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09/09/2002 - 00024571MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF SEPTEMBER 9, 2002 The Regular Meeting of the Fridley City Council was called to order by Mayor Lund at 7:32 p.m. PLEDGE OF ALLEGIANCE: Mayor Lund led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Lund, Councilmember Barnette, Councilmember Billings, Councilmember Wolfe and Councilmember Bolkcom. MEMBERS ABSENT: None. APPROVAL OF PROPOSED CONSENT AGENDA: MOTION by Councilmember Bolkcom to approve the proposed consent agenda with the removal of Item Nos. 1, 4, 5, 6, 8, 9, and 10 to the regular agenda. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. NEW BUSINESS: 1. FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE BY AMENDING APPENDIX F TO PROVIDE FOR THE ADJUSTMENT OF SALARIES FOR THE MAYOR AND COUNCILMEMBERS IN ACCORDANCE WITH SECTION 2.07 OF THE CHARTER OF THE CITY OF FRIDLEY: Mr. Burns, City Manager, stated that this ordinance will increase the salaries of the Mayor and Councilmembers by two percent (2%) for 2003. This is the same increase that is projected for all non-bargaining employees for 2003. Staff recommended Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 2. RECEIVE THE PLANNING COMMISSION MINUTES OF AUGUST 21, 2002: RECEIVED THE PLANNING COMMISSION MEETING MINUTES OF AUGUST 21, 2002. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 9, 2002 PAGE 2 3. SPECIAL USE PERMIT REQUEST, SP #02-07, BY RICHARD AND KATHLEEN KEMPER, TO ALLOW A SECOND ACCESSORY STRUCTURE, GENERALLY LOCATED AT 7857 ALDEN WAY (WARD 3): Mr. Burns, City Manager, stated that this would allow the construction of a 600 square foot garage to be used to store classic automobiles. The Planning Commission approved the special use permit by unanimous vote subject to 4 stipulations. The Appeals Commission also approved the side yard variance of 25 feet to 13 feet at their August 28 meeting. Staff recommended Council's approval subject to the four stipulations. APPROVED SPECIAL USE PERMIT REQUEST, SP #02-07, WITH THE FOLLOWING STIPULATIONS: 1) PETITIONER SHALL OBTAIN ALL NECESSARY PERMITS PRIOR TO CONSTRUCTION; 2) THE STRUCTURE SHALL NOT BE USED FOR A HOME OCCUPATION OR LIVING AREA; 3) TOTAL SQUARE FOOTAGE OF ALL ACCESSORY STRUCTURES MUST NOT EXCEED 1,400 SQUARE FEET; 4) GARAGE SHALL BE ARCHI- TECTURALLY COMPATIBLE EXISTING HOME AND FINISHED WITH A COMPLEMENTARY SIDING AND COLOR SCHEME. 4. RESOLUTION PERMANENTLY REVOKING THE TOBACCO LICENSE FOR JAMES NICKLOW AND THE SHOREWOOD RESTAURANT LOCATED AT 6161 HIGHWAY 65 N.E. (WARD 2): Mr. Burns, City Manager, stated that the tobacco compliance check was completed on 34 businesses in Fridley on March 19. The Shorewood Restaurant and its employee, Tammy Sue Bachman did not pass the compliance check. Mr. Nicklow has been notified of the violation in City code and the employee has been charged with criminal violation and her case is pending in court. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 5. RESOLUTION NO. 49-2002 APPROVING PLANS AND SPECIFICATIONS, ORDERING THE IMPROVEMENT AND AUTHORIZING ADVERTISEMENT FOR BIDS: MUNICIPAL GARAGE EXPANSION PROJECT NO. 343: Mr. Burns, City Manager, stated that this resolution provides for a new reception area and offices for the Public Works Maintenance Superintendent and the supervisors. It also provides for a conference room, and a new lunchroom. The older portion of the building is to be remodeled in a manner that provides locker rooms and restrooms to properly accommodate full-time personnel. The cost for these improvements is estimated at $600,000 and it is included in the 2002 budget. Staff recommended Council's approval. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 9, 2002 PAGE 3 THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 6. RESOLUTION NO. 50-2002 SUPPORTING IMPROVEMENTS TO SPRING- BROOK NATURE CENTER COMMENCING OF FUNDRAISING EFFORTS BY THE SPRINGBROOK NATURE CENTER FOUNDATION: Mr. Burns, City Manager, stated that the Springbrook Nature Center Foundation has a master plan for improvements to the Nature Center. Council has discussed this matter with the Fridley Parks and Recreation Commission and representatives of the Nature Center Foundation. This resolution provides for Council support in fundraising efforts by the Foundation for Phase I of the project. Staff recommended Council's approval of this resolution. THIS ITEM WAS REMOVED FROM THE CONSENT AGEND AND PLACED ON THE REGULAR AGENDA. 7. RECEIVE AND REJECT BIDS FOR PHASE I OF COMMONS PARK PARKING LOT PHASE I IMPROVEMENT PROJECT NO. 348: Mr. Burns, City Manager, stated that the City opened bids for this project on Thursday, September 5, 2002. Since the low bidder is more than $34,000 over the amount budgeted for this project, staff is recommended that the bids be rejected. It is also recommended that staff reduce the scope of the project for construction in 2003. RECEIVED AND REJECTED BIDS FOR PHASE I OF COMMONS PARK PARKING LOT PHASE I IMPROVEMENT PROJECT NO. 348. 8. CLAIMS: APPROVED CLAIM NOS. 107082-107289. 9. LICENSES: APPROVED ALL LICENSES AS SUBMITTED. 10. ESTIMATES: APPROVED ALL ESTIMATES AS FOLLOWS: Forest Lake Contracting, Inc. 14777 Lake Drive Forest Lake, MN 55025 Hartman Circle Watermain Looping Project No. 347 Estimate No. 2 $ 21,137.99 FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 9, 2002 PAGE 4 W.B. Miller 6701 Norris Lake Road, N.W. Elk River, NIN 55330 2002 Street Improvement No. ST. 2002-1 Estimate No. 5 $55,180.51 Park Construction Company 7900 Beech St. N.E. Minneapolis, MN 55432 57th Avenue Sanitary Sewer Improvement Project No. 346 Estimate No. 2 $19,242.74 ADOPTION OF AGENDA: Councilmember Barnette stated that he would like to add Variance Request, VAR #02-13 by Jim Kiewel to the agenda as Item 12e. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Bolkcom to adopt the agenda as amended. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM, VISITORS: Mr. Richard Harris, 6200 Riverview Terrace, stated that he wants to thank the Public Works department for fixing the manhole on Riverview Terrace. He also asked to be notified of Council's joint meeting with the Housing and Redevelopment Authority. Mr. Burns, City Manager, stated that it would be on October 3 at 7:00 in Council Chambers. Mr. Harris asked if he could discuss the criteria used for the inspection of the commercial industrial property that they are using for the outdoor storage codes. Mayor Lund stated that they would handle that during the public hearing. