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08/11/2003 - 00026232CITY OF FRIDLEY CITY COUNCIL MEETING MINUTES AUGUST 11, 2003 CALL TO ORDER: The City Council meeting of August 11, 2003 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 Councilmember Bolkcom Others Present: William Burns, City Manager Scott Hickok, Community Development Director Jon Haukaas, Public Works Director Richard Pribyl, Finance Director/Treasurer Frederic Knaak, City Attorney PRESENTATION: Mayor Lund presented a certificate of appreciation to Ms. Denise M. Letendre for her good work as Council/Commission Recording Secretary. Mayor Lund introduced Ms. Kathy Fischer as the new Council/Commission Recording Secretary. APPROVAL OF PROPOSED CONSENT AGENDA: Councilmember Billings asked that Item No. 7, Estimates, be removed from the Consent Agenda and placed on the Regular Agenda. APPROVAL OF MINUTES City Council meeting minutes of July 14, 2003 were received and approved as written. OLD BUSINESS: 1. ORDINANCE NO. 1179 UNDER SECTION 12.06 OF THE CITY CHARTER REPEALING ORDINANCE NO. 1175 DECLARING CERTAIN REAL ESTATE TO BE EXCESS AND AUTHORIZING THE SALE THEREOF (GENERALLY LOCATED AT 5541 FIFTH STREET N.E. — WARD 1). ADOPTED. FRIDLEY CITY COUNCIL MEETING MINUTES OF AUGUST 11, 2003 PAGE 2 2. ORDINANCE NO. 1180 UNDER SECTION 12.06 OF THE CITY CHARTER DECLARING CERTAIN REAL ESTATE TO BE SURPLUS AND AUTHORIZING THE SALE THEREOF (GENERALLY LOCATED AT 5541 FIFTH STREET — WARD 1). ADOPTED. NEW BUSINESS: 3. RECEIVE THE MINUTES FROM THE PLANNING COMMISSION MEETING OF JULY 16, 2003. RECEIVED. 4. ESTABLISH A PUBLIC HEARING FOR SEPTEMBER 29, 2003, TO CONSIDER REVOCATION OF SPECIAL USE PERMIT #01-06 TO DWAYNE AND DAWN MYRVOLD FOR A SECOND ACCESSORY STRUCTURE, GENERALLY LOCATED AT 554 JANESVILLE STREET N.E. (WARD 3): SET A PUBLIC HEARING FOR SEPTEMBER 29, 2003. 5. CLAIMS. APPROVED PAYMENT OF CLAIM NOS. 112657 THROUGH 112878. 6. LICENSES: APPROVED LICENSES AS SUBMITTED AND AS ON FILE. MOTION made by Councilmember Barnette, seconded by Councilmember Bolkcom, to approve the proposed Consent Agenda Items as listed with the removal of Item No. 7, Estimates. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF AGENDA: MOTION made by Councilmember Bolkcom, seconded by Councilmember Wolfe, to adopt the agenda with the addition of Item No. 7, Estimates. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM, VISITORS: Ms. Ann Wallerstedt, Executive Director of Mediation Services, explained that Mediation Services was an Anoka County agency that helped communities assist conflicting persons to resolve their problems. The agency was funded by the Supreme Court, the State of Minnesota, FRIDLEY CITY COUNCIL MEETING MINUTES OF AUGUST 11, 2003 PAGE 3 Anoka County, city governments, United Way funding, and private donations. Mediation Services did serve Fridley with neighborhood conflicts, parenting concerns, visitation concerns, victim offender program (non-violent crimes), school mediation, etc. There was a small charge to residents for some of the services. Ms. Wallerstedt wanted the Council to be aware that there was a benefit on September 11, 2003 for Mediation Services. The benefit represented about 30 percent of the agency's funding. Ms. Sharon Moenkhaus, employee of Alexandra House, said she taught science at the shelter and said she wanted to read a letter from the teachers of the shelter. The teachers used Springbrook Nature Center for the science program for the children at the shelter. The teachers urged Council not to close the Springbrook Nature Center. Councilmember Wolfe assured Ms. Moenkhaus that the Nature Center would not be closing, but the budget proposal would be to eliminate staffing and close the building. PUBLIC HEARINGS: 8. REVIEW SPECIAL USE PERMIT, SP #73-07 FOR CENTRAL AUTO PARTS, GENERALLY LOCATED AT 1201 — 73 1/2 AVENUE N.E. (WARD 2) (CONTINUED JULY 14, 2003). MOTION made by Councilmember Wolfe, seconded by Councilmember Barnette to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Scott Hickok, Community Development Director, said that the public hearing was on the potential revocation of the Special Use Permit, SP #73-07, for Central Auto Parts. The public hearing was continued from July 14 since counsel for the applicant, Mr. Jerry Haluptzok, submitted a plan for compliance. The grounds for revocation were failure to comply with any and all conditions and stipulations issued with the special use permit. Revocation may occur after the public hearing by the City Council and in compliance with Minnesota State Statute 462, and all costs incurred by the City during the revocation process may be assessed to the property. Mr. Hickok said that since the last Council meeting Central Auto Parts had made visible improvements to the site and indicated a willingness to comply with the 1973 and 1982 stipulations. A memorandum submitted by Joseph G. Sedarski, Rider Bennett, on behalf of Central Auto Parts, dated July 17, 2003, indicated a number of improvements that had been made and procedures set forth that would be followed by Central Auto Parts. The property owner had indicated an interest in constructing a pond that would hold water from the mobile home park as well as the grinding business to the east and Fridley Auto Parts. Staff initially determined that a reasonable schedule would be that a Storm Water Management Plan would be approved by April 2004, and all landscaping, fencing, and irrigation improvements would be completed by June 15, 2004. Curb, gutter and traditional asphalt or concrete would be installed by April 1, 2005. The Storm Water Management Plan would require more time. A survey of affected properties would be conducted, and topographic information added. In 2004 and 2005 they would obtain approval from the Rice Creek Watershed District