The sign shall be a minimum height of ten (10) feet from the bottom of the sign to the finished ground grade. 4. The sign must be designed so it does not overhang the property line. 7 City of Fridley Land Use Application VAR #01-13 November 14, 2001 GENERAL INFORI�IATION SPECIAL INFORMATION Applicant: East Ranch Estates Bob and Mike Schroer 7610 University Avenue NE Fridley NIN 55432 Requested Action: Varianee to reduce the setback of a free- standing sign from a property line to construct a new free standing sign. Existing Zoning: G2 (General Business) Locarion: 7610 University Avenue Size: 31,000 sq. ft. .71 acres Existing Land Use: Commercial Building Surrounding Land Use & Zoning: N: Kennedy Transmission & G2 E: University Avenue & Right-of-way S: Freedom Gas Station & C-2 W: Bob's Produce & G2 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Confom�ance: Section 214.11.2.(E) requires a minimum distance of ten (10) feet from any property line far a free standing sign. Zoning History: 1969 — Lot is platted. 1969 — University Station was built. 2000 — Univ. Station was demolished. 2001 — New commercial building being built. Legal Description of Property: Lot 1, Block 1, East Ranch Estates Public Utiliries: Building is connected. : Transportation: University Avenue Service Road will provide access to�the building. Physical� Gharacterisrics: Lot consists:ofbuilding, parki.ng lot, and landscaping SUM'VIARY OF PROJECT Bob and Mike Schroer are seeking to reduce the required setback of a free-standing sign from a property line from ten (10) feet to one (1) foot to allow the construction of a new free-standing sign at 7610 University Avenue. SUMMARY OF HARDSHIP "The area that the sign should be located is in the easement along Osborne Road. This easement on the soa�th side of the property has 2 five foot water lines for the City of St. Paul. The St. Paa�l Water Department has indicated that they would not allow a sign base near their pipes da�e to the depth needed to support a sign. With the 10 feet from the property line requirement, the only area to put a sign base is in the green area between the parking lot and the property line on the east side. " - Mike Schroer SUMl�1ARY OF ANALYSIS Ciry Staff recommends approval of this variance request as there are unique circumstances that are found at other properties in Fridley. • St. Paul Water Department will not allow the sign base on the south side of the property because of their water lines. • Locating the sign in the storm pond would not be permitted. � A roof top sign would not work architecturally with the design of the new builcling. CITY COUNCIL ACTION/ 60 DAY DATE City Council — December 3, 2001 60 Day — December 10, 2001 Staff Report Prepared by: Stacy Stromberg VAR #01-13 REQUEST Bob and Mike Schroer are seeking a variance that will reduce the required setback of a free-standing sign from the property line from ten (10) feet to one (1) foot to allow the _ construction of a new free-standing sign at 7610 University Avenue. Vew of Commercial Building being ConsVucted SITE DfSCRIPTION AND HISTORY The property is located in the northwest corner of the intersection of University Avenue and Osborne Road. The property is zoned C-2, General Business. The original University Station was built in 1969 and was demolished in 2000. Currently a 4,600 square foot commercial building is being constructed on the site. CODE REQUIREMENTS Section 214.12.02.E of the Sign Code requires that free-standing signs be a minimum distance of ten (10) feet from any property line for a free standing sign. FOUR CODE CONDITIONS REQUIRED FOR SIGN VARIANCE APPROVAL Before the Commission shall recommend a variance, it is the responsibility of the applicant to meet the four conditions required to be met in Section 214.21.02 of the City Sign Code. The four requirements and an explanation of how the petitioner has met these mandatory requirements are listed below. 0 1. Exceptional or extraordinary circumstances applicable to the property or to the intended use that do not apply generally to other property in the same vicinity and district. • The 2 five foot water lines for the City of St. Paul prohibit the petitioner from locating the sign in the southern portion of his property. • A storm pond is located in the northern most corner of the properi�;° {fthe sign were to be located in this area the sign would need to b��lt�c��d in the _ middle of the pond, which would cause ponding and grading is.s� .<� • The site is small and of an odd configuration that limits parking to which is required by code. No parking stalls can be scarified to acco.r.x�mac#at�:a,:, ` sign. 2. That the variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the sarr�e vicinity and district, but which is denied the property in question. • All commercial properties within the City of Fridley have a right to have a free-standing pylon sign on their site. The proposed sign location is the only alternative for the petitioner. 