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 9, 2002 PAGE 5 PUBLIC HEARING: 11. PUBLIC HEARING ON A ZONING TEXT AMENDMENT, ZTA #02-01, BY THE CITY OF FRIDLEY AMENDING CHAPTER 205, SECTIONS 205.17, 205.18, 205.19, 205.20 AND 205.25 RELATED TO OUTDOOR STORAGE IN INDUSTIRAL DISTRICTS (CONTINUED AUGUST 12, 2002): MOTION by Councilmember Bolkcom to remove this item from the table. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Hickok, Community Development Director, stated that the Council is asked to hold a public hearing to consider a zoning te�t amendment which would change the City Code requirements related to outdoor storage in Fridley's industrial districts. Current outdoor storage regulations mandate that no outdoor storage is allowed unless the property is zoned M-3 or the property has been issued a special use permit for incidental storage. The current ordinance dates back to 1992. In 1969 the ordinance required that all materials and supplies be stored within a closed building or be screened on all sides from public view. Systematic code enforcement began in late 2001 and revealed that a number of industrial properties were illegally storing goods outdoors. Staff determined that the City ordinance should be reviewed. The City's council/commission survey indicated that there was overwhelming support for drafting new legislation that would allow some outdoor storage subject to screening requirements and obtaining a special use permit. He stated that this would allow an increase in flexibility and an expansion on the special use permit opportunities. Mr. Hickok stated that Blaine has limited outdoor storage allowed through the conditional use permit to a maximum of fifty-percent of the total building footprint. It must, however, be fully screened from any public right-of-way and can only be 12 feet in height. Brooklyn Park allows outdoor storage through their conditional use permit in the heavy general commercial districts. Outdoor storage is not allowed in their light industrial districts. Columbia Heights allows outdoor storage as an accessory in the commercial or industrial districts, but it must be located in the side or rear yard and be screened from adjacent uses and the public right-of-way. Coon Rapids allows outdoor storage in the industrial districts but it must be located within the side or rear yard and screened where practical. Inver Grove Heights allows outdoor storage through the conditional use permit, but it must be screened from residential properties. Mounds View allows outdoor storage through the conditional use permit. The industrial districts must be screened from the public right-of-way in their light industrial districts. There are no requirements for screening in their heavy industrial districts. Osseo allows outdoor storage through a conditional use permit in their industrial district and their highway commercial district must be fully screened from neighboring properties. Bloomington allows outdoor storage through a conditional use permit in their special limited and special general industrial districts to a limited area not larger than 50 percent of the ground coverage of the principal building. It must be located in the side or rear yard and not visible from the street. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 9, 2002 PAGE 6 Mr. Hickok stated that the current regulations in Fridley allow outdoor storage in the M-1, M-2, M-4, and S-3 districts through a special use permit process, if the items being stored are incidental to a business. Incidental storage means the storage is temporary in nature, and the short term storage is not required as an ongoing part of the business. An expansion of the outdoor storage area is proposed that will allow up to fifty-percent of the floor area of the principal building be allowed as an area outside the building for screened storage. Currently, the ordinance is tight about special use permits. Changes in Section 1 are similar throughout the M- 1, the M-3, and also S-3. Mr. Hickok stated that the ordinance repealed the sections of the City Code pertaining to the storage of materials, equipment, or motor vehicles, incidental to the principal operation of the use. Mr. Hickok stated that the following changes were made to the M-1 Light Industrial Section: "All limited outdoor storage shall satisfy the following requirements and other stipulations deemed necessary due to site conditions: (a) The outdoor storage area is limited to a maximum equal to 50% of the principal building's footprint. This area must be designated on a site plan submitted with the Special Use Permit (SUP) application and must be located in the side or rear yard. (b) The materials and equipment kept in the designated outdoor storage area must be fully screened so as to not be visible from: ((1)) A residential district adjacent to the use; ((2)) A residential district across a public right of way from the use; ((3)) A public park adjacent to the use; ((4)) A public right-of-way including railroad right-of-way adjacent to the use; or ((5)) Any commercial use adjacent to the use. (c) Screening of the outdoor storage area shall be achieved through a combination of masonry walls, fencing, berming, and landscaping in accordance with Section 205.17.06.G.(1)(a). (d) Materials and equipment stored outside must not exceed 12 feet in height. (e) The outdoor storage area must be a city-approved hard surface and bound on the perimeter by B-6-12 concrete curb and gutter. (� Special use permit for limited outdoor storage shall not permit the outside storage of semi-trucks, semi-trailers, or heavy construction equipment. (g) Hazardous chemicals and materials are prohibited form being stored outside. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 9, 2002 PAGE 7 (h) The outdoor storage shall not affect the required amount of parking stalls needed on site. (i) The location and types of materials to be stored are to be reviewed by the Fire Marshall. Mr. Hickok stated that M-2 Heavy Industrial District will have nearly identical requirements. In Section 205.19, M-3 Heavy Industrial, Outdoor Intensive District there are very subtle differences. Principal uses in that district would be uses whose principal use requires the outdoor storage of materials, motor vehicles, or equipment, including the outdoor manipulation of said materials, motor vehicles or equipment, with conditions. An item was added for telecommunications towers and wireless telecommunications facilities. The height of materials stored outside in this district was increased to 15 feet. In the M-4 Manufacturing Only district, the language is the same as M-1 and M-2, and the height goes back to 12 feet. The uses permitted in the S-3, Heavy Industrial, Onaway Addition District, were modified. Mr. Hickok stated that the Planning Commission approved the ordinance unanimously with the language changes. Council, on August 12, continued the public hearing. Notices were sent to the industries. All industrial properties received the letter on August 16. Staff recommended approval with proposed changes to allow Fridley industries to maintain some outdoor storage with conditions while not being detrimental to surrounding properties. Staff recommended that Council set a date for the first reading of this ordinance. Mr. Hickok stated that Display Arts sent a letter regarding their response to code requirements. MOTION by Councilmember Barnette to accept the letter. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Bolkcom stated that she would like to have the letter read. Mr. Hickock read the letter. Mr. Hickok stated that he received a telephone call from Mr. Jeff Van Keuren from United Defense asking if there was any provision for Council to allow up to a two-week period or a temporary situation without getting a special use permit. He was also asked if curb and gutter would be required surrounding the asphalt and all the outdoor storage areas. Councilmember Bolkcom asked if there has been an inspection of the Display Arts property. Mr. Hickok stated that there was. They have a little enclosure that is not screened and it is visible from the public right-of-way. Additional work would need to be done. The striped parking lot is kept neat. The dumpster enclosure is sharing the same alley with dumpsters that are currently not screened. Additionally, there are about 10 pallets that are not screened. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 9, 2002 PAGE 8 Mr. Jay Lindgren, Attorney with Dorsey and Whitney Law Firm, practices primarily in the area of land use and development. He is here tonight on behalf of Cameron Ashley Building products and their facility at 5110 Main Street NE. He thanked Council for continuing this hearing and for clarifying the proposal. The site is located in zoning district M-2. This company has been operating for over 40 years in Fridley. The total site is about ten acres. Currently forty-percent of the site is occupied by the main building which was built in 1962. The remaining six acres are used seasonally for some form of storage. That area is fenced and paved and is used for construction materials which can be stored outside and are hopefully moved quickly for the good of the business. Improvements have been made to the facility. This is a viable business. Mr. Lindgren stated that their largest concern regarding the ordinance is the limitation of fifty- percent outdoor storage space as it relates to the building footprint. It is good that the City recognizes the need for increased authorization, but the practical effect is that it would reduce the current seasonal storage by more than two-thirds. This would render four or five acres of little or no value. This business would be forced to move. Their lease is up in July, 2003. This business pays about $100,000 annual property tax. Fifty-percent limitation is too small for the types of businesses that have been successful in this community and want to remain in Fridley. The current use even under the new ordinance would be a protected lawful non-conforming use due to the site existing for 40 years. The paved area existed since late 1960's and the type of e�erior usage predates the 1992, 1986, and 1969 City ordinances. Councilmember Bolkcom stated that systematic code enforcement started with residential properties and then moved to commercial properties. In the past, a commercial business was inspected if there had been a complaint regarding the appearance of the property. Mr. Hickok stated that was correct. Councilmember Bolkcom asked Mr. Lindgren if he understood that the way the code is now is even more restrictive. Someone in the neighborhood stated that they would like to see the businesses inspected because they keep continuing to expand. She asked if the outdoor storage need had increased over the years. Mr. Lindgren stated that since the 1960's, the space that has been set up to operate with a certain amount of covered storage used for distribution and the remainder, paved and made readily available for outdoor storage. There is no doubt that at different times certain portions of the outdoor storage area are used more. Councilmember Bolkcom stated that this business is close to a residential area. Mayor Lund asked Mr. Knaak if the fact that their facility predates the ordinance would affect its validity. Mr. Knaak, City Attorney, stated that that issue would have to be reviewed. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 9, 2002 PAGE 9 Mr. Dan Wensen, 7872 Elm Street, stated that he owns a machine shop. He is for the ordinance, but it does make it hard to have a dumpster enclosure in the alleyway because of the water drainage that takes place there. Everything has to be fairly mobile in the winter because the ice builds up, and when they unload through the door it is a safety issue. If we put the dumpster inside, it smells. There is not a lot of e�tra room. He has a trailer parked behind the building and uses it about once a week for temporary type storage. You need to have a little consideration for the older buildings and the alleyways. Councilmember Bolkcom asked Mr. Hickok what the issue with the trailer was. Mr. Hickok stated that they are typical for outdoor use on a site. It must be screened in the rear or side yard from adjacent properties. It would take a special use permit to allow a trailer to stay outside, but up to fifty percent of principal floor area of the building could be provided on site provided they screen it from the public right-of-way. Councilmember Bolkcom asked if the issue was the screening. Mr. Wensen stated that it was drainage problems. The same with the dumpster. He moves things around wherever he can with the limited space. The water drains right where they get out of our cars and runs down the whole street. They have previously asked the City to drop that alleyway down. The building was built way too low in the first place. Councilmember Barnette asked if an alley was a public right-of-way. Mr. Hickok stated technically, it was. Mr. Wensen stated that an alley is like their backyard. Sometimes fences used for screening are more of a safety hazard. Mr. Hickok stated that right-of-way is defined as anywhere the public has a right to travel. Mr. Steve Smith, small business owner at 7801 Elm St., stated that he keeps the facility nice and neat, but the alley is where he does business. The public should not be there, there are dumpsters and storage there. The front is nice and neat. Mayor Lund asked if it was the same alley where Mr. Wensen's business was located. Mr. Smith stated that it is across the street. Mr. Wensen stated that many small businesses are not too keen on having their special use permits looked at, and sometimes needing to change the sprinkler systems. The industrial park is all small businesses. Mr. Burns, City Manager, asked if sprinklers need to be changed if the square footage of the building is not being changed. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 9, 2002 PAGE 10 Mr. Hickok stated that they did not, unless sprinklers were planned on being installed outside. Councilmember Bolkcom asked Mr. Hickok if someone has a special use permit already, the City would not ask that anything different be done with the sprinklers, unless the size of the building was changed. Mr. Hickok stated that was correct. Mr. Dave Jensen, 7151 University Ave. NE, stated that his business basically moves materials, trucks, and reloads through the storage facility inside to deliver to the customers. They have always thought about using outdoor storage, but have had the space indoors. The building is new and they stayed within the guidelines. Their number one concern is with our trucks. He asked if a special use permit or fencing would be required for the four out of five days per week when the trailers are sitting outside. He asked if the trailer was on the property, and not on the road, if it was considered storage. Mayor Lund asked how often he moves the trailers. Mr. Jensen stated that the low rolling type trailers are used once every 30 days, but the others once every two weeks or every day in the winter. The customers have the same problem. They are sending trucks to them to unload. They try to stay within the parking, but wondered if they were going to have problems with over the road truck drivers parking on the street. He said they are open 24 hours a day, 7 days per week to alleviate the traffic and get the product in the building. He does not see any storage possibilities for putting in fences or anything like that. He said they also have a little hinge that goes up and brings cars back down on the rails by the park. He said they are also worried about that. He said it was a little bit taller than 15 feet. Mayor Lund asked if incidental is what Mr. Jensen is alluding to for storage with his trailers. Mr. Hickok stated that they look at that as having the impact of having the trailers always there. Yes, though there may be a rotation of the trailers, but the trailers are there all the time. Incidental means if the trailer is moved in a couple of days. This is an outdoor storage situation. Parking on the street is an existing problem and it is not permitted for tractor-trailers to leave the trailer on the street. He said they needed to handle all the parking on the site, or expand their parking operation. Mayor Lund asked how old the company was. Mr. Jensen stated that it is 6 years old. There are instances where they are probably guilty of parking their tractor trailers on the street, between shift changes or whatever. The majority of the drivers stay with their tractor-trailer while they are waiting. Councilmember Barnette asked if they are allowed to park at the Columbia Arena. Mr. Jensen stated that they do not have permission to park there. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 9, 2002 PAGE 11 Mr. Hickok stated that it is not allowed. Mr. Richard Harris, 6200 Riverview Terrace N.E., stated that he had a question about the criteria used for the inspections. He received some letters from the City that kept on referring to trailers. He asked what kind of trailers. Mr. Hickok stated that a trailer is not self-propelled on a highway, it is something you pull behind a vehicle. If they are sitting there, it is considered as storage. Mr. Harris stated that means all trailers. He is having a hard time with the existing and proposed ordinance. He cannot find anywhere in the ordinance where it refers to trailers. Councilmember Barnette stated that it states in the ordinance that special use permits for limited outdoor storage shall not permit the outdoor storage for semi-trucks, semi-trailers, or heavy construction equipment. Councilmember Bolkcom stated that in Section 1, it states that materials and motor vehicles and equipment are to be kept in a building or fully screened. All those things to her are trailers also. Mr. Harris stated that they are not. Is a boat a motor vehicle? Councilmember Bolkcom stated that a trailer would mean equipment to her. Mr. Harris stated that they are licensed though. Councilmember Bolkcom stated that we are here for a public hearing on how we are going to change the ordinance. This will better clarify what is and is not allowed. Mr. Harris stated that the existing ordinances are flawed. Mayor Lund stated that is why we are here tonight. Mr. Harris stated that they need to look at the existing ordinances. Mayor Lund stated that is why it is being looked at and corrected. Mr. Harris stated that boats and trailers are allowed in the front yard of residential properties. He objects to that. He asked why a curb has to be placed around outside areas for storage. Mayor Lund stated that it is cleaning up the area. Mr. Harris asked for what reason. Mayor Lund stated it is for drainage. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 9, 2002 PAGE 12 Mr. Hickok stated that industrial sites need hard surface improvement for outdoor storage and the design needs to be approved by the engineering staff. It is important that the site drains properly. Curb and gutter will direct the water to the proper outfall. By law they are not allowed to let storm water drain off into uncontrolled areas. Mr. Harris stated that the special use permit for outdoor storage shall not be permitted for semi- trucks, semi-trailers or heavy construction equipment. He asked if he could bring his crane home. It was in an M-2 district and allowed. Now it is not. Mr. Hickok stated that there is no such thing as grandfathering. Mr. Hickok stated that grandfathering pertains to an activity outdoors and when we talk about grandfathering pre-existing non-conforming structures, for example, we are not saying let's clear the Onaway District and start building new. Mr. Harris stated that if this ordinance is passed, Council has outlawed Mayflower and Target. This should be tabled so people are not put out of business. Semis and semi-trailers are clearly stated in the ordinance. Councilmember Barnette asked Mr. Hickok about Mayflower and Target. Mr. Hickok stated that Target is an industrial warehouse site. The trailers do not sit as storage. They continue to move all the time and are constantly in progression to the roadway. That is industrial use which differs greatly from storage. When Steiner Development was contacted