and City Engineering staff. In 2005/2006 they would FRIDLEY CITY COUNCIL MEETING MINUTES OF AUGUST 11, 2003 PAGE 4 complete the grading/ponding and complete sodding or seeding the disturbed areas of soil. The original timeline would have had everything completed by 2005, but the preliminary storm water runoff shows that there was water coming in from three other sites. There may be additional time needed to coordinate with other properties. He reviewed the stipulations. He said staff recommended approval of the Special Use Permit and recommended a review of the special use permit each March to insure adherence to the schedule and compliance with the revised stipulations of the 1973 and 1982 permits. MOTION made by Councilmember Bolkcom, seconded by Councilmember Wolfe, to receive into record the memorandum dated August 8, 2003, to William Burns, City Manager, from Scott Hickok, Community Development Director, Paul Bolin, Planning Coordinator, and Stephanie Hanson, Planner, regarding the continuation of public hearing for review of Special Use Permit #73-07 to consider revocation for Central Auto Parts, 1201 73 '/z Avenue, Fridley, Minnesota. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Bolkcom asked if the timeline was realistic. Mr. Hickok said that if there were any chance that some of the items could be included as a public improvement, they would be interested in being assessed, and paying it over time. Councilmember Bolkcom asked what would happen if the improvements did not move along as listed. Mr. Hickok said that if the timelines were not met, a revocation would be considered. Councilmember Billings asked if Mr. Haluptzok was renting the property or if he was the property owner. Mr. Hickok said Mr. Haluptzok was renting the property. Councilmember Billings asked if the property owner was aware of the stipulations. Mr. Hickok said he was. Councilmember Billings asked if a letter would be sent to the property owner and the renter so they could review the stipulations. Mr. Hickok said that that letter would be sent out and filed. Councilmember Billings asked what type of action was needed. Mr. Hickok said if Council concurred with staffs' recommendations, staff would proceed accordingly. FRIDLEY CITY COUNCIL MEETING MINUTES OF AUGUST 11, 2003 PAGE 5 Councilmember Billings asked if Council would need to amend the agenda item to include staffs' recommendation. Mr. Frederic Knaak, City Attorney, said the process was a review. The Council could propose additional restrictions, reach a modification, but this was all part of the review process. Councilmember Billings said his question was more of a procedural question because the City Council did not pass motions during public hearings. It was usually an action item after the public hearing. He asked if the agenda would need to be amended. Mr. Knaak said that the usual practice would be to close the public hearing, and because Council was being asked to take action, it would be appropriate to place it later on the agenda. Mayor Lund invited any public comment. Mr. Joseph G. Sedarski, Rider Bennett, who represented the applicant, said that they worked hard with staff to work out the problems. He asked if Council had any questions. Mayor Lund asked if the property owner's main concern was the cost of hard surface paving. Mr. Sedarski said that he did not represent the owner, but the property owner realized that in order for Central Auto Parts to continue in this location, the stipulations and timelines must be met. Mayor Lund indicated that this item would be considered at the ne�t Council meeting to be held on August 25, 2003. MOTION made by Councilmember Wolfe, seconded by Councilmember Bolkcom, to close the public hearing at 8:18 p.m. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 9. CONSIDERATION OF ALLEY PAVING PROJECT NO. ST. 2003-3 (CONTINUED JULY 14, 2003). MOTION made by Councilmember Bolkcom, seconded by Councilmember Wolfe, to remove the item from the table and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Jon Haukaas, Public Works Director, reviewed the project. Mr. Haukaas said the project paved one of the last gravel through alleys in the City. The project came up as a result of the paving ordinance and some questions of equity between the residents and the City. The project initially included all three of the through alleys, but at the July 14, 2003, public hearing some of the residents requested an opportunity to partially vacate their alleys. The alleys are off of East River Road between East River Road and Ashton Avenue. Mr. Haukaas received one petition to FRIDLEY CITY COUNCIL MEETING MINUTES OF AUGUST 11, 2003 PAGE 6 vacate a portion of that alley, but has not yet received the other petition. At the July 14, 2003, Council meeting, Councilmember Billings asked that those alleys be removed from the project so the revised project only looks at the gravel alley from Mississippi Street to 66th between and parallel with Arthur Street and Anoka Street. The issue was how the project would be assessed. City Projects have typically been done on a per foot of lot width versus a per capita basis. The assessment issue still needed to be resolved. The contractor was ready to start the project. Councilmember Bolkcom asked to receive the petition into the record. The petition requested a partial vacation of the alley between 621/2 and 63rd Avenue. MOTION by Councilmember Bolkcom, seconded by Councilmember Barnette to receive the petition into the record requesting a partial vacation of the alley between 621/2 and 63rd Avenue. Councilmember Bolkcom asked if the petition represented all of the property owners. Mr. Haukaas indicated that seven of the eight property owners signed the petition. He said he had not yet heard from the eighth person. Councilmember