3. That the strict application would constitute an unnecessary hardship. • Denial of this variance would not give the property owner the opportunity to advertise the businesses located on the site. View of the Proposed Sign Location — Within the 5 ft. between the parking curb line and property line 10 4. That the granting of the variance would not be materially detrimental to the public health, safety or general welfare, or detrimental to the property in the vicinity or district in which the property is located. • University Avenue lies 75 feet east of the property line. Within this 75 feet of right-of-way is an asphalt bike path. Because the proposed location of this sign is over 75 feet from University Avenue it will not impede vehicular or pedestrian vision or cause a hazardous condition to exist. � The proposed location of the sign is on the east side of the property. Five feet lies befinreen the property line and the parking curb line. The petitioner is proposing to put the sign within this five-foot area, putting the base of the sign in one foot from both the parking curb line and the property line, which would leave three feet for the base of the sign to be located within. A similar variance was granted in 1992 for Medtronic on Central Avenue reducing the setback to from ten feet to zero feet. HARDSHIP STATEMENT "The area that the sign should be located is in the easement along Osborne Road. This easement on the south side of the property has 2 five foot water lines for the City of St. Paul. The St. Paul Water Department has indicated that they would not allow the sign base near their pipes due to the depth needed to support a sign. With a 10 feet from the property line requirement, the only area to put a sign base in is the green area between the parking lot and the property line on the east side of the property." - Mike Schroer RECOMMENDATIONS City Staff recommends approval of this variance request as there are unique circumstances that are not found at other properties in Fridley. • St. Paul Water Department will not allow the sign base on the south side of the property because of the location of their water lines. • Locating the sign in the storm pond would not be permitted. • A roof top sign would not work architecturally with the design of the new building. • No parking stalls can be eliminated to accommodate a sign. STIPULATIONS If the Appeals Commission were to recommend that the Council grant this variance request, staff recommends that the following stipulations be attached. 1. Petitioner shall obtain a sign permit before installation of sign. 2. The sign shall meet code requirements for size. 3. The sign shall be a minimum height of ten (10) feet from the bottom of the sign to the finished ground grade. 4. The sign must be designed so it doesn't overhang the property line. 11 CITY OF FRIDLEY APPEALS COMMISSION MEETING NOVEMBER 14, 2001 1. PUBLIC HEARING: VARIANCE #01-13, BY BOB AND MIKE SCHROER: - Per Section 214.11.1 E of the Fridley Sign Code, to reduce the required setback of a � ._ free-standing sign from a property line or driveway from ten (10) feet to one (1) foot to �� � .-. _ allow the construction of a new free-standing sign on Lot 1, Block 2, East Ranch Estates, ...... ... _ 1St Addition, generally located at 7610 University Avenue. MOTION by Mr. Jones, seconded by Mr. Zinter, to waive the reading and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECI.ARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 7:33 P.M. Ms. Stromberg stated the petitioners are seeking a variance to reduce the required setback of a free-standing sign from a property line from 10 feet to 1 foot to allow the construction of a new sign at 7610 University Avenue. The property is located in the northwest corner of University Ave. and Osborne Road. It is zoned C-2, General Business. The original University Station was built in 1969 and was demolished in 2000. Currently, a 4,600 square foot commercial building is being constructed on the site. The City Sign Code requires that free-standing signs be a minimum distance of ten feet from any property line. Ms. Stromberg stated the Sign Code also has four conditions where strict enforcement would cause an undue hardship. The first condition states: "That there are exceptional or extraordinary circumstances applicable to the prope�ty or intended use that do not apply generally to other properties in the same vicinity and districY'. The two five-foot water lines from the City of St. Paul prohibit the petitioner from locating the sign in the southern portion of the property. A storm pond is located in the no�thernmost corner of the property. Locating the sign here cause ponding and grading