about the Mayflower use, they had enormous warehouse space and it is true that it is warehouse space with circulation and dock doors on the back Steiner was made aware that when the time comes and they want to expand, they need to look at outdoor storage. They have devices for screening the back storage area. Councilmember Billings asked if he would consider this to be more restrictive or less restrictive than the ordinance in place today. Mr. Harris stated that in some cases it is workable. In some cases he has problems where it says prohibited. Councilmember Billings stated that most of the things prohibited under the proposed ordinance are also prohibited under the existing ordinance. Tonight we are taking testimony only. Any reference to Council and staff trying to railroad this is not true. We are trying to be open and honest. We took time to postpone this weeks ago to provide for people to come to the meeting. The proposed ordinance proposed was initiated by staff and intended to make it more comparable to the businesses out there. We realize that over the years some businesses may need more outdoor storage and we want to keep those businesses here. Mr. Harris stated that from 1992 to 2000 it was up to interpretation. We cannot even decide what the front yard or front of the buildings are. We should look deeper than this ordinance. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 9, 2002 PAGE 13 Mr. Wensen stated that a licensed trailer should be considered as a storage thing like parking a vehicle. Mr. Ron Odegaaard, 17 - 77th Avenue NE, stated that he works across the street from Mayflower and was there prior to the building going up. There were a number of trees planted for screening and he does not think he will be alive when the trees are grown. This is a completely industrial neighborhood. Mayflower is a business and does not bother anyone in the neighborhood. The more difficult the City makes this with moving piles of materials we need to use or parking for the employees is an inconvenience for a lot of people. Small industrial has an average of 6,400 square feet. He repairs vehicles and he has a storage trailer that he does not use all the time, but needs it to do his business. He said they are not trying to be an inconvenience to the City. MOTION by Councilmember Barnette 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 9:20 P.M. Mr. Hickok stated that the first reading of the ordinance will be held on September 23. The second reading would be in October. Between the first and second reading, further amendments would be made until Council is accepting of the language. After the second reading, it is published and becomes an ordinance. Mr. Burns stated that the second reading would be on October 14. Councilmember Bolkcom stated that she would like to go back and look at the information again before the first reading. The code enforcement issues can then be talked about at a conference meeting. Councilmember Barnette stated that he wanted to reassure everyone that Council is in no way opposed to industrial commercial areas. It is the lifeblood of the City and we want businesses to stay here. Most are in favor of some kind of conditions and applicable regulations to make the City a better place for all of us. Councilmember Bolkcom stated that we have heard from residents who would like to see areas cleaned up. There are problems in residential areas also. Mr. Hickok stated that with respect to systematic inspection in general, staff does not feel that we are at one hundred percent regarding residential. When we talked about moving through the City and being completed with residential, that does not mean that we are done with educating what the ordinance is saying without issuing citations, which is rare. Mr. Burns stated that the vast majority of code violations are resolved without going to court and are a positive process in which we work with the owners. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 9, 2002 PAGE 14 Mayor Lund stated that we would try to use the information given today when reviewing this ordinance. He asked if the October 28 meeting would be appropriate for the first reading. Councilmember Bolkcom asked Mr. Hickok if he could send a letter to business owners about the first reading being held on October 28. Mr. Hickok stated that he would. NEW BUSINESS 12. VARIANCE REQUEST, VAR #02-16, BY LARRY REYNOLDS, TO REDUCE THE REQUIRED REAR YARD SETBACK FROM 32 FEET TO 14 FEET TO ALLOW THE EXPANSION OF AN EXISTING GARAGE, GENERALLY LOCATED AT 6065 MCKINLEY STREET: Mr. Hickok stated that the existing zoning is R-1, Single Family. The petitioner is Brunn Remodeling and the owner is Larry Reynolds. The size of the lot is 10,360 square feet. Section 205.07.04.D.3, requires a rear yard setback of 32 feet on this property. The petitioner's summary of hardship states as follows: "The existing house with attached garage was built in 1971 and designed to accommodate the needs for off-street parking and storage for the general population at that time. Because of the increase in family members using/driving motor vehicles in general, it is now common to see 3 stall garages on new homes." Mr. Hickok stated that the Appeals Commission at their August 28, 2002, meeting recommended approval with three stipulations. Due to neighborhood opposition, this variance request requires Council action. Staff has no recommendation, as a similar variance has been granted in the past with VAR #98-16 reducing the rear yard setback from 31' to 13' to allow a home expansion (three season porch). Staff recommended that if granted, the stipulations be included. Mr. Larry Reynolds, 6065 McKinley Street, stated that the issues at the meeting were that everybody thought the addition was going in the wrong direction. There is no problem now that this has been clarified. MOTION by Councilmember Wolfe to approve VAR #02-16 with the following three stipulations: 1) Petitioner shall obtain all necessary building permits prior to construction of any additions; 2) Addition shall be architecturally compatible with existing home; 3) Garage shall not be used for home occupation. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 9, 2002 PAGE 15 6. RESOLUTION NO. 50-2002 SUPPORTING IMPROVEMENTS TO SPRINGBROOK NATURE CENTER COMMENCING OF FUNDRAISING EFFORTS BY THE SPRINGBROOK NATURE CENTER FOUNDATION: Councilmember Barnette stated that this resolution applies only to phase one improvements, and is very clear that operation, maintenance, depreciation of any structures will not become a liability on the City. Councilmember Bolkcom asked if No. 4 could include the fact that more costs will not be incurred by adding a new gateway to the Springbrook Nature Center, and that there was money put away ahead of time. Mr. Knaak, City Attorney, stated asked her if she meant that there are funds available prior to construction so there will be no additional expenditure exposure on behalf of the City. Councilmember Bolkcom stated that was correct. It is not just about construction and operations, but if there is some structure that depreciated, there will be money for that. Mr. Knaak stated that she could add language stating that no construction shall incur until there are sufficient funds deposited with the City so the City at its discretion can both construct and maintain the facilities constructed. Mr. Burns stated that they could add the word depreciation in addition to operation. Operation usually encompasses depreciation. Mr. Knaak stated that depreciation is a term for deterioration whereas maintenance is a term that has to do with ongoing maintenance as a result of deterioration. The concern is that there will be enough funds on an ongoing basis so that it could be maintained as it depreciates. Councilmember Bolkcom stated that it would not just be operating with day-to-day expenses, but also maintaining it. Mr. Knaak stated that you could use depreciation, but he is not sure what that would add. Councilmember Billings stated that he understood that this was initially drafted by staff. It was circulated in the packet a couple of weeks ago for changes. Council could put forth any changes we would like to see made and table this item until staff can come up with appropriate language. This would allow enough time to have the Springbrook Nature Center Foundation review it. Mr. Burns stated that Councilmember Bolkcom's suggestion is not outside the original intent of the resolution. Councilmember Bolkcom stated that maybe the Springbrook Nature Center Foundation could speak to Council about that. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 9, 2002 PAGE 16 Councilmember Wolfe asked if the Springbrook Nature Center Foundation would pay the City back for all of its costs for maintenance which takes employees away from their jobs. Mr. Burns stated that they would. Mr. Malcolm Mitchell, Chair of the Springbrook Nature Center Foundation Board, stated that he does not think they would have a problem with the additional phrase suggested. He would just as soon move forward tonight. Councilmember Barnette stated that it could read: "That all funds raised for construction, operation, maintenance, and depreciation, ... etc.". Mr. Mitchell stated that it could. MOTION by Councilmember Barnette to approve Resolution No. 50-2002. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Barnette to amend the Resolution as follows: "4) That all funds raised for construction, operation, maintenance and depreciation of the Springbrook Nature Center Gateway Project will be deposited with the City of Fridley and set aside in a separate Springbrook Nature Center Gateway Project improvement fund." Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Mitchell thanked Council for their support. Councilmember Wolfe proposed his own idea regarding the high commission priority for the double gymnasium for Fridley. The estimated cost for the Springbrook Nature Center addition is $3,000,000 to $4,000,000. The cost of a double gymnasium is $2,500,000. Raise enough money to build a gymnasium that the City wants and the City gives the Foundation what they need. The Foundation could do this at their pace and the City will still get the double gymnasium. Mr. Mitchell stated that he thinks that this may be unrealistic. The Foundation has always felt that the Springbrook Nature Center is a public/private partnership between a non-profit corporation and the City of Fridley. Mayor Lund asked how often the Foundation meets. Mr. Mitchell stated that they meet monthly and were scheduled to meet tonight. Mayor Lund asked if Councilmember Wolfe's idea has been mentioned to the Foundation. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 9, 2002 PAGE 17 Mr. Mitchell stated that it has not. Mayor Lund stated that Councilmember Wolfe could make a formal proposal to the Foundation. Councilmember Bolkcom stated that she personally does not support it. It is important that it is very clear he is only speaking for himself. Councilmember Wolfe stated that it is only his idea. 4. RESOLUTION PERMANENTLY REVOKING THE TOBACCO LICENSE FOR JAMES NICKLOW AND THE SHOREWOOD RESTAURANT LOCATED AT 6161 HIGHWAY 65 N.E. (Ward 2): Mr. Sallman, Director of Public Safety, stated that on March 19, 2002, the Police Department conducted a tobacco compliance check with an underage person attempting to make a purchase of tobacco products. Thirty-two out of thirty-four of the licensees passed. The individual who sells the tobacco is subject to State criminal law. In our civil process, we offer the opportunity to choose a civil process. If they choose not to participate, we turn to the criminal court process. The individual at Shorewood who made the sale did not participate in any civil process and will be going to criminal court in October. The licensee also has had the opportunity to participate in the civil process. Through conversations with Captain Tellers and they conveyed through letters that they were not going to pay the civil penalty. They chose not to participate in the hearing. The ordinance calls for suspension if the fine is not paid. If they chose to withdraw from the process altogether as Shorewood has done, a revocation process is considered. Councilmember Billings stated that Section 12.08 of Administrative Offenses, No. 2 Licensee, states that in the event a licensee participates in the administrative event or procedures but does not pay the monetary fine which may be imposed, the City will suspend the licensee's tobacco license in accordance with Section 12.08(h) of this ordinance. The particular sentence of No. 2 says that the City will suspend the licensee's license in accordance with 12.08(h) but that is in the event that they participate in the process but do not pay the fine. Mr. Sallman stated that was correct. Councilmember Billings stated that earlier in that section it states: "At any time prior to the payment of the administrative penalty and provided for a hearing after, the licensee may withdraw from participation in the procedures in which event the City may permanently revoke the licensee's tobacco license in accordance with the law." It is confusing for people who go through the administrative hearing. If they opt out of the administrative hearing, one could argue that the first section gives the City the right to revoke, but not obligated to revoke. Mr. Sallman stated that suspension is a period of time, revocations are permanent. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 9, 2002 PAGE 18 Councilmember Barnette stated that (h) refers to suspension and No. 2 says it they go through the process and do not pay, we will suspend and may permanently revoke. The City is not mandated to revoke, only suspend. Mr. Sallman stated that is correct. Councilmember Billings stated that the letters from Mr. Nicklow and the employee are contending that the sale did not take place. The April 23 letter maintains that he concurs with her that an independent investigation should take place. He is indicating a disagreement as to whether or not the sale took place. This primary option would have been to request a hearing officer to make the determination. Mr. Sallman stated that was correct. Councilmember Billings stated that he is not sure that Mr. Nicklow understood that his only real recourse was the hearing officer because he is making reference to the courts determining who is telling the truth. Mr. Sallman stated that the letter from Captain Tellers was relevant to the hearing examiner. The point of the action proposed is because he refused to participate in due process, despite several letters stating that he could lose his license if he did not. Councilmember Billings asked why the recommendation from staff is to revoke and not to suspend. Mr. Sallman stated that the ordinance calls for revocation, but Council can decide what direction to take. Councilmember Bolkcom asked if it was clear in the Apri191etter to Mr. Nicklow about the civil hearing. Mr. Sallman stated that was correct. Mayor Lund asked the Shorewood Restaurant owners why they refused to participate. Mr. Jack Cosentino, son-in-law of Mr. Nicklow and employee of the Shorewood, stated that they have been operating the restaurant for 33 years. They recently suffered a fire and will be out of business for 2 to 3 months. He said the only notification they had for this was the invitation to the City Council meeting. Councilmember Bolkcom asked if they received the letters from the City. Mr. Cosentino stated that the only letter they have was the one asking for the revocation of our license at the City Council meeting. Our employee is telling us that the sale had not incurred and we have yet to prove this is true. We pride ourselves on fine dining and liquor sales. Cigarettes are not our cup of tea and we only make about five cents per pack There is one cigarette FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 9, 2002 PAGE 19 machine in the establishment which was moved to the interior of the bar area. He said they have the tobacco license primarily for cigars. Councilmember Billings asked if they received the letter from Captain Tellers initially back in ApriL Mr. Nicklow responded. Captain Tellers responded back, and then you responded back. He asked if he had those letters. Mr. Cosentino stated that he did. Councilmember Billings asked if any notification was received telling them what happened and sorting out the facts. Mr. Cosentino stated that was correct. Councilmember Billings stated that the letters received in March and April told the establishment that the employee may go to Anoka County court, there is no procedure for the restaurant to go to court in Anoka County. If the restaurant wanted to have the hearing, the restaurant needed to request a hearing within 20 days. Shorewood did not make a request. Staff is requesting the revocation because staff assumes you opted out of that process. This is the only recourse the City has left. Mr. Cosentino stated that the documentation that went to Mr. Nicklow was very clear indicating that and that is where the problem has been. We are saying we never had an issue like this before, and have strict rules, education of ID, training programs, and adhere to the rules and regulations. We are also taking out the cigarette machine after the fire due to damage. We appreciate the attention of Council and we will take this up with Captain Tellers. Mayor Lund stated that the letter clearly states that you must have the hearing if you do not want revocation. He is recommending that they have some time because they are a long-standing business. Mr. Cosentino stated that the City has been very good to them. Councilmember Billings stated that he is not sure they can still do the hearing process because the 20-day period is up. He thinks the letter from Captain Tellers was clear. He would like to table this and ask staff to work with the City Attorney to determine whether or not there is an e�tension of time for an administrative hearing that is legal and warranted; or if the employee is going to Anoka County Court, the licensee could come into agreement with the prosecution of the employee and that may be satisfactory to Council. If it is not legal under our ordinances to offer an e�tension, we need to determine the facts in some other manner. There is enough question on paper here as to whether or not the violation took place. We could suspend the license tonight for 60 days since they are closed for 90 days anyway. The primary reason for the ordinance is to provide assurance that this will not happen in the future. He said he did not feel comfortable revoking this when there is a cloud on the facts of why we would do this. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 9, 2002 PAGE 20 Mr. Knaak stated that the language is specific requiring a suspension if they do not cooperate in the hearing. We can look into this and see if options are available. You can table an agenda item like this. Mr. Nicklow, owner of the Shorewood Inn, stated that there was no notice, and there was no sale of cigarettes. The machine is going to be taken out anyway. Mayor Lund asked if he understood they now have to work towards a hearing. Mr. Nicklow stated that he did. He asked his employee if he had to participate in the first meeting his employee went to, she stated that he did not have to be there. She was there. They are going to court ne�t month. Mayor Lund stated that this goes against his license too, so he probably does want to participate with the courts. Council may be opting to table this and check out the legalities of e�tension so this can get resolved. Mr. Burns stated that the court process will occur in early October. He asked if that settled the issue of whether or not this matter happened. Mr. Knaak stated that he would not want to verbalize any conclusions prematurely. Mr. Sallman stated that it is important to note that the court hearing has a level of proof that is beyond reasonable doubt. The level of proof for a civil hearing is a preponderance of the information. MOTION by Councilmember Billings to table the resolution permanently revoking the tobacco license for James Nicklow and the Shorewood Restaurant until such time as staff brings it back. Seconded by Councilmember Bolkcom. Councilmember Bolkcom asked if the Police Department was going to be contacting Mr. Nicklow to set up an administrative hearing, or if it would be after Mr. Knaak has had a chance to review options. Mr. Knaak stated that he would need to look up whether it is possible to have a hearing. Once that conclusion has been reached the decision would be made as to when or if the hearing would be offered. Councilmember Bolkcom asked if staff would communicate with Mr. Nicklow when Mr. Knaak has made the determination. Mr. Knaak stated that was correct. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 9, 2002 PAGE 21 1. FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE BY AMENDING APPENDIX F TO PROVIDE FOR THE ADJUSTMENT OF SALARIES FOR THE MAYOR AND COUNCILMEMBERS IN ACCORDANCE WITH SECTION 2.07 OF THE CHARTER OF THE CITY OF FRIDLEY: Mr. Harris, 6200 Riverview Terrace, asked what the dollar amount was. Councilmember Bolkcom stated that the Mayor's salary would be $9,636.96, the Councilmember-at-Large's would be $7,915.69, and the three Ward Councilmembers' would be $6,998.22. Mr. Burns stated that this is only a two percent raise. MOTION by Councilmember Bolkcom to approve the first reading of the Ordinance Recodifying the Fridley City Code by Amending Appendix F to Provide for the Adjustment of Salaries for the Mayor and Councilmembers in Accordance with Section 2.07 of the Charter of the City of Fridley. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 5. RESOLUTION NO. 49-2002 APPROVING PLANS AND SPECIFICATIONS, ORDERING THE IMPROVEMENT AND AUTHORIZING ADVERTISEMENT FOR BIDS: MUNICIPAL GARAGE EXPANSION PROJECT NO. 343: Mr. Harris, 6200 Riverview Terrace, asked how much was going to be spent on health and safety, and how much on expansion. Mayor Lund stated that he could not put a dollar amount on that but all the improvements are long overdue and most relate to health and safety or code compliance. Mr. Burns stated that none of it is aesthetic. Councilmember Bolkcom stated that it is to meet OSHA requirements and ADA requirements to have a place for a wheelchair to get from one floor to the ne�t. The females staff only have a tiny little space to change their clothes right now. Councilmember Billings stated that some of it is because of City ordinances. What we are asking businesses to do, we should do ourselves to be in compliance. Mr. Harris asked if that related to the proposed ordinance. Mayor Lund stated that this does not relate to the proposed ordinance. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 9, 2002 PAGE 22 Councilmember Billings stated that citizens have come forward and told us we do not have dumpster enclosures at City buildings, so we are trying to bring this into compliance. Mr. Harris asked how long the City garage has been in violation of the health and safety situation. Councilmember Bolkcom stated that they could not answer that tonight. Mayor Lund stated that there was an OSHA inspection several months back. Mr. Harris asked how they got by this long without all that stuff. Councilmember Bolkcom stated that the issue is that when you start remodeling something is when the OSHA requirements come in. Mr. Harris asked how this would fit with the proposed new ordinance. Mr. Burns stated that it has nothing to do with that. The reasons for this are that we need office space for the office personnel and need to bring offices to the first floor so it is accessible to the public. We do not have adequate lunchroom facilities, nor adequate female employee facilities. We are correcting that by putting in locker room and restroom facilities. Since we are adding on, we had to put sprinklers in the whole building which is a health and safety requirement. It did not kick in until we remodeled, so part of the cost of the $600,000 is sprinklering the building. There is paving in the Capital Improvements Budget for ne�t year. He asked if this was connected to the outdoor storage ordinance. Mr. Hickok stated that there is quite possibly a connection. Councilmember Billings stated that the garage is zoned P, which means City of Fridley property and basically the outdoor storage requirements do not apply to that. Mr. Harris asked how they are with the energy code. Mr. Burns stated that the doors were replaced and that helped the energy situation considerably. Councilmember Bolkcom stated that we have to comply with the energy codes. MOTION by Councilmember Bolkcom to approve Resolution No. 49-2002. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 9, 2002 PAGE 23 12A. VARIANCE REQUEST, VAR #02-13, BY JIM KIEWEL, TO INCREASE THE TOTAL SQUARE FOOTAGE OF ALL ACCESSORY BUILDINGS TO ALLOW THE CONSTRUCTION OF AN ADDITIONAL GARAGE, GENERALLY LOCATED AT 1631 RICE CREEK ROAD NE. (WARD 2) (TABLED AUGUST 26, 2002 : Mr. Hickok, Community Development Director, stated that the item Councilmember Barnette asked to have added to the agenda pertains to Mr. James Kiewel's variance request. It was originally scheduled to be on tonight's agenda, but was removed at the request of Mr. Kiewel. According to law, he does have 120 days to act on this item. By his request, he also recognizes that he moves into the second 60 day window of time. The City has 60 additional days and before the end of that time, of that date we need to act on this item, with or without any information by Mr. Kiewel. MOTION by Councilmember Bolkcom to remove this item from the table. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Barnette to table consideration of Variance Request, VAR #02-13 by James Kiewel, in order to ascertain the necessary information to study the request, and e�tend the review period for City Council action an additional 60 days and notify the petitioner in writing of the 60-day e�tension. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 13. INFORMAL STATUS REPORTS: Mayor Lund stated that everyone is invited to attend the 9/11 memorial program in Fridley. It will be a good program with Rick Kupchella as a guest speaker. Councilmember Bolkcom encouraged everyone to vote on Tuesday. Councilmember Bolkcom stated that the train whistle meeting is on September 24. Mayor Lund stated that Call on the Council is at 6:00 p.m. Tuesday. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 9, 2002 PAGE 24 ADJOURN: MOTION by Councilmember Barnette to adjourn the meeting. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE SEPTEMBER 9, 2002, CITY COUNCIL MEETING ADJOURNED AT 10:47 P.M. Respectfully submitted, Signe L. Johnson Scott Lund Recording Secretary Mayor