Barnette asked if the driveway of person who did not sign the petition came off the street. Mr. Haukaas said that the individual did use the alley. The neighbors indicated that the individual was not opposed to the project, because it still allowed him access through the alley. Since they do not have 100 percent of the signatures, a public hearing will be held on the vacation. Councilmember Bolkcom asked staff to contact the person who did not sign the petition. Ms. Heather Mewhorter, 39 62"d Way, said that the second petition was dropped off. She said a couple of residents did not sign the petition because their concerns were with the one house by Ashton that needed the private driveway. Those residents felt that they should not have to pay for a private driveway. There were also vacant houses and a rental property. The owner of the rental property was unreachable. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION made by Councilmember Bolkcom, seconded by Councilmember Wolfe, to vacate the alley from the residents on 62"d Way and 62 '/z Way. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mayor Lund asked for public comment. Mr. Gerald Gerber, 6275 E. River Road, indicated that he had signed the petition, but would like his name removed. FRIDLEY CITY COUNCIL MEETING MINUTES OF AUGUST 11, 2003 PAGE 7 Mr. Paul Gerber, 6275 E. River Road, said that his father did not want the alley vacated because his father had a 13 percent grade driveway entering onto East River Road and there were no site lines. Councilmember Bolkcom said the project before the Council tonight was the alley paving project on Arthur, Anoka and Mississippi. She said a public hearing would have to be held to vacate the alley that Mr. Gerber was concerned with. Mr. Haukaas pointed out that the petition that was circulated regarding the alley between 62"a Way and 63rd vacated the alley with the exception of the western 140 feet which was the portion of the alley that served Mr. Gerber's property. Mr. Gerber's portion of the property would not be vacated. Mr. Paul Gerber said that his concern was that the grade of East River Road and the four-foot retaining wall created an unsafe condition. Mr. Gerber said his father used the entire length of the alley in the wintertime because of the conditions. Councilmember Barnette asked staff who put the retaining wall up. Mr. Haukaas indicated that Anoka County put them up. He said that Anoka County would not remove the retaining walls, but would allow the City to complete a project to re-grade and remove the retaining wall. Councilmember Bolkcom asked if Dr. Burns would contact the County Commissioner for the area about the situation. Mayor Lund said that there would be a public hearing for this alley and that residents would receive a public notice. Mr. Paul Gerber asked if there was a legal easement across his property and if it could be closed. Mr. Frederic Knaak, City Attorney, said that if there was an existing public right-of-way that he was using, he did not have an easement. The public had an easement over the property. If it were to be vacated at some point, an easement could be created. Mr. Paul Gerber asked about the public's rights to an alley in the City. Mr. Knaak said that an alley was a type of public roadway and if it was vacated, one of the things that the City was required to do was to take a look at the usage, including public access, health and safety matters. The City Council could decide in its discretion not to grant a vacation. MOTION made by Councilmember Bolkcom, seconded by Councilmember Wolfe, to receive into the record the project costs based on the lowest responsible bid prices. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Haukaas said the cost spreadsheet itemized the items if the alley was constructed and included the contractor's cost to mobilize crews, traffic control, individual pay items and unit FRIDLEY CITY COUNCIL MEETING MINUTES OF AUGUST 11, 2003 PAGE 8 costs. He said that each affected homeowner was listed as well as alley access and width of each lot. The first cost option was based on a cost per foot which involved taking the total assessable footage for the project and dividing it into the total cost to come up with a per foot cost. The prices went up because it was a stand-alone project. The second option was based on per capita in which the total cost was divided by the number of properties and everyone paid equally. A third option that was discussed was taking '/z per capita plus '/z based on per foot width. The numbers are listed to allow City Council to make the fairest decision when assessing property owners. Councilmember Barnette said he would like the City to fund the alley project under consideration, but realized that it would take money out of street projects. Mr. Haukaas said that the alley improvements were not a budgeted project. In the past, the policy was that residents would pay 100% of the cost and the City would take over maintenance of the alley. Mr. Haukaas said that if the City paid for one alley improvement, it created precedence. Mayor Lund asked if the Fire and Police Departments used the gravel alleys. Mr. Haukaas said the Fire and Police Departments would use the alleys if they needed to, but typically used the fronting street. There was always an option to re-grade the alley to a better condition, but keep it as a gravel alley and the City may choose to plow it or not. Residents have complained about runoff and vehicle fluid leakage. As the alley was right now there was a lot of fine gravel that could be carried away by heavy rainstorms. Using a heavier gravel did contain the runoff better. However, Mr. Haukaas indicated it would probably be a better solution to pave the alley. Councilmember Bolkcom asked Mr. Haukaas if the alley was left the way it was how often would the City have to maintain the alley. She asked if snowplowing would be an issue. Mr. Haukaas said that the City would have to do maintenance every year to maintain grades and gravel and would recommend that the residents continue plowing the alley. Mayor Lund asked for any public comment. Mr. Jon Lund, 6553 Arthur Street N.E., said that if bigger gravel were put in the alley, he would not be able to run a snow blower. Mayor Lund indicated that most residents living on the alley were in favor of an even split on the cost. MOTION made by Councilmember Bolkcom, seconded by Councilmember Wolfe, to close the public hearing at 9:03 p.m. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING MINUTES OF AUGUST 11, 2003 PAGE 9 OLD BUSINESS: 10. RESOLUTION NO. 35-2003 ORDERING FINAL PLANS AND SPECIFICATIONS AND ESTIMATES OF COSTS THEREOF: ALLEY PAVING PROJECT NO. ST. 2003 — 3(TABLED JULY 14, 2003). Mr. Jon Haukaas, Public Works Director, indicated that were two resolutions before Council: one to order the final plans and specifications, and one to receive the final plans and specifications for the alley project. Councilmember Bolkcom asked what plans Council was ordering and receiving. Mr. Haukaas said that staff did not typically include the plans in the Council packet because of the size of the plans. The final plans are only for the Anoka/Arthur Street alley and the cost estimate that the Council received into the record reflects the items involved and the costs involved. Councilmember Bolkcom was concerned that it did not say anywhere which project Council was ordering and receiving. Mr. Haukaas commented that the description of the project was in the title of the memorandum to Council. He said the first resolution did not identify which street it was, but the second resolution did. He apologized that it was inadvertently missed on the first resolution. Councilmember Barnette asked how the project would be assessed. Mr. Haukaas said the resolutions did not address how the project was assessed. MOTION made by Councilmember Bolkcom, seconded by Mayor Lund, to adopt Resolution No. 35-2003. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 11. RESOLUTION NO. 36-2003 RECEIVING FINAL PLANS AND SPECIFICATIONS AND ORDERING QUOTES BE OBTAINED: ALLEY PAVING PROJECT NO. ST. 2003 — 3. MOTION made by Councilmember Bolkcom, seconded by Councilmember Wolfe, to adopt Resolution No. 36-2003. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING MINUTES OF AUGUST 11, 2003 PAGE 10 12. APPROVE CHANGE ORDER NO. 1 TO HICKORY STREET WATERMAIN PROJECT ADDING ALLEY PAVING PROJECT NO. ST. 2003 — 3(TABLED JULY 14, 2003) Mr. Jon Haukaas, Public Works Director, explained that this officially added the alley paving project to the contract that was currently held by Midwest Asphalt Corporation for the Hickory Street Watermain Project. It added the items and costs to the project. Staff recommended approval of the change order in the amount of $18,102.50. Councilmember Bolkcom pointed out that on the project cost sheet handed out to the Council there was a total cost of $29,908.39 rather than $18,102.50. Mr. Haukaas said the spreadsheet the Council received included the contingency, engineering and administration costs. Those calculations were for reference when determining assessments. If there were changes outside the scope of the project, a change order would need to be approved by Council. MOTION made by Councilmember Bolkcom, seconded by Councilmember Barnette, to approve Change Order No. 1 to the Hickory Street Watermain Project adding Alley Paving Project No. ST. 2003 — 3 in the amount of $18,102.50 to Midwest Asphalt Corporation. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 13. ORDINANCE NO. 1181 TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA, BY MAKING A CHANGE IN ZONING DISTRICTS (REZONING REQUEST, ZOA #02-01, BY BRANDES PLACE, LP, TO REZONE PROPERTY FROM R-2, TWO FAMILY RESIDENTIAL AND C-3, GNERAL SHOPPING, TO R-3, GENERAL MULTIPLE UNITS-RESIDENTIAL, IIN ORDER TO ACCOMMODATE 16 MULTI-FAMILY HOUSING UNITS, GENERALLY LOCATED AT 6160 FIFTH STREET N.E. (WARD 1). Councilmember Barnette asked who owned the property. Mr. Scott Hickok, Community Development Director, said the issue of who owned the property was between the parties. It was represented at the time of the petition that the church and the partnership had an arrangement whereby once the approvals were granted the land would be made available for this development. Councilmember Barnette said that Stipulations 11 and 12 both related to the property owner of record at the time of the building application to pay the required fees. Mr. Hickok said that based on the representations given when this petition was made, these stipulations are correct. The issue of ownership of the property was not the City's. Councilmember Billings said that Council can approve the ordinance and if there are some ownership problems, it was in the hands of the parties that started the application process. He said that the City legally needed to follow-through on what the City agreed to. FRIDLEY CITY COUNCIL MEETING MINUTES OF AUGUST 11, 2003 PAGE 11 MOTION made by Councilmember Billings, seconded by Councilmember Bolkcom, to amend the ordinance so that Stipulation No. 3 reads: "Petitioner shall identify ponding area and provide easements for storm water run-off and management, if necessary to manage adequate drainage and stormwater on the property." UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION made by Councilmember Billings, seconded by Councilmember Bolkcom to approve Ordinance No. 1181, with the following stipulations: 1. Petitioner to dedicate street ROW as indicated on Preliminary Plat drawing. 2. Petitioner to obtain all necessary permits prior to construction. 