issues. The site is an odd configuration that limits parking to a minimum allowed by code. No parking stalls can be sacrificed to accommodate a sign. Ms. Stromberg stated the second condition states: "That the variance is necessary for the preservation and enjoyment of a substantial property right possessed by other properties in the same vicinity and district. but which are denied the property in question." All commercial properties in the City of Fridley have a right to a free-standing pylon sign on their site. The proposed sign location is the only alternative for the petitioner. Ms. Stromberg stated the third condition states: "That the strict application of the Chapter would constitute an unnecessary hardship." She stated denial of the variance would not give the owner the opportunity to advertise the businesses located on site. Ms. Stromberg stated the fourth condition is: "That the granting of the variance would not be materially detrimental to the public health, safety, or general welfare, or detrimental to the properties in the vicinity or district in which the property is located." She stated University Avenue lies 75 feet east of the site's property line. An asphalt bike path is within that right-of- way. Because the proposed location of the sign is over 75 feet from University Avenue, it will not impede vehicular or pedestrian vision or cause a hazardous condition to exist. The proposed sign location is on the east side of the property. Five feet lie between the property line 12 APPEALS COMMISSION MEETING, NOVEMBER 14, 2001 PAGE 2 and the parking curb line. The base of the sign would be one foot from both the parking, curb line, and property line. This would leave three feet for the base of the sign to be located within. Ms. Stromberg stated that the summary of hardship submitted by the petitioner states that: "The area that the sign should be located is in the easement along Osborne Road. The easement on the south side of the property has two five foot water lines from the City of St. Paul. The St. Paul Water Department has indicated they would not allow the sign base near the pipes due to the depths needed:�to-suppo�t the sign. With a ten-foot property line requirement, the only area to put a sign-base`is: in the green area between the parking lot and the property line on the east side of the property." Ms. Stromberg stated staff re`�ommends approval of the variance request because there are unique circumstances that are not found at other properties in Fridley. The St. Paul Water Department will not allow the sign base on the south side of the property because of their water lines. Locating the sign in the storm pond would not be permitted. A rooftop sign would not work architecturally because of the design of the new building. No parking stall can be eliminated to accommodate a new sign. If the variance is granted, the following stipulations are recommended: 1. The petitioner shall obtain a sign permit before installation of the sign. 2. The sign shall meet code requirements for size. 3. The sign shall be a minimum height of ten feet from the bottom of the sign to finish grade. 4. The sign must be designed so it does not overhang the property line. Mr. Zinter asked where the existing base was located. Mr. Schroer stated that it was removed from the area near the water lines. Mr. Kuechle asked if the sign was going to be further to the north. Ms. Stromberg stated that a stake was located in the area; however, she is not sure if that signifies the location of the sign or not. The petitioner would be able to answer this question. Mr. Schroer stated that it would be on the east side of the property. Mr. Kuechle stated that the specification of the minimum height of the sign from the ground level is ten feet. Wouldn't staff want the maximum allowed by code? Ms. Stromberg stated it is the same language in the City Code. Staffjust added the stipulation to make sure there are no clearance issues with people walking on the bike path. Mr. Jones asked how wide the sign would be. Ms. Stromberg stated that it cannot overhang the property line. The sign can be as wide as the petitioner wishes, as long as it doesn't overhang the property line. Mr. Schroer said he does not have any problems with the stipulations. MOTION by Ms. Jackson, seconded by Ms. Jones, to close the public hearing. 13 APPEALS COMMISSION MEETING, NOVEMBER 14, 2001 PAGE 3 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 7:50 P.M. Ms. Jackson stated that the four conditions are all being met here, and she has no problem with this request. Mr. Jones stated that he is glad they found a spot to put the sign. Mr. Kuechle�tatec��ttr��t is a valid hardship, and it does not set a precedent due to the unique situation. MOTION by Mr. Zinter, seconded by Mr. Jones, to recommend approval of VAR #01-13, with the following stipulations. 