3. Petitioner shall identify ponding area and provide easements for storm water run-off and management, if necessary to manage adequate drainage and stormwater on the property." 4. Storm pond maintenance agreement must be filed prior to issuance of building permits. 5. Petitioner shall obtain any required NPDES Permit and N URP ponding for entire site. 6. City Engineering staff to review and approve grading and drainage plan prior to issuance of building permits. 7. Code required refuse and recycling enclosures must be installed. 8. Landscape plan to be reviewed and approved by City staff prior to issuance of building permit. 9. Petitioner to pay any required Park Dedication Fees. 10. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 11. Property owner of record at time of building permit application, to pay required park fees prior to issuance of building permits. 12. Property owner of record at time of building permit application, to pay all water and sewer connection fees prior to issuance of a building permit. UPON A VOICE VOTE, THREE VOTING AYE, TWO VOTING NAY, MAYOR LUND DECLARED THE MOTION CARRIED. NEW BUSINESS: 14. VARIANCE REQUEST, VAR #03-17, BY DAIVD PHILLIPS FOR JAMES KIEWEL, TO INCREASE THE MAXIMUM SIZE OF A FIRST ACCESSORY STRUCTURE TO ALLOW THE CONSTRUCTION OF AN ADDITION TO AN EXISTING GARAGE, GENERALLY LOCATED AT 1631 RICE CREEK ROAD N.E. (WARD 2). Mr. Scott Hickok, Community Development Director, said that the petitioner, David Phillips of Phillips Architects and Contractors, who is representing Jim Kiewel, property owner of 1631 Rice Creek Road, was seeking a variance to increase the maximum size of a first accessory structure from 1,000 square feet to 1,390 square feet to allow the construction of a 22 foot by 37 foot addition to the existing garage. The hardship, as stated by Mr. Phillips, existed in the nature of the e�treme oversize of the single-family lot and the under-utilization of the property. The lot was approximately 2.5 times the current requirement for an R-1 lot (22,300 SF vs. 9,000 SF). It FRIDLEY CITY COUNCIL MEETING MINUTES OF AUGUST 11, 2003 PAGE 12 was almost twice as wide (145 ft. vs. 75 ft.) as required by Code. The house location prevented subdividing into two lots. The current house was too small for the property and would be modernized and enlarged to be consistent with the other new homes and the e�tremely large lot on which the house was situated. He said this property was granted a variance in 1996 to allow an increase in the first accessory structure from 1,000 SF to 1,392 SF. The variance was granted based on the following facts: The petitioner had an unusually large lot and the Code allowed a total lot coverage of 6,887 SF. The size of the garage approximately equaled the size of the dwelling and would not be out of proportion with the neighborhood. The lot's unique topography allowed the structure to be built lower than the street thereby reducing the visual impact to adjacent properties. The variance expired because the structure was never constructed. Since that request the petitioner submitted various variance requests which far exceeded the 1,392 square feet. None of those requests were granted. Since the most recent request, Mr. Kiewel has hired an architect to help redesign the project. The new request was similar to the 1995 request which was approved by the City Council in February 1996. The current request was to increase the maximum size from 1,000 square feet to 1,390 square feet to allow the construction of a 37 x 22 foot addition to the garage. The existing garage was 576 square feet and the proposed garage addition 814 square feet, totaling 1,390 which was 390 above the Code. He indicated that along with the proposed garage and living space above the garage, there would be a basement addition. The proposed addition met lot coverage and setback requirements. Mr. Hickok said that at the Appeals Commission meeting of July 23, 2003, the Commission held its public hearing and after a brief discussion, recommended approval of this variance with a change to Stipulation No. 4 to read: "The home must be opened to a City Building Inspector prior to the start of construction to determine if the property is a legitimate single-family home and other stipulations as presented." Commissioner Kuechle also wanted it to be duly noted to the City Council that Mr. Kiewel felt very strongly that Stipulation No. 4 should be entirely deleted from the stipulations. Staff had no recommendation as this variance was within previously granted dimensions. Mr. Hickok reviewed the ten stipulations with City Council. Councilmember Bolkcom asked about Stipulation No. 7, "New basement, as labeled on site plan, must be separated from garage in accordance with building code requirements and may not be converted to additional garage area." Mr. Hickok said in past petitions, the homeowner asked for a garage as large as the space that was now being labeled as garage and living space. This stipulation was meant to add clarity to the fact that it needed to be living space or the garage then exceeded the 1,392 square feet that was being asked for. He said it also needed to be clear that it needed to be distinct space according to building codes and not just a modified garage wall that can be taken out after the permit was issued. Councilmember Bolkcom asked if the garage was considered an accessory building/structure. Mr. Hickok said an attached or detached garage, no matter how it was arranged, was considered an accessory structure even though there was living space above the garage. FRIDLEY CITY COUNCIL MEETING MINUTES OF AUGUST 11, 2003 PAGE 13 Councilmember Bolkcom wondered why Stipulation No. 4 was included since there would be inspections during the construction process. Mr. Hickok