1. The petitioner shall obtain a sign permit before installation of the sign. 2. The sign shall meet code requirements for size. 3. The sign shall be a minimum height of ten feet from the bottom of the sign to finish grade. 4. The sign must be designed so it does not overhang the property line. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Stromberg stated that this item will go to City Council on December 3. 14 � AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 3, 2001 cmr oF FRIDLEY Date: December 3, 2001 To: William Burns, City Manager ,� �i � From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject: Sign Plan for North Central Business Center — 452 Northco Drive M-01-179 INTRODUCTION CSM Corporation, owner of the North Central Business Center, is requesting that the City Council approve a proposed sign plan. (See attachment in your packet). SUMMARY Code Section 214.14, requires shopping centers and multiple tenant buildings to have a comprehensive sign plan approved by the City. The purpose of this requirement is to assure that centers have well planned, aesthetically pleasing, and consistent appearance. The proposed sign plan does meet all the City's criteria and will ensure a consistent look to the signage of this new building. Letters will not exceed 36" in height, will be gloss black in color and be the reverse channel metal letter type. PLANNING STAFF RECOMMENDATION City Staff recommends approval of the proposed comprehensive sign plan for the North Central Business Center located at 452 Northco Drive. 15 � � QTY OF fRIDLEY DATE: TO: FROM: AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 3, 2001 Novembsr:28, 2001 William IRII. Burns, City Manager,�} �, ��� 0 \� Julianne Tostenson, Planning Secretary SUBJECT: Approvat:af 2002 60-Day Action Application Deadlines for the Planning and Appeals Commission Meetings Enclosed for your review and approvai are the 2002 Pianning Commission and Appeals Commission 60-Day Action application deadlines. Enclosures 16 � CITY OF FRIDLEY PLANNING 2002 DEVELOPMENT REVIEW SCHEDULE FOR PLANNING COMMISSiON AND CITY COUNCIL ACTION �ity Council meeting dates are conringent upon the outcome of the Planning Commission meeting, and also need of a public hearing before the City Council. * Different date due to a holiday. ** Date subject to change. !�pplication Deadline: November 30, 2001 Ten Day Completion Notification: December 10, 2001 Publication Deadline: _ December 1 l, 2001 Planning Commission Meeting: January 2, 2002 City Council Meeting: January 28, 2002 b0 Day Agency Action: January 29, 2002 :�pplication Deadline: December 14, 2001 Ten Day Completion Notification: December 21, 2001 * Publication Deadline: December 21, 2001 * Planning Commission Meeting: January 16, 2002 City Council Meeting: January 28, 2002 60 Day Agency Action: February 12, 2002 Application Deadline: January 4, 2002 Ten Day Completion Notification: January 14, 2002 Publication Deadline: January 15, 2002 Planning Commission Meeting: February 6, 2002 City Council Meeting: February 25, 2002 60 Day Agency Action: March 5, 2002 Application Deadline: January 18, 2002 Ten Day Completion Notification: January 28, 2002 Publication Deadline: January 29, 2002 . Planning Commission Meeting: February 20, 2002 City Council Meeting: March 4, 2002 � 60 Day Agency Action: March 19, 2002 �pplication Deadline: February 1, 2002 Ten Day Completion Notification: February 11, 2002 Publication Deadline: February 12, 2002 Planning Commission Meeting: March 6, 2002 City Council Meeting: March 25, 2002 60 Day Agency Action: April 1, 2002 17 - Page 2— City of Fridley - 2002 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. * Different date due to a holiday. ** Date subject to change. Application Deadline: February 15, 2002 Ten Day Completion Notification: February 25, 2002 Publication Deadline: February 26, 2002 Planning Commission Meeting: March 20, 2002 City Council Meeting: Apri18, 2002 60 Day Agency Action: April 15, 2002 Application Deadline: March 1, 2002 Ten Day Completion Notification: March 11, 2002 Publication Deadline: March 12, 2002 Planning Commission Meeting: April 3, 2002 City Council Meeting: Apri122, 2002 60 Day Agency Action: April 29, 2002 Application Deadline: March 15, 2002 Ten Day Completion Notification: March 25, 2002 Publication Deadline: March 26, 2002 Planning CommissionMeeting: April 17, 2002 City Council Meeting: May 6, 2002 60 Day Agency Action: May 14, 2002 Application Deadline: March 29, 2002 Ten Day Completion Notification: April 8, 2002 Publication Deadline: Apri19, 2002 Planning Commission Meeting: May 1, 2002 City Council Meeting: May 20, 2002 60 Day Agency Action: May 27, 2002 Application Deadline: April 12, 2002 Ten Day Completion Notification: Apri122, 2002 - Publication Deadline: April 23, 2002 Planning