said that this was a stipulation that had remained consistent since 1995. In 1995, there were realtors calling when the property was on the market asking about the duplex for sale on Rice Creek Road at the edge of the City. They were talking about this property. When one of the later variance applications were investigated, a family came out of the basement walkout level of the unit. It appeared that it had the potential to be an upper and lower unit. In a single- family district, a home cannot be subdivided into a duplex status. In addition, staff did not want to approve an addition that provided a garage for a lower level unit while the garage for the upper-level unit existed. Councilmember Wolfe asked if the living space above the garage was considered accessory. Mr. Hickok said the living space above the garage was not considered accessory. Mayor Lund asked if the petitioner could request a R-2 designation. Mr. Hickok said that one of the criteria looked at when rezoning was what the zoning was in the area. Saying this one need to be R-2 would be spot zoning and that was something that the law did not allow. Mr. David Phillips, licensed architect, 1250 East Moore Lake Drive, said he represented Mr. Kiewel. He said the ordinance allowed for 1,400 square feet of accessory structure, so this request did not exceed what was allowable. He indicated that Mr. Kiewel viewed Stipulation No. 4 as an invasion of privacy and believed it was being used as a presumption that he was doing something wrong with no evidence. Mr. Phillips said he had been in the home and it was a single-family home and not a duplex. Mr. Phillips said that Mr. Kiewel asked to build a 1,600 square foot addition above the garage and walkout basement area and he did have other people who lived at this house as allowed by City Code. Mr. Phillips indicated that a single-family house could have up to five unrelated people living in the home, but the house was all one house and there was no separation. Mr. Phillips asked Council for their approval and asked that Stipulation No. 4 be eliminated. He said he also found Stipulation No. 10 interesting where it read, "New addition must be architecturally compatible with the existing home and garage." He said he did not understand who decided what was compatible. Mr. Hickok said that this was a standard stipulation on applications. Mr. Hickok said this did not treat Mr. Phillips any different than any other petitioner. Mr. Hickok said the City was looking for something that was compatible. Staff was not meaning to prescribe what the building was going to look like, but suggested that it be architecturally compatible. Mr. Phillips said he did not submit a plan with architectural panels. Mr. Phillips said he submitted a plan and asked the Planning Commission to say the plan, as submitted, was deemed architecturally compatible. He said they were asked to submit elevations with the application, which they did. Councilmember Billings indicated to Mr. Phillips that staff did not have to approve the submitted elevations, but rather the elevations could be submitted to either the Appeals Commission or the City Council. FRIDLEY CITY COUNCIL MEETING MINUTES OF AUGUST 11, 2003 PAGE 14 Mr. Phillips indicated that this was not his intention. Councilmember Billings said in every variance request the language was the same. The alternative was to not have staff look at the elevations, but have the City Council look at the elevations and if Mr. Phillips would like to do that, the Council could table the application to another meeting. Once the City Council saw the elevations, the stipulations could be changed to read, "that the elevations will be exactly as provided in the plans that are submitted". If any changes were made to the elevations prior to or after the building permit was issued, petitioner would have to come back to the City Council to get approval to change the building in accordance with the changes made in the elevations. He said he was prepared to make a motion to table the application until Council had a chance to look at the plans. MOTION made by Councilmember Billings to table the application, seconded by Councilmember Wolfe. Councilmember Billings said there was e�tensive discussion at the Appeals Commission and obviously the issue was not resolved. Councilmember Bolkcom explained that every variance had the same type of language, and the applicant was not being singled out. Mr. Phillips indicated he was fine with Councilmember Bolkcom's explanation. Councilmember Wolfe asked Mr. Phillips if he would accept leaving in Stipulation No. 10. Mr. Phillips said he would. UPON A VOICE VOTE, COUNCILMEMBER BILLINGS VOTING AYE AND MAYOR LUND, COUNCILMEMBER BARNETTE, COUNCILMEMBER WOLFE AND COUNCILMEMBER BOLKCOM VOTING NAY, MAYOR LUND DECLARED THE MOTION FAILED. Mayor Lund asked the City Attorney, if Stipulation No. 4 was within the City's legal rights. Mr. Knaak indicated that it was within the City's right to include Stipulation No. 4. This structure had a particular history and the proposed changes in the structure would potentially be consistent with something other than a single-family dwelling. So, under the circumstances, it would be permissible for the City to make this a condition. Mr. Jim Kiewel, 1631 Rice Creek Road, indicated that on his original variance there were four stipulations, but there was never a stipulation requesting that City officials come into the home. Mr. Kiewel said that he was standing on principle, which can be different than being right or justifiable. He said the stipulation was not right. He stated that his home was a single-family home. He said his rights had been violated. He said he would be happy to invite someone to his home, but forcing someone to his home was totally different. He asked that