Commission Meeting: May 15, 2002 � - City Council Meeting: June 3, 2002 60 Day Agency Action: June 10, 2002 : Page 3— City of Fridley - 2002 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. * Different date due to a holiday. ** Date subject to change. Application Deadline: May 3, 2002 Ten Day Completion Notification: May 13, 2002 Publication Deadline: May 14, 2002 Planning Commission Meeting: June 5, 2002 '` City Council Meeting: June 24, 2002 ���°� 60 Day Agency Action: July 1, 2002 � Application Deadline: May 17, 2002 Ten Day Completion Notification: May 27, 2002 Publication Deadline: May 28, 2002 Planning Commission Meeting: June 19, 2002 City Council Meeting: July 8, 2002 60 Day Agency Action: July 15, 2002 There will be no meeting on July 3�d due to the 4`� of July holiday! :�pplication Deadline: June 14, 2002 Ten Day Completion Notification: June 24, 2002 Publication Deadline: June 25, 2002 Planning Commission Meeting: July 17, 2002 City Council Meeting: August 12, 2002 60 Day Agency Action: August 12, 2002 Application Deadline: July 5, 2002 Ten Day Completion Notification: July 15, 2002 Publication Deadline: July 16, 2002 Planning Commission Meeting: August 7, 2002 City Council Meeting: August 26, 2002 _ 60 Day Agency Action: September 2, 2002 Application Deadline: July 19, 2002 Ten Day Completion Notification: July 29, 2002 Publication Deadline: July 30, 2002 Planning Commission Meeting: August 21, 2002 City Council Meeting: September 9, 2002 60 Day Agency Action: September 16, 2002 19 Page 4— City of Fridley - 2002 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. * Different date due to a holiday. ** Date subject to change. Application Deadline: August 2, 2002 Ten Day Completion Notification: August 12, 2002 Publication Deadline: August 13, 2002 Planning Commission Meeting: , September 4, 2002 City Council Meeting: September 23, 2002 60 Day Agency Action: September 30, 2002 Application Deadline: August 16, 2002 Ten Day Completion Notification: August 26, 2002 Publication Deadline: August 27, 2002 Planning Commission Meeting: . September 18, 2002 City Council Meeting: October 14, 2002 60 Day Agency Action: October 14, 2002 Application Deadline: August 30, 2002 Ten Day Completion Notification: September 9, 2002 Publication Deadline: September 10, 2002 Planning Commission Meeting: October 2, 2002 City Council Meeting: October 14, 2002 60 Day Agency Action: October 28, 2002 Application Deadline: September 13, 2002 Ten Day Completion Notification: September 23, 2002 Publication Deadline: September 24, 2002 Planning Commission Meeting: October 16, 2002 City Council Meeting: October 28, 2002 60 Day Agency Action: November 11, 2002 Application Deadline: October 4, 2002 Ten Day Completion Notification: October 14, 2002 • Publication Deadline: October 15, 2002 Planning Commission Meeting: November 6, 2002 _ City Council Meeting: November 18, 2002 60 Day Agency Action: December 2, 2002 2� - Page 5— City of Fridley - 2002 Planning Commission Schedule - :"ity Council meeting dates are contingent upon the outcome of the Planning Commission meeting, and also need of a public hearing before ~.e City Council. * Different date due to a holiday. ** Date subject to change. �pplication Deadline: October 18, 2002 Ten Day Completion Notification: October 28, 2002 Publication Deadline: October 29, 2002 - Planning Commission Meeting: November 20, 2002 - City Council Meeting: December 9, 2002 60 Day Agency Action: December 16, 2002 Application Deadline: November l, 2002 Ten Day Completion Notification: November 11, 2002 Publication Deadline: November 12, 2002 Planning Commission Meeting: December 4, 2002 City Council Meeting: December 16, 2002 60 Day Agency Action: December 30, 2002 Application Deadline: November 15, 2002 Ten Day Completion Notification: November 25, 2002 Publication Deadline: November 26, 2002 Planning Commission Meeting: December 18, 2002 City Council Meeting: **Jan. 6 or Jan. 13, 2003 60 Day Agency Action: January 13, 2003 21 CITY OF FRIDLEY APPEALS 2002 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. * Different date due to holiday. ** Subje�t to change. All commercial or industrial requests will always continue to the City Council. Application Deadline: December 7, 2001 Ten Day Completion Notification: December 17, 2001 Appeals Commission Meeting: January 9, 2002 City Council Meeting: January 28, 2002 60 Day Agency Action: February 4, 2002 Application Deadline: December 21, 2001 Ten Day Completion Notification: December 28, 2001 * Appeals Commission Meeting: January 23, 2002 City Council Meeting: February 11, 2002 60 Day Agency Action: February 18, 2002 Application Deadline: January 1 l, 2002 Ten Day Completion Notification: January 21, 2002 Appeals Commission Meeting: February 13, 2002 City Council Meeting: February 25, 2002 60 Day Agency Action: March 