Stipulation No. 4 be removed from the variance request. Mayor Lund asked if the neighbors were opposed to the project. FRIDLEY CITY COUNCIL MEETING MINUTES OF AUGUST 11, 2003 PAGE 15 Mr. Hickok said that there was no one at the Appeals Commission who spoke in opposition to the project. Mayor Lund asked Mr. Kiewel if there were any problems with the neighbors over this project. Mr. Kiewel said that there were no problems with his neighbors. He thanked Council for their consideration. Mr. Knaak, City Attorney, noted that with respect to Stipulation No. 4, there would be a building inspector on site, which was not unusual. What was different about this application, and it relates to the history of this site, was it authorized the building inspector to look for something else as well, some other issue. The City is authorized to use that information. The building inspector was going to be there anyway. This was not something that was not expected for someone who was adding a significant addition to the house. It just provided additional authorization for the building inspector up front so there was no misunderstanding. Councilmember Bolkcom indicated that an appointment would be set up so that Mr. Kiewel could be there and could walk through the property with the building inspector. She asked if there would be times if the house would be inspected when the homeowner was not at home. Mr. Hickok said that it was the City's practice not to enter a property without an individual being present. The inspection was not to invade someone's privacy, just to determine if there was a code violation. Mr. Phillips said he was requesting Council's approval and Mr. Kiewel was requesting Council approval without Stipulation No. 4. Councilmember Billings asked if Stipulation No. 4 could read, "the property shall be maintained and utilized in accordance with all applicable zoning laws." Mr. Hickok indicated that statement was an assumed fact with every property in the City. Stipulation No. 4 was an added protection provided by staff. Staff presumed this was a single- family home and just want to make sure. MOTION made by Councilmember Barnette, seconded by Councilmember Bolkcom, to grant Variance Request, VAR #03-17, by David Phillips for James Kiewel, to increase the maximum size of a first accessory structure to allow the construction of an addition to an existing garage, generally located at 1631 Rice Creek Road N.E.(Ward 2) with the following stipulations: 1. Petitioner shall obtain all necessary permits prior to construction. 2. The petitioner shall provide a hard surface driveway to garage addition within 12 months of issuance of a building permit. 3. The accessory structure shall not be used to conduct a home occupation. 4. Home must be opened to a City Building Inspector prior to start of construction to determine if the property is a legitimate single family home. 5. All sheds on property must be removed prior to building permit being "finagled". FRIDLEY CITY COUNCIL MEETING MINUTES OF AUGUST 11, 2003 PAGE 16 6. Detailed plans for the new dwelling area must be submitted with building plans for the garage. 7. New basement, as labeled on site plan, must be separated from garage in accordance with building code requirements and may not be converted to additional garage area. 8. Silt fence required along the east, west and north property lines to prevent erosion onto adjacent properties. Hay bales in swell areas are also required, as deemed necessary by City staff. 9. Due to steep grades and amount of additional impervious surface, the water runoff velocity must be slowed down through the use of sod, seed, a small ponding area (rain garden) or other landscaping. Final design to be approved by City staff prior to issuance of a building permit. Remedy must be installed prior to building permit being "finagled". 10. New addition must be architecturally compatible with the existing home and garage. Building elevations to be submitted to and approved by City staff prior to the issuance of a building permit. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 15. RESOLUTION NO. 37-2003 DECLARING THE NECESSITY TO INCREASE STORM WATER RATES IN EXCESS OF THE INFLATIONARY INDEX OR 5%, WHICHEVER IS LESS, AS REQUIRED BY SECTION 7.02 OF THE FRIDLEY CITY CHARTER. Mr. Richard Pribyl, Finance Director, made one presentation on Items 15, 16 and 17. He said that for clarification, all of these action items were to merely set a public hearing. The three rates in question were storm water, sanitary sewer, and water. The resolution for Item No. 15 declared a necessity to increase storm water rates in excess of the inflationary index as provided by the City Charter. This resolution was required by Chapter 7.02 of the City Charter. A referendum was approved by the voters that required voter approval for any increase in utility rates that exceeded the defined index. The index that the City would use for 2004 would only provide for a 1.8% increase in rates. The City would like to increase the storm water rate by a total of 9%, or $.81 per REF-acre per quarter or an average of $.87 per residential customer per year. The Charter states that the City must provide a definition of the need for the increase and that need was the result of operation for 2003 which resulted in a net loss of $87,000. It is projected that with a 1.8% increase, the City would still incur a loss of approximately $80,000 for 2004. The City has been experiencing increased cost from federal mandates associated with the National Pollutant Discharge Elimination System. Mr. Pribyl stated that the City continued to perform storm water maintenance and upgrades to protect streets and neighborhoods from flooding. He stated this resolution did not commit the City to the rate increase, but only started the process required by the City Charter to take the ballot question to the voters this fall. With the passage of the resolution in accordance with the City Charter, a public hearing notice will be published three different times on these dates: August 21, 28 and September 4. The public hearing will be held on September 8 to take public comment and discuss the issue of raising the rates. If the rate increase question fails in the election this fall, the City would be required to use cash that has been set aside for cash flow and for replacing fixed assets. FRIDLEY CITY COUNCIL MEETING MINUTES OF AUGUST 11, 2003 PAGE 17 Councilmember Barnette asked what the cost to the average customer would be for the storm water rate increase. Mr. Pribyl said the average customer would incur an increase of $1.09 per year. Councilmember Bolkcom asked Mr. Pribyl if all the information would be presented at the public hearing. Mr. Pribyl said that at the public hearing all the increases would be reviewed. MOTION made by Councilmember Bolkcom, seconded by Councilmember Wolfe, to adopt Resolution No. 37-2003. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 16. RESOLUTION NO. 38-2003 DECLARING THE NECESSITY TO INCREASE SANITARY SEWER RATES IN EXCESS OF THE INFLATIONARY INDEX OR 5%, WHICHEVER IS LESS, AS REQUIRED BY SECTION 7.02 OF THE FRIDLEY CITY CHARTER. Mr. Richard Pribyl, Finance Director, said this resolution was similar to the previous resolution. The difference was that the City would like to increase the sanitary sewer rates by an additional 7.2% or $.17 per 1,000 gallons of waste disposed. He said it was projected that with the 1.8% increase, the sanitary sewer fund would incur a loss of approximately $222,000. The City of Fridley was experiencing a 3% increase in the cost of waste water disposal fees and a 6.1% increase in the annual waste water permit fee charged by Met Council Environmental Services for the discharge of City-wide sewage to their treatment plants. The City continued its program of sewer pipe lining to reduce damage and the infiltration of brown water into the sanitary sewer system. The City of Fridley was requesting a rate increase for the sole purpose of reducing the operating loss for the year of 2004. The City was asking for a 7.2% increase in excess of the index and a$.17 increase per 1,000 per quarter above the index. He said the Council has the ability to increase the sanitary sewer rates without going to the voters. Mr. Pribyl said the estimated combination of the amount of increase allowed by the index and the amount requested in this resolution would cost the average customer approximately $15.00 per year. Mr., Pribyl said the same process would be followed to include a public hearing and citizen vote. MOTION made by Councilmember Bolkcom, seconded by Councilmember Wolfe, to adopt Resolution No. 38-2003. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 17. RESOLUTION NO. 39-2003 DECLARING THE NECESSITY TO INCREASE WATER RATES IN EXCESS OF THE INFLATIONARY INDEX OR 5%, WHICHEVER IS LESS, AS REQUIRED BY SECTION 7.02 OF THE FRIDLEY CITY CHARTER. FRIDLEY CITY COUNCIL MEETING MINUTES OF AUGUST 11, 2003 PAGE 18 Mr. Richard Pribyl, Finance Director, explained that the City requested an increase in water rates by an additional 7.2% or $.08 per 1,000 gallons. The City needed to upgrade the main water filtration plant to meet stricter regulations imposed by the Federal EPA for the removal of Radium 226 and 228 from the City water supply. Due to its age, deteriorated condition and e�tremely high cost of rehabilitation, the City also needed to replace the 1.5 million gallon water storage tank constructed in 1953 which provided water pressure to the eastern third of the City. He said that with the 1.8% increase, the water fund would incur a loss of approximately $180,000. The City of Fridley requested a rate increase for the sole purpose of reducing the loss for the year 2004. He said it was that the combination of the amount of increase allowed by the index and the amount requested in this resolution would cost the average customer $7.20 per year. MOTION made by Councilmember Bolkcom, seconded by Councilmember Wolfe, to adopt Resolution No. 39-2003. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 7. ESTIMATES: Councilmember Billings said that one of the estimates was for Hardrives for the 2003-1 project in Marian Hills. He said he noticed as he drove through the neighborhood that there were a large number of properties that were recently sodded and the sod was turning brown. He said that that about $13,860 was set aside for partial payment for sod and the City held back about 5%. It looked as though more than 5% of the sod was not taking MOTION made by Councilmember Billing to make a partial payment to Hardrives on Project ST 2003-1 in the amount of $189,170.86 holding back an additional $3,000 for sod, and to approve the payment to Midwest Asphalt Corporation. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 18. INFORMAL STATUS REPORTS: Councilmember Bolkcom commended the Police and Fire Departments, the volunteers, block captains and City staff for a great National Night Out. Councilmember Bolkcom said that Banfill-Locke Center for the Arts would be holding Art at Rice Creek on Sunday, September 14, from 12:00 p.m. to 6:00 p.m. Mayor Lund reminded citizens to attend the State of the City address at 7:00 p.m., August 21 at the Fridley High School District Auditorium. FRIDLEY CITY COUNCIL MEETING MINUTES OF AUGUST 11, 2003 PAGE 19 ADJOURNMENT MOTION made by Councilmember Barnette, seconded by Wolfe to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE AUGUST 11, 2003 MEETING OF THE FRIDLEY CITY COUNCIL ADJOURNED AT 10:27 P.M. Respectfully submitted, Kathy Fischer Recording Secretary ������ Scott J. Lund Mayor