11, 2002 Application Deadline: January 25, 2002 Ten Day Completion Notification: February 4, 2002 Appeals Commission Meeting: February 27, 2002 City Council Meeting: March 25, 2002 60 Day Agency Action: March 25, 2002 Application Deadline: February 8, 2002 Ten Day Completion Notification: February 18, 2002 Appeals Commission Meeting: March 13, 2002 City Council Meeting: March 25, 2002 60 Day Agency Action: April 8, 2002 ZZ - Page 2— City of Fridley - 2002 Appeals Commission Schedule - The Appeals Commission has final acrion on residenrial requests, unless there are objecrions 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 recommendarion from the Appeals Commission. * Different date due to holiday. All commercial or industrial requests will always continue to the City Council. Application Deadline: February 22, 2002 Ten Day Completion Notification: March 4, 2002 Appeals Commission Meeting: March 27, 2002 City Council Meeting: April 8, 2002 60 Day Agency Action: Apri122, 2002 Application Deadline: March 8, 2002 Ten Day Completion Notification: March 18, 2002 Appeals Commission Meeting: April 10, 2002 City Council Meeting: Apri122, 2002 60 Day Agency Action: May 6, 2002 Application Deadline: March 22, 2002 Ten Day Completion Notification: April 1, 2002 Appeals Commission Meeting: Apri124, 2002 City Council Meeting: May 6, 2002 60 Day Agency Action: May 20, 2002 Application Deadline: April 5, 2002 Ten Day Completion Notification: April 15, 2002 Appeals Commission Meeting: May 8, 2002 City Council Meeting: May 20, 2002 60 Day Agency Action: June 3, 2002 Application Deadline: April 19, 2002 Ten Day Completion Notification: Apri129, 2002 Appeals Commission Meeting: May 22, 2002 City Council Meeting: June 3, 2002 60 Day Agency Action: June 17, 2002 Application Deadline: May 10, 2002 Ten Day Completion Notification: May 20, 2002 Appeals Commission Meeting: June 12, 2002 City Council Meeting: June 24, 2002 60 Day Agency Action: July 8, 2002 23 - Page 3— City of Fridley - 2002 Appeals Commission Schedule - The Appeals Commission has final acrion on residenrial requests, unless there are objecrions 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 &om the Appeals Commission. * Different date due to holiday. All commercial or industrial requests will always continue to the City Council. Application Deadline: May 24, 2002 Ten Day Completion Notification: June 3, 2002 Appeals Commission Meeting: June 26, 2002 City Council Meeting: July 8, 2002 60 Day Agency Action: July 22, 2002 Application Deadline: June 7, 2002 Ten Day Completion Notification: June 17, 2002 Appeals Commission Meeting: July 10, 2002 City Council Meeting: July 22, 2002 60 Day Agency Action: August 5, 2002 Application Deadline: June 21, 2002 Ten Day Completion Notification: July 1, 2002 Appeals Commission Meeting: July 24, 2002 City Council Meeting: August 12, 2002 60 Day Agency Action: August 19, 2002 Application Deadline: July 12, 2002 Ten Day Completion Notification: July 22, 2002 Appeals Commission Meeting: August 14, 2002 City Council Meeting: August 26, 2002 60 Day Agency Action: September 9, 2002 Application Deadline: July 26, 2002 Ten Day Completion Notification: August 5, 2002 Appeals Commission Meeting: August 28, 2002 City Council Meeting: September 9, 2002 60 Day Agency Action: September 23, 2002 Application Deadline: August 9, 2002 Ten Day Completion Notification: August 19, 2002 Appeals Commission Meeting: September 11, 2002 City Council Meeting: September 23, 2002 60 Day Agency Action: October 7, 2002 24 - Page 4— City of Fridley - 2002 Appeals Commission Schedule - The Appeals Commission has final action on residenrial requests, unless there are objections from surrounding neighbors or the peririoner 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 recommendarion from the Appeals Commission. * Different date due to holiday. All commercial or industrial requests will always continue to the City Council. Application Deadline: August 23, 2002 Ten Day Completion Notification: September 2, 2002 Appeals Commission Meeting: � September 25, 2002 City Council Meeting: , October 14, 2002 60 Day Agency Action: October 21, 2002 Application Deadline: September 6, 2002 Ten Day Completion Notification: September 16, 2002 Appeals Commission Meeting: October 9, 2002 City Council Meeting: October 28, 2002 60 Day Agency Action: November 4, 2002 Application Deadline: September 20, 2002 Ten Day Completion Notification: September 30, 2002 Appeals Commission Meeting: October 23, 2002 City Council Meeting: November 4, 2002 60 Day Agency Action: November 18, 2002 Application Deadline: October 11, 2002 Ten Day Completion Notification: October 21, 2002 Appeals Commission Meeting: November 13, 2002 City Council Meeting: December 9, 2002 60 Day Agency Action: December 8, 2002 60 Day Agency Action Extension: February 5, 2003 No meeting on November 27, due to the Thanksgiving holiday! Application Deadline: November 8, 2002 Ten Day Completion Notification: November 18, 2002 Appeals Commission Meeting: December 1 l, 2002 City Council Meeting: **Jan. 6 or Jan. 13, 2003 60 Day Agency Action: January 6, 2003 60 Day Agency Action Extension: March 6, 2003 No meeting on December 25, due to Christmas day! 25 � G'TY OF PRIDLEY To: From: Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 3, 2001 William W..Burns, City Nlanager Richard D. Pribyl, Finance Director Deb Skogen, City Clerk November 28; 2001 CLIMB- Charitable Gambling Premise Permit Reuewal Section 30 of the Fridley City Code allows Lawful Gambling by a licensed organization. The CLIMB Theater is currently conducting charitable gambling at AMF Bowling Centers dba Maple Lanes located at 6310 Highway 65 NE. Their Charitable Gambling Premise Permit expires on February 28, 2002. The renewal application requires a resolution from the City Council approving the renewal. If approved, the premise permit would become effective March 1, 2002 and expire February 28, 2004. Please find a resolution for the renewal premise permit. Staff recommends approval of the premise permit renewal by adoption of the attached resolution. 26 RESOLUTION NO. - 2001 RESOLUTION IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GANIBLING PREMISE PERMIT FOR CLINIB THEATER WHEREAS, the City of Fridley has been served with a copy of an Application: for a Minnesota Lawful Gambling Premise Pernut for the CLIl�IB Theater, and WHEREAS, the location of the Premise Permit is for AMF Bowling Centers dba Maple Lanes located at 6310 Highway 65 and will be effective from Mazch 1, 2002 to February 28, 2004; 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 CLIlVIB Theater at AMF Bowling Center dba Maple Lanes located at 6310 Highway 65. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF DECEMBER 2001. ATTEST: DEBRA A. SKOGEN - CITY CLERK 27 SCOTT J LUND - MAYOR / � OTY OF FRIDLEY To: From: Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF December 3, 2001 William W. Burns, City Manager h!� 'll` Richard D. Pribyl, Finance Director Deb Skogen, City Clerk November 28, 2001 Fridley American Legion Post 303 - Charitable Gambling Premise Permit Renewal Section 30 of the Fridley City Code allows Lawful Gambling by a licensed organization. The Fridley American Legion, Post 303, is currently conducting charitable gambling on their premises located at 7365 Central Avenue NE. Their Charitable Gambling Premise Permit expires on February 28, 2002. The renewal application requires a resolution from the City Council approving the renewal. If approved, the premise permit would become effective Mazch 1, 2002 and expire February 28, 2004. Please find a resolution for the renewal premise permit. Staff recommends approval of the premise permit renewal by adoption of the attached resolution. _ : RESOLUT'ION NO. - 2001 RESOLUTION IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT FOR FRIDLEY AMERICAN LEGION, POST 303 WHEREAS, the City of Fridley has been served with a copy of an Application for a�1inn�sa�ta Lawful Gambling Premise Pernut for the Fridley American Legion, Post 303, and WHEREAS, the location of the Premise Permit is for their premises located at 7365 Central Avenue NE and will be effective from March 1, 2002 to February 28, 2004; and WHEREAS, the City of Fridley has found no reason to restrict the location for the charita.ble gambling operation. NOW, TI-�REFORE, BE IT RESOLVED, that the City Council of the City of Fridley approves the Minnesota Lawful Gambling Premise Pernut Application for the Fridley American Legion, Post 303 on their premises located at 7365 Central Avenue NE. PASSED AND ADOPTED BY THE CITY COUNCII, OF THE CITY OF FRIDLEY THIS _ DAY OF DECEMBER 2001. ATTEST: DEBRA A. SKOGEN - CITY CLERK 29 SCOTT J. LUND - MAYOR � CfTY OF FRIDLEY To: From: Date: Re: AGENDA ITEM � CITY COUNCIL MEETiNG OF Decemb�°�-2D01 r William W. Burns, City Manager � ��a� �t . Richard D. Pribyl, Finance Director Deb Skogen, City Clerk November 26, 2001 Minnesota Sports Federation Gambling Premise Permit Application Spikers Grille & Beachclub, 7651 Highway 65 NE Section 30 of the Fridley City Code allows Lawful Gambling by a licensed organization. Totino- Grace is currently conducting charitable gambling at Spikers Grille & Beachclub, 7651 Highway 65 NE. Spikers notified Totino-Grace, as required by their Premise Pernut Lease, in October of their desire to change lawful gambling organizations, due to the proposed sale of the building. The Minnesota Sports Federation purchased the building Spikers Grille & Beachclub is located in on November 16, 2001. The MSF is now leasing the restaurant space to Spikers. MSF has applied to the city for a Gambling Premise Permit Application to sell pull-tabs in the restaurant. The application requires a resolution of approval from the City Council. If approved, the premise pernut and license would become effective either February 1 or March 1, 2002 and would be effective for a two-year period. Staff recommends approval of the premise permit by adoption of the attached resolution. 30 RESOLUTION NO. - 2001 RESOLUTION IN SUPPORT OF AN APPLICATION FOR A NIINNESOTA LAWFUL GAMBLING PREMISE PERNIIT FOR THE NII1vNESOTA SPORTS FEDERATION (SPII�RS GRILLE & BEACHCLUB, 7651 HIGHWAY 65 NE) WHEREAS, the City of Fridley has received an Application for a Minnesota Lawful Gambling ' Premise Pemut from the Minnesota Sports Federation (MSF) for Spikers Grille & Beachclub located at 7651 Highway 65 NE; and WHEREAS, Spikers Grille & Beachclub has notified TotinaGrace of their intention to cancel their Premise Pernut Lease to conduct lawful gambling; and WHEREAS, the MSF's Lawful Gambling Premises Permit would become effective in early 2002 for a two-year period; 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 Sports Federation at Spikers Grille & Beachclub at 7651 Highway 65 Northeast for a two year period. PASSED AND ADOPTED BY THE CITY COUNCIL OF T'HE CITY OF FRIDLEY THIS 3RD DAY OF DECEMBER 2001. ATTEST: 0 ' DEBRA A. SKOGEN - CITY CLERK 31 SCOTT J. LUND - MAYOR � � CRY OF FRIDLEY Name AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 3, 2001 Todd Desjardin-Dob Appointment �_ . Position Patrol Officer Partial Exempt Starting Salary $15.64 per hour 2001 contract 32 Starting Date Dec. 4, 2001 Replaces Shannon Coulter 0 � � AGENDA ITEM FRD°� COUNCIL MEETING OF DECEMBER 3, 2001 CLAIMS �02636-�02761 33 r � CRY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 3, 2001 LICENSES Type of License: � � LAWFUL GAMBLING PERNIIT Minnesota Sports Federation Perry Coonce 7651 NE Highway 65 Fridley, MN 55432 34 Approved By: City Clerk Public Safety Fee: No Fee � � � City of Fridle �_ AGENDAITEM City Council Meeting Of Monday, December 03, 2001 . Gas Services Brooklyn Aire Heating S Cooling . 8862 Zealand Ave N Brooklyn Park MN 55445- Walter Mechanical Inc 7224 James Ave S Richfield MN 55423- General Contractor-Commercial Castle Roofing 3639 Nicollet Ave S Minneapolis MN 55409- Coty Construction(9356) 1001 6 St S Hopkins MN 55343- Raytop Roofing & Co�st Inc 727 Vandalia St St Paul MN 55114- General Contractor-Residential Irving Companies Inc (20226412) 2101 Hennepin Ave S Minneapolis MN 55405- Heatina • American Burner Services Inc 601 North Prior Ave St Paul MN 55104- � Michael Glynn Rich Walter Dennis Wager Pat Coty Ray Benkler James Rosenstiel Lyle Rotvold 35 Aaproved Bv: Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official State of MN Ron Julkowski Building Official , Brooklyn Aire Heating & Cooling 8862 Zealand Ave N Brooklyn Park MN 55445- Midwest Maintenance & Mechanical 710 Pennsylvania Ave S STE B Minneapolis MN 55426- Oil Services American Burner Service Inc 601 N PriorAve St Paul MN 55104- Plumbina Barnes Plumbing Co Inc 3923 Washington Ave S Minneapolis MN 55412- Sian Erector Sign Solution Inc 3810 West Broadway Robbinsdale MN 55422- � Michael Glynn Jeff Rieger Lyle RoNold Jennifer Longchamps Bob Brown 36 Aaqroved By. Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official State of MN Ron Julkowski Building Official � / � CRY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 3, 2001 ESTIMATES 0 . Frederic W. Knaak, Esq. Holstad and Knaak, P.L.C. 1690 Minnesota World Trade Center 30 East Seventh Street St. Paul, MN 55101 Services Rendered as City Attorney for the Month of November, 2001 ... 0 ................................................................. $ 5,000.00 37 � � CRY OF FRIOLEY TO: FROM: AGENDA ITEM COUNCIL MEETING OF DECEMBER 3, 2001 WII.,LIAM W. BURNS, CITY MANAGER RICHARD D. PRIBYL, FINANCE DIRECTOR CRAIG ELLESTAD, ACCOUNTANT SUBJECT: PUBLISHED NOTICES & PUBLIC HEARING DATE: NOVEMBER 29, 2001 The 2002 Notice of Proposed Tages and Public Hearing was published in the Fridley Focus on November 22, and November 29, 2001. This information was placed in the paper by the City in hopes of providing property owners with information regarding the City of Fridley's budget for 2002. The public is invited and allowed to speak and to ask questions concerning the budget and proposed property taxes. As you might recall with the property tag changes that the legislature made during 2002, the truth in tazation process was discontinued for the budget process for 2002. The 2002 City of Fridley, Budget Public Notice appeared in the Fridley Focus on September 13 and September 20, 2001 in accordance with Section 7.04 of the City Charter. The formal adoption process and approval of the taz levy will occur on December 17, 2001. RDP/me : � � AGENDA ITEM cmroF CITY COUNCIL MEETING OF DECEMBER 3, 2001 FRIDLEY INFORMAL STATUS REPORTS 39